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12/16/2004 Regular MeetingKodiak Island Borough December 16, 2004 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember rm Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Nancy Galstad Interim Borough Manager Ms. Judi. Nielsen, CMC Trough Clerk 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 - None. 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. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1- 800 - 478 -5736) (Local Telephone Number 486 -3231) 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -57 Construction of the Mission Lake Tide Gate — Project No. KIB 262 -268. 2. Contract No. 2004 -61 Legislative Consultant for the Kodiak Island Borough During the FY05 and FY 06 Legislative Sessions. 3. Contract No. 2004 -62 Purchase of Fire Safety Equipment - Bayside Fire Station. Kodiak Island Borough Assembly Agenda December 16, 2004 Page 1 4. Contract No. 2004 -63 Awarding a Sole Source Contract to W.M. Smith and Associates, Inc. To provide Swimming Pool Sand Filter, Tanks, Pumps, Media and Chemical Controller and Miscellaneous Piping and Transportation to Seattle to Reconstruct the High School Swimming Pool. RESOLUTIONS Resolution No. FY2005 -10 A Joint Resolution of the Kodiak Island Borough Assembly and the Kodiak Island Borough School District Board Adopting a Memorandum of Understanding That Will Establish a Procedure for Governing the Accounting and Application on In -Kind Services. Resolution No. FY2005 -11 Adopting a Capital Improvement Program for Fiscal Years 2005 -2009 and Establishing a Capital Improvement Projects Priority Lists. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004 -10B Amending Ordinance No. 2004 -10 Fiscal Year 2005 Budget Moving Funds from the Facilities Fund to the Borough Capital Projects Fund (Fund 410) to Pay for Swimming Pool Repairs And to Fund a New Tide Gate at Mission Lake. D. OTHER ITEMS 1. Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. 2. Kodiak Island Borough Assembly Meeting Schedule for 2005. 3. Confirmation of Mayoral Appointments of Assemblymember Representatives to Boards, Committees, Commissions, and Councils. 4. Assembly Appointment to the Bay View Road Service Area Board. 5. Confirmation of Mayoral Appointment to the Architectural Review Board. 6 -8. Confirmation of Mayoral Appointments to the Parks and Recreation Committee. 9. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Regular Meeting of September 27, 2004. 2. Planning and Zoning Commission Meetings of September 21 and October 20, 2004. B. REPORTS 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION A. Personnel Matters Pertaining to the Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. 18. ADJOURNMENT Copies of 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 December 16, 2004 Page 2 Kodiak Island Borough December 16, 2004 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Is. Pat Branson Assemblymember Term Expires 2007 Mr. Ceci /Raney Assemblymember Term Expires 2006 Ms. Nancy We/ /s Assemblymember Term Expires 2005 Ms. Barbara Williams Assemb /ymember Term Expires 2007 Nancy Gained Interim Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Kodiak Island rough December 16, 2004 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 DRAFT 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None. 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. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1 -800- 478 -5736) (Local Telephone Number 486 -3231) 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I Industrial To B Business. (P &Z Case 04 -012) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -57 Construction of the Mission Lake Tide Gate — Project No. KIB 262 -268. 2. Contract No. 2004 -61 Legislative Consultant for the Kodiak Island Borough During the FY05 and FY 06 Legislative Sessions. 3. Contract No. 2004 -62 Purchase of Fire Safety Equipment - Bayside Fire Station. Assembly Agenda Page 1 4. Contract No. 2004 -63 Awarding a Sole Source Contract to W.M. Smith and Associates, Inc. To provide Swimming Pool Sand Filter, Tanks, Pumps, Media and Chemical Controller and Miscellaneous Piping and Transportation to Seattle to Reconstruct the High School Swimming Pool. B. RESOLUTIONS 1. Resolution No. FY2005 -10 A Joint Resolution of the Kodiak Island Borough Assembi, and the Kodiak Island Borough School District Board Adopting a Memorandum of Understanding That Will Establish a Procedure for Governing the Accounting and Application on In -Kind Services. 2. Resolution No. FY2005 -11 Adopting a Capital Improvement Program for Fiscal Years 2005 -2009 and Establishing a Capital Improvement Projects Priority Lists. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004 -10B Amending Ordinance No. 2004 -10 Fiscal Year 2005 Budget Moving Funds from the Facilities Fund to the Borough Capital Projects Fund (Fund 410) to Pay for Swimming Pool Repairs And to Fund a New Tide Gate at Mission Lake. D. OTHER ITEMS 1. Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. 2. Kodiak Island Borough Assembly Meeting Schedule for 2005. 3. Confirmation of Mayoral Appointments of Assemblymember Representatives to Boards, Committees, Commissions, and Councils. 4. Assembly Appointment to the Bay View Road Service Area Board. 5. Confirmation of Mayoral Appointment to the Architectural Review Board. 6 -8. Confirmation of Mayoral Appointments to the Parks and Recreation Committee. 9. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Regular Meeting of September 27, 2004. 2. Planning and Zoning Commission Meetings of September 21 and October 20, 2004. B. REPORTS 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION A. Personnel Matters Pertaining to the Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. 18. ADJOURNMENT Copies of 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 December 16, 2004 Page 2 Regular Meeting of December 16, 2004 Kodiak Island Borough AGENDA STATEMENT Recommended motion: Move to adopt Ordinance No. FY 2005 -09. ITEM NO. 9.1 Ordinance No. FY 2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) Following this agenda statement is the memorandum from Associate Planner Duane Dvorak. This ordinance is up for public hearing. APPROVAL FOR AGENDA: Memorandum Date: November 24, 2004 To: Patrick S. Carlson, Borough Manager From: Duane Dvorak, Associate Planner // • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us l ECE I VED i i NOV 2/ 1004 NOV 2 4 2004 KIB MANAGER RE: Transmittal ofRezone Case 04 -012, information for the December 2, 2004 regular Assembly agenda. (LASH) The attached meeting materials and recommendation of the Kodiak Island Borough Planning and Zoning Commission (P &Z) are hereby transmitted for consideration by the Kodiak Island Borough Assembly, as provided for in KIBC 17.72.055. The P &Z Commission recommends approval of this rezone request. The rezone was considered by the Commission to be minor, in that the B- Business zone is closely related to the I- Industrial zone and that the 6 acre parcel proposed for rezone has adequate physical separation from other adjoining lots in the I- Industrial zone. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the objective so the 1968 Kodiak Island Borough Comprehensive, as amended. The Commission considered the fact that very little of the 6 -acre lot area exists outside of the Rezanof Drive West road right -of -way. The petitioner has indicated that they would like to do a tideland fill along the shoreline to create additional uplands for development, however this proposal is not a relevant part of the rezone review and it would rely on subsequent actions that are not zoning dependent. The petitioner also has a reduced scope development concept if the tideland development turns out to be non - feasible. Enc. Agenda Statement; Draft Ordinance; Staff Memorandum (Packet) dated November 10, 2004; Draft meeting minutes. and KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2005 -09 Introduced by: Manager Carlson Requested by: Planning and Zoning Commission Drafted by: Community Development Department Introduced: 12/02/2004 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 21, SEAVIEW SUBDIVISION FROM I- INDUSTRIAL TO B- BUSINESS. (P &Z CASE 04 -012) WHEREAS, the petitioner for this rezone has indicated a desire to develop waterfront multifamily residential along the shoreline of Womens Bay at Shannon Point; and WHEREAS, the petitioner owns a 6 -acre parcel of land that provides for substantial physical separation from surrounding I- Industrial zoned lots; and WHEREAS, the P & Z Commission held a public hearing on November 17, 2004 for this case; WHEREAS, the Commission finds the rezone request to be generally consistent with the 1968 Kodiak Island Borough Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone Lot 21, Seaview Subdivision from I- Industrial to B- Business; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Lot 21, Seaview Subdivision is hereby rezoned from I- Industrial to B- Business. Section 3: 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 property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. Kodiak Island Borough, Alaska Ordinance No. FY2005 -09 Page 1 of 2 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi - family residential use. Because of the overlap of permitted uses between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Ordinance No. FY2005-09 Page 2 of 2 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. December 16, 2004 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) A map of the area is shown on the reverse of this page. If you do not wish to testify verbally, you may provide your comments in the space below and fax it to (907) 486- 9391, Email to jnielsen@kib.co.kodiak ak us mail or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on December 16, 2004. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. 4 pwilic heanny nili &c Rita mailed at /Z10f/Do Name: Mailing Address: Comments: KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY /CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska 99615 LEISNOI, INC 711 HST. STE 350 ANCHORAGE, AK 99501 TUNDRA PLUMBING & HEATING INC 859 PANAMAROFF KODIAK AK 99615 LASH CORP 7205 W. REZANOF DR KODIAK AK 99615 KONIAG, INC 4300 B ST. #407 ANCHORAGE, AK 99503 Barry Still Lash Corporation 7205 W. Rezanof Dr. Kodiak, AK 99615 Dear Mr. Still: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us November 19, 2004 Re: Case 04 -012. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- - Industrial to B- Business. The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 19, 2004 moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's December 2, 2004 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's December 16, 2004 regular meeting. Please confirm these dates with the Borough Clerk, Judi Nielsen at 486 -9310, no sooner than five (5) working days from the date of this letter. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the 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. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic retum to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi- family residential use. Because of the overlap of permitted uses between the I- Industrial vine and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Should the Kodiak Island Borough Assembly approve this rezone, you will still need to obtain permits for any construction activities. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Since e Dvorak, Acting 1 erector Community Development Department SUPPLEMENTAL MEMORANDUM DATE: November 17, 2004 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner SUBJECT: Information for the November 17, 2004 Regular Meeting CASE: 04 -012 Public Hearing Item VI -C APPLICANT: Lash Corporation AGENT: Barry N. Still REQUEST: A rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. LOCATION: 8335 W. RezanofDrive ZONING: I- Industrial The petitioner for rezone submitted several documents just prior to last week's packet review worksession. Staff comment on these documents could not be incorporated into the written staff report dated November 10, 2004. The development proposal has resulted in a need to correct several points in the staff report that were misrepresented by staff. Staff has not modified its recommendation based upon this new information, however the analysis previously presented does need to be updated to reflect the petitioner's .proposal. This supplemental report is intended to supplement and complement the original staff analysis, which is still applicable except for the items specifically updated in this supplemental report. Because the previous report has been published and there is no way to call back the copies that have been distributed, this report does not supercede or replace the prior report, but merely adds to it based on new information submitted by the petitioner. Case 04- 012 /Supplemental Staff Report Page 1 of 6 P & Z: November 17, 2004 Consistent: Consistent: Case 04- 012 /Supplemental Staff Report Public Hearing Item VI -C Yes. No dredging or filling is proposed as part of this rezone which would only change the applicable zoning district designation of Lot 21, which already allows all of the commercial uses permitted in the B- Business zoning district except for residential uses. 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. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. 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. Yes. This lot is located in a long established subdivision. The shape and size of Lot 21 will provide substantial separation distances between the proposed development and adjacent, non - business properties. 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. No accessory development is proposed along the shoreline. 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). Page 3 of 6 P & Z: November 17, 2004 ZONING/USE: Consistent: LAND SUITABILITY: Case 04- 012 /Supplemental Staff Report Public Hearing Item VI -C Yes. The rezone being considered in this review does not, in and of itself, pertain to any proposed filling or draining of tidelands. The tidelands disturbance proposed by the petitioner's could be related to any permitted use of Lot 21 under the current I- Industrial zoning. At the time additional land is added to the Lot 21 and a fill and grading permit is requested, additional agency review will be required to ensure that ACMP Standards in 6 AAC 80 are adhered to. The rezone area is a long linear lot following the centerline of Rezanof Drive West except for the area designated at Shannon Point. The total lot area is 5.87 acres; however, the usable net acreage outside of the DOT/PF right -of -way shown on Plat 94 -26 is much less. The petitioners propose to fill along the shoreline, outside the boundaries of existing Lot 21 in order to increase the development potential of the property. The petitioner's have provided a letter indicating the United States Coast Guard has relinquished a 150 foot wide easement across Lot 21. This should be recorded in order to eliminate the recorded easement that is referenced on the plat of record for Lot 21._ Based upon the new information submitted by the petitioner's, the land proposed for development would be generally level with the Rezanof Drive West right -of -way. This includes a substantial fill area that would be added to Lot 21 prior to development. The KIB Coastal Management Program indicates that land within 30 foot elevation of Mean High Water is considered to be at risk of tsunami or storm surge events. These hazards can be mitigated by proper engineering and architectural design and by putting non - residential floor area on the lower level(s) until the 30 foot elevation is achieved. This could include commercial space or garage and storage space under a multi-story condominium or apartment structure. At the present time the Kodiak Island Borough is not a participant in the National Flood Insurance Program so there is no availability of insurance for this type of development and there is no mapping to establish a flood hazard base elevation. The base flood elevation is usually based on storm surge as opposed to tsunami because a tsunami is statistically harder to predict. Therefore, the guidance contained in the KIB Coastal Management Program remains the best guidance to be found in an adopted borough document. As an industrial area, this site is well served by electrical utilities and transportation routes (Rezanof Drive West). The new residential area to the west is predicated upon on -site well and septic systems. This site is proposed to be served by water service extended from the nearby U.S. Coast Guard installation. Septic system support would need to be engineered. The density indicated by the petitioners would be three large buildings with 6 to 8 dwellings in each building. This would amount to a maximum of 18 to 24 dwellings if' the petitioner is able to develop the property as proposed currently. Page 4 of 6 P & Z: November 17, 2004 COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anarlromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Case 04- 012 /Supplemental Staff Report Public Hearing Item VI -C Yes. The petitioner proposes to do substantial fill along the shoreline. This will require a review by the U.S. Army Corps of Engineers, and other agencies, which will ensure that the disturbance to the shoreline will be minimized. The petitioner indicates that the fill will be restricted to the "0" tide line which will avoid the disturbance of higher value habitat along the shoreline. 