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2006-06-01 Regular MeetingKodiak Island Borough June 1, 2006 - 7:30 p m. Mr. Jerome Se /by Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemblymember Term Expires 2008 Ms. Pat Branson Assemblymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswalt Assemblymember Term Expires 2008 Mr. Cecil Ranney Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Term Expires 2006 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager 's. Judi Nielsen, CMC Borough Clerk Kodiak Island Borough June 1, 2006 Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of April 27 and Regular Meeting of May 4, 2006. p 9 ar 6. AWARDS AND PRESENTATIONS A. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) (Toll Free Phone Number 1- 800 - 478 -5736) (Local Phone Number 486 -3231) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Phone Number 1- 800 - 478 -5736 - Local Phone Number 486 -3231) Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of 1 \ \ Ordinance Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenda Page 1 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor 2. Contract No. FY2006 -44 Kodiak High School Asbestos Abatement and Floor Covering Replacement. B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission. 2. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1- Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) 3. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities. D. OTHER ITEMS 1. Confirmation of Borough Deputy Clerk 14. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Meetings of December 27, 2005 and March 17 and 30, 2006. 2. Parks and Recreation Committee Regular Meeting of April 11, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education May 8, 2006 Special Meeting Summary. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION A. Borough Manager's Evaluation. 18. ADJOURNMENT Agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda June 1, 2006 Page 2 'A 4.t4 4." l it rob, � 4 Foz e�� 6, 57,4, J , vv, Ukttu On SW MCMt c PAlver 17 cr / �i i��% &4 Z f/iL TWA' 111 f ?Am gr ` :4 (.1351c _� (» KODIAK ISLAND BOROUGH ASSEMBLY MEETING / Regular Meeting of: V (iM, 1, Z OQ(�j Please print your name Please pr z L14 co o za a ° Q 0 0 U N t 7 tO 0 a 0 rn z "AAI. 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Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemblymember Term Expires 2008 Ms. Pat Branson Assemblymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswalt Assemblymember Term Expires 2008 Mr. Cecil Ranney Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Tenn Expires 2006 Ms. Barbara W/lllams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Judi Nielsen, CMC Borough Clerk June 1, 2006 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Student of the Month 10. BOROUGH MANAGER'S REPORT Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 11. MESSAGES FROM THE BOROUGH MAYOR DRAFT 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) (Toll Free Phone Number 1 -800- 478 -5736) (Local Phone Number 486 -3231) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Phone Number 1 -800- 478 -5736 - Local Phone Number 486 -3231) A. Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinance Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. B. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) Kodiak Island Borough Assembly Agenda Page 1 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor 2. Contract No. FY2006 -44 Kodiak High School Asbestos Abatement and Floor Covering Replacement. B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission. 2. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1- Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) D. OTHER ITEMS 1. Confirmation of Deputy Borough Clerk 14. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Meetings of December 27, 2005 and March 17 and 30, 2006. 2. Parks and Recreation Committee Regular Meeting of April 11, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education May 8, 2006 Special Meeting Summary. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION A. Borough Manager's Evaluation. 18. ADJOURNMENT Agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda June 1, 2006 Page 2 CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Special Assembly Meeting April 27, 2006 DR al A special meeting of the Kodiak Island Borough Assembly was held April 27, 2006 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:33 p.m. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Absent was Assemblymember Pat Branson. Staff present were Manager Rick Gifford, Assessor Tom Anderson, Community Development Director Mary Ogle, Engineering and Facilities Director Bud Cassidy, Finance Director Karl Short, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. Scott Arndt School Board Member, noted Kodiak's legislators were getting conflicting information regarding the Seismic Vulnerability funds from the Borough. CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING A. Contract No. FY2006 -37 Kodiak Island Borough Clerk Employment Agreement. OSWALT moved to approve Contract No. FY2006 -37 with Nova Javier as Borough Clerk effective June 3, 2006, seconded by ABELL Assemblymember Williams was glad Ms. Javier applied for the job. Assemblymember Oswalt hoped everything would continue to go well. He wished Clerk Nielsen good luck. Assemblymember Stephens agreed with Assemblymember Oswalt. He was glad to see the negotiating process went well. Assemblymember Ranney was happy with the process. Assemblymember Abell was glad to see a smooth and good start. ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams ADJOURNMENT JEFFREY moved to adjourn the special meeting, seconded by ABELL ROLL CALL VOTE ON MOTION TO ADJOURN CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell The meeting adjourned at 8:37 p.m. ATTEST: Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes Page 1 April 27, 2006 Jerome M. Selby, Mayor KODIAK ISLAND BOROUGH Regular Assembly Meeting DRAFT May 4, 2006 A regular meeting of the Kodiak Island Borough Assembly was held May 5, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Engineering and Facilities Director Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA WILLIAMS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of April 6, 2006. BRANSON moved to approve the minutes as submitted, seconded by WILLIAMS VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Student of the Month Mayor Selby presented the Student of the Month award to Ralph Pasana, a senior at the Kodiak High School. B. Proclamation Mayor Selby proclaimed April 30 - May 6, 2006 as "Municipal Clerks Week" encouraging all citizens to recognize this event. CITIZENS' COMMENTS Jay Johnston supported the proposed substitution to Resolution No. FY2006 -36. George Griffinq urged the Assembly to adopt the substitution to Resolution No. FY2006 -36 as the proposed site maximized student and public use of the pool. Jimmy Ng urged the Assembly to approve the Contract No. FY2006 -38. Ne needed the approval as a supporting document for a USDA grant he was applying for which has a deadline of May 14. COMMITTEE REPORTS Scott Arndt, ARB chair, said the seismic engineering and other bond projects were reviewed and a recommendation would be forthcoming. He said ECI Myer was a capable firm for the schematic design of the pool. Assemblymember Oswalt like the idea of using a saline system instead of chlorination for the new pool. Kodiak Island Borough Assembly Minutes May 4, 2006 Page 1 PUBLIC HEARING A. Ordinance No. FY2006 -11 Amending Title 4 Service Areas Chapter 4.40 Assessment Districts Within Service Areas Section 4.40.090 Payment by Changing the way the Interest Rate is Calculated on Installment Payments for Special Assessment Districts. JEFFREY moved to adopt Ordinance No. FY2006 -11, seconded by BRANSON Manager Gifford said this would allow the Assembly to determine the actual interest rate used for special assessment districts. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams BOROUGH MANAGER'S REPORT Manager Gifford reported he attended the Kodiak Island Rural Regional Leadership Forum meetings Abell paving service area, real publicized, make a decision on there MESSAGES FROM THE BOROUGH MAYOR Mayor Selby urge stay in touch representative and senator request fund schools, capital projects, revenue sharing, stay focused, encourage call reinforce, helpful UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -38 Providence Kodiak Island Medical Center Schematic Design Services - Phase IV of the Community Health Center. JEFFREY moved to approve Contract No. FY2006 -38 with Prochaska and Associates for Phase IV - schematic design of the Community Health Center - in an amount not to exceed $58,700 plus non - reimbursable expenses of approximately $2,000 for a total contract amount of $60,700, seconded by BRANSON Manager Gifford reported the Assembly directed staff to proceed with Phase IV of the design of a Community Health Center (CHC) wing that would be added to the existing hospital facility. Staff negotiated with the architect for costs associated with developing schematic design drawings for the layout of the CHC. Assemblymember Stephens wanted discussion about the master plan before proceeding with this design work that was supposed to be based on a master plan. Kodiak Island Borough Assembly Minutes May 4, 2006 Page 2 Assemblymember Branson supported this contract because there was no cost associated from the Borough and this was for schematic designs and not for construction. Jimmy Nq, in response to Assemblymember Williams, explained the sources and requirements of funds for the CHC. Assemblymember Branson noted the importance of having the schematic designs included in his grant proposal. ABELL moved to postponed Contract No. FY2006 -38 to the May 18, 2006, seconded by OSWALT There was general discussion about the need to have additional questions answered at the next work session. ROLL CALL VOTE TO POSTPONE CARRIED FOUR TO THREE: Abell, Oswalt, Stephens, Williams (Ayes); Branson, Jeffrey, Ranney (Noes) 2. Contract No. FY2006 -39 Solid Waste Collection. WILLIAMS moved to approve Contract No. FY2006 -39 as a unit cost contract with Alaska Pacific Environmental Services of Anchorage, LLC, dba Kodiak Sanitation, seconded by STEPHENS Manager Gifford said the KIB provides solid waste collection services for residents on the road system in Kodiak. This contract would become effective July 1, 2006. A bid packet was put out in late March for a two -year term and two one -year optional extensions. There was one responder and staff recommended awarding the contract to Alaska Pacific Environmental Services Anchorage, LLC, dba Kodiak Sanitation. Assemblymember Branson noted recycling was not clear in the contract and hoped it would be addressed in the future. In response to Assemblymember Williams, Manager Gifford explained the spreadsheet comparing the difference in prices. Assemblymember Abell agreed with Assemblymember Branson's comments about the importance of recycling. Assemblymember Branson thanked staff for putting this contract together in a timely fashion. She looked forward to the completion of the waste stream study. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson B. RESOLUTIONS 1. Resolution No. FY2006 -36 Relating to the Selection of a Site for Construction of a New Swimming Pool. STEPHENS moved to adopt Resolution No. FY2006 -36, seconded by ABELL Manager Gifford said the ARB met and determined to locate the pool near the high school at site 1. Kodiak Island Borough Assembly Minutes May 4, 2006 Page 3 Assemblymember Stephens was concerned about the proposed pool site. Assemblymember Ranney moved to postpone Resolution No. FY2006 -36 to May 18, seconded by Abell ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey By consensus of the Assembly, Mayor Selby recessed the regular meeting at 8:44 p.m. and reconvened the meeting at 8:49 p.m. Assemblymember Stephens presented an aerial photo of site #1 noting his concerns with access and significant problems associated with using the old boilers at the high school. JEFFREY moved to amend Resolution No. FY2006 -36 by substitution, seconded by BRANSON Assemblymember Jeffrey understood the concerns of Assemblymember Stephens; however, she was concerned about the time and cost associated with delays. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FOUR TO THREE: Abell, Branson, Jeffrey, Ranney (Ayes) Oswalt, Stephens, Williams (Noes) Assemblymember Abell noted the need to revise the "Now, therefore" part of the resolution. ABELL moved to amend Resolution No. FY2006 -36 in the "Now, therefore be it resolved by adding the words "complete schematic" between the words "and" and "design" seconded by Williams ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS 1. Appointment to the Citizen's Board of Equalization. ABELL moved to appoint Cheryl McNeil and Louise Stutes to terms to expire December 31, 2008 and Cassandra Juenger to an alternate seat to expire December 31, 2007 on the Citizen's Board of Equalization, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens 2. Appointment to the Fire Protection Area No. 1 Board. WILLIAMS moved to appoint Andrew DeVries to a term to expire October, 2006 on the Fire Protection Area No. 1 Board, seconded by BRANSON ROLL CALL VOTE ON MOTION: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams Kodiak Island Borough Assembly Minutes May 4, 2006 Page 4 CITIZEN COMMENTS Charles Davidson was concerned and urged the Assembly to investigate the activities going on at the Sawmill Storage. He urged the Assembly to stop micro managing Borough staff. ASSEMBLYMEMBER COMMENTS Assemblymember Jeffrey encouraged everyone to participate in the community spring clean -up. Assemblymember Branson congratulated the Clerk's Office staff in celebration of "Clerk's Week." She congratulated Student of the Month Ralph Pasana. She was thankful for the volunteers in our community. She wanted the Assembly to do its homework to be able to move forward positively with its business. Assemblymember Abell urged everyone to come forward and be involved in the budget process. Assemblymember Ranney appreciated KMXT for their continued broadcast of the meetings. He asked everyone to support KMXT's spring fund drive. Mayor Selby announced the Assembly would meet in a work session on Thursday, May 11 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, May 18, at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell The meeting adjourned at 9:35 p.m. ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes May 4, 2006 Page 5 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of June 1, 2006 Item No. 9.A Ordinance No. FY2006 -10 Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinance Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. This ordinance will remove the $15 a year boat tax so that the tax on boats and vessels will be included in the annual Borough budget process. Fiscal Notes: APPROVAL FOR AGENDA: ti c r Recommended motion: Move to adopt Ordinance No. FY2006 -10. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -10 Introduced by Manager Gifford Requested by Finance Director Drafted by Borough Clerk Introduced: 05/18 /2006 Public Hearing: 06/01/2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.24 PERSONAL PROPERTY TAX SECTION 3.24.050 CLASSIFICATION OF BOATS AND VESSELS WHEREAS, KIBC 3.24.050 provides that boats and vessels are classified for purposes of taxation as a special category and shall be taxed at the rate of fifteen (15) dollars a year; and WHEREAS, the Borough Manager and Finance Director feel it is prudent that the tax on boats and vessels should be included in the annual Borough budget process; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels is hereby amended as follows: Chapter 3.24 PERSONAL PROPERTY TAX Sections: 3.24.010 3.24.015 3.24.020 3.24.030 3.24.050 3.24.060 3.24.070 3.24.080 Assessment return. Tax situs of personal property. Liability for and collection of. Penalties. Classification of boats and vessels. Business inventories exempt. Household furniture and effects exempt. Commercial fishing gear exempt. 3.24.050 Classification of boats and vessels. Pursuant to AS 29.45.050(bX2), boats and vessels are classified for purposes of taxation as a special category and shall be taxed at the rate of-fifteen (15) - dollars a --year determined annually by the assembly during the budget adoption process for a boat or vessel of more than five (5) net tons, rather than on an ad valorem basis. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -10. Page 1of 1 Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 9.B. Ordinance No. FY2007 -01 Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) This includes funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levies a tax on the real and personal property within the borough as well as upon natural resources extracted and removed from the Borough. Fiscal Notes: Recommended motion: Move to adopt Ordinance No. FY2007 -01. Estimate based on $30 per vessel Minimum $30 fee and $1 per foot on all over 30 feet Estimate based on graduated fee per boat Up to 30 feet Over 30 feet © $1 per foot Estimate if taxed at full market value mill rate market value 0.011 132,398,274 Boat Tax - Various Budget Options Estimated revenue at current fee of $15 per vessel # boats Revenue 521 7,815 521 15,630 (Estimate based on $50 per vessel 521 26,050 Amount currently in budget 1 570 26,224 26,794 Minimum $40 fee and $1 per foot on all over 40 feet Estimate based on graduated fee per boat Up to 40 feet 7,920 Over 40 feet © $1 per foot 19,967 27,887 Estimate based on alternative of graduated fee cost per boat 20 to less than 25 feet 50 0 25 to less than 36 feet 150 16,500 36 to less than 60 feet 250 76,250 60 to less than 100 feet 500 37,500 100 or more feet 1000 31,000 161,250 Estimate based on alternative of 1/2 graduated fee as proposed above cost per boat 20 to less than 25 feet 25 8,250 25 to less than 36 feet 75 38,125 36 to less than 60 feet 125 18,750 60 to less than 100 feet 250 15,500 100 or more feet 500 80,625 72,810 1,456,381 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2006 AND ENDING ON THE THIRTIETH DAY OF JUNE 2007 (FISCAL YEAR 2007 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Section 3: Introduced by. Potinager Gifford Drafted by Finance Director I Introduced: 05/18/2006 Public Hearing: 05/18/2006 Public Hearing: 06/01/2006 Adopted: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2006 and ending on the thirtieth day of June 2007. Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Composition of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2007 -01 Page 1 of 7 A General Fund (100) Revenues Taxes Real Property 55.49% 7,819,490 Personal Property 7.68% 1,082,110 Non ad valorem taxes 1.96% 276,050 Payment in lieu of taxes 5.43% 765,000 Severance Taxes 7.59% 1,070,000 Penalties & Interest on Tax 1.06% 150,000 Licenses & Permits 0.74% 104,500 Intergovernmental 15.74% 2,217,945 1,585,075 Investments Earnings 2.84% 400,000 Other 0.43% 60,200 Use of Fund Balance 1.03% 145,588 (77,012) Total General Fund Revenues 100.00% 14,090,883 13,235,413 Expenditures FTE Percentage Legislative 1.15% 161,790 Personnel Services 21,600 Fringe Benefits 5,190 Lobbyist 62,000 Support Services 73,000 Borough Management 2.5 2.21% Personnel Services 203,820 1 -6 -1 -,600 Fringe Benefits 88,680 71 Support Services 39,220 Allocated (20,000) Borough Clerk 3 2.57% 361,490 Personnel Services 160,430 Fringe Benefits 98,730 Support Services 102,330 Legal Services 0.92% 130,000 Cost of Litigation 120,000 Support Services 10,000 Finance /Accounting 7 4.59% 647,023 Personnel Services 409,500 Fringe Benefits 206,843 Support Services 95,680 Capital Outlay Allocated to Projects (65,000) 311,720 256,250 Ordinance No. FY2007 -01 Kodiak Island Borough, Alaska 2 of 7 Finance /MIS 3 3.38% 475,838 Personnel Services 196,250 Fringe Benefits 102,378 Contracted Services 11,000 Support Services 294,860 Capital Outlay 10,000 Allocated (138,650) Assessing 4 2.83% 399,150 Personnel Services 243,180 Fringe Benefits 126,620 Support Services 42,350 Capital Outlay Allocated to other funds (13,000) Engineering/Facilities 2 1.08% 152,102 1 Personnel Services 86,720 Fringe Benefits 40,750 Professional Services 25,700 45 Support Services 48,932 Allocated to Projects (50,000) Community Development 5 4.35% 613,420 Personnel Services 326,750 Fringe Benefits 157,160 Professional Services 60,000 Support Services 71,910 Capital Outlay Allocated to Projects (2,400) Building Inspectors Contracted Services 125,000 Support Goods and Services 7,640 Economic Development Professional Services 22,000 Contributions 43,000 Support Goods & Services 5,000 General Administration Fringe Benefits Professional Services Audit Expense 96,000 Contracted Services 20,000 Support Services 156,370 Capital Outlay 25,000 Emergency Preparedness Support Services Capital Outlay 8,800 0.94% 132,640 0.50% 70,000 2.11 % 297,370 0.06% 8,800 Ordinance No. FY2007 -01 Kodiak Island Borough, Alaska 3 of 7 Education Support Professional Services 508,000 Audit Expense 37,000 Support Goods and Services 102,000 Operating Transfers 8,435,990 Health & Social Services Contracted Services 60,000 Contributions 222,880 Education, Culture & Recreation Contributions 167,220 Transfers Out Transfers 5.65% 796,450 6450 64.46% 9,082,990 2.01% 282,880 1.19% 167,220 796,450 6/50 Total General Fund Expenditures 14,090,883 -1-3,236,413 Ordinance No. FY2007 -01 Kodiak Island Borough, Alaska 4 of 7 B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 89,280 3 Land Sales (210) 96,700 4 Buildings & Grounds Fund (220) 706,980 641 -.989 5 Coastal Management (230) 25,650 6 Local Emergency Planning Committee (234) 20,000 7 Women's Bay Road Service Area (240) 119,600 8 Service Area No. 1 (242) 215,000 9 Service Area No. 2 (243) 10 Monashka Bay Road Services Area (244) 43,175 11 Bay View Road Service Area (246) 4,800 12 Fire Protection Area No. 1 (254) 701,160 13 Women's Bay Fire Department (252) 89,200 14 KIB Airport Fire Area (254) 16,730 15490 15 Woodland Acres Street Light Area (260) 6,000 5,000 16 Trinity Acres Lighting Dist. (261) 3,600 17 Mission Lake Tide Gate (262) 2,460 18 Trinity Acres Paving Dist. 263) 22,140 19 Kodiak Arts Council (275) 65,780 20 Facilities Fund (276) 1,800,000 21 Tourism Development (277) 45,000 22 Fern Fuller Trust (290) 75,000 Total Special Revenue Funds 4,148,255 4081 - ,015 Ordinance No. FY2007 -01 Kodiak Island Borough, Alaska 5 of 7 C. Debt Service Funds 1 Debt Service (300) 2 Debt Service - Other (310) Total Debt Service Funds (Revenues and Expenditures) 3,431,810 0 3,431,810 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 1,300,000 0 2 Capital Project - School Bonds, Various (420) 400,000 0 3 Capital Projects - State Grants (430) 0 4 Capital Projects - Enterprise Funds (490) 0 Total Capital Projects Funds 1,700,000 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 3,759,523 2 Hospital Enterprise Fund (540) 1,735,873 3 Near Island Research Fund (555) 2,051,759 4 911 Service (560) 69,000 Total Enterprise Funds 7,616,155 Total all Funds $ 30,987,103 S- 2364,393 Ordinance No. FY2007 -01 Kodiak Island Borough, Alaska 6 of 7 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2006, to be used for the purposes as specified in the Budget for the Fiscal Year 2007 of the Kodiak Island Borough commencing on the first day of July 2006 and ending on the thirtieth day of June 2007 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 11.00 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.25 mills I. Woodland Acres Street Light Area 0 mills J. Service Area No. 2 0 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area .5 mills M. Mission Lake Tide Gate Service Area 1.00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5: The tax rate on boats is set at $50.00 per boat. Boats that weigh less than 5 tons are exempt. Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project, and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -01 Page 7 of 7 Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.A.1 Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor. Kodiak Island Borough Code 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for removal, disposal, and replacement of the gym floor at Northstar Elementary School. This Project is included in a Bond Project for floor covering for four schools. The total amount for the entire bond project is $728,708. One bid was received from Alaskan Industries, Inc. The Borough Engineering and Facilities Department recommends awarding a construction contract to Alaskan Industries, Inc. FISCAL NOTES ACCOUNT NO. 420 515 452 150 05011 6 [0] N/A Expenditure $129,400 Amount Required $ Budgeted $141,536 RECOMMENDED MOTION: Move to award Contract No. FY2006 -43 to Alaskan Industries, Inc. of Wasilla, AK in an amount not to exceed $129,400. DATE: 5/23/06 TO: Rick Gifford FROM: K. Smith RE: Northstar Gym Floor Replacement KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM The gym floor at Northstar Elementary School has suffered a moisture problem since the installation of the slab. The flooring has become detached from the slab and exhibits bubbling at various locations throughout the floor and at some of the control joints. A vapor barrier under the slab was not called for in the construction drawings and none was installed. During curing of the concrete the slab curled at the edges and control joints and required substantial rework to bring it back into tolerance. The installation of the poured urethane finish flooring (Robbins Chemturt) was delayed until the moisture decreased to at or near the maximum limits for the product. The warranty (if there was any) for the product and installation have expired. Several options to cure the problem have been identified and explored. These range from complete removal and replacement of the concrete slab to simply an overlay of the existing flooring with a compatible material. The chosen solution includes removal of the existing flooring and replacement with a product that can withstand the moisture. This is thought to be the most economical solution sufficient to remedy the problem. Mondo Advanced 3 layer with Everlay T underlayment or an approved equal was specified in the bid documents. This product is economical and has been installed in several locations throughout the state. It not only appears to be capable of solving the moisture problem but is also able to withstand the effects of rollerblading without deleterious effect. The Robbins Chemturf was tested and found to contain a small amount of mercury and must be treated as a hazardous material and can not be disposed of in the landfill. Although it is not known to pose any health threat and could be left intact in place, KIBSD staff strongly recommended that the product be completely removed. Page 1 of 1 Vlondo . Commercial and Sport Flooring " r ' {6frr, : l .v^5„ri . 714. kr PJ i r.J� a..t. „i- r, ra �>+.� - V.L.✓ 4.r. l!Ol7oOt .... e:, r - _, 5 } 1 -�E 1 .4. t ut N . KOM N 1 I:': .,I . :,e vu `r anti .. .,u- i.,� ri: 1± 11nnx - wn2. _..._i_ EN wlif5RED r+Q O: HUMAN Vk AI.ITY EVER LAY T UNbERLAYMFNT FORMOtSTURE PROSE @rns F. RENOVAT AREA OF APPLICATION Gyalaa 4 Easy Installation Eliminates construction delays caused by removal of existing surfaces, and concrete - related moisture issues. Ideal for fast- track construction. htt„ / /anxnxr mnndnn ca rnm /en alish /fram eset/html /frameset htm Applications Benefits Step 1: • Floating subfloor that can be installed over most synthetic floors including those that may contain heavy metals or other toxic elements. • Concrete slabs.Withstands up to 12 lbs. of moisture. • Floating subfloor for use over existing wood floors. • Floating subfloor used in conjunction with all Mondo's sport floors. • Eliminates abatement cost • Warrantied up to 12 lbs. of moisture • Minimizes construction delays • Increases sound absorption • Increases thermal insulation • Allows for temporary installations • which can be easily removed for use elsewhere Step 2: Step 3: Page 1 of 1 5/19/2006 Vlondo : Commercial and Sport Flooring HUMAN VITALITY ADVANCE Gymnasiums FIBR AREAS OF APPLICATION ADVANCE TRIPLE LAYER SYSTEM Vulcanized three -layer system exclusive to Mondo ADVANCE DOUBLE LAYER SYSTEM Featuring Mondo's Double Durometer Technology Performance layer —*. made of highly durable vulcanized rubber to provide optimal rotational and translation friction for safety and comfortable play Bottom safety layer with proper shore hardness for multipurpose use also provides good shock absorption and excellent insulation httn.//www_mondousa.com/english/frameset/html/frameset.htm Page 1 of 1 Performance layer made of highly durable vulcanized rubber to provide optimal rotational and translation friction for safety and comfortable play Resilient layer for greater areas of load impact, made of 100% natural and synthetic rubber to enhance energy and elastic return values Shock absorption layer for increased shock absorption and superior tensile strength to prevent tearing and delamination 5/19/2006 MONDO — ADVANCE TRIPLE LAYER LIMITED WARRANTY Mondo America Inc. warrants the Mondo Advance Tr manufacturing and material defects for three (3) ye Mondo further warrants the Advance Triple Layer a years specifically that the Advance Triple Layer w underlayment, under normal use, over a period o Except for the limited warranties set forth, whether expressed or implied including bu matching of shade, color, or mottling or w -rran Mondo hereby disclaims any other endorsed in writing as set forth below No agent, employee, distributor, de Mondo to any warranty repres contract and unless any warr distributor, dealer or repre agreement, it shall not be e MONDO AMERICA I quality commercial a or workmanship for the conditions set f herein for any flo been installed shall be limit area of floo flooring. The purc other warran or conseque losses or con e to be free of chase /installation. or a period of ten (10) way completely to the warranties or guarantees, es of merchantability, exact particular purpose. unless expressly authorized and e of Mondo has any authority to bind concerning the goods sold under this affirmation made by an agent, employee, s specifically included within this written ondo by any user. Mondo), warrants that it's new regular or first s described above to be free of defects in material ree (3) year from the date of purchase in accordance with nt of a defect in material or workmanship as described arranty, and if investigation shows that the flooring has rdance with Mondo's specifications, the liability of Mondo tile or flooring for the repair or replacement of any such ve to the extent necessary to remedy any such defect in said set forth herein above shall be the exclusive remedy of any a "rz' °" ty. Under no circumstances will Mondo be liable for labor or any onnection with the repair or replacement of any flooring covered by this umstances will Mondo be liable for direct or indirect damages, incidental ges, for lost profits, lost sales, injury to property or any other damages, curred by reason of the use of the flooring with this warranty. Repairs or replacement deliveries do not interrupt or prolong the terms of this warranty. This warranty shall cease to be in effect if the flooring is repaired or replaced by other than persons authorized or approved by Mondo to perform such work. This warranty shall not cover damage to the flooring caused in whole or in part by casualty use for which the flooring is not designed, faulty construction of the building and /or base surface, n of the concrete or asphalt ty, spillage, mechanical ically, excluded from der - specification e to improper ts, or damage se; normal wear and limatic conditions, es, non compliance failure of the other contractors to adhere to specifications, sepa slab or excessive dryness and excessive moisture or alkali fro failure, immigration through the slab or walls, or any other sour this warranty is any flooring which has been subjected to n excess pivoting areas.. In addition, this warranty does not maintenance, damage in use due to stains, gouges, p resulting from any intentional misuse of products; lust tear, gradual changes in color shading due to expo color variation between samples and /or printed illus with installation and /or usage as recommended by This warranty shall be voided unless the pr adhesive has been used on the installation, installers and maintained in accordance wit To obtain performance of any warranty provide Mondo with written notice wit defect and supply Mondo with the de notification, and authorized Mondo repre Promptly thereafter, Mondo will for repair or replacement of th this warranty, the same product will make every effort to regular production. Sho arrangements for a su shading nor embossi r Mondo recommended been installed by certified fications. hi3ser (distributor or dealer) must e discovery of any manufacturing ct in material or installation. After ect and verify the alleged defect. ring to be defective, at is option, arrange g. replacement is made in accordance with Mondo floor covering will be supplied. Mondo d color for replacement flooring provide it is in gular production then Mondo will make special s expense. Mondo cannot guarantee exact color This warranty is ,ly r of regular or first quality covering material and is not transferable un. m This warranty is in lieu of all warranties, expressed or implied, includ ited y warranty of merchantability or fitness for a particular purpose, and.ligations on the part of Mondo. This warranty constitutes the only warranty ma e b -nd is a complete and exclusive statement of its obligation. Mondo makes " sen - xpressed or implied, not specified herein. Any and all represe - e. ":`unties or statements by Mondo or its employees that differ in any manner thi written warranty, shall be of no force or effect. No representative, agent o o: "''ndo, or any other person, is authorized to assume for Mondo any additional h y 1 sibility with Mondo floor covering except as described above. Implied warranties of m '.ility and fitness for a particular purpose or use are limited to a period of three (3) year on material and manufacturing defects. MONDO — EVERLAY LIMITED WARRANTY Mondo America Inc. warrants the Mondo Everlay PVC underlayment to be free of manufacturing and material defects for three (3) year from the date of purchase /installation. Except for the limited warranties set forth, Mondo extends no other warranties or guarantees, whether expressed or implied including but not limited to warranties of merchantability, exact matching of shade, color, or mottling or warranties for fitness for a particular purpose. Mondo hereby disclaims any other warranty or guarantee unless expressly authorized and endorsed in writing as set forth below. No agent, employee, distributor, dealer or representative of Mondo has any authority to bind Mondo to any warranty representation or affirmation concerning the goods sold under this contract and unless any warranty, representation or affirmation made by an agent, employee, distributor, dealer or representative of Mondo is specifically included within this written agreement, it shall not be enforceable against Mondo by any user. MONDO AMERICA INC. (hereinafter called Mondo), warrants that it's new regular or first quality Everlay PVC underlayments, as described above to be free of defects in material or workmanship for a period of up to three (3) year from the date of purchase in accordance with the conditions set forth below. In the event of a defect in material or workmanship as described herein for any underlayment covered by this warranty, and if investigation shows that the flooring has been installed and maintained in accordance with Mondo's specifications, the liability of Mondo shall be limited to providing sufficient rubber underlayment for the repair or replacement of any such area of underlayment proven to be defective to the extent necessary to remedy any such defect in said underlayment. The obligation of Mondo as set forth hereinabove shall be the exclusive remedy of any purchaser under this warranty. Under no circumstances will Mondo be liable for labor or any other costs incurred in connection with the repair or replacement of any underlayment covered by this warranty. Under no circumstances will Mondo be liable for direct or indirect damages, incidental or consequential damages, for lost profits, lost sales, injury to property or any other damages, losses or contingent incurred by reason of the use of the flooring with this warranty. Repairs or replacement deliveries do not interrupt or prolong the terms of this warranty. This warranty shall cease to be in effect if the underlayment is repaired or replaced by other than persons authorized or approved by Mondo to perform such work. This warranty shall not cover damage to the rubber underlayment caused in whole or in part by casualty use for which the underlayment is not designed, faulty construction of the building and /or base surface, failure of the other contractors to adhere to specifications, separation of the concrete or asphalt slab or excessive dryness and excessive moisture or alkali from humidity, spillage, mechanical failure, immigration through the slab or walls, or any other source. Specifically, excluded from this warranty is any rubber underlayment which has been subjected to neglect, abuse or under - specification excess pivoting areas.. In addition, this warranty does not cover dissatisfaction due to improper maintenance, damage in use due to stains, gouges, punctures, tears, accidents, or damage resulting from any intentional misuse of products; normal wear and tear, non compliance with installation and /or usage as recommended by Mondo. For loose -laid installations the Mondo Everlay is warranted to resist moisture vapor emissions not exceeding 12Ibs per 1000 square feet in a 24 hours using the Calcium Chloride Test. This warranty shall be voided unless the proper Mondo adhesive or Mondo recommended adhesive has been used on the installation, and the flooring has been installed by certified installers and maintained in accordance with all of Mondo's specifications. To obtain performance of any warranty obligation the purchaser (distributor or dealer) must provide Mondo with written notice within thirty (30) days or the discovery of any manufacturing defect and supply Mondo with the details concerning the defect in material. After notification, and authorized Mondo representative must inspect and verify the alleged defect. Promptly thereafter, Mondo will, if it determines the underlayment to be defective, at is option, arrange for repair or replacement of the defective underlayment. If replacement is made in accordance with this warranty, the