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: Yes. This rezone action will not reduce access along the shoreline. Access issues of this sort are usually addressed as part of a subdivision process where lot boundaries are being added or modified. The proposed fill activity may not take place until the petitioner is granted ownership or control of the tidelands as indicated, at which time this policy will be considered as part of the required agency review. It appears that the proposed fill will reduce access along the shoreline in front of the proposed development area to minus tide conditions. It will need to be determined whether there is a suitable alternative that is both feasible and prudent. 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. Page 2 of 6 P & Z: November 17, 2004 Public Hearing Item VI -C Because the lot is separated from the I- Industrial zoned uplands (above Rezanof Drive West) staff believes that there would be adequate separation and buffer distance. Nevertheless there could occasionally be industrial activities that would conflict with the residential use. As an isolated residential/commercial enclave this area would most likely not appeal to people wishing for a quiet and rustic location. RECENT DEVELOPMENT TREND IN THE AREA: The applicant has been operating a marine terminal and related industrial uses in the area for many years. More recently, a second phase of subdivision was proposed but not completed to the west of this site along the shoreline and including the adjoining uplands above Rezanof Drive West. Lot 29A, USS 2539 was rezoned from C- Conservation to RR1 -Rural Residential One prior to the preliminary plat approval of this second phase development. That area was located outside of the Industrial designated area delineated in KIB Ordinance No. 81 -8 -0. The petitioner has indicated that Lot 21 has not been economically able to sustain industrial developments for which it is zoned and that the B- Business zone might provide for more complementary uses in the area, including multi - family residential. A conceptual site plan /master plan was submitted by the petitioners prior to the Commission's packet review worksession on November 10, 2004. TRAFFIC IMPACTS: Lot 21 is located along the centerline of Rezanof Drive West and a substantial portion of the lot is included in the established right -of -way for this arterial road. The DOT /PF easement for Rezanof Drive West appears on the plat of record to extend 100 either side of the centerline, which is the same line that defines the northern property boundary. Rezanof Drive West is a designated arterial and staff does not believe that the potential traffic generation from business or multi- family residential development would be greater or less than for other permitted I- Industrial uses. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. Case 04- 012 /Supplemental Staff Report Page 5 of 6 P & Z: November 17, 2004 FINDINGS OF FACT Case 04- 012 /Supplemental Staff Report APPROPRIATE MOTION Public Hearing Item VI -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 21, Seaview Subdivison from I- Industrial B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004, in support of this recommendation. 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 property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi- family residential use Because of the overlap of permitted uses between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Page 6 of 6 P & Z: November 17, 2004 DATE: November 10, 2004 TO: Planning and Zoning Commission THROUGH: Michelle R. Stearns, AICP, Director FROM: Duane Dvorak, sociate Planner SUBJECT: Information for th November 17, 2004 Regular Meeting CASE: . 04 APPLICANT: Lash Corporation Barry N. Still AGENT: REQUEST: A rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. LOCATION: 8335 W. Rezanof Drive ZONING: I- Industrial MEMORANDUM Four (4) public hearing notices were mailed on November 2, 2004. Date of site visit: No Site Visit Made 1. Zoning History: The 1968 Comprehensive Plan did not address this area. This area was incorporated into the Kodiak Island Borough Land Use Plan by Kodiak Island Borough Ordinance No. 81 -8 -0. Rezoned from C- Conservation to I- Industrial by Kodiak Island Borough Ordinance No. 81 -9 -0. 2. Lot Size: Lot 21, Seaview Sub. 5.87 acres 3. Existing Land Use: 4. Surrounding Land Use and Zoning_ North: Lots 1 through 14, Seaview Subdivision Use: Mixed Use Business/Industrial/Vacant Zoning: I- Industrial South: Womens Bay Case 04- 012 /Staff Report Public Hearing Item VI -C Vacant Page 1 of 7 P & Z: November 17, 2004 East: West: 5. Comprehensive Plan: 6. Applicable Regulations: Use: Tidelands Zoning: Not applicable Lot 22, Seaview Subdivision Use: Marine Terminal and Related Uses Zoning: I- Industrial Portion of Lot 29A, USS 2539 Use: V ant Zoning: RRR1 -Rural Residential One Public Hearing Item VI -C The 1968 Comprehensive Plan (as amended by MB Ord. No 81 -8 -0) designates this area for industrial use. 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 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. Case 04- 012 /Staff Report Page 2 of 7 P & Z: November 17, 2004 COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: 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. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 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: 4. Facility Design Consistent: Case 04 -012 /Staff Report N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. N /A. No dredging or filling is proposed. Public Hearing Item VI -C 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. N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Page 3 of 7 P & Z: November 17, 2004 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: N /4.. This lot is located in a long established subdivision. 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, w .rehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. 7. Wetlands CONFORMANCE WITH THE COMPREHENSIVE PLAN: The amended Kodiak Island Borough Comprehensive Land Use Plan designates this area for Industrial Use. While the request does not appear to be consistent with this designation, the uses permitted in the B- Business zone, except for residential, are the first uses listed as permitted uses in the I- Industrial zone. The petitioner has indicated that the planned multi - family residential use will be a complement to the surrounding area, which does have some residential zoning on the west end of the lot. ZONING/USE: Case 04- 012 /Staff Report Public Hearing Item VI -C Consistent: N /A. No accessory development is proposed along the shoreline. 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. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. COMMENTS The rezone area is a long linear lot following the centerline of Rezanof Drive West except for the area designated at Shannon Point. The total lot area is 5.87 acres; however, the usable net Page 4 of 7 P & Z: November 17, 2004 acreage outside of the DOT/PF right -of -way shown on Plat 94 -26 is much less. In addition, there is a 150 foot wide easement to the United States Coast Guard indicated on the plat to be recorded at Book 108, Page 667, Kodiak Recording District. LAND SUITABILITY: Public Hearing Item VI -C Land suitability outside of designated easements and available for development appears to be level. The KIB Coastal Management Program indicates that land within 30 foot elevation of Mean High Water is considered to be at risk of tsunami or storm surge events. These hazards can be mitigated by proper engineering and architectural design and by putting non - residential floor area on the lower level(s) until the 30 foot elevation is achieved. This could include commercial space or garage and storage space under a multi-story condominium or apartment structure. At the present time the Kodiak Island Borough is not a participant in the National Flood Insurance Program so there is no availability of insurance for this type of development and there is no mapping to establish a flood hazard base elevation which is usually based on storm surge as opposed to tsunami which are statistically harder to predict. Therefore the guidance contained in the KIB 'Coastal Management Program remains the best guidance to be found in an adopted borough document. As an industrial area, this site is well served by electrical utilities and transportation routes (Rezanof Drive West). The new residential area to the west is predicated upon on -site well and septic systems. This site is proposed to be served by water service extended from the nearby U.S. Coast Guard installtion. Septic system support would have to be engineered. The density of development has been indicated verbally to be three dwellings in a condominium style development. Because the lot is separated from the I- Industrial zoned uplands (above Rezanof Drive West) staff believes that there would be adequate separation and buffer distance. Nevertheless there could occasionally be industrial activities that would conflict with the residential use. As an isolated residential/commercial enclave this area would most likely not appeal to people wishing for a quiet and rustic location. RECENT DEVELOPMENT TRENDS IN THE AREA: The applicant has been operating a marine terminal and related industrial uses in the area for many years. More recently, a second phase of subdivision was proposed but not completed to the west of this site along the shoreline and including the adjoining uplands above Rezanof Drive West. Lot 29A, USS 2539 was rezoned from C- Conservation to RRI -Rural Residential One prior to the preliminary plat approval of this second phase development. That area was located outside of the Industrial designated area delineated in KIB Ordinance No. 81 -8 -0. The petitioner has indicated that this property has not been able to sustain industrial developments for which it is zoned and that the B- Business zone might provide for more complementary uses in the area, including multi - family residential. A site plan/master plan was Case 04- 012 /Staff Report Page 5 of 7 P & Z: November 17, 2004 Public Hearing Item VI -C indicated in the application form to be forthcoming but staff has not seen any new submittals since this case was accepted for review. TRAFFIC IMPACTS: The property is located along Rezanof Drive West. In fact, this parcel is located within a designated DOT/PF easement that exte 1 ds 100 either side of the centerline, which is the same line that defines the northern property b undary. Rezanof Drive West is a designated arterial and staff does not believe that the poten ial traffic generation from business or multi - family residential development would be greate- or less than for other permitted I- Industrial uses. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. 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 21,: Seaview Subdivison from I- Industrial to B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004, in support of this recommendation. FINDINGS OF FACT APPROPRIATE MOTION 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 property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic retum to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the one exception of multi - family residential use. Because of the overlap of permitted uses Case 04- 012 /Staff Report Page 6 of 7 P & Z: November 17, 2004 Case 04- 012 /Staff Report Public Hearing Item VI -C between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Page 7 of 7 P & Z: November 17, 2004 U.S. Department of Transportation United States Coast Guar Koniag, Inc. Anglo Energy Building 4300 B Street, Suite 407 Anchorage, AK 99503 -5926 JAN 13 1997 Dear Sir or Madam: The Coast Guard hereby relinquishes its ownership of an easement =r b landing and accass to and from the barge landing recorded in Kodiak Recording District Book 108 page 667 for the property known as Shannon Point on Kodiak Island, AK. Please record this letter with the Kodiak Recording District Office and send us a copy of the recorded page once it has been stamped. If we can be of any assistance, please contact Ms. Ann Grasso at (510) 437 -5904. Sincerely, B. J. Good Captain, U.S. Coast Guard Chief, Civil Engineering Division By direction of the Commander Encl: Easement documentation with drawings Copy: CGD SEVENTEENTH(dp1) CG CELT Juneau Commander Bldg. 54 -D; Coast Guard Island Maintenance & Logistics Alameda, CA 94501 -5100 Command Pacific P ( ) 437 - 35 08 1 10 11 JAN 2 1997 AG }zi rag: "d +KS Re+ 4 4 ' /,C ttasi 1'rOG 4300 B S'f Ste 4o {�.9C hGib7jC f4 lc 9Q5e 3 56t.' taw u8 (RAIN.' J IV !'•J Sto?J I h PuaFbit3 DraigsvS 404 x.43%. NS0 *h / 5 0 �_ N 0 h 19 AMENDED TRACT 4 ADJACENT 7n LOT t/, SEAVIEW SUSON /SIGN U.S.SJRVEY 2539 5GALE : /•• /OO' PATE: K/7/04 P .o '0000- - I `O8• O'flo 3 "\ • ACCESS AND UTILITY EASEMENT CREATED, \ THIS SURVEY LOT SEE METAL "B" � . 51° 06' ?0' 300.5 w.c. 300.30 9j4 cr 0 C -G a a a 0 .40 ACRES \' \ n5 " . 4� 61 3 00. 3 ° \ 9 r e ww w a' S. 44° !B' 00" E. o - LOT 5 N I45 ACRES S. 44°18 0,2" 0 0. P. T. EASEMENT F NT G), ( 2 � ,To U.S. COAST S 1GUA RD BOOK 108, P. 667 LOT 21 5.87 ACRES ± c. w C a w w a N N TV' 0 C -3 NOIAENS BAY KODIAK ISLAND BOROUGH - COMMUNITY UtvtLUI'MtN 1 UtIAKI MtN 1 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kih.co.kodiak.ak.us Applicant Information 14451a COSSCATIod Property owner's name Property owner's mailing address Kw,r4>c- At44-s4 )S City State Zip Home phone Work Phone 9¢3$7 g77 Agent's name (If applicable) SAME Agent's mailing address City State Home phone Application received by: Work Phone alS4 10 4 4 , e.1 4 4 L�l r �L I roperty a e s S g- re Staffsignature E -mail Addr. Zip E -mail Addr. 9 5 0 Da STAFF USE ONLY Code Section(s) Involved: Property ID Number /s R 94 --24 U5$2539 Lo7Z1.5I:10i‘icl t3U3 C5 Marta S Pr) Legal Description Current Zoning: WD1 70.4,r}L Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: 49,f6041- A1/400 -Z MtstevrA6t Property Information Proposed Use of Property: tyw:W7rAL Cvr -)D ©S (MW31aIM &7SO$r SOK cJ as a -oft' Alb re t , %,i6 fl EuJ,•Lf &%n -t'-5 0 60- '7t t5 ems• F c•V 2 rrftvm„%-- , t (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that It is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History , As -built Survey Photographs ✓ Maps _ Other Authorized Agents Signature Date A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) The application fee for items covered by this form is $250.00, ext ota,� 'se noted. 0108314 iPAYNIeN1t e iFERIFICATION PAID 258.88 Variance (KIBC 17.66.020) nes Paid in Full *411 Conditional Use Permit (KIBC 17.67.020.B) Kotiak island Boroug Other (appearance requests, site plap review, etc.) $75.00 Kodiak AK 9%15 5( Zoning change from 1 to (KIBC 17.72.030 and 030.C) 987) 486 -93324 /� our D I. CALL TO ORDER The regular meeting of the P1 7:30p.m. by CHAIR FRIEND Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 17, 2004 MINUTES Commissioners Present Jerrol Friend — Chair Cheryl Boehland Casey Janz David King Dennis McMurry Reed Oswalt IV. MINUTES OF PREVIOUS MEETING ng and Zoning. Commission was called to order at on November 17, 2004 in the Borough Assembly Others Present Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was established. Commissioners not present Gary Carver COMMISSIONER OSWALT MOVED TO EXCUSE Commissioner Carver. COMMISSIONER MCMURRY SECONDED the motion. The motion CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of the September 21, 2004 Planning and Zoning Commission special meeting as submitted. P & Z Minutes: November 17, 2004 Page 1 of 8 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site - specific standards such as setbacks. 17.66.050 A.5.That actio of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, the actions Pf the applicant have caused the special conditions for which relief is now being sought by variance. The 13.5 by 16 foot addition was constructed without benefit of zoning compliance or building permits which would have brought the 25 foot front yard setback to the attention of the applicant before the addition was constructed, thereby eliminating any perception of self - created hardship The intent of the KIB variance standards, and the applicable Alaska Statutes upon which they are based, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the RRl- Rural Residential One zoning district. The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: Dennis Cox. applicant: Spoke in support of his request. Hearing and seeing none. Public hearing closed. Regular session opened: T W The question was called, and the motion CARRIED, four yeas to two nays by roll call vote. Commissioners Boehland and Friend were the nays. C) Case 04 -012. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. P & Z Minutes: November 17, 2004 Page 5 of 8 VIII OLD BUSINESS STAFF indicated four (4) public hearing notices were distributed for this case with none (0) being returned. Staff recommended approval of this request. COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 21, Seaview Subdivison from I- Industrial to B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004; in support of this recommendation. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. . A) Appeal 04 -009. An APPEAL of an administrative decision, per KIBC 17.90.020A, issuing notice of violation to the owners of Bells Flats Subdivision, Block 7, Lot 17 for violation of KIBC 17.03.020, 17.03.060, and 17.03.080. (Postponed from October, 2004) Staff reported that a letter had been received from the applicant requesting withdrawal of the appeal. B) Chiniak Background Report - Town Meeting Review IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) New Assembly Roster B) US Army Engineer Fall 2004 Fact Sheet — Kodiak Update. C) Letter dated November 2, 2004 to Todd and Cecile Hiner from Michelle R. Stearns regarding notice of denial. P & Z Minutes: November 17, 2004 Page 6 of 8 I ✓ v a _ Ct CO m W • 1 O C W T cc d' m N • Is 17 " A J M W W CI Z c c 7 D LL m • N m K WC U W LL LL _ V D y W W . E O N J � 7 W 7 J Q ° 2 v 2 z e in - f I a�99999f_OHO E K co W 0 W m re E I O N J Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 16, 2004 ITEM NO. 13.A.1 Contract No. 2004 -57 Contract No. 2004 -57 to Anderson Construction for Construction of the Mission Lake Tide Gate — Project No. KIB 262 -268 for an Amount Not to Exceed $52,530.00. The History of the tide gate is well known. It was constructed after the tidal wave by the surrounding neighborhood due to the fact that the lake was now 5 feet lower (subsidence due to the earthquake) than before the event. What once was a fresh water lake became a saltwater lagoon. The tide gate and the spit of land that closed off the lake were constructed for a number of reasons. Residential access and floatplane use were just two. The tide gate is almost 40 years old and is in a state of disrepair. Repairs and maintenance of the tide gate over the 40 years can be attributed primarily to Norm Sutliff. His ability to maintain the tide gate and properly repair it has diminished with the years. The Borough has been providing maintenance since the early 1990's. The neighborhood petitioned to create a tide gate service area after their attempts to have the KIB take over responsibility failed. Neighbors feel that the lake is beneficial to a lot of the public (ice skating, canoeing, fishing) and that the public should participate in construction of the tide gate. Efforts to construct a new tide gate have led to the acquisition of $20,000 from the Soil and Water Conservation Service or by a grant from the federal government. The current approach by the KIB on the issue is that all costs (operation and maintenance is paid for by the service area. Bid documents were let and 3 bidders responded to the bid. Anderson Construction was the low bidder. APPROVAL FOR AGENDA: Recommended motion: Move to award Contract No. 2004 -57 to Anderson Construction for tide gate construction in an amount not to exceed $52,530.00. Assessed Value Cost to residents Interest Rate Number of years Payment Mill Rate B. $15,000 KIB Assessed Value Cost to residents Interest Rate Number of years Payment Mill Rate Payment Mill Rate MISSION LAKE TIDE GATE CONTRIBUTION Construction Costs = 55,000 A. $10,000 KIB Contribution Option 2,455,600 45,000 0.04 20 $3,311.18 0.00135 Contribution Option 2,455,600 40,000 0.04 20 $2,943.27 0.00120 1.35 mils 1.20 mils C. Reduction to 1 mil reduction ( $ 20.000 KIB Contribution) Assessed Value 2,455,600 Cost to residents 35,000 Interest Rate 0.04 Number of years 20 $2,575.36 0.00105 1.05 mils OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2004 - 57 THIS AGREEMENT, made this day of November, A.D., 2004, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Anderson Construction of Kodiak 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 Mission Lake Tide Gate 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 Fifty Two Thousand, Five Hundred and Thirty ($52,530.00) 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. Contractor's th of The Agreement entered into by the acceptance �� „��a�t�r's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 1 of 6 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 8. Standard Specifications Incorporated by Reference 9. Information for Bidders 10. Advertisement for Bids 11. Bid Form 12. Performance and Payment Bonds 13. Notice of Intent to Award 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregei -ng deeiments, bh° eenflict or insoncictcncy shall bo 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 March 30, 2005. Seeding must be complete by May 15, 2005. 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 \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 2 of 6 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, nor any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work to be done or materials to be furnished under this Agreement be assigned. 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 Anderson Construction, has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR ''''ff'',,+++' BaAJ By Pat Carlson Michael W. Anderson Borough Manager Title: Owner By Charles E. Cassidy Engineering /Facilities Director Attest: By Judith A. Nielsen Borough Clerk \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 3 of 6 GENERAL SPECIFICATIONS Contract No. 2004 - 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 under this Addendum 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. 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. Contractor's Liability: a) 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. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 4 of 6 b) vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. c) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of his'subcont'ractors 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: "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and /or Materials Change 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 Coumiercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law, Anderson Construction 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. Obligation when Performing Work Under AS 36.05 and AS 36.10: Before commencing work on site, the primary contractor must file a Notice of Work with the Department of Labor and Workforce Development. The Notice of Work form provided by the department lists the work to be performed under the public contract by each contractor who will perform any portion of the work and the contract price being paid to each contractor. The Primary Contractor shall pay a 1% filing fee for each contractor performing work on the contract. Filing fees shall include a fee of 1% of the contract price of work performed by the primary contractor's employees. The maximum filing fee for any project is $5000.00. Projects with a total contract amount payable by the contracting agency of less than $25,000 are exempt from the filing fee. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 5 of 6 Upon completion of all work on a public construction contract, the primary contractor must file a Notice of Completion with the Department of Labor and Workforce Development. The Notice of Completion form provided by the department lists all work and the contract price paid for work that was performed on the public contract by a contractor that was not already reported on the Notice of Work form. NOTE: Owner /Operators who do not have any employees on the public project are not listed as contractors on the Notices of Work or Completion and are not included in any fee calculations. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 6 of 6 Ac-re 0:622 C 10 v 0 .yam .yam-, •,.•. �`t>r. a+t"�'i... . ,., ...,._.. 3 I Meeting of: December 16, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.2 Contract No. 2004 -61 Contract No. 2004 -61 Legislative Consultant for the Kodiak Island Borough During the FY05 and FY 06 Legislative Sessions. This contract covers the FY05 and FY06 legislative sessions from January 1, 2005 through December 31, 2006. The fixed fee for the services will $35,000 per year, or a total of $70,000 for the contract period. APPROVAL FOR AGENDA: Recommended motion: Move to approve Contract No. 2004 -61 with Hickey and Associates for the period of January 1, 2005 through December 31, 2006 in an amount not to exceed $35,000 per year. AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES 1. Hickey & Associates (hereinafter the "Contractor ") agrees to represent the Kodiak Island Borough (hereinafter the "Borough ") from January 1, 2005 through December 31, 2006. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as events warrant is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $35,000 per year, or a total of $70,000 for the contract period. $25,000 of the annual fee will be payable on a monthly basis during the legislative session. The remaining $10,000 will be payable on a quarterly basis. Extraordinary out -of- pocket expenses defined as direct expenses for borough- directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the Borough Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7. The parties agree the contract may be terminated by either party, with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and the termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH HICKEY & ASSOCIATES Patrick S. Carlson, Borough Manager Mark S. Hickey, President Date Date Attest: Judith A. Nielsen, Borough Clerk Date Meeting of: December 16, 2004 APPROVAL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT Sc/ ITEM NO. 13.A.3 Contract No. 2004 -62 Contract No. 2004 -62 Purchase of Fire Safety Equipment - Bayside Fire Station In February, 2004, FEMA awarded a grant to the Bayside Fire Department to purchase equipment for Fire Operations and Firefighter Safety. The 5158,200 grant was subject to a 10% match by Bayside. Quotes were solicited for the needed equipment and reviewed and approved by the Service Area Board at their November 23, 2004 publicly advertised board meeting. The board recommends to the Borough Assembly to approve a purchase of the needed fire safety equipment from Eagle Enterprises Inc. in an amount not to exceed 5158,191.35. The next nearest vendor was Hagemeyer, North America, Inc in the amount of $187,830.05 Recommended motion: Move to purchase Fire Safety Equipment from Eagle Enterprises, Inc. in an amount not to exceed S158,191.35. Item Description Eagle Hagemeyer Young's Tundra 1 Scott Air Paks 60,835.00 73,600.00 n/a n/a 2 Air Pak Cylinders 26,812.80 32,300.00 n/a n/a 3 Scott Pak Alert SE 10,465.00 12,549.95 n/a n/a 4 Scott AV -3000 Face Pieces, Small 1,750.00 1,950.00 n/a n/a 5 Scott AV -3000 Face Pieces, Medium 2,625.00 2,925.00 n/a n/a 6 Scott AV -3000 Face Pieces, Large Scott Face Piece Bags 1,750.00 585.00 1,950.00 558.00 n/a n/a n/a n/a 7 8 Scott Multi -Wash 76.80 78.60 n/a n/a 9 Scott 742 1/4 Turn Adapter 1,000.00 1,000.00 n/a n/a 10 Scott 742 Multi- Purpose Cartridges 2,208.00 2,184.00 n/a n/a 11 Scott Soft Carry Case 680.00 730.00 n/a n/a 12 Fit Test Machine 7,900.00 10,152.70 n/a n!a 13 Test Bench 7,415.00 7,000.00 n/a n/a 14 Software and Tool Kit 1,699.00 n/a n/a n/a 15 Scott AV -3000 Spectacle Kit 540.00 540.00 n/a n/a 16 SCBA Thread Savers 318.75 318.75 n/a n/a 17 Cylinder Cart 1,286.00 1,500.00 n/a n/a 18 Compressor 18,214.50 21,516.30 22,812.00 37,237.00 19 Fill Station 6,077.00 6,976.75 6,808.00 incl. in 18 20 Cascade System 4,703.50 10,000.00 5945.00 incl.in 18 21 Installation, Training, and Travel 1,100.00 included included included 22 Shipping/Freight ' 150.00 • included 3,684.12 included TOTALS 158,191.35 187,830.05 40,249.12 37,237.00 BAYSIDE FIRE STATION FEMA FY03 ASSISTANCE TO FIREFIGHTERS GRANT #EMW- 2003 -05993 PRICE COMPARISON BY VENDOR PROVIDED QUOTES Meeting of: December 16, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.4 Contract No. 2004 -63 Awarding a Sole Source Contract to W.M. Smith and Associates, Inc. To provide Swimming Pool Sand Filter, Tanks, Pumps, Media and Chemical Controller and Miscellaneous Piping and Transportation to Seattle to Reconstruct the High School Swimming Pool. 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 a sole source award for parts to replace the primary filter system for the pool, including pumps, media, chemical controller etc. to expedite the ability for the school and community to utilize the Kodiak High School pool. W.M. Smith's $26,500 quote price is FOB Seattle. Additional transportation and installation is required. The total cost to perform all work needed to get the pool operational is between $70,000- $80,000. Most of that amount will be in labor to remove the existing filters. The filters purchased under this contract can be utilized, if need be, for the future pool. They are stacking filters made of fiberglass instead of metal filters that are presently failing. If there is a need for additional filters, others can be stacked in tandumed with these new filters. W.M. Smith and the KIBSD have worked together on the pool and specifically the sand filters over the years. They recommend W.M. Smith and contacted this firm for a quote. This contract includes the potential of a factory representative traveling to Kodiak to supervise the installation of filters as well as training of school district staff on the operation and maintenance of these filters. The cost of this sole source contract will not exceed S26,500.00 (includes freight, and supervision and training should we choose to utilize it. The Borough Engineering and Facilities Director recommends awarding a sole source contract to W.M. Smith and Associates, Inc. in an amount not to exceed $26,500. FISCAL NOTES: ACCOUNT NO: NA Expenditure Amount: $26,500 APPROVAL FOR AGENDA: Recommended motion: Move to award Contract No. 2004 -63 to W.M. Smith and Associates, inc. in an amount not to exceed $26,500. ITEMS 1. FILTERS a. 2 - horizontal tanks Model THS 3484 19 sf size 34 x 84 b. Filter Medium 3200# c. Piping 2. CIRC PUMP 3. CHEMICAL FEED a. Install control b. New chemical 4. NEW PIPE (Plumbing) 5. SUPERVISE INSTALL 5a. 1 day of instruction 6. LABOR 6a. Remove old filters& media 6b. Remove vic and pvc piping 6c. Install new filters 6d. Install new media 6e. install new piping 7. SEATTLE TO KODIAK .31 x 5000 lbs Contingency © 5% Grand Total KIB Cost Estimate to Repair Pool 12/10/2004 VENDOR W.M.Smith & Assoc Tundra Plumbing Western Pioneer COST $ 13,500 firm $ 500 firm $ 3,000 firm $ 2,900 firm $ 2,100 firm see above $ 3,000 $ 1,500 $ 40,000 est $ 1,000 frim $ 3,375.00 $ 3,375 $ 70,875 KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: ASSEMBLY- MAYOR MANAGER�OTHE'R 471/P at ASSOCIATES, INC, AQ UATICS Proudly Serving the Aquatic Industry for Over 30 Years! 800.426.9460 PO Box 398 Ellensburg, WA 98926 Fax: (509) 962 -4751 DATE: December 3, 2004 Greg Hacker FOR: Operations Supervisor Kodiak Island Borough School Dist. 722 Mill Bay Rd. Kodiak, AK 99615 FAX: 907 -486 -9280 Thank you for the opportunity to bid on swimming pool equipment. W.M. Smith and Associates, Inc. is pleased to offer the following price quotation: Qty Itern# Description Pri ce AMOUNT 2 Filter Pentair TH5 3484 with a total of 38 sq.ft. 6" diaphram valves w /face piping lote Piping pipe & filing & vales need to complete system 60 Media Vitro -cleAn 50 lbs. 1 Pump Pentair EQ 10 hp w /strainer 412 gpm at 80' 6 "x4" flange connection 1 Controller Chemtrol 250 w /flow cell and flow switch F.O.B. Seattle Dock weight of 4,000Ibs. To supervise installation 3 days Start-up and instruction 1 day *shipping is estimated and may change Shipping Est TOTAL FOB Seattle dock 26,500:00 Notes or Special Instructions: Owner to demo old filter and pump place equipment in room an d provide labor to install above equipment. Electrical by owner. See drawing of new equipment layout. Owner to provide transportation. Quotation Quotation # Quotation Expires: Payment Terms: Prepared by: March 3, 2005 Net 30 Wayne Smith If there are questions concerning this quotation or you are ready to place an order, please contact our Ellensburg office toll free at the 800 number shown above THANK YOU! 13,500.00 3,000.00 500.00 2,900.00 2,100.00 3,000.00 1,500.00 12/09/2004 15:28 9074871955 December 9, 2004 Kodiak Island Borough Atten: Bud Cassidy TUNDRA PLLHEING /HTGX TUNDRA PLUMBING & HEATING, INC 859 PanamarofCreek Or Kodiak Alaska 99615 907487-1991 Ph 907487- -1955 Fx trmdralgoinet 'Per Deans review of the swimming pool project, we have come up with a brief scope of work and a quote. Please note this is only for budgetary purposes and not a firm quote, due to the fact that Bob is out of town and could not estimate this project. Per attached scope of work, we will add pipe and fittings for all owner supplied equipment that we will be hooking up, demo as directed, haul demo materials to KIB landfill. t Estimated Quote: FOURTY THOUSAND DOLLARS AND 00 /00 Note: This scope of work does not include WM Smith quote. PAGE 02 Status Date Contractor task Remove old and re-pipe heat circ pump to provide 36 "+ access to mech room Make a settling basin in alley to prevent sand from going down drain Pump sand out of sand tanks to alley Repair sump pump discharge piping Demo sand tank pipe (keep scrap in old chem storage room until job is completed) Demo sand tank and remove scrap (KIB landfill) Demo existing pump pad ???Tanks and new pump arriv „ ? ?? Move filter media to old chew room Move tanks to pool mech and ' locate as per drawing Install new pump pad Install new pump /strainer Install new Chemtrol Install sand tanks - connect all piping (backflush/pump /strainer / Chemtrol flow cell/flow meter /flow switch/pressure gauges /sample line/tank vents and drains) Install pipe hangers and secure tanks to floor. Test system for proper operation - correct if required Remove•scrap pipe in old chem storage room (KIB landfill) 2 Status Date KIBSD Maint task Done 12/6/04 Get quote for equipment Done 12/8 /04 Provide plans to DEC for review /approval Done 12/9 /04 Get plans approved by DEC Deep clean pool/deck Inspect deck/grates/sikaflex Repair deck/grates/sikaflex as required Remove old acid barrels Clean-up loose items in mech room Clear pool deck (dive end) Demo old Chemtrol Re- attach electrical to sump pumps Seal Sump pump enclosure (top conduit fittings leak) Install new coils in sump pump controller Clean and paint walls and floor ?? ?Tanks and new pump arrive ? ?? Remove doors and handrails to pool mech room Install new Chemtrol Maint hook up elec to new pump and Chemtrol Install and fill new Acid barrels Fill pool to 60% Calibrate Chemtrol • Fill pool to 100% Bring pool water /air temps /water chemistry to spec Clean pool mech room Final touch -up cleaning of pool deck (Dive end) ?? ?Pool chem/temps/water chemistry up to spec ? ?? Provide sample to City of Kodiak for testing DEC inspection DEC Approval to operate Pool re-opening Touch -up paint on mech floor Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 16, 2004 A Joint Resolution of the Kodiak Island Borough Assembly and the Kodiak Island Borough School District Board Adopting a Memorandum of Understanding That Will Establish a Procedure for Governing the Accounting and Application