same product and embossing of Mondo underlayment will be supplied. Mondo will make every effort to match production standard color for the replacement underlayment provided it is from regular production. Should the same not be in regular production then Mondo will make special arrangements for a suitable replacement at its expense. Mondo cannot guarantee exact color shading nor embossing. This warranty is made only to original user of regular or first quality covering material and is not transferable under any circumstances. This warranty is in lieu of all warranties, expressed or implied, including, but not limited to any warranty of merchantability or fitness for a particular purpose, and of any other obligations on the part of Mondo. This warranty constitutes the only warranty made by Mondo and is a complete and exclusive statement of its obligation. Mondo makes no representations, expressed or implied, not specified herein. Any and all representations, promised, warranties or statements by Mondo or its employees that differ in any manner from the terms of this written warranty, shall be of no force or effect. No representative, agent or employee of Mondo, or any other person, is authorized to assume for Mondo any additional liability or responsibility with Mondo floor covering except as described above. Implied warranties of merchantability and fitness for a particular purpose or use are limited to a period of three (3) year on material and manufacturing defects. MONDO AMERICA INC. Sharon Lea Adinolfi crom: Bob Laurine [blaurine @mondousa.com] ant: Monday, May 15, 2006 10:47 PM fo: Sharon Lea Adinolfi Cc: Bob Laurine Subject: RE: Mondo Advance w /Everlay T system - quest re roller blading and moisture Sharon, We have no problem with the warranty and roller- bladinq on our Mondo Advance Floor with or without Everlay T and as you know, we have provided references in Alaska for you to contact. It is designed as a multi - purpose floor. We recommend that hockey players use fiberglass sticks but that is a rule in most leagues anyway. Mondo Advance over Everlay T is a fantastic system to control moisture, alkalinity or other subfloor issues if installed correctly per our specifications. There is a limit to the system when moisture in the slab is a concern and yes, we only warrant the product to 12 lbs. There are other options available on the market to seal in or reduce the moisture levels in concrete and they all have merit. The issues of moisture will arise with every flooring product you choose, from VCT to Linoleum, because the adhesives are the true issue- not the flooring itself. One of the reasons we have such great success with Everlay is that we are not trying to change the concrete, we are simply removing it from the equation. We warrant Everlay, our adhesive, and our Advance floor to eliminate the "finger pointing" that often occurs when a moisture sealer or reducer fails. As I mentioned earlier, it is important to read the warranties of the other products you may be asked to accept as an equal to understand what would happen in the event of a failure. hope this answers any questions you have and helps in you decision process. Regards, Bob Laurine Mondo USA West Coast Sales Manager 800 - 962 -5334 Original Message From: Sharon Lea Adinolfi To: Bob Laurine Sent: 5/15/06 7:45 PM Subject: Mondo Advance w /Everlay T system - quest re roller blading and moisture Good Afternoon: We have a gym floor project for which we are soliciting bids - we have specified the Mondo Advance Flooring with the Everlay T System [or an equivalent]. This will be a multipurpose use gym floor. One of our potential bidders has indicated that our specified system cannot be warranted as far as roller blading is concerned - and the other issue that is being raised is that the floating moisture membrane system is rated for only up to 12 lb. of moisture. It is being suggested that we may want a system rated for 25 lb. Can you give me your thoughts? Thank you in advance for your assistance. Sharon Lea Adinolfi Kodiak island Borough Engineering /Facilities Department Bond Projects Office 07 486 9349 Fax = 907 486 9394 adinolfi @kib.co.kodiak.ak.us < mailto :sadinolfi @kib.co.kodiak.ak.us> «Leaves Bkgrd.jpg» Sharon Lea Adinolfi From: Jim Bagley Dim @akind.com] Sent: Friday, May 19, 2006 3:03 PM To: Sharon Lea Adinolfi Attachments: Advance Triple Layer Warranty.doc; Advance 2 layer warranty.doc; Everlay Warranty.doc Sharon, Sorry for the delay. Had to run into Anchorage to take care of on site questions. Have attached the warranty for both Advance and Everlay. You have the triple layer Advance but included both. You will note there are NO exclusions on the warranty. Typical exclusion for most synthetic gym floors would be roller skating. This warranty is typically supplied job specific after the installation (hence the SAMPLE stamped across it). The Mondo flooring in Skagway has been down for 6 -8 years now and they roller skate /roller blade on it on a daily basis. If the Council feels the need, Mondo will specifically write that roller skating is allowed but the warranty is pretty clear already. The 12 lb limitation is fairly standard in the free floating industry. However, I know the Mondo Advance / Everlay T combination will work at significantly higher moisture transmission rates. Campbell Elementary in Anchorage has been down for 15 -18 years. Totally loose -laid. Several times each year, you can roll back the Southwest corner and there is enough water under it to literally 4 ■ splash in. Other than a strange smell, there are no ill effects. Standing water means over 16 lbs. Anybody that claims higher moisture transmission rates than 12 lbs, ask them for an installation over known water (any level above 8 Ibs) that has been down for more than 10 years so you can verify the claim. I can give you several. Campbell Elementary, Huffman Elementary and Hanshew MS all in Anchorage and all are performing faultlessly. Then ask them if they have that same floor installed in an area that allows roller skating or roller blading every day for at least five years. You would like to see what it looks like. JUST got a request from Aniak to have their gym floor gamelines repainted. Don't know why as from the pictures, they still look fine. This is a Mondo floor installed in 1981 or 1982. Two years ago, Chris Raugh with Alaska Gateway School called to say their Mondo floor (installed 1980) was damaged by the earthquake up there and they needed a new one. When asked what he wanted ?? Mondo, of course. Except for the damagte, it looks like the day it was installed. And while you're at it, we want Mc in Northway too. Are there more durable gym floors out there? YES and we have installed them. However they are 50 -70% more. Since I deal and install with every single type of synthetic and wood floors, I have no axe to grind. I have been installing every single type of athletic flooring there is on the marketplace since 1979. There is NOTHING in this price range available by any manufacturer anywhere in the world that will wear alongside this product. Jim Bagley Alaskan Industries, Inc. Ph 907 -376 -2485 Fx 907 - 373 -6986 www.akind.com 5/19/2006 Page 1 of 1 Ken or Sharon, Page 1 of 2 From: Jim Bagley [jim @akind.com] Sent: Monday, May 01, 2006 6:02 PM To: Sharon Lea Adinolfi; Ken Smith Cc: ScottWeber Alaskanlndustries Subject: gym floors and mercury Ken or Sharon, Scott told me of your conversation. While I don't understand your need to remove the existing, I will remind you of another option I mentioned earlier. You might cut a section out and get it tested for mercury. It is my understanding that when Robbins first had the Chemturf tested it just BARELY didn't pass the TCLP test. I believe the test is quick (probably not quick enough for your bid) and cheap ($200.00 ? ?). If it passes the test, it can be disposed of in your landfill. Then you will be at the $8- 10,000.00 I had given you for budgetary a month ago. We have installed over 120 of the Robbins Chemturf solid urethane floors over a 20 year time period. When yours was installed, this product was extremely popular due to it's low initial cost. I am sure that was why Architects Alaska specified a solid pour urethane. If you do elect to have it totally removed, it will be the first one we have ever removed. We have overpoured with more urethane, we have installed rubber, we have installed wood and we are about to loose lay a sandwich system over an existing urethane floor in Kenny Lake this summer but we have NEVER removed one. This is why it has been a non -issue with us for so long. There are no health issues by leaving it and you will gain just a bit in shock absorbency if you do leave it. If the increased thickness at the doorways is a problem, direct us to remove two to four feet in front of each door and ramp the new gym floor down to it. We have already verified with Mondo there is no problem with loose laying their product over an existing urethane floor. With your ground water problem, you are almost stuck with a loose laid system of one sort or another. There are other remedies but they are spendy. The Mondo system you have chosen has the longest, most successful record of any loose laid system I am aware of and it's tough. 1 see no reason not to install over the top of the existing nor does Mondo. While the numbers are changing, I am sure that, right now there are more sq feet of athletic flooring with mercury installed in Alaska than all the other types combined. I sent you one of the more complete studies on mercury in floors I have seen to date done in one of the most "green" States in the Union testing OLD (read LOTS of mercury) solid pour urethanes. Even in those parameters, they found no ill effects from the mercury. While normally I recommend, if feasible, removing existing flooring to get back down to the concrete in this instance I'm not sure the benefits outweigh even the costs. Then, there is the concrete involved. As I recall, there were some severe problems with that slab above and beyond the water problems and I'm not really sure that going back down to that slab would be in anyone's best interests. I know the initial installation was postponed both due to moisture issues as well as the slab itself. Job records show that Brechan first used a gypsum based patch to fill saw cuts and then a cementitious type. They also showed that Brechan had to remove all of the patch as it was failing in the saw cuts. I'm not sure but what urethane wasn't used to level the slab before the pour. Been too long and job notes are not accurate enough. You might be better served to leave in place. Let us know what you decide. As always, please feel free to call. I can give you far more information over the phone than I can type up. Jim Bagley Alaskan Industries, Inc. file: / /CXDocuments and Settings \Adinolfi \Local Settings \Temporary Internet Files \OLKD5... 5/3/2006 Mondo America - Frequently Asked Questions Page 1 of 4 FREQUENTLY ASKED QUESTIONS I. What is Mondo's acceptable level of humidity in concrete to allow installation? Moisture vapor emissions must not exceed maximum allowable tolerances of the adhesive being used; tested in accordance with STM F 1869 (Calcium Chloride Test). Please note that this test method stipulates the placement of three (3) tests for the first 1,000 sq. ft. and one (1) test for every additional 1,000 sq. ft. or fraction thereof. If testing results are above 3Ibs /1,000 sq. ft./24 hours, please communicate with Mondo's Technical Department. 2. How can we attempt to bring moisture levels down? You can try to accelerate the drying process of the concrete slab with proper ventilation, heat and dehumidifiers. Shot blasting can also accelerate the drying process when the slab has a sleek or shiny surface. 3. What is the difference between the curing time and the drying time of the slab? Curing time and drying time are two different things. Curing time is the 28 day period needed for the concrete slab to complete most of its chemical reaction. The drying time is the period of time needed to bring down the moisture vapor emissions to 3Ibs /1,000 sq. ft./24 hours. This period of time will differ with every slab depending on many different factors such as cement/water ratio, ambient relative humidity, room temperature, etc. 4. What are your recommendations for using Everlay? Everlay is and underlayment for loose -laid installations only. It can withstand moisture vapor emissions up to 12Ibs. /1,000 sq. ft./24 hours. The Everlay should be cut, leaving a minimum of 1 inch (2.5cm) around all columns, walls, etc. in order to allow air circulation. It can be glued down up to 15% (PU 100 is the only suitable adhesive for installing over Everlay). Wherever there will be a head seam in the sport flooring surface, the Everlay must be glued down (12 inches) to the subfloor to prevent peaking. It is also recommend to glue down the material in heavy traffic areas such as doorways. Vented cove base MUST be used with the Everlay system. Mondo Everlav cannot be used in conjunction with any of the Mondo commercial flooring products or the Mondo Sport Impact flooring and it is intended for indoor use only. 5. Can I install a Mondo product over existing VCT flooring? Mondo will not allow an installation of its products over rotovinyls, cushion -back flooring, VCT /VAT, linoleum, ceramic tiles, stone, poured urethanes or dimensionally unstable supporting surfaces. 6. What does Mondo recommend for floor flatness /levelness? Subfloors must be smooth and level within a tolerance of 1/8" (3mm) in a 10' (3.05m) radius. Mondo does not recognize the F numbers (FF =Floor Flatness, FL =Floor Levelness). 7. What products do you recommend for feathering a subfloor? We recommend Ardex and Mapei but any good quality Portland cement base feathering compound is acceptable. 8. Can we use concrete sealers and /or curing compounds? No. Using these products will adversely affect the adhesive bond. Back to top Back to too Back to too http:// www. mondousa .com /english/sections/html /faq.htm 5/16/2006 Mondo Product Trowel Spread Rate* Commercial (Punti, Harmoni, Terranova and Bollo Extra) 1/32" x 1/16" x 1/32 ", U notch 370 sq. ft Sport, Smooth Backing (Sport Impact, Ramflex, Speckleflex and 2 -layer Advance) 1/16" x 1/16" x 3/32 ", U notch 250 sq. ft Sport, Waffle Backing ( Sportflex, Super X and 3 -layer Advance) 1/8" x 1/8" x 1/8 ", V notch 180 sq. ft. Sport, Large Waffle (12mm & 14mm Super X) 3/16" x 1/8" x 1/8 ", V notch 108 sq. ft. Product Side /Long Seams (Brick Height) Head /End Seams (Brick Height) Sport Impact 3 bricks 8 bricks Ramflex 1 brick 6 bricks Speckleflex 1 brick 6 bricks Advance (2- layer) 2 bricks 4 bricks Advance (3- layer) 2 bricks 5 bricks Sportflex* 1 brick 3 bricks Super X* 1 brick 3 bricks Mondo America - Frequently Asked Questions Page 2 of 4 9. Can we use another kind of adhesive other than a Mondo approved or recommended adhesive? Mondo will not guarantee the adhesion of its products when a non - approved or non - recommended adhesive is used. It is up to the adhesive manufacturer to guarantee a proper bond. 10. What is the trowel size to use with your products and what is the coverage of your adhesive? *Minimum adhesive spread rate per unit (lunit = 2 US gallons) 11. What can I use to remove adhesive smudges? Smudges should be cleaned up while the adhesive is still wet. Removing dry adhesive will be extremely difficult. To remove acrylic adhesives use a cloth damped in water. For two -part polyurethanes or epoxies use denatured alcohol. 12. Should we do a bond test with material samples prior to the installation? Yes. Adhesion tests will give you an indication of the bond to the subfloor and if you can go ahead and install the flooring or not. 13. How long does it take PU 100 to set? The setting time of the adhesive will depend mainly on the temperature of the substrate and the floor covering. The initial setting time is twelve (12) hours at 20oC or 70oF. Do not walk over a newly laid installation before 24 hours; for heavy or rolling loads, do not use before 72 hours. 14. Can we use weights other than concrete utility bricks to install the sport flooring? Concrete utility bricks (2 "x4 "x8 ") are the only suitable weights. Completely cover the seams for a minimal period of 24 hours. Resort to chart for correct number of bricks to use: *You may discover horizontal creases when unrolling Sportflex and Super X. Those lines will have to be weighed down using 1 brick in height. Contrary to regular brick dispersion, the line running horizontally will have to be covered with the bricks laying vertically since the marking will be about 4 inches wide. The numbers listed in the chart are standard recommendations. It may be essential to modify the quantities adding more bricks if the material displays curling or peaking. The material must lay flat in the adhesive. Back to to Back to top http:// www. mondousa .com /english/sections/html /faq.htm 5/16/2006 Mondo America - Frequently Asked Questions Page 3 of 4 15. We did not use the bricks to weigh the seams down. Now some of them are peaking. Is there an easy way to fix them? No. It will be very difficult to fix. Please communicate with the Technical Department. 16. Can we use duct tape instead of masking tape to close the seams? No. The duct tape adhesive will chemically react with the rubber and traces will remain visible after removing the tape. 17. Do we need to trim the seams on the sheet goods? Yes. The factory edges of the material will have to be trimmed for seaming. Communicate with the Technical Department for additional details. 18. Are your Mondosteps totally slip proof? No. Our Mondosteps have good slip resistance but it is impossible to be slip proof. For example, a wet surface can significantly reduce the coefficient of friction. 19. What is the recommended adhesive for Mondostep? Good quality contact cement is required. No. There is no seam sealer for rubber flooring and none is needed except for certain commercial applications like in healthcare where the seams will need to be heat welded for sanitary reasons. 22. Should we roll the material when we are installing? Yes. All of our products should be rolled when installing to ensure proper adhesive transfer to the back of the material and to avoid any entrapped air bubbles. 23. What steel roller should we use? You must use a minimum 100Ibs. steel roller. 24. Does Mondo use any recycled products in its floor covering? Yes but it is our own post - industrial recycled rubber coming from the waste on the production lines. 25. Is your rubber flooring VOC compliant? We are proud to say that all of our products are VOC compliant. Back to top Back to top 20. We will be installing your Harmoni (commercial product) and would like to know if it can be coved? Yes. All of our commercial sheet goods products can be coved and heat welded. 21. Do I need to seal the seams? Back to too Back to top http:// www. mondousa .com /english/sections/html /faq.htm 5/16/2006 Mondo America - Frequently Asked Questions Page 4 of 4 26. Do your products have any asbestos? No. All of our products are asbestos free. 27. What type of maintenance is needed on your products? Maintenance information can be found on the Web site under the tab "Our Products" followed by "Technical Information ". Scroll down the Technical Information page and you will find maintenance information. You can also communicate with the Technical Department for any maintenance literature. 28. Our gym floor was installed ten years ago. It is now very shiny and slippery, what can we do? In most cases it is because the recommended maintenance products or procedures were not used or followed. Call the Technical Department for more information. 29. Does Mondo give installation training seminars for their products? Yes. Training on a jobsite can be scheduled. Fees are attached to these requests. Back to top Back http:// www. mondousa .com /english/sections/html /faq.htm 5/16/2006 \�- - - 1 'fry n ,S l - .0 -,OZ . 0-,OZ - -- „Zl „Zl LZl O1- Z 8 o w W Q ©_ i P1MUFh SJ 1 OMU7.,',9R1'6/9R£6 iz ilk \�- - - 1 'fry n ,S l - .0 -,OZ . 0-,OZ - -- „Zl „Zl LZl O1- Z 8 o w W Q ©_ i P1MUFh SJ 1 OMU7.,',9R1'6/9R£6 THIS AGREEMENT, made this day of , A.D., 2006, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Alaskan Industries, Inc., Wasilla, Alaska, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all labor and materials required in the Gym Floor North Star Elementary Project located within Kodiak Island Borough, Alaska, according to the Contract Documents therefore and for the amount and prices named herein for the sum of One Hundred Twenty -Nine Thousand Four Hundred and no /100 ($129,400.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew, to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. The Agreement entered into by the acceptance of the Contractor's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached including the General Specifications. 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings 7. General Conditions OWNER - GENERAL CONTRACTOR AGREEMENT 8. Standard Specifications Incorporated by reference 9. Information for Bidders 10. Advertisement for Bids 11. Bid Form 12. Performance and Payment Bond 13. Notice of Intent to Award 14. Notice to Proceed \ \dove\Departments \EF\Capital Projects \Bond Issue \Projects \Floor Covering Replacement \Contracts\Agreement.doc Page 1 of 5 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before 15 August 2006. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this Agreement. \ \dove \Departments \EF \Capital Projects \Bond Issue \Projects \Floor Covering Replacement \Contracts\Agreement.doc Page 2 of 5 IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Alaskan Industries, Inc., has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Manager Title: By Charles E. Cassidy Engineering/Facilities Director Attest: By Borough Clerk \ \dove \Departments \EF\Capital Projects \Bond Issue \Projects \Floor Covering Replacement \Contracts\Agreement.doc Page 3 of 5 GENERAL SPECIFICATIONS The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Contractor shall not commence work under the Agreement until he has obtained all the insurance required by these General Specifications and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Workers' Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance policies will be furnished to the Owner prior to execution of the Agreement. a) Compensation: The Contractor shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of subcontracted work, the Contractor shall provide workers' compensation insurance for all the subcontractors' employees engaged in such work. b) Contractor's Liability: The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. Subcontractors' Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of his subcontractors in type and amounts as specified in a) and b) above. The Contractor shall furnish certificates issued to the contracting agency showing the type, amount, class of operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: \ \dove \Departments \EF\Capital Projects\Bond Issue \Projects \Floor Covering Replacement \Contracts\Agreement.doc Page 4 of 5 "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and/or Material Changes shall be sent to Director, Engineering/Facilities Department, Kodiak Island Borough." Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \ \dove \Departments \EF\Capital Projects \Bond Issue \Projects \Floor Covering Replacement \Contracts\Agreement.doc Page 5 of 5 Regular Meeting of June 1, 2006 Kodiak High School Asbestos Abatement and Floor Covering Replacement. Kodiak Island Borough Code 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for removal and disposal of asbestos and replacement of floor coverings at the Kodiak High School. This is a 70% funded Bond Project. There were four bids received for this Project. Contractor Kodiak Island Borough AGENDA STATEMENT Base Bid Fax Change Total Bid Commercial Contractors, Inc. $179,900 $13,100 $193,000 Central Environmental $257,492 - $36,500 $220,992 Cy's Management Services $229,522 $229,522 Brechan Enterprises $254,775 $254,775 Commercial Contractors, Inc. furnished the lowest bid at $193,000. This firm is experienced, having accomplished close to 9,500 commercial flooring projects across the State of Alaska. Properly certified abatement personnel will be used to remove and dispose of the asbestos material, expert flooring installers will be on the job to replace the effected areas with either vinyl or carpet tiles and warranties for materials to be used have been received. A sketch of the effected areas is included in the information packet. Item No. 13.A.2 Contract No. FY2006 -44 The Borough Engineering and Facilities Department recommends awarding a construction contract to Commercial Contractors, Inc. FISCAL NOTES ACCOUNT NO. 420 515 452 150 05010 6 [0] N/A Expenditure $193,000 Amount Required $ Budgeted $304,704 APPROVAL FOR AGENDA: Manager a cl,[7.4, RECOMMENDED MOTION: Move to award Contract No. FY2006 -44 to Commercial Contractors, Inc. of Anchorage, Alaska in an amount not to exceed $193,000. ra „ ,„ r�� OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2006- THIS AGREEMENT, made this day of , A.D., 2006, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Commercial Contractors, Inc. of Anchorage, Alaska, a Corporation, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNES SETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish, remove, and dispose and otherwise perform all the work and labor required in the removal of carpet, cove base, floor tile and mastic at the Kodiak High School located in the Kodiak Island Borough, Kodiak, Alaska, for the sum of One Hundred Ninety Three Thousand and no /100 ($193,000.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection at all time and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulation of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew, to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. The Agreement entered into by the acceptance of the Contractor's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached including the General Specifications. 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 8. Standard Specifications Incorporated by reference 9. Information for Bidders 10. Advertisement for Bids 11. Bid Form \ \dove\Departments\EF\Capital Projects\Bond Issue\Projects\KHS Asbestos Floor Removal\ Contracts \AGREEMENT.doc Page 1 of 5 5. Specifications 12. Performance and Payment Bond 6. Contract Drawings 13. Notice of Intent to Award 7. General Conditions 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before 15 August 2006. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract, and in all respects to complete said Contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. The bonds given by the Contractor in the sum of 50% Payment Bond and 50% Performance Bond to secure the proper compliance with the terms and provisions of this Contract, and the plans and specifications, are hereto attached and made part thereof. \ \dove\Departments\EF\Capital Projects\Bond Issue\Projects\KHS Asbestos Floor Removal \Contracts\AGREEMENT.doc Page 2 of 5 IN WITNESS WHEREOF, The Kodiak Island Borough Manager by authority in him vested, has executed this Contract on behalf of the Kodiak Island Borough, and the said Commercial Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Charles E. Cassidy, Jr. Engineering/Facilities Director Attest: By Borough Clerk \ \dove\Departments \EF \Capital Projects\Bond Issue\Projects\KHS Asbestos Floor Removal \Contracts\AGREEMENT.doc Page 3 of 5 GENERAL SPECIFICATIONS The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Contractor shall not commence work under the Agreement until he has obtained all the insurance required by these General Specifications and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Workers' Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance policies will be furnished to the Owner prior to execution of the Agreement. a) Compensation: The Contractor shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of subcontracted work, the Contractor shall provide workers' compensation insurance for all the subcontractors' employees engaged in such work. b) Contractor's Liability: The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. Subcontractors' Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of his subcontractors in type and amounts as specified in a) and b) above. The Contractor shall famish certificates issued to the contracting agency showing the type, amount, class of operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: \ \dove\Departments\EF \Capital Projects\Bond Issue \Projects\KHS Asbestos Floor Removal \Contracts\AGREEMENT.doc Page 4 of 5 "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and/or Material Changes shall be sent to Director, Engineering/Facilities Department, Kodiak Island Borough." Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \ \dove\Departments\EF \Capital Projects\Bond Issue \ Projects \KHS Asbestos Floor Removal \ Contracts\AGREEMENT.doc Page 5 of 5 Leaves Page 1 of 2 Sharon Lea Adinolfi From: Mike Fall [fallguy @unitcompany.com] Sent: Friday, May 19, 2006 5:21 PM To: Sharon Lea Adinolfi Subject: RE: Reference for Commercial Contractors, Inc. Sharon: Commercial Contractors is in our opinion one of the best commercial flooring installers in the state of Alaska. They have significant resources and knowledge in the flooring industry and have some of the best installers also. In addition they have the resources to tackle the largest jobs in the state including glass and glazing projects. I would without a doubt recommend them for any flooring project in the state. Michael J. Fall Vice President UNIT COMPANY 620 East Whitney Road Anchorage, Alaska 99501 907.349.6666 * 907.522.3464 f From: Sharon Lea Adinolfi [mailto:sadinolfi @kib.co.kodiak.ak.us] Sent: Friday, May 19, 2006 3:58 PM To: fallguy @unitcompany.com Subject: Reference for Commercial Contractors, Inc. Good Afternoon: The Kodiak Island Borough has recently put out an RFQ for some asbestos removal and new flooring - both vinyl and carpeting - for our high school. Commercial Contractors, Inc. is our selected contractor - I see that they did the Soldotna Safeway for you - would you be so kind as to send me a brief account of how you found working with them? I would appreciate your information and...I like your email address. Thanks in advance. Slunon J ac4.4 KODIAK ISLAND BOROUGH ENGINEERING /FACILITIES DEPARF\IENT BONE) PROJECTS OFFICE 907 486 9349 FAX = 907 486 9394 SAD I N OLFI @KIB.CO. KODIAKAK.US S/7 Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.C.1 Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission. The purpose of the request is to rezone U.S. Survey 3098 from B- Business to RR1 -Rural Residential One. The Planning and Zoning Commission, in accordance with KIBC 17.72.030B (Manner of Initiation), initiated a rezone of Tract 0, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One, to allow for residential development of the lot. The Commission held a public hearing on this request at their May 17, 2006 regular meeting. The Commission found that this rezone request is appropriate and necessary and they recommend that the Assembly approve the rezone. Findings in support of the rezone are included in the attached ordinance. Information considered by the Commission in making their decision is also attached. Fiscal Notes: Account No. APPROVAL FOR AGENDA: ‘‘..jj r Recommended motion: Move to adopt Ordinance No. FY2006 -12 in first reading to advance to public hearing on June 15, 2006. Sections: Chapter 17.72 AMENDMENTS AND CHANGES 17.72.010 Authority. 17.72.020 Report from planning and zoning commission. 17.72.030 Manner of initiation. 17.72.040 Hearing on boundary change. 17.72.050 Boundary change may include additional property. 17.72.055 Submission to assembly. 17.72.060 Hearing determination. 17.72.070 Hearing -- Required -- Notice. 17.72.080 Repealed 17.72.010 -- 17.72.040 17.72.010 Authority.. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, moth repeal or other- wise change these regulations and the boundaries of the districts. (Ord. 83 -58-0 §ltpart), 1983). 17.72.020 Report from planning and zoning commission. The commission shall report. in writing to the assembly on any proposed change or amendment regardless of the manner m which such change is initiated and such report shall - find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and 83-58- 0 § (mme nda s as to the approval or disapproval of the change or amendment. (Ord. 17.72.030 Manner of initiation Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; wc� '! B. The commission upon its own motion; and By petition of one (1) or more owners of ropers within an area proposed to be rezoned. ;Dal (3 be filed in shall c fdevveelopment deo be accompanied b the required fee and shall data and information as may be necessary uo assure the fullest practicablep resentation of facts and shall set forth reasons and justification for proposing such change. (Ord. S3 -58 -0 § 1(part), 1983). 17.72.040 Hearing on,boundary change. The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given m the manner 17 -112 (MB 03/06) Supp. #45 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING TRACT 0, US.S. SURVEY 2539, RUSSIAN CREEK ALASKA SUBDIVISION FROM B- BUSINESS TO RR1 -RURAL RESIDENTIAL ONE (1059 PANAMAROFF CREED DRIVE) WHEREAS, the petitioner for this rezone has indicated a desire to develop on the subject parcel; and WHEREAS, the Planning & Zoning Commission held a public hearing on May 17, 2006 for this case; and WHEREAS, the Commission recommends that the Assembly rezone Tract 0, Russian Creek Alaska Subdivision from B- Business Zoning District to RR1 -Rural Residential One Zoning District; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -12 Introduced by: Manager Gifford Requested by:Planning & Zoning Commission Drafted by Community Development Introduced: 08/01/2006 Public Hearing: Adopted: This ordinance is not of general application and shall not be codified. Tract 0, Russian Creek Alaska Subdivision from B - Business Zoning District to RR- 1 Rural Residential One Zoning District. The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under - developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business area remaining to serve the community's needs. Kodiak Island Borough, Alaska Ordinance No. FY2006 -12 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2006 -12 Page 2of 2 Current Location P &ZCase #06 -014 KIB P & Z Commission A rezone, of Tract 0, Russian Creek AK Subd from B- Business to RR1 -Rural Residential One Feet 0 500,000 2,000 3,000 4,000 1 1 I I Legend I a parcels selection I I Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infonnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- Iodate. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 06 -014 KIB P & Z Commission A rezone, of Tract 0, Russian Creek AK Subd from B- Business to RR1 -Rural Residential One - Urban Area selection Business Conservation Industrial MIN Light Industrial Natural Use Public Use Single Family Residential Legend i, Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 0 500 1,000 I i 2,000 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System. Highways, Roads. Streets., Alaska D.O.T. Sept. 2002' Contour infonnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals. Scale is 1:63,360 Created in ArcGIS 9, NAD 27. State Plane 5 Parcel information is taken from selected fields in the current computerized properly records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Case Number Ord. Number Summary Date 213 -A 69 -30 -0 Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. January 18, 1970 324 74 -31 -0 Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. August 1, 1974 Z -80 -042 NA Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR- Rural Residential. (DENIED by the Planning and Zoning Commission) November 19, .1980 Z-81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. (DENIED by the Planning and Zoning Commission) February 18, 1981 82 -150 83 -21 -0 Rezone of portions of Womens Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 ZONING: B- Business Case 06- 014/Rezone Staff Report ALE MO R A N D U M__ Public Hearing Item VI-C DATE: April 25, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2006 Re ar Meeting CASE: 06 APPLICANT: KIB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIB Code Section 17.72.030.B. (Manner of initiation), of Tract 0, Russian Creek Alaska Subdivision from B- Business RR1 -Rural Residential One. LOCATION: Russian Creek Subdivision, Tract 0. Ten (10) public hearing notices were mailed on April 14, 2006. Date of site visit: 1. Relevant Zoning History: April 26, 2006 Page 1 of 8 P & Z: May 17, 2006 -83 -026 _ _. _- 83- 31-0 -_ _ _ - _ - Rezone of certain lands in Russian Creek Alaska Sub. From C- Conservation to RR1 -Rural Residential One. I M_ ay 5, 1983 _ / 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL- Public. Use Land. June 5, 1986 02 -010 NA Rezone of properties bordered by Panamarof Creek Drive, South Russian Creek Road and Cottonwood Circle in Russian Creek Alaska Subdivision, including Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and Tracts K, L, M, N, and 0, from B- Business to RNC Rural Neighborhood Commercial. Case was initiated by the KIB Planning and Zoning Commission. The case was WITHDRAWN by the Commission at the request of Womens Bay residents who had submitted comments about the case. Sept. 18, 2002 Public Hearing Item VI -C 9.34 acres 2. Lot Size: Tract 0, Russian Creek Alaska Sub. 3. Existing Land Use: Tract 0, Russian Creek Alaska Sub. 4. Surrounding Land Use and Zoning: North: Tract N1, Tract N4, RCAS Use: Commercial Zoning: B- Business South: Unsubdivided Portion of USS 2539 Use: Vacant Zoning: C- Conservation East: Unsubdivided Portion of USS 2539 Use: Vacant Zoning: C- Conservation West: Lots 25A -1, 25A -2, 26 -A, 26 -B, 26 -C, Block 2, RCAS Use: Residential Zoning: RRI -Rural Residential One 5. Comprehensive Plan: The 1982 Womens Bay Community Plan does not specifically address the location of conunercial areas other than to indicate generally that residential and commercial uses will be segregated and that the Russian Creek side of Case 06- 014/Rezone Staff Report SFR Page 2 of 8 P & Z: May 17, 2006 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: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; *B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the fonn of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. Public Hearing Item VI -C the Womens Bay Community will remain the designated commercial area. The 1982 Womens Bay Community Plan envisioned a much larger area than the existing Womens Bay Community. The plan projected an increase in total area from 1051 acres to 11,520 acres projected as part of an incorporated Womens Bay municipality. The total need for commercial zoned land was projected under this scenario to increase from 86.1 acres to 175 acres, or 1.5% of the total area, the balance of which was heavily weighted in favor of Conservation, Watershed and Residential Lands. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance . with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case 06- 014/Rezone Staff Report Page 3 of 8 P & Z: May 17, 2006 COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development Consistent: Public Hearing Item VI-C 1. Location In areas with poorly - draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Yes. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. The landowner has obtained a U.S. Army Corps of Engineers jurisdictional determination requiring that all designated wetlands and anadromous stream buffer areas will be preserved as part of future development. 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. This request does not involve development along the shoreline. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not Applicable. Development proposed in this case is not located in a known hazardous area. Case 06- 014/Rezone Staff Report Page 4 of 8 P & Z: May 17, 2006 5. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This request does not involve filling or draining of water bodies. COMMENTS This rezone was initiated by a motion of the Planning and Zoning Commission at the April 19, 2006 regular meeting. The rezone was initiated to address certain development concerns related to a subdivision of the land as presented in pending case S06 -014. In that subdivision case, the petitioner has submitted what appears to be a residential subdivision located in a B- Business zoning district. In addition to the concerns about additional residential development in the B- Business zone (there is already one single - family residence on the site) staff expressed concems about other commercial related concerns in case a future property owner did want to try and develop a business on one of the lots. These concems were particularly oriented towards the flag lots, which are not generally considered to be an appropriate form for commercial development due to the potential traffic generation on the flag stem drive and the need for onsite parking. In addition, all of the lots are constrained by designated wetland areas which substantially reduces the amount of area available for development and parking purposes. Staff believes that the relatively large size of Tract 0 was intended to compensate for the streams and wetlands that affect the property. With regard to development density, the B- Business zone presumes that properties will have access to municipal sewer and water, therefore, no minimum lot area or lot width is required. The petitioner has indicted total and net lot areas on the proposed preliminary plat to show that each lot will have more than 40,000 of upland area excluding the designated wetlands. This is necessary in part to meet the intent of ADEC requirements which require a 40,000 square foot minimum lot area in order to develop onsite well and septic systems in support of residential development. If the Tract is rezoned to RR1- Rural Residential One, it will be required to have a 40,000 square foot lot minimum size and presumably the Commission and Assembly will decide whether this area must exclude the wetland designated areas. In a number of prior land use cases in the area there has been a common perception presented that the large lot, low- density lifestyle of the Womens Bay Community was not consistent with the B- Business zoning. The B- Business zoning is intended primarily as an urban area zoning district. Most of the developed commercial lots in Russian Creek Subdivision have been developed with some form of residential uses, whether associated with a commercial use or not. Some of these developments are nonconforming, some are conforming and some are in violation of the zoning. Staff has long recommended a more comprehensive look at this area to reconcile these uses with the desires of the community and the needs of individual property owners. In 2002 a rezone case was initiated that would have considered a rezone of Tract 0 and many other Case 06- 014/Rezone Staff Report Public Hearing Item VI - C Page 5 of 8 P & Z: May 17, 2006 Public Hearing Item VI parcels in this block from B- Business to RNC -Rural Neig_llborhood Commercial. That case was postponed indefinitely at the request of the Womens Bay Community Council until sometime after the pending Womens Bay Community Plan revision is adopted. That process in still underway. For that reason the rezone will be reviewed in the context of the existing CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is generally consistent with the 1982 Womens Bay Community Plan. The plan did not provide a map, but it did provide acreages which were based on a vision of a much larger developed community area than is currently the case. Based on the description in the 1982 plan of the commercial area was to occupy about 175 acres out of a projected 11,520 acre total community area. This represented a 1.5% commercial area according to the 1982 plan. The total area of the Womens Bay Core Area is currently about 1051 acres and the business area is about 86 acres. This represents a commercial coverage of 8.2% as a function of the Womens Bay Core Area. A reduction of 9.34 acres would reduce the business area coverage in Womens Bay to 7.3% of the core area total. Given that residents of Womens Bay are reliant' on Kodiak businesses for a great deal of their goods and services, it is not clear how much business area is really required to serve the Womens Bay community. Staff's impression of the 1982 commercial plan designation is that the commercial area intended to primarily serve the residents of Womens Bay as well as the traveling public along Rezanof Drive West. Tract 0 is not currently serving any commercial purpose and at the end of the road is not likely to become a high traffic commercial location. Most of the commercial lots located in the immediate vicinity are used extensively for outdoor storage. In particular, there is a lot of fishing gear storage and storage of vehicles and equipment. Staff was surprised to see the number of storage buildings and warehouses in the area that had not been reviewed as a warehouse CUP. The reality is that the commercial area in Russian Creek Subdivision has become a mixed use area with no real pattern. The area features a combination of retail and service uses, along with residential, warehouse and outdoor storage use. Because Tract 0 is located at the end of a road and it is surrounded on three sides by borough owned land in the C- Conservation zone, it does not appear that the requested rezone would disrupt the remaining B- Business area in any appreciable manner. In addition the rezone will not create any nonconformity since there was no observable commercial use occurring on the property at the time of the site visit. ZONING/USE: The general commercial area is characterized as a mixed use. Because the area towards the "rear" of the block, particularly along Panamarof Creek Road is not a high traffic area as required for commercial purposes. Most of the lots in the immediate vicinity are used for outdoor storage of fishing gear, vehicle and equipment. Activities on these sites generally relate to working on items stored there such as fishing gear maintenance or vehicle and equipment repairs. Case 06- 0I4/Rezone Staff Report Page 6 of 8 P & Z: May 17, 2006 LAND SUITABILITY: Public Hearing Item VI -C The area is substantially affected by wetland conditions. Some areas may be filled through the process of future development (a preliminary plat is pending in related case S06 -014). In addition the petitioner has contacted the U.S. Amy Corps of Engineers and a jurisdictional determination has been made, subject a number of conditions under nation -wide permit. This information was also submitted with the subdivision application. Since the zoning request was initiated by the Planning and Zoning Commission, staff does not really have much any other information to base this rezone analysis on. Tract 0 is currently developed with a single - family dwelling and related accessory buildings. This confirms that the site is developable and suitable for some residential development. The ultimate density of the site for residential development should be left to the subdivision process where the above referenced physical data has been submitted for commission review. RECENT DEVELOPMENT TRENDS IN THE AREA: As previously indicated in staff comments above, there has been a distinct preference for residential development in the vicinity of the rezone area. Most of the residential developments are associated with some form of commercial use although most of these uses are of a low intensity nature, i.e. outdoor storage, vehicle and equipment repair, etc. There is also some multi- family residential located in the B- Business zoned area. Surrounding residential areas have been subdivided from the original pattern created by the State of Alaska when the subdivision was first developed. Most, if not all, of the residential lots in the area are developed with permitted single - family dwelling and related accessory buildings and uses. TRAFFIC IMPACTS: The types of uses allowed in the B- Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womens Bay Community. The rezoning of Tract 0 will theoretically reduce the traffic generation potential of the site. This comparison is a little misleading however because most of the existing commercial uses in the vicinity are low intensity uses which do not generate a lot of traffic at the present time. But that doesn't mean the uses could be upgraded in the future. Staff recommends that the Commission approve the rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. Case 06- 014/Rezone Staff Report RECOMMENDATION Page 7 of 8 P & Z: May 17, 2006 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. FINDINGS OF FACT Public Hearing Item VI-C APPROPRIATE MOTION Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B- Business 1Q RR1- Rural Residential One, and to adopt the "Findings of Fact" in the staff report dated April 25, 2006 in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under- developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of' rural residential use and there appears to be more than adequate B- Business area remaining to serve the community's needs. Case 06- 014/Rezone Staff Report Page 8 of 8 P & Z: May 17, 2006 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Jerrol Friend — Chair David King X Casey Janz X Gary Carver Dennis McMurry Brent Watkins X Gary Juenger X A quorum was established. APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARINGS May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 17, 2006 MINUTES Excused Absent Others Present X X X Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. C. Case 06 -014. Request a rezone, in accordance with KIBC 17.72.030 B (Manner of Initiation), of Tract 0, Russian Creek. Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned Staff reported (10) public, hearing notices were mailed on April 14, 2006. Ogle stated this is the Gondek property where there:was concerns that you will see in the next case, which is a subdivision. It is currently zoned B- Business. Staff has to take the review of the subdivision based on what it was zoned as of that day. It is the intent of the property owner and the applicant to have it rezoned for a residential zone. Because of the extenuating circumstances, the Commission made a motion to initiate a rezone to RR1. Staff done a review based on the nature of the property, its location, and mixed business use. Staffs recommends approval of this rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One, and to adopt the Findings of Fact in the staff report dated April 25, 2006 in support of this recommendation.. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch (agent) stated she can answer any questions they may have for her. P & Z Meeting Minutes Page 1 of 5 Public hearing closed: Regular session opened FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under- developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business .area remaining to serve the community's needs. The question was called, and it CARRIED 4 -0. OLD BUSINESS NEW BUSINESS COMMUNICATIONS REPORTS ADJOURNMENT ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: June 21, 2006 May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair P & Z Meeting Minutes Page 2 of 5 Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.C.2 Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) The purpose of this request is to rezone Lot 26, U.S. Survey 3098 from RR1 -Rural Residential One to B- Business. The property owner of U.S. Survey Lot F1 initiated this request, in accordance with KIBC Section 17.72.030C (Manner of Initiation) to allow for greater flexibility in the development of the lot. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2006 regular meeting. The Findings of Fact for this case was approved at their May 17, 2006 meeting. The Commission found this rezone request is appropriate and necessary, and they recommend that the Assembly approve the rezone. Findings in support of the rezone are included in the attached ordinance. Information considered by the Commission in making their decision is also attached. Fiscal Notes: Account No. APPROVAL FOR AGENDA: ,S4 Recommended motion: Move to adopt Ordinance No. FY2006 -13 in first reading to advance to public hearing on June 15, 2006. WHEREAS, and WHEREAS, case; and KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -13 Introduced by Manager Gifford Requested by Planning &Zoning Commission Drafted by Community Development Introduced: 06/01/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 26, U.S. SURVEY 3098 FROM RR1 -RURAL RESIDENTIAL ONE TO B- BUSINESS (2316 MILL BAY ROAD) the petitioner for this rezone has indicated a desire to develop on the subject parcel; the Planning & Zoning Commission held a public hearing on April 19, 2006 for this WHEREAS, the Commission finds that the rezone request to be generally consistent with the 1968 Kodiak Island Borough Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Assembly rezone U.S. Survey 3098 from RRi- Rural Residential One to B- Business; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: ATTEST: This ordinance is not of general application and shall not be codified. U.S. Survey 3098 is rezoned from RR1 -Rural Residential One to B- Business. The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Amendment. Findings as to the Need and Justification for a Change or 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This lot has no access to or from Bancroft as all the other residential lots in the area. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay road. Allowing this rezone will not have any adverse effects on the surrounding properties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2006-13 Page 1of 2 Current Location P & Z Case # 06 -010 William Bacus A request to rezone USS 3098 Lot 26B from RR1 to B- Business 1111111/ Legend parcels selection Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways. Roads, Streets., Alaska D.O.T. Sept. 2002 Contour iMOrmation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot Intervals, Scale is 1:63,360 Created in ArcGIS 9, HAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be mare up-to -date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 06 -010 William Bacus A request to Rezone USS 3098 Lot 26B from RR1 to B- Business Feet 0 100 200 300 400 500 111171 I I I I Legend Urban Area selection ❑ Two Family Residential Business MO Multi Family Residential Conservation Industrial ❑ Light Industrial • Natural Use Public Use Single Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads. Streets., Alaska D.O.T. Sept. 200. Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale Is 1:63,360 Created in ArcGIS 9, NAD 27, Slate Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -D Case 06 -010 SUPPLEMENTAL MEMORANDUM DATE: May 2, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2006 Regular Meeting CASE: 06 -010 APPLICANT: KIB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIBC 17.72.030 (C), of United States Survey 3098, Lot 26B from RR -1 Single Family Residential Zoning District to B - Business Zoning District. LOCATION: USS 3098 Lot 26B, 2316 Mill Bay Rd. ZONING: RR -1 Single Family Residential Nineteen (19) public hearing notices were mailed on February 8, 2006. COMMENTS This case was postponed at the March 15, 2006 Regular Meeting of the Planning & Zoning Commission in order to allow for the re advertisement of the request reflecting the proper current zoning of the subject parcel. At the April 19, 2006 Regular Meeting of the Planning and Zoning Commission the Commission voted to "Recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1- Single Family Residential to B- Business Zoning District." The adoption of Findings of Fact for Case 06 -010 were postponed until the May 17, 2006 Regular Meeting of the Planning and Zoning Commission. Per KIBC 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C . ".... Page 1 of 2 P & Z: May 17, 2006 Public Hearing Item VI -D RECOMMENDATION Staff recommends that the Commission formulate findings sufficient to comply with the requirements of KIBC 17.75.020 (A) & (B), and to adopt such findings as Findings of Fact for Case 06 -010. [2} [3] [4] [5] [6] Case 06 -010 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt the following ( ) findings as "Findings of Fact" for Case 06 -010. FINDINGS OF FACT (At the discretion of the Commission) [1] Page 2 of 2 P & Z: May 17, 2006 Public Hearing Item VI -B Adopted by Ordinance 72 -9 -0, effective July 1, 1972, the 1968 Comprehensive plan zoned this property U — Unclassified. Ordinance 80 -9 -0 rezoned the property to R R - Rural Residential Zoning District, and Ordinance 83 -15- 0 subsequently rezoned the property to RR -1 Rural Residential Zoning District. 2. Lot Size: United States Survey 3098 Lot 26B 11,700 square feet 3. Existing Land Use: Single Family Residence 4. Surrounding Land Use and Zoning: North: United States Survey 3469 — unsubdivided portion of Use: Municipal airport operations buffer Zoning: PL — Public Use South: United States Survey 3098 Lot 26C Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District East: United States Survey 3099 Lot 27A Use: Vacant (Uses accessory to Lot 27B) Zoning: B - Business Zoning District (Ordinance 77 -29 -0, October 6, 1977). STAFF REPORT DATE: April 4, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 19, 2006 Regular Meeting CASE: 06 -010 APPLICANT: KB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIBC 17.72.030 (C), of United States Survey 3098, Lot 26B, from RR -1 Single Family Residential Zoning District to B - Business Zoning District. LOCATION: USS 3098 Lot 26B, 2316 Mill Bay Rd. ZONING: RR -1 Single Family Residential Nineteen (19) public hearing notices were mailed on February 8, 2006. Date of site visit: Various 1. Zoning History: Case 06- 010 /Staff Report Page 1 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B West: United States Survey 3098 Lot 26A Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District (Ordinance 73 -2 -0, February 1, 1973). 