of In -Kind Services APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2005 -10. ITEM NO. 13.B.1 Resolution No. FY2005 10 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -10 KODIAK ISLAND BOROUGH SCHOOL DISTRICT RESOLUTION NO. 045 -002 Introduced by: KIB & KIBSD In -Kind Commitee Requested by: KIB Assembly & KIB School Board Drafted by: KIB & KIBSD In - Kind Commitee Introduced: December 16, 2004 Adopted: A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT BOARD ADOPTING A MEMORANDUM OF UNDERSTANDING THAT WILL ESTABLISH A PROCEDURE FOR GOVERNING THE ACCOUNTING AND APPLICATION OF IN -KIND SERVICES WHEREAS, during the summer of 2003, the Kodiak Island Borough (KIB) and Kodiak Island Borough School District (KIBSD) commissioned an ad hoc committee of four members to jointly review and formulate draft policy concerning the in -kind contributions that are part of the annual local component of the funding of public education; and WHEREAS, the committee was made up of Kodiak Island Borough Assembly members Robin Heinrichs and Pat Branson, and Kodiak Board of Education members Norm Wooten and Jeff Stephan. Support staff from the Kodiak Island Borough (KIB) and the Kodiak Island Borough School District (KIBSD) assisted with research and materials; and WHEREAS, the goal was to establish common rules to govern the application of and accounting for the value associated with these in -kind services; and WHEREAS, the committee has done its best to address many of the chronic disputes relating to the accounting for in -kind services that have existed between the Kodiak Island Borough and the KIB School district for many years. The committee not only reached consensus on these issues, but also established a mechanism to deal with future disagreements; and WHEREAS, the committee was always mindful of the impact these deliberations might have upon the welfare of the Borough's public education program. This is especially important in light of the fact that the Borough has reached the State "cap" on local funding of education; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT BOARD THAT the following Memorandum of Understanding is hereby adopted to establish a procedure for governing the accounting and application of in -kind services. Kodiak Island Borough, Alaska KIB Resolution No. FY 2005 -05 & KIBSD Resolution No. 045 -002 Page 1 of 4 ATTEST: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004. Judith Nielsen, CMC, Borough Clerk ADOPTED BY THE MB SCHOOL DISTRICT BOARD THIS DAY OF , 2004. Sheila Roberts, Administrative Assistant KODIAK ISLAND BOROUGH Jerome Selby, Borough Mayor KODIAK ISLAND BOROUGH SCHOOL DISTRICT Scott Williams, Board President Kodiak Island Borough, Alaska KIB Resolution No. FY 2005 -05 & KIBSD Resolution No. 045 -002 Page 2 of 4 The purpose of this document is to clarify the application of AS 14.17.990(6) to the Kodiak Island Borough School District and the Kodiak Island Borough. The Kodiak Island Borough provides a number of services to the Kodiak Island Borough School District but accounts for these services in the Kodiak Island Borough budget and expenditure reports. This document defines those services and the common rules to govern the application of and accounting for the value associated with these in -kind services. In -kind services include: KODIAK ISLAND BOROUGH AND KODIAK ISLAND BOROUGH SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING IN -KIND SERVICES November 30, 2004 • Insurance Premiums: The actual cost of the insurance premiums is the amount of property and liability insurance the Borough pays for KIBSD buildings, vessel, vehicles and general liability. All of these expenses should be accounted as an in -kind contribution. • Mental Health Services: These services are provided by the Borough by contract to insure the access of high quality licensed mental health services for the students. Historic areas of concern involved the quality and cost of these services. There should be accountability provisions within the contract, but the cost of the contract would be accounted as an in -kind contribution to public education. • Allocation of MIS Expenses: These allocated costs to the KIBSD are for the provision of hardware, software, operational costs and technical support based on the proportion of the total cost for the Borough's MIS department. Based on past experience, the allocated cost for KIBSD will be the actual costs of direct services, plus a proportional share of the common charges as a percentage of system time, plus the loaded hourly rate for direct staff support. • Audit Expenses: This item is the actual cost of the KIBSD audit required by state statute. The borough provides this as part of a master contract with an auditing firm as part of the duties of running the central treasury. The KIBSD portion of this audit is to be fully applied as an in- kind contribution. • Allocated Costs of Grounds Maintenance: Historically, this category has been limited to expenses associated with snow removal and ice control within KIBSD parking lots. To insure cost efficiencies and safety, the Borough has administered this service under a master contract with a local snow removal contractor. The expenses associated with snow removal and ice control at KIBSD facilities Kodiak Island Borough, Alaska KIB Resolution No. FY 2005 -05 & KIBSD Resolution No. 045 -002 Page 3 of 4 are accounted for separately under the master contract. The allocated contract expenses for the KIBSD should be treated as an in -kind contribution. • Minor Maintenance: Minor maintenance has not been adequately defined by the State or by the local government. Minor maintenance is defined as maintenance and /or repair work costing less than $10,000 per occurrence per site. Painting of a classroom in a school would likely be minor maintenance. Painting of the entire interior of a school, or of several schools, would likely exceed the value limitation and be considered as a major repair. It is clear that minor maintenance could quickly become major repair if not addressed in a timely fashion. This would not be in the best interest of either the KIBSD or the KIB. The committee agreed that an annual maintenance program be developed through collaboration between the KIB Engineering and Facilities Department and the KIBSD Maintenance Department. The joint list resulting from this effort would be prioritized and submitted to both KIB and KIBSD by the end of April to become part of the annual budget process. Minor repairs that are taken from the mutually agreed list of projects for the fiscal year and are funded by the Borough would become part of the in -kind contribution. • End of Year In -Kind Accounting Adjustment: Before the end of May in each fiscal year, the KIB and KIBSD finance departments shall determine the actual costs of in -kind services for the year to date. The actual in -kind expenditures will be compared with the budgeted amounts, and any differences will be corrected by adjusting the cash appropriation from KIB to KIBSD. A standing committee is established comprised of members of both the Assembly and School Board to review issues where the two parties might disagree that a provided service should be included within the in -kind contribution as a component of the local funding of public education. The committee would recommend a resolution to such disagreements. The committee will also act as a forum to resolve other joint tasks or disputes between the two parties. Kodiak Island Borough, Alaska KIB Resolution No. FY 2005 -05 & KIBSD Resolution No. 045 -002 Page 4 of 4 KODIAK ISLAND BOROUGH AND KODIAK ISLAND BOROUGH SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING IN -KIND SERVICES November 30, 2004 The purpose of this document is to clarify the application of AS 14.17.990(6) to the Kodiak Island Borough School District and the Kodiak Island Borough. The Kodiak Island Borough provides a number of services to the Kodiak Island Borough School District but accounts for these services in the Kodiak Island Borough budget and expenditure reports. This document defines those services and the common rules to govern the application of and accounting for the value associated with these in -kind services. In -kind services include: • Insurance Premiums: The actual cost of the insurance premiums is the amount of property and liability insurance the Borough pays for KIBSD buildings, vessel, vehicles and general liability. All of these expenses should be accounted as an in -kind contribution. • Mental Health Services: These services are provided by the Borough by contract to insure the access of high quality licensed mental health services for the students. Historic areas of concern involved the quality and cost of these services. There should be accountability provisions within the contract, but the cost of the contract would be accounted as an in -kind contribution to public education. • Allocation of MIS Expenses: These allocated costs to the KIBSD are for the provision of hardware, software, operational costs and technical support based on the proportion of the total cost for the Borough's MIS department. Based on past experience, the allocated cost for KIBSD will be the actual costs of direct services, plus a proportional share of the common charges as a percentage of system time, plus the loaded hourly rate for direct staff support. • Audit Expenses: This item is the actual cost of the KIBSD audit required by state statute. The borough provides this as part of a master contract with an auditing firm as part of the duties of running the central treasury. The KIBSD portion of this audit is to be fully applied as an in -kind contribution. • Allocated Costs of Grounds Maintenance: Historically, this category has been limited to expenses associated with snow removal and ice control within KIBSD parking lots. To insure cost efficiencies and safety. the Borough has administered this service under a master contract with a local snow removal contractor. The expenses associated with snow removal and ice control at KIBSD facilities are accounted for separately under the master contract. The allocated contract expenses for the KIBSD should be treated as an in -kind contribution. Page 1 of 2 • Minor Maintenance: Minor maintenance has not been adequately defined by the State or by the local government. Minor maintenance is defined as maintenance and /or repair work costing less than $10,000 per occurrence per site. Painting of a classroom in a school would likely be minor maintenance. Painting of the entire interior of a school, or of several schools, would likely exceed the value limitation and be considered as a major repair. It is clear that minor maintenance could quickly become major repair if not addressed in a timely fashion. This would not be in the best interest of either the KIBSD or the KIB. The committee agreed that an annual maintenance program be developed through collaboration between the KIB Engineering and Facilities Department and the KIBSD Maintenance Department. The joint list resulting from this effort would be prioritized and submitted to both KIB and KIBSD by the end of April to become part of the annual budget process. Minor repairs that are taken from the mutually agreed list of projects for the fiscal year and are funded by the Borough would become part of the in -kind contribution. A standing committee is established comprised of members of both the Assembly and School Board to review issues where the two parties might disagree that a provided service should be included within the in -kind contribution as a component of the local funding of public education. The committee would recommend a resolution to such disagreements. The committee will also act as a forum to resolve other joint tasks or disputes between the two parties. This Agreement is hereby approved and adopted by both bodies on this day of 2004. KIBSD KIB KIBSD KIB Page 2 of 2 Introduction: During the summer of 2003, the Kodiak Island Borough (KIB) and Kodiak Island Borough School District (KIBSD) commissioned an ad hoc committee of four members to jointly review and formulate draft policy concerning the in -kind contributions that are part of the annual local component of the funding of public education. The committee was made up of Kodiak Island Borough Assembly members Robin Heinrichs and Pat Branson, and Kodiak Board of Education members Norm Wooten and Jeff Stephan. Support staff from the Kodiak Island Borough (KIB) and the Kodiak Island Borough School District (KIBSD) assisted with research and materials. The goal was to establish common rules to govern the application of and accounting for the value associated with these in -kind services. Background: KODIAK ISLAND BOROUGH AND KODIAK ISLAND BOROUGH SCHOOL DISTRICT JOINT AD HOC COMMITTEE REPORT ON IN -KIND SERVICES October 18, 2004 The need for this process arose from past confusion and disagreements over the proper method to determine and account for in -kind services. This was in large part a result of a lack of direction at the State level about how to implement the statutory requirement that the value of in -kind services be a part of a school district's annual report. The controlling statute is AS 14.17.990 (6), which states that local contribution "means appropriations and the value of in -kind services made to a district by the local city or borough." These terms are further defined as "appropriation," which is a combination of money appropriated to a district's school operating fund by the city or borough, and "value of in -kind services" as the value of in -kind services performed for a district by the city or borough as reported in the district's school operating fund. The definitions offer little guidance for the community, since, in many cases, a city or borough may perform services on the school district's behalf that the school district may not wish to include in their annual report. The cost to the community is still there, but the school district may not agree that the value should be counted as part of the local contribution to public education. When communities such as ours reach the funding cap, the proper analysis of and accounting for local funding contributions becomes critical. An understatement of in -kind services may result in the State withholding formula funding from the district. In the case of overstating the amount. the State may take away formula funding on a dollar- for - dollar basis. The stakes are high for both the Borough and the School District to accurately report the in -kind contributions as part of the local contribution to public. Page 1 of 5 In light of the history associated with the accounting for in -kind services, the Assembly and School Board felt the need to direct the in -kind committee to review the various categories of in -kind services and make recommendations to rationalize this accounting. The committee met numerous times and methodically reviewed and analyzed each of the in -kind categories. The conclusions of the committee are listed as follows: • Findings: The committee began by reviewing historic examples of in -kind contributions. The goal was to review the known history and to resolve any issues associated with past practices. The following is an outline of the review: • Insurance Premiums: Accounting for the actual cost of the insurance premiums is fairly straightforward. It is the amount of property and liability insurance the Borough pays for KIBSD buildings, vessel, vehicles and general liability. Since this is directly attributable to the School District's operation, it was agreed that all of these expenses should be accounted as an in -kind contribution. • Mental Health Services: These are provided by the Borough by contract to insure the access of high quality licensed mental health services for the students. Historic areas of concern involved the quality and cost of these services. The committee agreed that there should be accountability provisions within the contract, but that the cost of the contract would be accounted as an in -kind contribution to public education. • Allocation of MIS Expenses: These allocated costs to the KIBSD are for the provision of hardware, software, operational costs and technical support based on the proportion of the total cost for the Borough's MIS department. KIBSD is currently charged around 20% of the total budget. KIB covers the cost of a mainframe, custom KIBSD software and the proportional technical and operational service. Based on past experience, it was agreed that the allocated cost for KIBSD would be the actual costs of direct services, plus a proportional share of the common charges as a percentage of system time (please see "Attachment A" for current allocation), plus the loaded hourly rate for direct staff support. • Audit Expenses: This item is the actual cost of the KIBSD audit required by state statute. The borough provides this as part of a master contract with an auditing firm as part of the duties of running the central treasury. The annual audit is important to insure clear and direct oversight over both KIB and KIBSD operations. The committee agreed that the KIBSD portion of this audit is to be fully applied as an in -kind contribution. Page 2 of 5 • Allocated Costs of Grounds Maintenance: Historically, this category has been limited to expenses associated with snow removal and ice control within KIBSD parking lots. To insure cost efficiencies and safety, the Borough has administered this service under a master contract with a local snow removal contractor. The expenses associated with snow removal and ice control at KIBSD facilities are accounted for separately under the master contract. The committee agreed that the allocated contract expenses for the KIBSD had been appropriate in the past should be treated as an in -kind contribution. • Minor Maintenance: Minor maintenance has not been adequately defined by the State or by the local government. The committee discussed establishment of a threshold dollar value to help define this body of work. The committee agreed that minor maintenance would be that body of maintenance and /or repair work costing less than $ 10,000 per occurrence per site. Painting of a classroom in a school would likely be minor maintenance. Painting of the entire interior of a school, or of several schools, would likely exceed the value limitation and be considered as a major repair. It is clear that minor maintenance could quickly become major repair if not addressed in a timely fashion. This would not be in the best interest of either the KIBSD or the KIB. The committee agreed that an annual maintenance program be developed through collaboration between the KIB Engineering and Facilities Department and the KIBSD Maintenance Department. The joint list resulting from this effort would be prioritized and submitted to both KIB and KIBSD by the end of October to become part of the annual budget process. Minor repairs that are taken from the mutually agreed list of projects for the fiscal year and are funded by the Borough would become part of the in -kind contribution. Major repairs would not be part of the in -kind. calculation. • Crossing Guards: The committee agreed to not count this cost within the in -kind contribution and to not view this decision as establishment of any precedent relevant to future disputed services. • Disputed Services The committee discussed where the School District and the Borough might disagree that a provided service should be included within the in -kind contribution as a component of the local funding of public education. The committee determined that a standing committee comprised of members of both bodies should be established to review these issues until a resolution is reached. In addition to a review of the historic examples of in -kind contributions, the committee attempted to address other situations that might impact the in -kind contribution calculation. Of particular interest was the subject of joint use of school facilities. The following is a recap of one example of a joint' use of a school facility: • Allocation of School- related Swimming Pool Expenses. The high school swimming pool is used as part of the instructional program. Other members of the community not associated with a school program also use it. The School District maintains that the non - curricular use of the pool should not be funded on the back Page 3 of 5 of the KIBSD budget. Identification of the operational costs associated with each use is difficult since the utility systems for the pool are not separate from the rest of the high school facility. The committee agreed that swimming pool operational expenses associated with school programs and instruction will be funded within the KIBSD budget. Expenses associated with swimming pool operations not related to the instructional program should not be borne by the KIBSD operational budget and should not be part of an in -kind calculation. The committee agreed that the KIB and KIBSD staff should work to determine an equitable allocation of the pool expenses that are not related to instruction use of the pool. Funding for these expenses should be provided outside the KIBSD budget. The KIBSD committee members were asked if the School District believed that other joint use situations should be examined. KIBSD has the ability to charge for other facility usage through the Community Schools program. Therefore, the swimming pool was the only significant example of a joint use that placed a burden upon the School District budget. Summary and Recommendations: It is clear that this process has been good for both the Borough and the School District. Even though informal, it allowed for relatively quick and constructive dialogue with all participants working towards a common goal of reducing confusion and achieving a higher level of predictability for KIBSD funding and the budgets for each entity. The discussion was straightforward, centering on services that are bid or direct cost items like audit or insurance. Allocated costs were more complicated to analyze. The principle issue with allocated costs is the overall fairness of the allocation. Issues like minor maintenance will require continued dialogue and discussion. Nevertheless, a program was set forth to bring some structure to the process of identifying maintenance project timeframes and documentation for inclusion within the annual budgets. In addition to the review and establishment of policy relating to historic and foreseen practices of in -kind contribution accounting, the committee agreed upon several recommendations to the parent governing bodies. • Establish the practice of "calibration" of the annual Borough in -kind contribution. Simply put, this would require an annual audit of the actual in -kind expenditures. The calibration would also require that a percentage of the local contribution to public education be retained to be used in a final reconciliation of the actual in -kind contribution. The actual costs of in -kind services would be compared with the budgeted amounts for the year. If the audit revealed that the Borough had not expended the budgeted amount, the Borough would remit the difference to the School District in cash. If the Borough expended more than the budgeted amount, the Borough would reduce the retained funds by the amount of the over - expenditure. The actual amount of the retained funds would be negotiated between the Borough Manager and the School Dis Superintendent. In this way, the School District would receive the exact amount of local contribution represented by the Borough budget. This process should eliminate the danger of the State auditing the actual in- kind expenditures and reducing the formula payment as the result of an overstatement or understatement of Page 4 of 5 local contribution. The reconciliation of the actual in -kind contribution shall be completed by the 30' of July following the close of the fiscal year. • Establish this committee as a standing committee of the two parent organizations. The purpose of the standing committee would be to review future disputes related to in- kind contributions and to act as a forum to resolve other disputes between the parent elected bodies. The committee was of the opinion that the small size of the standing committee would be more conducive to conflict resolution and productive joint tasks. Conclusion: The committee has done its best to address many of the chronic disputes relating to the accounting for in- kind services that have existed between the Kodiak Island Borough and the KIB School district for many years. The committee not only reached consensus on these issues, but also established a mechanism to deal with future disagreements. The committee was always mindful of the impact these deliberations might have upon the welfare of the Borough's public education program. This is especially important in light of the fact that the Borough has reached the State "cap" on local funding of education. This report is respectfully submitted to the Kodiak Island Borough Assembly and the Kodiak Island Borough School Board for consideration and adoption. We urge the governing bodies to include the provisions of this report within a Letter of Understanding to be adopted by both the MB and the KIBSD. This Letter of Understanding will establish a procedure for governing the accounting and application of in -kind services. Respectfully submitted, Norm Wooten RobitS"Heinrichs KIBSD KIB Page 5 of 5 (4•( / ee;,. L G.1 t Branson KIB Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 16, 2004 Adopting a Capital Improvement Program for Fiscal Years 2005 -2009 and Establishing a Capital Improvement Projects Priority Lists. This Resolution is to adopt the KIB CIP list for FY 2005 -2009. For reference the following are attached: 2004 City of Kodiak's State and Federal CIP lists 2003 -2007 City of Port Lions' CIP list 2004 -2009 City of Ouzinkie's CIP list APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2005 - 11. ITEM NO. 13.B.2 Resolution No. FY2005 11 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -11 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2005 THROUGH 2009AND ESTABLISHING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2005 through 2009 and WHEREAS, the Kodiak Island Borough's Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2005 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Assembly held a public meeting on the five -year Capital Improvement Program, including the priorities, during it's meeting on December 16, 2004; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's capital improvement project priorities for fiscal years 2005 through 2009 are as follows: TRANSPORTATION PROJECTS 1. Anton Larsen Bay Floating Dock Repair 2. Mill Bay - Rezanof- Woodland Drive Intersection Review 3. North Star Elem. Bike Path Construction Lighted Safety Project /Accesibility 4. Otmeloi Road Repair and Paving 5. Pave Puffin Way 6. Pave Sharatin Road 6. Pave Lilly Drive 7. Pave Antone Way 8. Anton Larsen Bay Road Repair & Extension to Ice Free Port 9. Monashka Bay Ramp Design 10. Pasagshak Boat Harbor Permit & Design 11. Pave Woodland Acres 3' — 8 Additions 17 P e r en n ae flri to Chnrntin rnnctri irtinn FACILITY PROJECTS 1. School Facility Earthquake Resistance Evaluation 2. Chiniak Library Demo & Tsunami Shelter Upgrades 3. Landfill Lateral Expansion Design 4. Landfill Lateral Expansion Construction 5. Kodiak College Vocational Technology Addition Phase I Introduced by: Admin. Official Cassidy Requested by: Admin. Official Cassidy Drafted by: Admin. Official Cassidy Introduced: 12/16/2004 Amended: Adopted: $ 10,000 $ 25,000 $ 200,000 $ 1,500,000 $ 200,000 $ 250,000 $ 400,000 $ 350,000 $ 21,000,000 $ 300,000 $ 300,099 $ 850,000 $ 190,nnn $ 500,000 $ 150,000 $ 250,000 $ 4,524,000 $ 10,000,000 Kodiak Island Borough, Alaska Resolution No. FY 2005 -11 Page 2 of 2 6. Borough Facilities Asbestos Abatement 7. School Over & Under Pedestrian Crossings 8. Borough Building Renovation 9. Central Solid Waste Transfer Stations Planning & Design 10. Kodiak Fisheries Campus Phase 111 Design & Site Work 11. Maritime Museum Feasibility Study 12. Peterson School Parking Lot Paving 13. Middle School Access Road Paving 14. High School Parking Lot Repaving 15. Armory Relocation Plan & Preliminary Design 16. Chiniak Tsunami Shelter Addition 17. Kodiak College Community Vo -Tech Building Phase II 18. Kodiak College Campus Dormitories RECREATION & CULTURE PROJECTS 1. Borough Trails Master Plan 2. White Sands Beach Park Upgrades 3. Island Lake Park Dock & Parking 4. BMX Bike Street Course 5. Mill Bay Beach Park Handicap Access & Upgrades 6. East Elementary Softball Field Upgrades 7. ATV Recreation Park 8. Community Softball Fields Study & Design 9. Kodiak Rodeo & State Fairgrounds Improvements ATTEST: Judith A. Nielsen, CMC, Borough Clerk 1,800,000 100,000 2,500,000 300,099 2,500,099 50,099 215,200 45,000 1,237,200 250,099 250,000 10,000,000 3,500,000 50,000 50,000 75,000 60,000 50,000 25,000 200,000 100,000 100,000 Section 2: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 KODIAK ISLAND BOROUGH Jerome Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY 2005 -11 Page2of2 Resolution 04-6 Page 1 of 2 CITY OF KODIAK RESOLUTION NUMBER 04-6 CEIVE DEC 1 0 2004 BOROUGH CLERK'S OFFICE A RESOLUTION OF TILE COUNCIL OF THE CITY OF KODIAK ADOPTING A PRIORITIZED STATE CAPITAL IMPROVEMENTS PROGRAM LIST WHEREAS, the City of Kodiak's Comprehensive Capital Improvements Program Plan identifies the foreseeable capital improvement needs of the community; and WHEREAS, the Capital Improvements Program Plan plays a vital role in directing the City of Kodiak's administration and is utilized for long -range planning and policy setting for City infrastructure maintenance and enhancement; and WHEREAS, the Kodiak City Council has identified and prioritized capital improvement projects for submission to the Alaska State Legislature for funding consideration due to their significance and/or magnitude; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that the following items are considered of primary importance and are hereby adopted as the fiscal year 2005 City of Kodiak state capital improvement project list: 1. New Community Jail and Juvenile Holding Facility $3,500,000 The Kodiak Jail is the oldest contract jail facility in the State of Alaska, dating back to the latter part of the 1940's. The facility sits at the waterline of the 1964 tsunami. The 16 -bed facility is in poor condition due to its age. The jail maintains a steady average of 70% plus occupancy. In addition, the current facility cannot be used to hold juveniles. The City is interested in constructing a new jail facility in conjunction with the construction of a new multi-use municipal facility. Such an approach will likely reduce the construction cost of the jail and juvenile hold portions of the building. 2. Design and Engineering of a New Ferry Dock and Terminal $1,000,000 Kodiak's current ferry dock is too small. The M/V Tustemena is 89 feet longer than the dock and she encroaches onto several pieces of privately -owned property when she is at the dock. In addition, there is an insufficient staging area for vehicles waiting to load. Queuing for the M/V Tustemena takes place on City streets in the heart of downtown Kodiak. The current facility, a wood pile- supported structure, is 40 years old and by today's standards has already outlived its design life. The newest addition to the Alaska Marine Highway System fleet, the M/V Kennicott, which serves Kodiak throughout the year is unable to dock at the current facility and has to use another City dock, some distance from the upland terminal, for loading and unloading. The current, aging facility needs to be replaced to provide the Kodiak community /region with adequate docking and support facilities for Alaska Marine Highway System vessels, our link to the continental surface transportation system. This project will provide for site selection, design, and engineering of a new ferry terminal and dock in Kodiak. , 3. UV Water Treatment Facility $5,000,000 The federal Enhanced Surface Water Treatment Rule will require all unfiltered water surface systems to use a minimum of two disinfectant methods. The City of Kodiak is in the process of completing a feasibility study of the different treatment methods available to us. Based on a number of factors, including our water quality and the federal "disinfection by- products" rule, the study results indicate that UV disinfection is the most appropriate secondary water treatment option for the City. This project will provide for site selection, design, engineering and construction of a UV disinfection treatment facility for the City's potable water system. 4. Replacement Ambulance $170,000 It has been a long- standing goal of the City of Kodiak to replace our ambulances every ten (10) years. Medic II is a 1991 vehicle that will have been in service for almost fifteen years by the time it is replaced. Medic 11 needs to be replaced in order to ensure that the regional ambulance service, operated by the City of Kodiak, is able to provide an adequate level of service. 5. Design and Engineering of Replacement Multi - Sports Field and Track $200,000 The City of Kodiak owns and operates the largest multi- purpose sports complex in the region. Baranof Park supports the only running track in the region. The in -field of the track is used for a wide variety of field sports and activities. The track, constructed in 1988, has reached the end of its useful life and requires significant maintenance to ensure its usability. The in -field is seeing increased use every year and requires drainage management and surfacing to support current and increasing use. This project will provide for the design and engineering of the replacement of the Baranof Park multi -sports field and track. Resolution 04-6 Page 2 of 2 CITY CLERK CITY OF KODIAK Adopted: February 26, 2004 CITY OF KODIAK RESOLUTION NUMBER 04-7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK ADOPTING A PRIORITIZED FEDERAL CAPITAL IMPROVEMENTS PROGRAM LIST WHEREAS, the City of Kodiak's Comprehensive Capital Improvements Program Plan identifies the foreseeable capital improvement needs of the community; and WHEREAS, the Capital Improvements Program Plan plays a vital role in directing the City of Kodiak's administration and is utilized for long -range planning and policy setting for City infrastructure maintenance and enhancement; and WHEREAS, the Kodiak City Council has identified and prioritized capital improvement projects for submission to the Alaska Congressional Delegation for funding consideration due to their significance and/or magnitude; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that the following items are considered of primary importance and are hereby adopted as the fiscal year 2005 City of Kodiak federal capital improvement project list: 1. New Ferry Dock and Terminal $7,500,000 Kodiak's current ferry dock is too small. The M/V Tustemena is 89 feet longer than the dock and encroaches onto privately -owned property when at the dock. In addition, there is an insufficient staging area for vehicles waiting to load. Queuing for the M/V Tustemena takes place on City streets in the heart of downtown Kodiak. The current facility, a wood pile- supported structure, is 40 years old and, by today's standards, has already outlived its design life. The newest addition to the Alaska Marine Highway System fleet, the M/V Kennicott, which serves Kodiak throughout the year, is unable to dock at the current facility and has to use another City dock, some distance from the upland terminal, for loading and unloading. The current, aging facility needs to be replaced to provide the Kodiak community /region with adequate docking and support facilities for Alaska Marine Highway System vessels — our link to the continental surface transportation system. This project will provide for site selection, design, engineering, and construction of a new ferry terminal and dock in Kodiak, Alaska. 