5. Comprehensive Plan: The 1968 Comprehensive Plan identifies this area as Residential Unclassified. 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: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tide flats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. Case 06- 010 /Staff Report Page 2 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. 3. Dredge and Excavation Material' Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: NO. The proposed rezone area is located along Mill Bay Rd., a major arterial class road. The proposed zoning would result in development of a business area along this major public transportation route. There are screening and /or fencing requirements in the KIB zoning code that would require new development under commercial or industrial zoning to be screened, subject to a determination of the Planning and Zoning Commission. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. Case 06- 010 /Staff Report Page 3 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. COMMENTS This case was postponed at the March 15, 2006 Regular Meeting of the Planning & Zoning Commission in order to allow for the re advertisement of the request reflecting the proper current zoning of the subject parcel. In the intervening time period, staff has conducted further investigations related to the current zoning of similarly situated parcels in the immediate vicinity of this request. As a result of these investigation(s), and absent evidence to the contrary, staff remains confident that the correct zoning of the subject parcel is RR -1 Rural Residential Zoning. The application for rezone submitted by the petitioner fails to include "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 ". The language of KIBC 17.72.030 C is mandatory. The petitioner makes no claim of exigent circumstances. As submitted, the application appears to be a rezone request for the purpose of convenience. Spot zoning is defined in The Latest Illustrated Book of Development Definitions' as a "Rezoning of a lot or parcel to benefit an owner for a use that is incompatible with surrounding land and that does not further the comprehensive zoning plan." Additional explanatory commentary is provided to the effect that; "Spot zoning per se may not be illegal.....spot zoning is invalid only when all of the following factors are present: (1) A small parcel of land is singled out for special and privileged treatment, (2) the singling out is not to the public interest but only for the benefit of the land owner; and (3) the action is not in accord with a comprehensive plan." CONFORMANCE WITH THE COMPREHENSIVE PLAN: The comprehensive plan is intended to provide a consistent guide for planned community development and land use decisions over time. The 1968 Comprehensive Plan identifies this area as Residential Unclassified, and projected a land use of Public and Open Space in the year 2000. According to the 1968 Kodiak Island Borough Comprehensive Plan, the area requested for rezone is located within an area depicted as Public Use and Open Space, and designated for Hospital and School use by the year 2000. This concept has obviously fallen by the wayside, and the historical trend along the Mill Bay Corridor has been to rezone frontage parcels to the B - Business Zoning District. As a result, there are now only ten (10) privately owned frontage parcels between Birch Ave. and Benny Benson 1 The Latest Illustrated Book of Development Definitions Moskowitz and Lindbloom, Center For Urban Policy Research, 2004. Case 06- 010 /Staff Report Page 4 of 6 P & Z: April 19, 2006 Case 06- 010 /Staff Report Public Hearing Item VI -B Dr. which are not zoned for some level of commercial activity. Five of these parcels (including the subject) are located in the immediate vicinity of this rezone request. However, the subject parcel is not just a Mill Bay Road frontage parcel, it is part of a thirteen (13) lot residential enclave, which has been subdivided and developed as low - density residential. In this regard, continuing use as low density residential may be viewed as more conforming with the Comprehensive Plan than a rezone that would allow a much denser redevelopment of the parcel to occur. ZONING /USE: The scope of zoning review usually focuses on the lots requested for rezone. This request is for an individual parcel. The existing zoning, and land uses located within the vicinity of the rezone area, by necessity, must be confirmed in order to establish an accurate baseline starting point for the review. This enclave of residential development was originally three (3) large lots — United States Survey Lot 24, Lot 25, and Lot 26. Beginning in the early 1970's a number of subdivision requests were reviewed, rejected, and then approved by the Planning and Zoning Commission. Typically, these subdivision requests were submitted with contemporaneous requests for rezones. The confusion these "mixed bag" requests resulted in are evident in the historical case files. Small lot subdivisions were approved based upon contingencies, e.g., the area being annexed to the City, and public water and sewer availability, and then rezones. Ineffective over -sight and administrative controls appear to have resulted in the situation we face today — small (non- conforming) residential lots zoned RR -1 Rural Residential within the City limits. Central to the most recent confusion, i.e., incorrect zoning resulting in the postponement and re- advertising of this case, is an apparent administrative decision, made sometime in the undetermined past, that regardless of the true zoning of these parcels the effective development rights were typical of a R -1 Single Family Residential Zoning. This seems to be the cause of portraying these lots as R -1 Single Family Zoning on the Borough's Zoning Maps for a number of years. LAND SUITABILITY: The parcel is a rectangle with Mill Bay Rd frontage, and is served by City water and sewer utilities. A prominent bench bisects the parcel trending west to east resulting in a parcel with approximately the northern 1/3 of the parcel (Mill Bay frontage) at or about road grade and the remaining southern 2/3 of the parcel substantially below road grade. With suitable development, the land appears to be capable of serving as a retail / service business location. The parcel has a land area of 11,700 square feet, and because there is no minimum lot size in the requested B - Business Zoning District, the parcel meets the minimum required lot size. Currently, vehicular access to the parcel is across the adjoining parcel Lot 27A USS 3098. This access has not been shown to be legal. This access has undoubtedly been utilized for a number of years and (presumably) has adequately served the residential use. Whether this access or the lot can support the required on- site parking, including on -site turning and maneuvering, remains to be demonstrated. Page 5 of 6 P & Z: April 19, 2006 APPROPRIATE MOTION Public Hearing Item VI -B RECENT DEVELOPMENT TRENDS IN THE AREA: The recent and long term development trend in the area, based on staff review of relevant case files and from first hand observations in the area, appears to be that of a continuation of a commercial strip along the Mill Bay Road corridor. TRAFFIC IMPACTS: This movement towards a commercial strip pattern along the major arterial of Mill Bay Road has almost been institutionalized with the recent advent of a "Midtown Merchants" advertising program. The popularity of a Mill Bay Road location for smaller business enterprises may be understood as a derivative of the traffic count along this corridor. According to the most recently available DOT traffic counts, this corridor sustains the highest daily traffic movement within the City. Strip commercial development, such as the commercial development along the Mill Bay Road corridor, can result in too many driveway cuts and turning maneuvers to maintain the generally higher speed limits that are desirable on a major arterial. Arterials are meant to move large volumes of traffic quickly and this intent can be compromised if there is a curb cut every so many feet. Currently, the property is improved with a 384 square foot (Assessor's parcel number R1448000262) residence and is accessed through the property adjoining on the East. Presumably, the petitioner will convert this structure to business use. In order to do so, the property must be developed with the required onsite parking (a minimum of three (3) spaces) and will result in another driveway curb cut in an already tightly constrained portion of the Mill Bay Road corridor. RECOMMENDATION Staff recommends that the Commission find that this rezone request does not meet the standards for approval of a rezone under KIBC 17.72.030 — C. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B USS 3098 from RR1- Single Family Residential to B - Business Zoning District. Staff recommends that the preceding motion be FAILED and the following motion be made. Case 06- 010 /Staff Report Page 6 of 6 P & Z: April 19, 2006 Alternate Motion Public Hearing Item VI -B Move to adopt the Findings of Fact in the Supplemental Staff Report dated March 21, 2006 as "Findings of Fact" for Case 06 -010. FINDINGS OF FACT [1] KIBC 17.72.030 Manner of initiation, requires, among other items, that the request ... "shall set forth reasons and justification for proposing such change." [2} The petitioner has failed to provide for the written record "reasons and justification for proposing such change." As submitted, the application appears to be a rezone request for the purpose of convenience. [3] Case 06- 010 /Staff Report Page 7 of 6 P & Z: April 19, 2006 KODIAK ISLAND BO$OUGH - COMMUNITY DEVEISPMENT DEPARTMENT 710 Mill Bay Rd., RoW205, KODIAK, AK 99615 -6398 (907) 486 3 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Property owner's name 7/6 / JLSS'&n 1 o4Y) Prope owner's mailing address City State Zip ea- 67/9 «PA -IPPO Home phone Work Phone Agent's name (If applicable) Agent's mailing address City Home phone Applicant Information Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History V As -built Survey Photographs _ Maps _ Other 1 -0C Property Owner's Signature Date Authorized Agent's Signature Date 1 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) Code Section(s) Involved: 11- . 7 t 4i Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.0 0. Other (appearance reggq ts, site p ?( Zoning change from Application received by: Staff signature E -mail Addr. State Zip Work Phone E -mail Addr. STAFF USE ONLY Legal Description Current Zoning: Property Information R1 4g000 Property ID Number /s aamrc vn,u (3ay Qd L—rfe 24 Q, US5 ?)&R RI - s �2 Applicable Comprehensive Plan: /44 /43 Year of Plan adoption: / �- 2 Present Use of Property: 2es (dat - cr4 Proposed Use f Property: BUS /MSS re,, (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) 21 250A0?= ewi etc.)4150910 {(ClRQ }7 and 030.C)' PAYMENT VERIFICATION Zo.tl4r g,tr.hange, Fie' Sittedn 6 Assembly ;ft'. ,full- t. 2005) PAID Less ttm on 1 'i acres 5.3.50.677 i` -ti l 00`.mc rt, ' 5750.00 51P 4{ 01PSi!rtiK4 S1.000,00 0') 40.0Ficaks'drt•fn S1.500,0tt Oco -O t 0 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Jerrol Friend — Chair David King X Casey Janz X Gary Carver Dennis McMurry Brent Watkins X Gary Juenger X May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 17, 2006 MINUTES Excused Absent Others Present X Mary Ogle Director Community Development Dept. Sheila Smith, Secretary X Community Development Dept. X A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S FRIEND, CARVER, AND McMURRY. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 4 -0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 19` minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. PUBLIC HEARINGS F. Case 06 -010. Request a rezone, in accordance with KIBC 17.72.030, 17.72.030.C, 17.72, 17.18, and 17.21, of Lot 26B, U.S. Survey 3098, from RR1 -Rural Residential One to B- Business. The location is 2316 Mill Bay Road, U.S. Survey 3098, Lot 26B, and it is zoned RR1 -Rural Residential One. Staff reported this is continued from the last meeting and a motion has been made. COMMISSIONER FRIEND has submitted (3) Findings of Fact to be adopted if you so choose. COMMISSIONER JANZ MOVED TO ADOPT the Findings of Fact for Case 06 -010, which reads: 1. This lot has no access to or from Bancroft as all the other residential lots in the area. 2. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay Road. 3. Allowing this rezone will not have any adverse effects on the surrounding properties. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 -0 P & Z Meeting Minutes Page 3 of 5 OLD BUSINESS NEW BUSINESS COMMUNICATIONS REPORTS ADJOURNMENT ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: June 21, 2006 May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair P & Z Meeting Minutes Page 4 of 5 I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on April 19, 2006 in the Borough Assembly Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 19, 2006 MINUTES Commissioners Present Present Excused Absent Others Present Jerrol Friend — Chair X Mary Ogle, Director David King X Community Development Dept. Casey Janz X Gary Carver X Dennis McMurry X Brent Watkins X Gary Juenger X A quorum was established. III APPROVAL OF AGENDA 1V. APPROVAL OF MINUTES IV. AUDIENCE COMMENTS AND APPEARANCE REQUESTS V. PUBLIC HEARINGS B) Case 06 -010. Request for a rezone, in accordance with KIBC 17.72.030, 17.72.030C, 17.72, 17.18, and 17.21, of Lot 26B U.S. Survey 3098, from RR1 -Rural Residential One to B- Business. Location is 2316 Mill Bay Rd, U.S. Survey 3098, Lot 26B and is zoned RR1 -Rural Residential One. Staff stated that at the last meeting there was question as to the existing zoning. Staff has spent a significant amount of time researching past zoning ordinances over the past several decades and zoning maps They have deemed, based on legal documentation, that the property is truly zoned RR1. When they have an incidence like this, legal precedence goes to ordinances that are approved at Assembly level that changes zoning. Sometimes there's a conflict between zoning maps and zoning ordinances so legal precedence goes to the ordinances. Staff re- advertised and re -ran the legal ad and now it is before the commission. Based on the Comprehensive Plan for the area staff is recommending the Commission finds this rezone request does not meet the standards for approval under KIBC 17.72.030 C and should the Commission agree move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1 to B- Business. April 19, 2006 P & Z Meeting Minutes COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1- Single Family Residential to B- Business Zoning District. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: William Bacus stated the last time he was there everyone wanted to know what he was going to do with the lot, so he said he wants to sell it. He thinks it is a good opportunity to rezone it to Business. Bacus also said all of Mill Bay Road will be Business zoned in the near future. Ken Damm said he works for Associated Island Brokers and he is representing William Bacus on helping him to sell the property. Bacus does have a buyer if it can be rezoned as Business. He doesn't know what the person plans on doing with the property, but he strongly recommends rezoning it to Business. .He was told Mrs. Hall went in to ask for her property be rezoned to Business and was told she didn't have to worry about it because it was probably going to happen anyway and was sent away. Someone should call her to see if that is true because if she does want to rezone it would have helped our case to have her with us, and not sent away. Please vote to rezone this property. COMMISSIONER JUENGER said there is a question about the access. It looks like you go in the school parking lot to get to the back, presumably through the lot itself to get to the back. Ken Damm said Bill is a dirt contractor and he can put a road along side the building The church has a metal building stored on the backside of the Bacus lot and it has been jointly used by the church and Bacus. The church has also been looking to buy the property. Public hearing closed: Regular session opened: The Commission discussed different aspects of the case. The question was called on the main motion, and CARRIED 6 -0. COMMISSIONER CARVER MOVED TO POSTPONE Findings of Fact until the May 17` regular meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. VI. OLD BUSINESS VIII. NEW BUSINESS IX. COMMUNICATIONS X. REPORTS XL AUDIENCE COMMENTS XII. COMMISSIONER COMMENTS VI. ADJOURNMENT April 19, 2006 P & Z Meeting Minutes ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: May 17, 2006 April 19, 2006 P & Z Meeting Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.C.3 Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities The Borough has had various vendors and contractors who have not paid tax levied by the Borough, special assessments levied by the Borough, charges for utility or municipal waste services, and other Borough fees The Borough wishes to require every person, corporation, or other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the borough. Untimely payment or non - payment of taxes, special assessments, utility services, municipal waste services, or other Borough fees can adversely effect every taxpayer and the Borough By adding this ordinance to the code the assembly will promote a fair and efficient resolution of such delinquencies for all parties. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount Recommended motion: Move to adopt Ordinance No. FY2006 -14 in first reading to advance to public hearing on June 15, 2006. Sections: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -14 Chapter 3.16 3.16.010 Contract, purchase, sale, and transfer procedures. 3.16.020 Limitation on manager's authority. 3.16.030 Open market procedures. 3.16.040 Advertising for bids. 3.16.050 Processing of bids. 3.16.060 Local preference. 3.16.070 Exceptions to bidding requirements. 3.16.080 Lowest responsible bidder. 3.16.090 Requirements mandatory. 3.16.100 Change orders -- Manager authority. Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Department Introduced: 06/01/2006 Public Hearing: Adopted: AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES BY ADDING SECTION 3.16.115 DELINQUENCY TO ALLOW THE BOROUGH TO OFFSET PAYMENTS TO DELINQUENT ENTITIES AND TO NOT ALLOW THE BOROUGH TO CONTRACT WITH THOSE ENTITIES WHEREAS, the Borough has had various vendors and contractors who have not paid taxes levied by the Borough, special assessments levied by the Borough, charges for utility or municipal waste services, and other Borough fees; and WHEREAS, the Borough wishes to require every person, corporation, or other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the Borough; and WHEREAS, untimely payment or non - payment of taxes, special assessments, utility services, municipal waste services, or other Borough fees can adversely effect every taxpayer and the Borough; and WHEREAS, the Borough attorney has advised management to add specific wording to the code to promote a fair and efficient resolution of such delinquencies; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures is hereby amended by adding add Section 3.16.115 Delinquency as follows: CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES Kodiak Island Borough, Alaska Ordinance No. FY2006 -14 Page 1 of 2 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals -- Negotiated procurement. 3.16.115 Delinquency. 3.16.115 Delinquency A. The borough shall not award a contract or purchase order to any person, corporation, or other business entity who is delinquent in paying (i) any tax levied by the borough; (ii) any special assessment levied by the borough; (iii) any charge for utility or municipal waste services; or (iv) any other borough fee due under the Code, unless the person, corporation, or other business entity cures the delinquency within thirty days after the mailing of written notice of the delinquency. In the case of a closely held business, this prohibition shall also apply to the delinquency of their legal principals or officers. For purposes of this section, a payment shall be considered "delinquent" when it is not made on or before the applicable deadline established by the Borough Code, or by written notice if the Code does not establish a deadline, or, if the Code does not establish a deadline and a deadline is not established in a written notice, within 60 days of the mailing of written notice that the payment is due. B. The borough may terminate any contract or purchase order if the person, corporation or other business entity and, in the case of a closely held business, their legal principals or officers, becomes delinquent in payment of any of the items listed in subsection (a) of this section, unless the delinquency is cured within thirty days after mailing of written notice as above. C. The borough may deduct from any amount otherwise due the person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers under any contract or purchase order an amount equal to the total of all such delinquent amounts that the contractor owes for (i) taxes levied by the borough; (ii) special assessments levied by the borough; (iii) charges for borough utility or municipal waste services; and (iv) other borough fees due under the Code. D. Nothing in this section shall prevent any person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers from paying under protest any tax, special assessment, utility or municipal waste charge, or other borough fee, or pursuing appropriate judicial or administrative action to contest or recover any such tax, assessment, charge or fee. F. For purposes of this section, the term "closely held business" shall mean a corporation, limited liability company or other business entity which has less than five unrelated (by blood or marriage) owners. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2006 -14 Page 2of 2 Regular Meeting of June 1, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.D.1 Confirmation of Borough Deputy Clerk. Per KIBC 2.21.030 Deputy clerk -- Appointment. There is established the position of deputy clerk in the legislative service. The clerk is authorized to appoint the deputy clerk who shall be confirmed by the assembly. Marylynn McFarland applied and was selected for the position of the Borough Deputy Clerk. APPROVAL FOR AGENDA: Recommended motion: Move to confirm Marylynn McFarland as Borough Deputy Clerk. Public Comments. None. Fire Protection District No. 1 Regular Meeting Minutes 27 December 2005 at 7:30pm Bayside Fire Hall I. Call to Order. Scott Arndt, Chair of Fire Protection Board, called the meeting to order at 7:50pm. VI. Assistant Chief's Report. None. VII. Fire Fighter Association Report. None. VIII. Old Business. on the foundation of the Burn building, those quotes were to be rejected due to the fact that Little Davis Bacon and the 1% administration fee for the amount of the unintentionally been overlooked when requesting and \ \Dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 27 Dec 05 jk.doc Page 1 of 5 Area #1 II. Roll Call. Present were, Scott Arndt, Cliff Davidson, Mike Dolph and Greg Spalinger. Also present: Bud Cassidy and Jessica Kepley, E/F Department. IV. Approval of Agenda. Chair asked for a motion to approve the amendment to the Agenda. Added to the Agenda was the approval of minutes for the meeting held November 15, 2005. C. Davidson so moved, G. Spalinger seconded the motion. V. Approval of Minutes. Minutes dated 15 November 2005 were questioned by C. Davidson. Discussion was held regarding the oversight of acknowledging M. Dolph's intention to amend the Agenda. Clarification was given and the Board decided to make corrections to the minutes. It was moved to amend the minutes of 15 November 2005. C. Davidson made the motion with G. Spalinger seconding. Motion was unanimously carried. C. Davidson requested that the official minutes stated that a question on the minutes was made. The question was unanimously carried. A. Training Center's Footings. The Chair reported that although the Board had received 3 quotes for the work to be done going Act Wages work had receiving the bids from the contractors. B. Cassidy and S. Arndt spoke with a DOL representative on Friday, 23 December 2005 and were notified of the requirement to pay LDBA Wages for those projects that are over $2,000.00. It was recommended by the Chair that instead of paying a contractor to do the footings, perhaps the Board would be willing to reward the Bayside volunteer firefighters and Board members with dinner certificates for their help with establishing the footings. This work would include the materials for the project to be purchased from various vendors in the local area. B. Cassidy stated that when S. Arndt had proposed the idea, the first concern was that the legal requirements were fulfilled and per the conversation with the DOL on Friday, it was told to him that LDBA wages did not need to be paid if they are employees of the Borough, however any outside drivers of the rigs could not get out of the trucks to help or do any of the work, otherwise these people would have to be paid LDBA wages. C. Davidson asked if this type of work was listed under the job description of the volunteers. He wanted it stated that the Board was in no way trying to short change the DOL or avoid paying the jurisdictional wages, this would be a legit hiring of the volunteers for the project and due compensation. The secondary issue with this proposed project was to ensure that insurance, specifically Worker's Compensation policies would be in effect for the volunteers and Board members that were working on the project. M. Dolph stated that there have been some cases that persons involved in a project were not covered during an accident because the project they were involved in did not the match the job description or covered instances at the centers. S. Arndt said that he believed that according to AML /JIA the project at Bayside Fire Department was a sanctioned project and would in fact be covered. B. Cassidy was asked to get clarification of the Worker's Compensation coverage and also to find out if there is a distinction between Board members being covered versus volunteer firefighters. Clarification was given to the Board by B. Cassidy that although the Board had recommended that Coastal Services be given the contract for the footings to be done on the foundation for the burn building, there was no definitive award to the contractor because the recommendation had not gone before the Assembly, nor been approved by them. There would be no legal ramifications for rejecting the submitted bid, due to the LDBA issue. He suggested \ \Dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 27 Dec 05 jk.doc Page 2 of 5 that a letter be written to Coastal Services explaining the actions of the Board. It was suggested by M. Dolph that the Board look at the calendar to pick a target date in which to complete the foundation project. G. Spalinger suggested that weather permitting they focus on completing the project by the end of January. C. Davidson moved to direct the Board to purchase materials for the footings of the Burn building and to get the project done with in house volunteers and Board members. G. Spalinger seconded the motion and the motion passed unanimously. The question was called; it carried with a 4 -0 vote. C. Davidson moved to direct the Board to issue dinner certificates to volunteers working on the burn building project, the amount not to exceed $100.00. M. Dolph seconded the motion. The question was called, and carried 4 -0. IX. Chair Report. The Chair reported that he would like to start collecting policies that were included in past minutes from prior meetings in order to specify standard operating procedures. It was mentioned that the Bayside Fire Department would be losing the AHA Training Center classification to become an AHA Training Site. M. Dolph stated that ASHI had programs for Alaskan departments, their materials were cheaper and the accreditation is recognized by both State and National standards. There will be updates and changes made to some of the programs but there is the option to make the transition from AHA to ASHI. X. New Business. A. Board Policy Review. This was encompassed in the Chair's report. 8. FDIC (Fire Department Instructor's Conference) April 24- 29, 2006 Indianapolis, Indiana. B. Himes is to look into getting additional information, however S. Arndt wanted the Board to be aware that this conference is coming up and asked for the Board's concurrence to pursue this. It was asked if this conference was budgeted and S. Arndt replied that it was budgeted for 7 -8 people to attend. \ \Dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 27 Dec 05 jk.doc Page 3 of 5 It was discussed to have a work session meeting sometime during the month of January 2006. Due to varying availability of the Board members, a specific date was not determined at this time. XI. Visitor's Comments. B. Cassidy stated that he was concerned that with the rating drop for the fire department that the insurance rates for home owners would go up and he encouraged the Board to do anything that they could to see that something be done to rectify this issue. The Board discussed the issue of the ISO rating for Bayside and talked about accomplishing the pump testing that is required in order for the apparatuses to meet the NFPA standard for annual pump testing. M. Dolph suggested that perhaps some of the testing could be done during the department's Monday night training drills. It was agreed by Chair and the members of the Board to direct staff to try to get the testing done as soon as possible and to get a written notice of where the department stands if the pump truck were to be replaced. XII. Board Comments. C. Davidson - Concurred with M. Dolph's final statement. He suggested that the Board keep in focus that there were many projects that need completing: 1 burn area to develop, 2 new pieces of equipment are needed and 2 new bays to add to the department. M. Dolph - Suggested that at the work session, the Board chart out a timeline and benchmark dates coinciding with the Borough for the upcoming projects so that the public and the Board members could see the progress that is being made. G. Spalinger - Wanted to find out where they stood with the stump removal around the Bayside Fire Department. The Chair noted that the purchase order had been issued to T. C. Enterprises to do that work. As soon as Kevin Arndt comes back from vacation he will be asked what the deadline is to finish that project. Adjournment. The meeting was adjourned at 9:OOpm. \ \Dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 27 Dec 05 jk.doc Page 4 of 5 Respectfully submitted: Jes k a ,epley, Secretary KIB Engineering /Facilities Dept. Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: Date: /Ki -2004 \ \Dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 27 Dec 05 jk.doc Page 5 of 5 IV. Visitors' Comments. None. Fire Protection District No. 1 Regular Meeting Minutes 17 March 2006, at 7:OOp.m. Bayside Fire Hall I. Call to Order. Scott Arndt, Chair of Fire Protection Area No.1 Board, called the meeting to order at 7:OOp.m. II. Roll Call. Present were, Scott Arndt, Cliff Davidson, Mike Dolph and Greg Spalinger. Also present was Jessica Kepley, Support Staff. Doug Mathers arrived at 7:40p.m. III. Acceptance of Agenda. Chair asked for approval of the agenda. It was moved, C. Davidson and seconded, G. Spalinger to approve the agenda. The motion passed unanimously. V. Minutes of Previous Meeting. There were no previous minutes to approve at this time. VI. Financial Report. Held until Budget work session. VII. Fire Fighters Asso Report. None. VIII. Chief's Report. None. IX. Chair Report. It was reported that the excavator was now available for the work on the stump and brush removal site, however with the ground still frozen the work to the site would have to be postponed until it thawed. He explained that the State has weight restrictions and the contractor would have to comply with those restrictions before proceeding with the work. The Board was notified that the footings had been poured as planned and that it had taken 5 people and 100 hours to complete, according to Doug Mathers. The Board approved the \ \Dove \ Departments \ERService Districts \Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes\Mtg Minutes 2006 \Minutes 17 March 06.doc ECEOVE MAY 1 7 2006 BOROUGH CLERK'S OFFICE change of $100 dinner gift certificates to $100 grocery gift certificates from Safeway for the volunteers that assisted with the pouring of the footings. Local vendors helped as well with the preparation of the building site, by donating supplies to establish the footings. It was estimated that Spenard's donated $600 _worth of rebar and additional supplies, Island Lake Sawmill donated $500 of lumber. S. Arndt explained the buildings themselves would not be set up until the Lash operator returned to Kodiak which was expected sometime around April 1. There was brief discussion re the FDIC travel and it was recommended by S. Arndt that the Board look into attending during Fiscal Year 2007. The Board concurred with the recommendation. X. New Business A. Burn Building footings backfill. The Board previously had received 3 prices for equipment use in order to construct the burn building (Regular meeting 27 December 2005). Between quotes received from Brechan Enterprises, Anderson Construction and Brown Excavators, the qualifying company was Brown Excavators. The Chair called for approval from the Board to award the job to Brown Excavators in an amount not to exceed $1800. G. Spalinger moved to award the dozing and compacting work excluding materials to Brown Excavators. M. Dolph seconded the motion. The motion passed unanimously. S. Arndt also explained that they would try to remove the dozer that had been stationary on the property corner. M. Dolph questioned that with the way the burn building containers would be set up that there could be a possibility that they would end up sagging in the middle. He wanted to ensure that once set up everything would be good, there would be no trouble after the fact. S. Arndt assured the Board that the containers were designed not to sag at all, and there should be no concern with the way that they would be constructed. B. Tool Purchase. The purchase of a Hamatro rescue tool was discussed. Due to the fact that it is a light weight rescue tool, the portability and ease of use, it was decided that the Hamatro was the best choice among other options. It was moved, G. Spalinger, and seconded, C. Davidson to award the purchase of the Hamatro rescue tool in the amount of $6,233. The motion passed unanimously. Training will be scheduled for \ \Dove\Departments \EF\Service Districts\Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 17 March 06.doc the tool through the fire department. It was suggested combining the Bayside tool training with the City Fire Department during the upcoming Urban Search and Rescue training. C. F.E.M.A. Grant Application. S. Arndt asked for direction from the Board to begin filling out an application for a FEMA grant to purchase new PPE's(Personal Protective Equipment) for the fire department. He said that the outlook for purchasing new fire equipment didn't look good at the time, however they could possibly receive funding to bring the PPE's up to NFPA compliance since the turnouts that the department presently possessed were not 100% compliant with NFPA standards. The Chair explained that with a 5 % match to the (approx.)$76,000 FEMA grant, the department would meet the NFPA standards for PPE. The Board so directed the Chair to begin the application for the FEMA grant to purchase approximately 33 sets of NFPA standardized PPEs. D. Budget Worksession. The Board discussed the proposed FY 2007 budget. S. Arndt led the discussion by explaining the previous years' budgets compared to the current and proposed years' budgets. M. Dolph asked that the Board consider purchasing a new copy machine for the department, due to the age and condition of the current machine. The Board chose to hold a public hearing on the FY2007 budget on March 30, 2006 at 7:30p.m. XI. Visitors' Comments. None. XII. Board Comments. S. Arndt. None. Mike Dolph. Asked that the Board begin scheduling regular Board meetings on a regular basis. He was concerned that there were not enough being held. He would like to see them held on a scheduled day each month, i.e. the first Tuesday of every month. It was agreed by the Board that they would begin by trying to meet during the third week of each month. M. Dolph also wanted to make sure that the Hamatro tool was actually budgeted in the FY2006. He also stated that he didn't want to see the Board micromanaging purchases and asked J. Kepley to look into the purchasing policy to see what dollar amount the entire Board had to approve vs. just the chair approving, and that he would like to see this policy in writing. It was S. Arndt's wish that the Board sign off on purchases over $3,000. \ \Dove \Departments\EF\Service Districts\Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 17 March 06.doc C. Davidson. None. G. Spalinger. Agreed with M. Dolph that the Board should be holding not only more meetings, but also more work sessions between the meetings. He notified the Board that he would be out of town the entire month of August. XIII. Adjournment. The meeting adjourned at 8:45p.m. Respectfully submitted: Jes Secretary KIB'Engineering /Facilities Dept. Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: 'lek(e Date- J : 00 \\Dove\Departments \EF\Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 17 March 06.doc Fire Protection District No. 1 Regular Meeting Minutes 30 March 2006, at 7:30pm Bayside Fire Hall , r)ECEIVE MAY 172006 J BOROUGH CLERK'S OFFICE I. Call to Order. Scott Arndt, Chair of Fire Protection Area No.1 Board, called the meeting to order at 7:30pm. II. Roll Call. Present were, Scott Arndt, Cliff Davidson and Mike Dolph. Also present were Bob Himes, Bayside Fire Chief, Jessica Kepley, Support Staff and Doug Mathers, FFA. III. Acceptance of Agenda. It was moved, C. Davidson and seconded, M. Dolph to accept the agenda. The motion carried unanimously. IV. Financial Report. It was moved, M. Dolph and seconded, C. Davidson to approve the financial report. The motion was carried unanimously. V. Approval of Minutes. There were no previous minutes to approve at this time. VI. Visitor's Comments. None. VII. Public Hearing - FY2007 Budget. It was moved, C. Davidson and seconded, M. Dolph to approve and adopt the proposed budget including the current 1.5 mill rate. The motion passed unanimously. The budget as approved would be submitted to the Borough Assembly. VIII. Old Business. A. Burn Building Update. Meril Brown, of Brown Excavators, was scheduled to perform the work to the burn building site during the first part of April. It was decided that the dozer would be moved to the property of Lee Russell to drain the fluids and disposal. The cost to remove the fluids is approximately $250. B. Cossette Property Update. It was reported that the Cossette property would be cleared of brush and stumps. B. Himes \ \Dove \Departments \EF\Service Districts \Fire Protection Area No. I Board \Fire Protection Area Mtg. MinutesVNtg Minutes 2006 \Minutes 30 March 06.doc , t�l. `th e'',Board that there is !no ,longer a burn pile area burn, ,the debris on site. S. Arndt remode half the debris and bur suggestedj tht the cost could be as burn the debris. If it was burned CY7eap2r because of the situation out at the Landfill . So the only option is to asked if it was cheaper to n it, in portions. It was much as $4900 to clear and on site it would be much IX. Chief's Report. B. Himes reported that the CPR /First Aid classes would be held at the department on the second Saturday of each month. The training center certification was being changed from AHA to ASHI, which would in fact be better due to not needing a contract with ASHI. C. Davidson asked who would be issuing the certifications for the classes and was told that there are approximately 12 instructors that are able to send in the paperwork to certify the class attendees. It was suggested that other possible participants be notified of the classes, i.e. Horizon Lines may be an option for more clientele. Chief Himes reported that as of this meeting there were 34 volunteers on the department roster. 99% of them are 50% active or more. A new recruit class would be held in June of 2006. He was told that there is a possibility that the City Fire Department would be dropping their reserve program due to difficulty of training, which would leave room open for Bayside to pick up volunteers. The new city -wide communication system was to begin in July /August 2006. There would be new dispatch procedures and digital pagers given to city personnel, however for the time being Bayside and Womens Bay Fire Departments would continue using the program and pagers already in place. So far there have been a total of 27 calls for the district: 1 fatality fire, 1 near fatality fire, 3 fire calls, 11 EMS call, 3 MVAs, 8 other calls, and 2 mutual aide calls. X. Chair's Report. The Chair reported that although the stumping and brush work was being done on the Cossette property, he had noticed that there were root sections that had been left behind. They were supposed to be moving the banya off of the property soon. S. Arndt suggested that it may be wise to assist the Cossettes in moving the things that had to be removed from the property. M. Dolph inquired as to the renewal of the lease, and was told that there was no news presently. He asked that the situation be resolved urgently. \\Dove\Departments\EF\Service DistrictsWire Protection Area No. 1 BoardWire Protection Area Mtg. Minutes\Mtg Minutes 2006\Minutes 30 March 06.doc XI. New Business. A. Proposed timeline for new engine purchase. The Board discussed the proposed timeline for the new fire engine purchase. It was amended to present a draft of the specifications to the Board at the meeting scheduled for April 18, 2006. Once this was approved the specs. would be presented to the firefighters and then a final draft would hopefully be presented at the Board meeting on May 16, 2006. M. Dolph cautioned the Board to move speedily on approval of the specifications so that it would speed up the delivery date of the actual apparatus. C. Davidson asked for a ball park cost of a new engine. S. Arndt estimated the cost at $236,000- 275,000. B. Himes notified the Board of an additional cost of $15,000 for the new emission control required for all vehicles. The Board decided to put the Bid packet release date on hold until it was determined where the process was during the April and May meeting dates. B. Copier Replacement (Discussion Item). Per the request from the meeting dated 17 March 2006, S. Arndt issued comparison price quotes for a new copy machine for the department. Quotes were received from Xerox and Frontier Business Systems. Preferences discussed were, dual page printing /copying capabilities, 20page /minute copying, capability to connect to a computer to use as multiuse printer, and at least a 5 year service warranty. It was suggested by C. Davidson that more information be gathered and then bring the option back to the table. M. Dolph agreed to possible action on the subject be given during the April meeting. C. Grant Application. B. Rimes reported that the grant application for the new PPE and infra -red camera was almost complete. The grants were due on April 7, 2006. S. Arndt requested that the grant be issued to the Board members prior to submitting it to FEMA. D. Pager Purchase. B. Himes told the Board that Womens Bay Fire Department was looking into purchasing 5 new pagers for their department. Bayside being short a few pagers has the option to join with WBFD in purchasing additional pagers. He asked that the Board authorize the purchase of 5 new pagers for the department in an amount not to exceed $2000.00. S. Arndt asked for a second bid on the pagers. There was a brief discussion held regarding local preference for purchases vs. off island vendors. M. Dolph raised the question, could local contractors support the maintenance of anything bought off \ \Dove \Departments\EFService Districts Wire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes Mtg Minutes 2006 \Minutes 30 March 06.doc island. His concern was of purchasing something that couldn't be maintained locally. It was moved, C. Davidson and seconded, M. Dolph to authorize a purchasing agreement to work with WBFD to purchase additional pagers, NTE $2,500. S. Arndt asked the Board to return to the purchasing discussion at the next meeting, 18 April 2006, when there would possibly be quotes available from WBFD. C. Davidson moved to table the motion until 18 April 2006. M. Dolph seconded the motion. The postponement of purchasing pagers in cooperation with WBFD was passed unanimously. S. Arndt asked B. Himes when the new pager system would be incorporated in the Fire Protection Area. It was estimated at 2 years or less depending on the operation. The response process of the fire department was discussed and how it would work with the new proposed communication system that the city would be adopting soon. XII. Visitor's Comments. D. Mathers. Inquired about what would be done with Engine 11. S. Arndt responded that it would be put in storage. D. Mathers returned that some of the roads in the area were very bad during the winter months, especially Sheratine Way. He suggested that the Board look into getting an engine with AWD w /studs to use in the Fire Protection Area to use for winter driving. S. Arndt suggested waiting to see what was proposed later on and B. Himes said that it would be good to consider how often 4 wheel drive is used before including that in the specifications. XIII. Board'Comments. S. Arndt. None. C. Davidson. Thanked B. Himes and S. Arndt for preparing the New Engine purchase timeline. He suggested that AWD on the new apparatus is not a bad idea, due to the fact that he had gotten stuck in the KOC parking lot at one time. M. Dolph. None. XIV. Meeting Schedule. The next regular meeting was scheduled for 18 April 2006. XV. Adjournment. The meeting adjourned at 9:OOpm. \\Dove \ Departments \ERService Districts \Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 30 March 06.doc Respectfully submitted: ley, Secretary B Engineering /Facilities Dept. Approved by: JC Off/ ./ •4 1- Scott Arndt, Chair Fire Protection District No. 1 Board Date: 1 / 10(tv Date: $ 7( - 200-C \ \Dove\Departments \ERService Districts\Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes \Mtg Minutes 2006\ Minutes 30 March 06.doc Committee Members Present Absent Excused Others Present Hans Tschersich X Mary Ogle Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck -Chair X Murphy Forner X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Wayne Biessel X Ian Fulp X Betty Odell X Roy Brown X KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE REGULAR MEETING -APRIL 11, 2COR OROUGH CLERK'S OFFICE MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on April 11, 2006 in the Borough Conference Room. ROLL CALL - p - vEcEivE MAY 1 2 2006 A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and was CARRIED 6 -0. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the minutes. The motion was SECONDED by COMMITTEE MEMBER FOSTER, and it CARRIED 6 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments and appearance requests OLD BUSINESS A. Parks Ordinance Ogle stated she made changes based on their last meeting. The indicator was changed to five units to kick in the core requirement and subsequent changes to various other portions of the code to reflect the change of scale. She also broadened out the maintenance financing and implementation policies. Take it 4/11/06 P &R Minutes Page 1 of 3 and review it in depth and Sheila will let P &Z know you will be coming to their worksession. The committee discussed the proposed ordinance. Ogle also stated that in coordination with this project she emailed Linda Freed, the City Manager, to touch base with her about what the discussion has been between the Kodiak City Parks Department with Ian Fulp, the school, and the Borough as to who is maintaining what parks and to see if we can attach some of Kodiak's urban area borough parks to the Cities maintenance program Linda Freed did contact Ian Fulp to tell him to coordinate this with Ogle so she will get with him by Friday. B. Otmeloi/North Star Ogle stated she is still working on it. NEW BUSINESS A. Recommendation for Borough Acquisition of the Kodiak Christian Fellowship Subdivision Lots 1B and 1E. Ogle stated she provided them the minutes from this case. The neighbors are concerned about the wetlands and that it will be developed. It is the last section of Woodland Acres and they feel they don't have enough recreation opportunity. It was also their understanding this was to be developed to be a church. The Planning & Zoning Commission moved that the Borough has the first option to purchase Lots1B and 1E. They have not finalized the preliminary or final plat so it is not recorded. The petitioner requested and received approval from the Army Corp of Engineers to fill in some of the wetlands. They may be reconfiguring the lots slightly, but after speaking with the Borough Manager, the Parks & Recreation Committee needs to make a recommendation to the Assembly whether you feel it is something the Assembly needs to move forward to acquire. Discussion of the lots and neighborhood. The Committee would like to go look at this location before they make any decisions. COMMUNICATIONS There were no communications REPORTS A. Meeting Schedule: April 25, 2005 P &R meeting at 7:00 p.m. in the KIB conference room. May 9, 2005 P &R meeting at 7:00 p.m. in the KIB conference room. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBERS' COMMENTS 4/11/06 P &R Minutes Page 2 of 3 9` Pam Foreman said she will be here for the first part of the meeting on May Andy Schroeder said he got back last week from Fairbanks at the Trails Conference and would recommend going next year. He gained a lot of very useful information. Thanks to the Borough for sending him. Pam Foreman asked if the bike path stayed on the Capital Improvement List. She would like the bike path put on a future agenda and get grant information of what that process is. She also asked Andy to share his bike papers with Mary Ogle. Kevin Foster said he recommend the Borough give Mary more time to visit the community. Mary Ogle stated the CIP process is about to start again. She also said we did get verification that we did get the Piedmont Trails and the Lake Summit grant. They will use GeoBlock around the lake. The Comprehensive Plan consultants will be doing another round of meetings the end of May. Pam Foreman said if Mary gives her some verbage she will put it on Island Byways. ADJOURNMENT The meeting adjourned at 8::02 p.m. ATTEST By: � 51'1PjQ.Q _C/CD_ Sheila Smith, Secretary Community Development Department DATE APPROVED: May 9, 2006 KODIAK ISLAND BO i l GH PARKS & RECREATION CO I:WTEE By: hair 4/11/06 P &R Minutes Page 3 of 3 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - May 8, 2006 APPROVED: Motion to adjourn. SUMMARY APPROVED: Motion to approve certificated contracts for the 2006/2007 school year to Charla Cook - BA +0/1 in the amount of $38,384, plus $355 village stipend, $107 special education stipend for 1.0 FTE Ouzinkie School; Suzan Hailey - BA +0/ 5 in the amount of $46,914 for 1.0 FTE Peterson Elementary School; Anne (Delany) Smith - MA +54/8 in the amount of $65,395, plus $355 special education stipend for 1.0 FTE Town Special Education; and Raymond Vining - BA +54/9 in the amount of $61,131 for 1.0 FTE Kodiak High School. APPROVED: Motion to approve a 2006/2007 administrative contract for Karen Boehler in the amount of $92,000 for 230 days as Kodiak High School Principal and to include 10 days of work at Kodiak High School for transition. APPROVED: Motion to enter into Executive Session to discuss Negotiations and the Superintendent's Evaluation following the Work Session and to include Director of Personnel and Student Services Jack Walsh and Director of Finance Dave Jones. Kodiak Island Borough June 1, 2006 - 7:30 p.m. 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES Assembly Guidelines Regular Meeting Assembly Chambers A. Kodiak Island Borough Assembly Special Meeting of April 27 and Regular Meeting of May 4, 2006. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 6. AWARDS AND PRESENTATIONS - None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update. L la Kodiak Island Borough / Assembly Guidelines June 1, 2006 Page 1 9. PUBLIC HEARING - Limited to five minutes per speaker A. Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. Recommended motion: Move to adopt Ordinance No. FY2006 -10. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 Public Testimony is limited to five minutes per speaker. Close / p 'c hea�in� _ /I tAr y,Gze /nom ROLL CALL VOTE ON MOT /ON � � CC Q B. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) Recommended motion: Move to adopt Ordinance No. FY2007 -01. (Clerk's note: attached is the substituted version that is available to the public./ Recommended motion: Move to amend Ordinance No. FY2007 -01 by substitution that decreases the mil rate by .5 mils and eliminates the $400,000 transfer to Fund 420 for the new swimming pool. ROLL CALL VOTE ON MOT /ON Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 -478 -5736 Public Testimony is limited to five minutes per speaker. Close pub iF he ring. l , ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None. Kodiak Island Borough Assembly Guidelines June 1, 2006 Page 2 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor. Recommended motion: Move to award Contract No. FY2006 -43 to Alaskan Industries, I . of Wasilla, AK in an amount not to exceed $ 129,400. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Contract No. FY2006 44 Kodiak High School Asbestos Abatement and Floor Covering Replacement. Recommended motion: Move to award Contract No. FY2006 -44 to Commercial Contractors, Inc. of Anchorage, Alaska in an amount not to exceed $193,000. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission.) Recommended motion: Move to adopt Ordinance No. FY2006 -12 in first reading to advance to public hearing on June 15, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) Recommended motion: Move to adopt Ordinance No. FY2006 -13 in first reading to advance to public hearing on June 15, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines June 1, 2006 Page 3 3. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to Not Allow the Borough to Contract With Those Entities. Recommended motion: Move to adopt Ordinance No. FY2006 -14 in first reading to advance to public hearing on June 15, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Confirmation of Borough Deputy Clerk Recommended motion: Move to confirm Marylynn McFarland as Borough Deputy Clerk effective June 12, 2006. ROLL CALL VOTE ON MOTION 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly will meet in a work session on Thursday, June 8 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, June 15, at 7:30 p.m. in the Assembly Chambers. 16. EXECUTIVE SESSION A. Borough Manager's Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Manager performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, and invite all Assemblymembers, the Mayor, and the Manager to participate. ROLL CALL VOTE After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines June 1, 2006 Page 4 Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines June 1, 2006 Page 5 Manager's Report June 1, 2006 The Board of Equalization completed their hearing of appeals on property valuations on Tuesday, May 23 The last appeal was heard that night and the Board upheld the valuation set by the Assessing Department. The Assessing Department anticipates completion of the certified assessment roll by Friday, June 2" The Architectural Review Board interviewed finalists for the seismic and bond projects on Borough Hill last week and unanimously selected a firm to perform the work and selected an alternate, if the Borough is unsuccessful in negotiating a contract with the first firm. Staff is in the process of following up on references and will begin negotiations soon and bring a contract for approval to the Assembly in the near future. The Architectural Review Board also met with ECl/Hyer last night to go over the schematic design of the swimming pool. Staff hopes to have the ARB's recommendation and ECl/Hyer's cost estimate for the Assembly to review and discuss at its June 8 work session. The Engineering & Facilities Department met with a representative of the Alaska Department of Transportation who flew to Kodiak to review the three road projects that have been funded for Kodiak Island Borough: 1. $3.4 million — Otmeloi Way Improvements — State General Fund appropriation to provide paving, curb and gutter, sidewalks, streetlights and separated bike path; 2. $1.4 million — Kodiak Roads — Federal Earmark appropriation project for bike trails to North Star Elementary School; and 3. $1.0 million — Rezanof Drive Rehabilitation, Lighting and Intersection Safety Improvement — State General Fund appropriation to look at making the intersection of Mill Bay and Rezanof Drive safe. Staff continues to work with DOT to develop the necessary agreements to move forward on the above projects. Staff is working with the engineering firm to determine the scope of work and a cost estimate for the Woodland Acres Paving District. We hope to have that information in the near future. The next step would be to send out public notices, hold a public hearing and then the Assembly would determine if they wish to move forward on the paving district.