2. Emergency Operations Center $1,500,000 The City of Kodiak and the Kodiak Island Borough do not have a functional Emergency Operations Center. The need for such a facility has become even more apparent with the need for municipalities to focus on homeland security. The City of Kodiak is in the process of designing a new municipal building that will provide new, appropriate space to house the City of Kodiak Police Department, Fire Department, regional dispatch center, and a purpose -built regional emergency operations center (EOC). Due to current technological requirements, it is estimated that the EOC portion of the building will cost $1.5 million. Due to our high risk of Resolution No. 04-7 Page 1 of 2 natural disaster, and our increasing potential as a weapons of mass destruction target, an adequate EOC is essential for the Kodiak community. 3. Replacement Fire Engine $450,000 One of the City of Kodiak fire engines is a 1986 pumper that is reaching the end of its useful life. This engine is an essential component of the City's emergency response fleet. The cost to replace this emergency response vehicle, compatible with our exiting fleet, is $450,000. 4. Fire Department Heavy - duty Rescue Vehicle $500,000 The City of Kodiak does not have a heavy -duty rescue vehicle in its emergency response fleet. • With the increasing emphasis on preparation for all emergencies, including weapons of mass destruction and other risks to homeland security, this vehicle becomes an important component of an emergency response fleet. A heavy -duty rescue vehicle carries specialized rescue equipment (e.g. confined space, rope rescue, water /ice rescue, building collapse, and heavy duty extrication). 5. Law Enforcement Technology Upgrades $100,000 These funds will allow the City of Kodiak to upgrade the Kodiak Police Department's records management system to enhance the security features that protect confidential and sensitive data. The funds will also allow the City to develop and implement a portable platform that allows officers in the field to access law enforcement records, court records, digital images of wanted subjects and probationers, local emergency operation plans, Kodiak Police Department policies and procedures, emergency response floor plans for government offices and school buildings, and electronic versions of local map books. A ready field reference of emergency operation plans as well as floor plans, etc. will especially benefit law enforcement operations in homeland security response situations. 6. Water Line Connection with U. S. C. G. Base $10,000,000 The City of Kodiak and the Unites States Coast Guard have independent water systems, while the City of Kodiak has some redundant components in the water system, not all parts of the system have a back -up capacity. The United States Coast Guard water system has virtually, no system redundancy. In this time of heightened risk, an inter -tie between the two waters systems will provide 100% redundancy on a system -wide basis. There are technical and administrative challenges to tying the two water systems together, but the benefits outweigh the challenges. During this time of uncertainty and heightened security, an inter -tie of these two water systems provides added protection for the United States Coast Guard and the City of Kodiak. ATTEST: Resolution No. 04-7 Page 2 of 2 10 7, - t4 AL- CITY CLERK CITY OF KODIAK kt/4✓ °Z. 7 !� MAYOR Adopted: February 26, 2004 SENT BY: CITY OF PORT LIONS; January 28, 2004 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 ATTN: Pat Carlson Kodiak Island Borough Manager 9074542420; JAN -29 -04 3:45PM; PAGE 2 City P.O. Box 110 Port Lion. Alaska 95 0 50• Pho Lions �s l 454-2332 x 00 Fa Office E -mail: citYOfPurWossahotmallsom Dear Pat, Thank you for the information you provided me regarding our public dock facility here in Port Lions. You mentioned that one way the borough could help the City out is with a letter of support. We would greatly appreciate receiving a support letter from your office regarding this important issue for our community. Our Mayor, Helen Harris will be leaving for Washington, DC on February 6, 2004. We would like to have your letter before that time to add to her packet. In the Alaska Marine Highways 2001 shore facility report, they list Port Lions as the second busiest port of call along the southwest route. They also list the actions required in order to keep ferry servile for Port Lions. To quote this report, "The overall condition of this dock facility is poor and close to being given a failed condition for continued AMHS vessel operations ". The City of Port Lions is determined to keep Ferry Service Sr our community. Our Dock Facility is also vital for fuel, groceries, freight of all kinds, and commercial fishing. We must repair or replace this facility in the near future. We would really appreciate it if you could keep in touch with this office if you become aware of anything that might help us in our endeavor to upgrade our dock. As our community is included in the Kodiak .Wand Borough, it would be ow hope that your office would be an advocate fur this very important project You also spoke of a borough wide CIP list that you would like to put together for next year. Please keep us advised of what we need to do to get our projects added to this list Thank you for your time and assistance in this matter. Sincerely, Kathryn Adkins Deputy Clerk, City ofPort ions SENT BY: CITY OF PORT LIONS; 9074542420; JAN -29 -04 3:412PM; PAGE B/12 4S ie 01 th o 8 0 C 0 O 4 44 N .N O 01 0 0 O H O O 0 8 0 O 0 O O 0 a co M O O }x O O O p ld► 44 M 4. 8 88 8° g 0 SENT BY: CITY OF PORT LIONS; Y9 w Q .7 g, irt tth Fog pit [ 11! ' egos � 8 c4.5 1111 latt pp, lit U. Irtiv '"`iii p82. s i (R E tsisi wrm R 74 1 ° Efi �w. a 1 114 r. O w ?Rig 9074542420; JAN -29 -04 3:46PM; PAUL (114 OCIVI OT: %111 Ur rani LLUIYOj tlU /4U4C4LU, JMO -Gtl-V4 d.4/rm3 rnuc u / IC DCNI DT: l/111 yr run' LSVIOT OVIYVy V1111 'IVV V/ la SENT BY: CITY OF PORT LIONS; 9UI4 4 4zu; JAN-4W O:4IrM rnuc ye p G 0 btNl OT: VlIT Ur rum LIVNa; and [ pieta 5 2,1. 1 lett— gieCn R �m Rig Y g.P, ; t tir tlV 1404Z4ZVj JAN-‘W-V4 0:4 /rM; rMue 1 1 / 1 e vi. vuS W1 1 �...�..� H f; Min in d Ir fl ° a gitil girt 29 r itil 1 m "! 9 . g li; g ts ifi 0 $ 41' tfa ngf ilia 920 WV ligme ' § a g et 1 II R Efr R I fit 9 151 0 FI OA IP : wIll q. E F611 i it Eli §1•/ � d �i a v �• m ii, H o M C y R 4A y a p' W U ,o Lci �� {p8. Q.V. p pp A :J y . O P O1 I' s. ZtO ont II 1.10 ^ G' C ' � ji n t, t is H III P I d 1 i il 9 101 i .. Lipp Lit I 1 FROM : CITY OF OUZ I NK I E CITY 01 °Waal 3 114I I T 1' 0 BOX 109 02.17INKIE, ALAKSA 99644 PHONE ft (907) 660.2209 71)( sg (907) 680.2273 SEND TO 2 35 1 4 — • i lI MI MeV t -- V [ ( n ReplyASAP rota! negos, including Myer. COMMENT PHONE NO. : 907 680 2223 Dec. 14 2004 02:06PM P1 FAX COVER SHEET rwasc Comment Please review [11 For y th FROM : CITY OF OUZINKIE IN WITNESS THERETO: ATTEST: [� BY: Linda Getz, City Clerk PHONE NO. : 907 6BO 2223 CITY OF OUZINKIE RESOLUTION 2004 -14 ' A Resolution of the Ouziukie City Council Approving the 2004 to 2009 Five Year Capital Improvement Program for the City of Onzinkie. WHEREAS, the Ouzinkie City Council has evaluated the Capital Improvement needs of the City of Ouzinkie and developed a Capital Improvement Program to address these needs; and WHEREAS, the Capital Projects included in the attached Capital Improvement Program List are necessary to improve the health, safety and well being of the residents of Ouzinkie, Alaska NOW THEREFORE BE IT RESOLVED that the attached Capital Improvement Program List establishes the 2004 -2009 Capital Improvement Project Priorities %r Ouzinkie, Alaska. PASSED AND APPROVED by the Ouzinkie City Council on this 2day of OG +o ber 2004. Dec. 14 2004 02:07PM P2 FROM : CITY OF OUZINKIE C PHONE NO. : 907 680 2223 Dec. 14 2004 02:07PM P3 CITY OF OUZINIQE CAPITAL IMPROVEMENTS LIST FY 2004 -2009 Power Generation Efficiency Upgrade 5642,000 Recent world changes having substantially changed cost of fuel for generation of electric power. Past management practices emphasized highly both efficiency and maximum utilization of hydro electric generation in combination with diesel electric generation. A evaluation Of existing power generation and distribution systems in Ouzinkie by representatives of the Alaska Energy Authority, CRW Engineering GroupLLC, Polarconsult Inc. Engineering, and the Rural Energy Group have indicated that improvements in efficiency may be obtained with subsequent gains is utility sustainability. ❑ The improvements have been identified as install new diesel generators in existing plant that are sized for fuel efficient generation of existing loads and/or co-generation with hydro plant. ❑ Refurbish existing power plant switch gear. ❑ Install head level control between dam and hydro plant. ❑ Maximize hydro efficiency with hydro plant maintenance services. ❑ Reduce system reactive loads with transformer upgrades. ❑ Install updated SCADA and hydro control software package. Expected improvements include lower costs of generation, improved efficiency of generation with lower dependence upon diesel generation, service delivery to customers improvements, stability of rate structure to benefit customers and business operation. The above improvements are indicated with City Council Approval in consideration of changes to the regulatory treatment of grant - funded plants to attain long -term sustainability under AS 42.05 1 FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Dec. 14 2004 02:00PM P4 Phase Four Water Storage and Treatment S1,950,000 The City of Ouzinkie has in place a 'UTILITY MASTER PLAN. This plan identifies the needs of the community, present and future for the protection of community health and regulatory compliance. This project addresses Phase Four as outlined in the Utility Master Plan. Review and inspection of existing water treatment plant and equipment by ANTHC Engineering staff and review of existing deficiencies by sanitarian staff have indicated that a new water treatment plant is the most cost effective means of addressing existing deficiencies and future needs. This phase also indicates that construction of a new water stand pipe would provide compliance with chlorine contact time regulations. Provision is also made for a new sewage vacuum pumper truck to effectively operate and manage the sewage collection and treatment facilities constructed in phases 1, 2, and 3. ■ Industrial Area Development Replacement Dock $5,727,000 A new replacement dock at Ontinide, designed with steel bulkheads, dolphins, and filled with local rock would be virtually maintenance free. The design would create a flat and therefore desirable industrial area at tidewater. Maintenance and insurance would be paid for by fees for moorage, boat haul -outs, commercial fishing gear storage, and shore based support services. Sustainable employment would be created from the following; • Docking Cruise Ships and Alaska Marine Highway System Ferries • Shore -Side Tourism Development • Shore -Side Repairs and Maintenance of Commercial Fishing and other Vessels • Shore -Side Fish Freezing/ Processing for Export • Alternative Port for U.S. Coast Guard and U.S. Navy Seals Staging Area, both for Navy Seal training exercises and Homeland Security needs. Ouzinkie has lost 20% of it's population in the past ten years, due to lost access to local fisheries by Limited Entry and other fishing regulations. Wild salmon prices have declined. For over a hundred years, a fully employed community in the fishing and related industry, Ouzlnkie is now FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Dec. 14 2004 02:08PM P5 identified as a distressed community. The physical location of existing facilities is alongside the Ouzinkie Narrows, the main channel between Kodiak and the Pacific Rim shipping. Local development features include lodge access, whale viewing charters and other environmental sound enterprises, as well as salmon fishing and bear viewing charters. Substantial initial investment by the Ouzinlde Native Corporation has paid for preparation of preliminary design and budget. Ouzinkie Native Corp is ready to donate land, rock, and tideland permits. This project has support from the City of Ouzinkie, Ouzinkie Tribal Council, Ouzinidc Native Corporation, and all three organizations have representatives on SIDCO's board of directors. SIDCO is a non - profit 501 -(c) entity formed by the community for purpose of this development. New John Deere Tractor with Backhoe $135,000 Ouzinkie in the past 21 years has been an active community with numerous projects for the benefit of the health, well fare, and community development. The present equipment, a John Deere 4503 is not useable due to a broken transmission. Previous to this the City spent $15,000 replacing parts on the undercarriage and tracks to try to make this equipment useable for the phase one sewer project. Following these repairs the transmission broke, and the repairs expense exceed what is reasonable to spend on this age of machine. The City needs this equipment to address the above mentioned sewer project construction needs. Phase one of the sewer upgrade alone calls for installation of 1700 feet of new sewer line, and phase two will have an equal amount of needs for a track equipment with blade and backhoe. The size of the John Deer is better suited for work on sewer service lines for in residential yards than the larger track hoe's used for installation and construction of sewer mains. This is cost effective as there is less damage to individuals landscaping that needs restoration. Additionally this equipment is needed for use in the graveyard where space is constrained. Maintenance of the landfill is another area of use. All of these items have suffered neglect of proper maintenance or use of alternate methods that are not cost effective. FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Dec. 14 2004 02:09PM P6 Fire Hydrant Replacement and Addition 5100,000 A place ont survey of equipment ability ment presenttl provide fire protection indicates installed is indicated. In many eases additional he older devises are a source replacement contribution presently of leaks ciution to higher cost of water treatment plant operation from wasted chlorine, fluoride, and replaceable filters. In sufficient hydrants result in unacceptable delays with responses to life and property situations. Landfill Maintenance Equipment 5 in order to process the large pieces of metal and tires at the dump a hydraulically operated shears is available as an accessory to the presently owned Linkbelt Crawler Excavator. This devise would replace on a temporary basis the present bucket and thumb, and allow cutting up of large metal pieces. This would allow reduction of the mass of metal at the present pile. In turn this would contribute to the ease of shipping these metals back to the regional center for recycling and processing as outlined in the Kodiak Regional Waste Management Plan. Alternative Energy Wind Generation $250,000 Ouzinkie has utilized alternate energy with the use of hydro power for 15 years. This has worked well for the community, been a large savings of fuel vs diesel generation. The community wishes to enhance this component of our generation facilities with the addition of wind power. Spruce Island is located in an area with high potential for wind generation. The project is expected to take four phases to be incorporated into the present grid. FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Dec. 14 2004 02:09PM P7 Phase one: Analyze the two years of wind data collected in the process of site investigation for the new air port. Expected expense 510,000 Phase two: Construct a site specific data collection wind tower for sizing of wind generation tower and generator. Expected expense 510,000 Phase three: Construct and install generator and tower of estimated size of 50 KW. Expected expense $100,000 Phase four: Install power control equipment to integrate equipment into the present grid utilizing the hydro/ diesel combination of generation. Expected expense 525,000 Phase five: Design and engineering, installation of SCADA computer controls and programable logic controllers Expected expense 5105,000 City Office Administration Building 5250,000 The present building is very crowded. Conducting business in an environment with multiple activities is difficult. The present building is estimate at least 90 years old. We have several different departments worldng in an open area causing a high level of noise and conflicts for the use of available space. Maintenance expenses are becoming a significant yearly budget item. Foundations beams and supports have dry rot. Tourism and Economic Development 5200,000 The City of Ouzinkie has many trails and recreational spots that have been in existence since time immemorial and should be taken care of. Scenic outlook viewing shelters, fire pits, benches, outdoor toilet facilities, trail maintenance, small bridges, and camping facilities would contribute to the development of tourism and economic development. In addition a concrete ramp and float for loading and unloading, launching and removal of skiffs and large water craft would enhance the downtown water -front area. The present beach allows this activity only during certain portions of the tide. Addition of this feature would 5 FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Dec. 14 2004 02:10PM Pe remove some of the pressure expected for harbor space while the City is operating this facility. This would create a central place where Charter Boats could pick up or drop off their clientele for excursions around the island - This would he an area where tourists could walk around and take in the boardwalk and store. From the downtown area it is a short hike to the Sourdough Recreation Area. Improved Access to Hydro Electric Plant 5135,000 The present trail to access the hydro electric station is limited to the use of ATV machinery. Mud, snow, and other conditions make access impassable at times. ft is anticipated that future location of ozone treatment would be sited at the hydro station and would entail daily monitoring of equipment. Increased access to the station in light of upgrades to the electric distribution system require this access. The need is a narrow gravel surfaced road suitable for equipment and four wheel drive pick up size equipment. Outdoor Recreation Facility SI 00,000 The community needs an outdoor recreation site. A place where activities such as baseball, volleyball. basketball, tennis, track, etc. can be conducted. The facility could also include a camping and barbecue area for community events or visitors FROM : CITY OF OUZINKIE PHONE NO. : 907 680 2223 Heavy Equipment Storage Building $250,000 Dec. 14 2004 02:10PM P9 A building to store and work on the City's heavy equipment is needed to save the City expenses due to weather deterioration. The location of Ouzinkie on a peninsula by the ocean leads to heavy exposure of salt spray. Consequently the City equipment suffers unnecessary deterioration due to rust. At risk due to improper storage and ocean salt deterioration is a 550,000 bucket truck, S 50,000 dump truck, 5100,000 Linkbelt crawler excavator, a planned acquisition of 5200,000 sewage pumping truck, 520,000 welding and cutting equipment, landfill maintenance equipment (drum crusher) 515,000 and miscellaneous other equipment that is presently suffering deterioration due to improper storage in a marine environment. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 4, 2004 ITEM NO. 13.C.1 ORDINANCE NO. 2004 -106 Ordinance No. 2004 -10B Amending Ordinance No. 2004 -10 Fiscal Year 2005 Budget Moving Funds from the Facilities Fund to the Borough Capital Projects Fund (Fund 410) to Pay for Swimming Pool Repairs And to Fund a New Tide Gate at Mission Lake. This Ordinance transfers funds from the Facilities Fund (Fund 276) to the Borough Capital Projects Fund (Fund 410) to pay for swimming pool repairs (S80,000) and to replace the tide gate at Mission Lake ($55,000). This Ordinance also creates two new projects in Fund 410, one for swimming pool repairs and one for the replacement of the Mission Lake tide gate. This Ordinance also increases the Bayside Fire Dept. budget by $158,200 to account for the FEMA Fire Fighters Grant Award. FISCAL NOTES: ACCOUNT NO.: Various - See Attached NA Expenditure Amount Required: $293,200 Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. 2004 -108 in first reading to advance to public hearing on December 16, 2004. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 4, 2004 ITEM NO. 13.C.1 ORDINANCE NO. 2004 -10B An Ordinance of the Kodiak Island Borough Assembly Amending Ordinance No. 2004 -10 Fiscal Year 2005 Budget Moving Funds from the Undesignated Projects in Borough Capital Projects Fund (Fund 410) to Pay for Swimming Pool Repairs and to Fund a New Tide Gate at Mission Lake, Also Within Fund 410 This Ordinance transfers funds from undesignated projects in the Borough Capital Projects (Fund 410) to two new projects in Fund 410. One is for swimming pool repairs ($80,000) and one for the replacement of the Mission Lake tide gate ($55,000). This Ordinance also increases the Bayside Fire Dept. budget by $158,200 to account for the FEMA Fire Fighters Grant Award. FISCAL NOTES: NA Expenditure Required: $293,200 ACCOUNT NO.: Various - See Attached Amount Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. 2004 -10B in first reading to advance to public hearing on December 16, 2004. CORRECTED VERSION AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2004 -10 FISCAL YEAR 2005 BUDGET MOVING FUNDS FROM THE UNDESIGNATED PROJECTS IN BOROUGH CAPITAL PROJECTS FUND (FUND 410) TO PAY FOR SWIMMING POOL REPAIRS AND TO FUND A NEW TIDE GATE AT MISSION LAKE, ALSO WITHIN FUND 410 WHEREAS, the High School Pool filters have failed and are beyond repair; and WHEREAS, the new pool will not be constructed for two to three years; and WHEREAS, as a coastal community a swimming pool is essential for safety and provides necessary recreation for our residents; and WHEREAS, the Mission lake Tide Gate was constructed in 1965 and has reached the end of its life; and WHEREAS, the Mission Lake Tide Gate Service Area was created by the Assembly to address the operations and maintenance costs fo the new tide gate; and WHEREAS, there is significant use of Mission Lake as a recreational site which warrants participation in the project by the Kodiak Island Borough; and WHEREAS, the Assembly accepted a FEMA fire fighters grant for $158,200 that needs to be added to the budget; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: A new project, entitled swimming pool repairs, will be set up in Fund 410, Borough Capital Projects, and $80,000 will be transferred from undesignated projects in Fund 410 to cover the cost of the swimming pool repairs. Section 2: A new project, entitled Mission Lake Tide Gate, will be set up in Fund 410, Borough Capital Projects, for S55,000. A transfer of $55,000 from the undesignated projects in Fund 410 will fund this project. Section 3: The Bayside Fire Department budget will be increased by $158,200 to $633,160. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk ddiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. 2004 -10B Introduced by: Admin. Official Cassidy Requested by: Admin. Official Cassidy Drafted by: Finance Officer Introduced: 12/16/2004 Public Hearing: Adopted: KODIAK ISLAND BOROUGH Ordinance No. 2004 -10B Page 1 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget , Revised Budget 09/30/04 % Adjustments Budget Fund 100 General Fend Revenues: l'ropedy Tax 7,973,550 8,037,477 (63,927) 101% 7,973,550 Boat & Motor Vehicle Tax 198,520 8,188 190,332 4% 198,520 Payment in Lieu of Taxes 705,000 705,000 0% 705,000 Severance Taxes 899,240 900 898,340 0% 899,240 Pemltim & Int on tax 150,000 47,052 102,948 31% 150,000 Licenses and Pamir 89,500 36,137 53,363 40% 89,500 Federal Shared Revalue 400,075 400,075 0% 400,075 Temporary Fiscal Relief - Raw Fish Tax 755,000 716,676 38,324 95% 755,000 Raw Fish Tax - Offshore 50,000 50,000 0% 50,000 Other State Revenue 20,000 20,000 0% 20,000 Fines 800 250 550 31% 800 Interest Earnings 100,000 50,579 49,421 51% 100,000 Miscellaneous 36,200 20,471 15,729 57% 36,200 Use of Fund Balance 768,207 768,207 0% 768,207 Sale of Fixed Assets 5,000 5,000 0% 5,000 Transfer In - - Total 12,151,092 8,917,730 3,233,363 73% - 12,151,092 Expendinma: Borough Assembly 159,410 29,845 129,565 19% 159,410 Borough Manager 209,110 60,605 148,505 29% 209,110 Borough Clerk 330,102 74,361 255,741 23% 330,102 Borough Attorney 188,200 19,670 168,530 10% 188,200 France DepaNreat 639,870 135,105 504,765 21% 639,870 Mauagemant Information Services 231,865 116,168 115,697 50% 231,865 Assessing Department 320,560 60,704 259,856 19% 320,560 Bngineedng/ Facilities Dept 92,220 15,955 76,265 17% 92,220 Community Development 539,084 117,625 421,459 22% 539,084 Building Official 132,230 (22,770) 155,000 -17% 132,230 Economic Development 113,840 32,250 81,590 28% 113,840 General Administration 259,870 51,996 207,874 20% 259,870 Emergency Preparedness 5,500 3,102 2,398 56% 5,500 School District Support 8,536,207 2,485,619 6,050,588 29% 8,536,207 Health and Sanitation 267,037 224,313 42,724 84% 267,037 Culture and Recreation 125,987 130,335 (4,348) 103% 125,987 Transfer Out - 0% - Total 12,151,092 3,534,883 8,616,209 29% - 12,151,092 Fund 205 Child Cie Assistance Program Revenue 79,750 11,062 68,688 14% 79,750 Expenditures 79,750 22,178 57,572 28% 79,750 Find 210 Land Sales Revenue 231,000 7,267 223,733 3% 231,000 Bxpenditures 231,000 8,221 222,779 4% 231,000 Find 220 Baidmgs and Grounds Revenues Revenues 435,300 106,495 328,805 24% 435,300 Transfer in 300,970 300,970 - 100% 300,970 Total Revenues 736.270 407,465 328,805 - 736,270 Expenditures Borough Building 263,800 50,987 212,813 19% 263,800 b91C Apse-m:.0 11,970 4,270 9, 11 970 School Buildings 438,000 185,287 252,713 42% 438,000 Parks 22,500 1,387 21,113 6% 22,500 Total Expenditures 736 ,270 241,931 494,339 33% 736,270 Fund 230 CoastalMitagement Revalues 25,650 25,650 0% 25,650 Expenditure- CMGRegular 25,650 8,748 16,902 34% 25,650 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 2of7 • Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Fund 234 L E.P C. Revenues LEPC 14,320 13,255 1,065 93% 14,320 E.O.P. Grant 17,937 2,673 15,264 17,937 Revenues 32,257 15,928 16,329 - 32,257 Expenditures Expenditures -LEPC 14,320 4,037 10,283 28% 14,320 Expenditures -PEMA grant 17,937 9 17,928 17,937 Total Expenditures 32,257 4,046 28,211 13% 32,257 Fund 240 Womens Bay Road Service Revenues 113,600 113,934 (334) 100% 113,600 Expenditures 113,600 6,212 107,388 5% 113,600 Mold 242 Service District No. 1 Revenues 202,400 154,390 48,010 76% 202,400 Expenditures 202,400 9,230 193,170 5% 202,400 Fund 243 Service Ana No. 2 Revenues ' 8 (8) 0% Axxnditures - - 0% Fund 244 Monaska Bay Road Disrcict Revenues 43,500 24,067 19,433 55% 43,500 Expenditures - 43,500 112 43,388 0% 43,500 Fund 246 Bay View Road Service Area Revenues 4,800 5.589 (789) 116% 4,800 • Expenditures 4,800 9 4,791 0% 4,800 Fond 250 Fire Protection Area No. 1 • Revenues 474,960 337,364 137,596 71% 158,200 633,160 TEMA Grant for new equipment Expenditures 474,960 44,848 430,112 9% 158 ,200 633,160 Fund 252 Woman Bay Fire Department Revenues 96,200 60,236 35,964 63% - 96,200 Expenditures 96,200 26,598 69,602 28% - 96,200 Fund 254 KIB Airport Fire District Revenues • - 15,490 15,579 (89) 101% 15,490 Expenditures 15,490 29 15,461 0% 15,490 • Fand 260 Woodland Acres Streetlights Revenues - 5,000 45 4,955 1% 5,000 Expenditures 5,000 928 4,072 19% 5,000 Fond 26j'lYkdty Acres Lighting Dist Revenues _ 10,860 3,721 7,139 34% 10,860 Expenditures 10,860 320 10,540 3% 10,860 -Fund 262 Mission Laki de Gide Revenues / 0.4? ` " . 52,350 2,456 49,894 5% 52,350 Expenditures _ a -` 52,350 642 51,708 1% 52,350. Fend 263 TYLdty Arses Paving Dist. Revenues - 22,140 22,140 22,140 Expenditures 22,140 42 22,098 22,140 Fund 275 Kodiak Arts Counm Revenues 56,910 15,626 41,284 27% 56,910 Expenditures 56,910 16,115 40,795 28% 56,910 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 3 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Fund 276 Facilities Fund Revenues 1,400,000 123,032 1,276,968 9% 1,400,000 Expendituresf1rmsfers Out: Building Insurance 300,970 300,970 Debt Service 550,368 550,368 Capital Projects Fund 410 Capital Projects Fund 410 Contengenciea 548,662 Total Expenditures 1,400,000 851,338 - 100% - 100% 0% 61% 300,970 550,368 548,662 1,400,000 Fund 277 Tourism Development Revenues 45,000 2,954 42,046 7% 45,000 Expenditures 45,000 11,250 33,750 25% 45,000 Fowl 290 Fent Fuler Trost Revenues 24,500 75,000 (50,500) 24,500 Expenditures 24,500 6,047 18,453 24,500 Fund 300 Debt Service Revenues 2,734,470 1,487,796 1,246,674 54% 2,734,470 Expenditures Emmdltures- School Debt 1,981,740 201,292 1,780,448 10% 1,981,740 Expenditures - Hospital Debt 745,970 116,978 628,992 16% 745,970 Expenditures- Karluk Loans 6,760 6,760 - 100% 6,760 Expenditures -Other Debt - - Total Expenditures 2,734,470 325,030 2,409,440 12% 2,734,470 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 4 of 7 Capital Projects Fund 410 - Borough Capital Projects: Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 °ro Adjustments Budget Revenues: Interest Earnings 209,080 209,080 0% 209,080 Contributions for BMX track 13,920 28,917 (14,997) 13,920 Miscellaneous - - 0% - Total Revenues 223,000 28,917 194,083 223,000 Operating Transfers In: General Fund 55,000 55,000 - 100% 55,000 Bayside Fre Department 400,000 400,000 - 100% 400,000 Trinity Acres Paving Dist. - - 0% Facilities Fund 622,384 622,834 (450) 100% - 622,384 Total Operating Transfers In 1,077,384 1,077,834 (450) 100% 1,077,384 Total Revenues 1,300,384 1,106,751 193,633 85% - 1,300,384 Projects: 85 Village Metals Removal 150,000 121,257 28,743 81% 150,000 114 State Airport Improvements 11,000 60 10,940 1% 11,000 130 East Elementary Doorways 4,200 4,200 0% 4,200 146 BMX Bike Trail 68,920 49,278 19,642 72% 68,920 173 Bayside classroom equipment 75,000 48,199 26,801 64% 75,000 174 Bayside Storage Addition &Engine Bay 400,000 3,020 396,980 1% 400,000 '182 State Pair& Rodeo Water Project 25,000 25,00D - 100% 25,000 00102 Bayside Underground Electrical 22,000 22,000 0% 22,000 03105 Notthstar School road/parking lot design 50,000 22,795 27,205 46% 50,000 03106 KIM emergency generator 50,000 50,000 0% 50,000 03108 Borough Building additional parking 50,000 50,000 0% 50,000 03109 Borough Building air handing penthouse 10,000 10,000 0% 10,000 ' 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03111 Borough Building security doors 8,000 8,000 0% 8,000 03120 W Comm Plan Revision 33,380 22,380 11,000 67% 33,380 Trinity Acres Paving Dist 0% HS Pool Repairo 80,000 80,000 Mission Lake Tide Gate 55,000 55,000 Other Projects 322,884 322,884 0% (135,000) 187,884 Total Borough Projects 1,300,384 294,342 1,006,042 23% - 1,300,384 Fund 420 - State Capital Gnat Projects: Revenues: Interest Earnings 200,000 21,970 200,000 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 (0) 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 11,050,000 20,552,760 9,302,760 11,071,969 - 20,552,760 Projects: Kodiak Middle School concrete repair 237,918 237,918 237,918 Larsen Bay School floor repair 339,883 339,883 339,883 Kodiak ligh School asbestos & floor covering 304,704 304,704 304,704 District-wide floor cowing replacement 728,708 728,708 728,708 Evacuation Center earthquake evaluation 500,000 500,000 500,000 Kodiakllgh School heating and ventilation 250,000 250,000 250,000 East School heating and ventilation 520,000 520,000 520,000 Kodiak High School insulation and windows 596,020 596,020 596,020 Kodiak1%h School and Middle School roof repair 523,504 523,504 523,504 Oid Harbor Gym Ed renovation 2,251,315 2,251,315 Ouziokie Gym renovation 1,858,255 1,858,255 1,858,255 Leaning Center renovation 1,182,336 1,182,336 1,182,336 w.8X :.; Nl9189 U;> :::8 ' 3' vi' t' if48 S: O" v%:' 3?:E Y3 "i.,:v8918F1drzawmf2182Xax::::: : :f. 9.i iefrat0;i fl9ere 9,38;4':2 :iM. 455i VOM.423383 1Egh School Pool Beclahration 650,000 650,000 650,000 New Swimning Pool 6,210,000 6,210,000 6,210,000 IBgh School Voc ed /classroomreclai,mlion 4,190,000 4,190,000 4,190,000 Contingencies 210,117 210,117 210,117 20,552,760 - 20,552,760 20,552,760 Kodiak island Borough, Alaska Ordinance No. 2004 -10B Page 5of7 Ordinance 2004 - 10(h) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Pend 430-State Capital Grant Projects: Revenues: MB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 School Repair - - 0 % - Tide Gate 252,574 252,574 0% 252,574 chiniak Grant 20,000 20,000 0% 20,000 S1ISGP Grant 20,000 20,000 0% 20,000 ADP &G, fish research 200,000 200,000 0% 200,000 Total Revenues 2,793,974 - 2,793,974 0% 2,793,974 Projects: 164 %iB WasteManagenent Implementation 1,741,400 1,741,400 0% 1,741,400 177 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 00100 High School Repair FYOD 126,770 126,770 0% 126,770 00104 Tide Gate 20,000 20,000 0% 20,000 02107 ADP &G Research Study 200,000 200,000 0% 200,000 03116 School Repair 125,804 125,804 0% 125,804 03118 Chiniak Multi -use Gant 20,000 20,000 0% 20,000 04106 SIISGP Grant - 0% - Total Exenditures 2,793,974 - 2,793,974 0% - 2,793,974 Fand 490 Enterprise Funds Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 Hospital 740,000 740,000 0% 740,000 Total Revenues 3,740,000 3,740,000 3,740,000 165 Landfill Closeout /Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 93112 Hospital access and parking, Phase I & II 700,000 700,000 0% 700,000 03113 Specialty Clinic roof repair /replace/rent 40,000 40,000 0% 40,000 Total Expenditures 3,740,000 3,740,000 0% 3,740,000 Kodiak Island Borough, Alaska Ordinance No. 2004 -1OB Page6of7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Fund 530 Solid Waste Collection/Disposal Revenues Waste Collection 2,210,300 513,160 1,697,140 23% 2,210,300 Waste Disposal 1,124,000 265462 858,538 24% 1,124,000 Total Revenues 3,334,300 778,622 2,555,678 3,334,300 Expenditures Waste Collection 1,342,800 235,741 1,107,059 18% 1,342,800 Waste Disposal 1,991,500 359,045 1,632 455 18% 1,991,500 Total Expenditures 3,334,300 594,786 2,739,514 18% 3,334,300 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - - ProvidenceHospitalLease 720,000 180,000 540,000 25% 720,000 Kodiak Island Health Care Foundation - Gain on sale of assets Revenues fromHospital Operations - - Use of Retained Earnings 934,162 934,162 934,162 Total Revenues 1,654,162 180,000 1,474,162 11% - 1,654,162 Expenditures and Transfers: Expenditures 1,654 300303 1,353,859 18% 1,654,162 Total Expenditures 1,654,162 300,303 1,353,859 18% 1,654,162 Fund 555 - Kodiak Fisheries Researds Center Revenues 2,010,429 447,268 1,563,161 22% 2,010,429 Expenditures Research Facility 1,988,829 146,453 1,842,376 7% 1,988,829 DonnFacility 21,600 4,011 17,589 19% 21,600 2,010,429 150,464 1,859,965 7% 2,010,429 Fund 560 - Telephone 911 Service Revenues 69,000 69,000 0% 69,000 Expenditures 69,000 972 68,028 1% 69.000 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 7 of 7 KODIAK ISLAND BOROUGH ORDINANCE NO. 2004 -10B Introduced by: Admin. Official Cassidy Requested by: Admin. Official Cassidy Drafted by: Finance Officer Introduced: 12/16/2004 Pjblic Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2004 -10 FISCAL YEAR 2005 BUDGET MOVING FUNDS FROM THE FACILITIES FUND TO THE BOROUGH CAPITAL PROJECTS FUND (FUND 410) TO PAY FOR SWIMMING POOL REPAIRS AND TO FUND A NEW TIDE GATE AT MISSION LAKE WHEREAS, the High School Pool filters have failed and are beyond repair; and WHEREAS, the new pool will not be constructed for two to three years; and WHEREAS, as a coastal community a swimming pool is essential for safety and provides necessary recreation for our residents; and WHEREAS, the Mission lake Tide Gate was constructed in 1965 and has reached the end of its life; and WHEREAS, the Mission Lake Tide Gate Service Area was created by the Assembly to address the operations and maintenance costs fo the new tide gate; and WHEREAS, there is significant use of Mission Lake as a recreational site which warrants pa icipatio in the project by the Kodiak Island Borough; NO r1 HERE O E, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: A new project, entitled swimming pool repairs, will be set up in Fund 410, Borough Capital Projects, and $80,000 will be transferred from Fund 276, Facilities Fund to cover the cost of the swimming pool repairs. Section 2: A new project, entitled Mission Lake Tide Gate, will be set up in Fund 410, Borough Capital Projects, for $55,000. A transfer of $55,000 from the Facilities Fund will fund this project. The Missinn lakoServira flistriot will repay the Facilities Fu . 4 • !!t _ - - •- '•• .f 20 years at 4% interest. Section 3: The Bayside Fire Department budget will be increase by $158,200 to $633,160. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 1 of 7 Ordinance 2004 - 10(b) Adopted M of Difference Budget Revised Budget 09/30/04 94 AdJustmeuts Budget Fund 100 General Fund Revenues: Property Tax 7,973,550 8,037,477 (63,927) 101% 7,973,550 Boat Se Motor Vehicle Tax 198,520 8,188 190,332 4% 198,520 Payment in Lieu of Taxes 705,000 705,000 0% 705,000 Severance Taxes 899,240 - 900 898,340 0% 899,240 Penalties & Int at tax 150,000 47,052 102,948 31% 150,000 Licenses and PenrWs 89,500 36,137 53,363 40% 89,500 Federal Shared Revenue 400,075 400,075 096 400,075 Temporary Fiscal Relief - Raw Fish Tax 755,000 716,676 38,324 95% 755,000 Raw Fish Tax - Offshore 50,000 50,000 0% 50,000 Other State Revenue 20.000 20,000 0% 20,000 Fines 800 250 550 31% 800 Interest Earnings 100,000 50,579 49,421 51% 100,000 Miscellaneous 36,200 20,471 15,729 57% 36,200 Use of Fund Balance 768,207 768,207 0% 768,207 Sale of Fixed Assets 5,000 5,000 0% 5,000 Trawler In - - Total 12,151,092 8,917,730 3,233,363 73% - 12,151,092 Expenditures: Borough Assembly 159,410 29,845 129,565 19% 159,410 Borough Manager 209,110 60,605 148,505 29% 209,110 Borough Clerk 330,102 74,361 255,741 23% 330,102 Borough Attorney 188,200 19,670 168,530 10% 188,200 Finance Department 639,870 135,105 504,765 21% 639,870 Management Information Services 231,865 116,168 115,697 50% 231,865 Assessing Department 320,560 60,704 259,856 19% 320,560 Engineering/ Facilities Dept 92,220 15,955 76,265 1794 92,220 Community Development 539,084 117,625 421,459 220A 539,084 Building Official 132,230 (22,770) 155,000 -1796 132,230 Economic Development 113,840 32,250 81,590 28% 113,840 General Administration 259,870 51,996 207,874 20% 259,870 Emergency Preparedness 5,500 3,102 2,398 56% 5,500 School District Support 8,536,207 2,485,619 6,050,588 29% 8,536,207 Health and Sanitation 267,037 224,313 42,724 84% 267,037 Culture and Recreation 125,987 130,335 (4,348) 103% 125,987 Transfer Out - 0% - Total 12,151,092 3,534,883 8,616,209 29% - 11151,092 Fund 205 Child Care Assistance Program Revenue 79,750 11,062 68,688 14% 79,750 Expenditures 79,750 22,178 57,572 28% 79,750 Fund 210 Land Sales Revenue 231,000 7,267 223,733 3% 231,000 Expenditures 231,000 8,221 222,779 4% 231,000 Fund 220 Buildings and Grounds Revenues Revenues 435,300 106,495 328,805 24% 435,300 Transfers in 300,970 300,970 100% 300,970 Total Revenues 736,270 407,465 328,805 - 736,270 Expenditures Borough Building 263,800 50,987 212,813 19% 263,800 MHC Apartments 11,970 4,270 7,700 11,970 School Buildings 438,000 185,287 252,713 42% 438,000 Parks 22,500 1 387 21,113 6% 22,500 Total Expenditures 736,270 241,931 494,339 33% 736,270 Fund 230 Coastal Management Revenues 25,650 25,650 0% 25,650 Expenditures -CMG Regular 25,650 8,748 16,902 34% 25,650 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 2 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Fund 234 L,E.P.C. Revenues LEPC 14,320 13,255 1,065 93% 14,320 E.O.P. Grant 17,937 2,673 15,264 17937 Revenues 32,257 15,928 16,329 32,257 Expenditures Expenditures-LEPC 14,320 4,037 10,283 28% 14,320 Expenditures -FEMA grant 17,937 9 17,928 17,937 Total Expenditures 32,257 4,046 28,211 13% - 32,257 Fund 240 Womens Bay Road Service Revenues 113,600 113,934 (334) 100% 113,600 Expenditures 113,600 6,212 107,388 5% 113,600 Fund 242 Service District No. 1 Revenues 202,400 154,390 48,010 76% 202,400 Expenditures 202,400 9,230 193,170 5% 202,400 Fund 243 Service Area No. 2 Revenues Expenditures 8 A) 0% 0% Fund 244 Monaska Bay Road District Revenues 43,500 24,067 19,433 55% 43,500 Expendinns 43,500 112 43,388 0% 43,500 Fund 246 Bay View Road Service Area Revenues 4,800 5,589 (789) 116% 4,800 Expenditures 4,800 9 4,791 0% 4,800 Fund 250 Fire Protection Area No. 1 Revenues 474,960 337,364 137,596 71% 158,200 633,160 FEMAGrant far new equipment Expenditures 474,960 44,848 430,112 9% 158,200 633,160 Fund 252 Womens Bay Fire Department Revenues 96,200 60,236 35,964 63% 96,200 Expenditures 96,200 26,598 69,602 28% - 96,200 Fund 254 IdE Airport Fire District Revenues 15,490 15,579 (89) 101% 15,490 Expenditures 15,490 29 15,461 0% 15,490 • Fund 260 Woodland Acres Street Lights Revenues 5,000 45 4,955 1% 5,000 Expenditures 5,000 928 4,072 1996 5,000 Fund 261 Trinity Acres Lighting Dist. Revenues 10,860 3,721 7,139 34% 10,860 Expenditures 10,860 320 10,540 3% 10,860 Fund 262 Mission Lake Tide Gate Revenues 52,350 2,456 49,894 5% 52,350 Expenditures 52,350 642 51,708 1% 52,350 Fund 263 Trinity Acres Paving Dist. Revenues 22,140 22,140 22,140 Expenditures 22,140 42 22,098 22,140 Fund 275 Kodiak Arts Council Revenues 56,910 15,626 41,284 27% 56,910 Expenditures 56.910 16,115 40,795 28% 56,910 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 3 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Fund 276 Facilities Fund Revenues 1,400,000 123,032 1,276,968 9% 1,400.000 Expendituraefmsufen Out: Building Insurance 300,970 300,970 - 100% 300,970 Debt Service 550,368 550,368 • 100% 550,368 Capital Projects Fund 410 - 135,000 135,000 Capital Projects Fund 410 . - Contengencies 548,662 0% (135,000) 413 662 Total Expenditures 1,400,000 851,338 - 61% - 1,400,000 Fund 277 Tourism Development Revenues 45,000 2,954 42,046 7% 45,000 Expenditures 45,000 11,250 33,750 25% 45,000 Fund 290 Fern Fuller Trust Revenues 24,500 75,000 (50,500) 24,500 Expenditures 24,500 6,047 18,453 24,500 Fund 300 Debt Service Revenues 2,734,470 1,487,796 1,246,674 54% 2,734,470 Expenditures Expenditures - School Debt 1,981,740 201,292 1,780,448 10 1,981,740 Expenditures - Hospital Debt 745,970 116,978 628,992 16% 745,970 Expenditures - Karluk mans 6,760 6,760 - 100% 6,760 Expenditures -Other Debt - - - Total Expenditures 2,734,470 325,030 2,409,440 12% 2,734,470 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 4 of 7 Capital Projects Fund 410 - Borough Capital Projects: Kodiak Island Borough, Alaska Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09/30/04 % Adjustments Budget Revenues: Interest Earnings 209,080 209,080 0% 209,080 Contributions for BMX hack 13,920 28,917 (14,997) 13,920 Miscellaneous - 0% - Total Revenues 223,000 28,917 194,083 223,000 Operating Transfers In: General Fund 55,000 55,000 - 100% - 55,000 Bayside Fire Depart ant 400,090 400,000 • 100% 400,000 Trinity Acres Paving Dist. - . 0% - Facilities Fund 622,384 622,834 450) 100% 135,000 757,384 Total Operating Transfers In 1,077,384 1,077,834 (450) 100% 135,000 1,212,384 Total Revenues 1,300,384 1,106,751 193,633 85% 135,010 1,435,384 Projects: 85 Village Metals Removal 150,000 121,257 28,743 81% 150,000 114 State Airport Improvements 11,000 60 10,940 1% 11,000 130 East Elementary Doorways 4,200 4,200 0% - 4,200 146 BMX Bike Trail 68,920 49,278 19,642 72% 68,920 173 Baysideclasaromr equipment 75,000 48,199 26,801 64% 75,000 174 Bayside Storage Addition & Engine Bay 400,000 3,020 396,980 1% 400,000 182 State Fair & Rodeo Water Project 25,000 25,000 100% 25,000 00102 Bayside Underground Filecnical 22,000 22,000 0% 22,000 03105 Northstar School rcadpedting lot design 50,000 22,795 27,205 46% 50,000 03106KHS emergency generator 50,000 50,000 0% 50,000 03108 Borough Building additional parking 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03111 Borough Building security doors 8,000 8,000 0% 8,000 03120 WB Comm Plan Revision 33,380 22,380 11,000 67% 33,380 Trinity Acres Paving Dist - - 0% - HS Pool Repairs 80,000 80,000 Mission Lake Tide Gate 55,000 55,000 Oder Projects 322,884 322,884 0% 322,884 Total Borough Projects 1,300,384 294,342 1,006,042 23% 135,000 1,435,384 Fund 420 Capital Grant Projects: Revenues: Interest Earnings 200,000 21,970 200,000 Proceeds Fran bond 2004A Bard Issue 9,302,760 9,302,760 (0) 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050000 11,050.000 20,552,760 9,302,760 11,071,969 - 20,552,760 Projects: Kodiak Middle School concrete repair 237,918 237,918 237,918 Larsen Bay School floor repair 339,883 339,883 339,883 Kodiak High School asbestos & Boor covering 304,704 304,704 304,704 Duhia -wide floor covering replacement 728,708 722,708 728,708 Evacuation Center earthquake evaluation 500,000 500,000 500,000 Kodiak High School heating and ventilation 250,000 250,090 250,000 East School heating and ventilation 520,000 520,000 520,000 Kodiak High School insulastim and windows 596,020 596,020 596,020 Kodiak High School and Middle School roof repair 523,504 523,504 523 504 Old Harbor GymNoc Ed renovation 2 ,251,315 2,251,315 2,251,315 Ouzinkie Gym reavatm 1,858,255 1,858,255 1,858,255 Learning Center renovation 1182,336 7182,336 1,182,336 . , . .. High School Pool Rtarte ilhm 65 650000 650,000 650000 New Swhnning Pool 6,210,000 6,210,0W 6,210,000 High School Voc ed/claasroomreelaimation 4,190,000 4,190,000 4,190,000 Contingencies 210117 210,117 210,117 20,552,760 - 20,552,760 - 20,552,760 Ordinance No. 2004 -10B Page 5 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revbed Budget 09/30/04 % Adjustments Budget Fund 430-State Capital Grant Projects: Revenues: XI13 Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Arum Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 School Repair - - 0 Tide Gate 252,574 252,574 0% 252,574 C mink (rant 20,000 20,000 0% 20,000 SHS0P Grant 20.000 20,000 0% 20,000 ADF &O, fish research 200,000 200,000 0% 200,000 Total Revenues 2,793,974 2,793,974 0% • 2393,974 Projects: 164 KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 177 Anton Larsen Bay Boat Ramp 560.000 560,000 0% 560.000 00100 High School Repair PY00 126,770 126,770 0% 126,770 00104 Tide Gate 20,000 20,000 0% 20,000 02107 ADP &O Research Study 200,000 200,000 0 200,000 03116 School Repair 125,804 125,804 0% 125,804 03118 Chiniak Multi -use Grant 20,000 20,000 0% 20,000 04106 SHSGP Goan - 044 Taal Expenditures 2,793,974 - 2,793,974 0% 2,793,974 Fund 490 Enterprise Funds Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 Hospital 740,000 740,000 0% 740,000 Taal Revenues 3,740,000 3,740,000 3,740,000 165 landfill Closeout /Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 03112 Hospital access and parking, Phase 1 & 11 700,000 700,000 0% 700,000 03113 Specialty Clinic roof repair /replacement 40,000 40,000 0% 40,000 Total Expenditures 3,740,000 3,740,000 0% 3,740,000 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 6 of 7 Ordinance 2004 - 10(b) Adopted As of Difference Budget Revised Budget 09130/04 % Adjustments Budget Fund 530 Solid Was to Collection Disposal Revenues Waste Collection 2,210,300 513,160 1,697,140 23% 2,210,300 Waste Disposal 1 124 000 265,462 858,538 24% 1 124 000 Total Revenues 3,334,300 778,622 2,555,678 3,334,300 Expenditures Waste Collection 1,342,800 235,741 1,107,059 18% 1,342,800 Waste Dispcsal 1,991,500 359045 1,632,455 18% 1,991500 Total Expenditures 3,334,300 594,786 2,739,514 18% 3,334,300 Fund 540 Hospital Enterprise Fund Revenue,: Interest Earnings - ProvidenceHospitalLease 720,000 180,000 540,000 25% 720,000 Kodiak Island Health Care Foundation Oslo co sale of assets Revenues from Hospital Operations - Use ofRetainedEarnings 934,162 934,162 934,162 Total Revenues 1,654,162 180,000 1,474,162 11% 1,654,162 Expenditures and Transfers: Expenditures 1,654,162 300,303 1,353,859 18% 1,654,162 Total Expenditures 1,654,162 300,303 1,353,859 18% 1,654,162 Fund 555 - Kodiak Fisheries Research Center Revenues 2,010,429 447,268 1,563,161 22% 2,010,429 Expenditures Research Facility 1,988,829 146,453 1,842,376 7% 1,988,829 Darn Facility 21,600 4,011 17589 19% 21600 2,010,429 150,464 1,859,965 7% 2,010,429 Fund 560 - Telephone 911 Service Revenues 69,000 69,000 0% 69,000 Expenditures 69,000 972 68,028 1% 69,009 Kodiak Island Borough, Alaska Ordinance No. 2004 -10B Page 7 of 7 Meeting of: December 16, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.1 Approval of Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson This is to approve the settlement agreement and release of Mr. Patrick S. Carlson as Borough manager. An executive session was also advertised to allow additional discussion of this matter. Recommended motions: Move to approve the Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson OR Move to postpone action pending the executive session. Kodiak Island Borough AGENDA STATEMENT Meeting of: December 16, 2004 ITEM NO. 13.D.2 Kodiak Island Borough Assembly Meeting Schedule for 2005. The Assembly approves the meeting schedule for the upcoming year. Attached is the recommended schedule per Borough Code guidelines. 2.17.030 Types of meetings. A. Regular meeting: The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursday of each month, or such other time and place as may be designated in the notice of the meeting. Recommended motion: Move to approve the Assembly 2005 meeting schedule. NI 4 scidnavol Seoaph exlikaanif ■ JANUARY FEBRUARY MS S MS AM nna NN YT NM NON WO MID a /A YT JULY !NM INN non Nan TM— fl YT AUGUST R WM. r„ a E Mal MY $ PAY NAY PPE P-Ynolm MARCH BUN INN ILO Ilan 1MO fl LT JUNE SEPTEMBER DECEMBER SUN INN TM10111 Nan TMIIO PM YT Regular Meeting of December 16, 2004 Kodiak Island Borough AGENDA STATEMENT Confirmation of Mayoral Appointments of Assemblymember Representatives to Boards, Committees, Commissions, and Councils. ITEM NO. 13.D.3 Mayor Selby has asked that the Assembly confirm appointment of Assemblymember representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Mike Anderson Parks and Recreation Committee Tuck Bonney Kodiak College Council Barbara Williams School District Budget Advisory Committee Cecil Ranney School District Strategic Planning Committee Barbara Williams School District Facilities Review Committee Tom Abell Joint Building Code Review Committee Mike Anderson Providence Health System Service Area Board Providence Mental Health Center Advisory Council Pat Branson - Expires 12/31/2005 Nancy Wells - Expires 12/31/2006 Note: Emergency Services Council Mayor Selby Economic Development Committee Mayor Selby Recommended motion: Move to confirm the mayoral appointments of assemblymember representatives to Boards, Committees, Commissions, and Councils. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee ✓ Architectural Review Board / Parks and Recreation Committee ✓ Providence Health System Service Area Board Prov Kod Is Counseling Center Advisory Council f Kodiak College Council V School District Budget Advisory Committee / School District Strategic Planning Committee School District Facilities Review Committee Joint Building Code Review Committee V-seen v Emergency Services Council Mayor Selby Economic Development Committee Mayor Selby Assemblymember Name: n: \cl\assy \boards. req Current Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee Architectural Review Board Vacant Parks and Recreation Committee Bonney Providence Health System Service Area Board Branson - Expires 12/31/2005 Prov Kod Is Counseling Center Advisory Council Wells - Expires 12/31/2004 Kodiak College Council Vacant School District Budget Advisory Committee Ranney School District Strategic Planning Committee Vacant School District Facilities Review Committee Abell Joint Building Code Review Committee Vacant Emergency Services Council Mayor Selby Economic Development Committee Mayor Selby Assemblymember Name: n: \cl \assy \boards. req Current Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee J Architectural Review Board Vacant Parks and Recreation Committee Bonney Providence Health System Service Area Board Branson - Expires 12/31/2005 Prov Kod Is Counseling Center Advisory Council Wells - Expires 12/31/2004 `( Kodiak College Council Vacant 5 School District Budget Advisory Committee Ranney iv School District Strategic Planning Committee Vacant School District Facilities Review Committee Abell Joint Building Code Review Committee Vacant Emergency Services Council Mayor Selby Economic Development Committee Mayor Selby Assemblymember Name: 7&/1/ AA n: \cl \assy \boards. req Current Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee Architectural Review Board 0 Parks and Recreation Committee Providence Health System Service Area Board Prov Kod Is Counseling Center Advisory Council Kodiak College Council School District Budget Advisory Committee School District Strategic Planning Committee School District Facilities Review Committee Joint Building Code Review Committee Emergency Services Council Economic Development Committee Assemblymember Name: n: \cl \assy \boards.req Current Assembly Representative Vacant Bonney Branson - Expires 12/31/2005 Wells - Expires 12/31/2004 Vacant Ranney Vacant Abell Vacant Mayor Selby Mayor Selby APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee J ___ Architectural Review Board Vacant Parks and Recreation Committee Bonney Providence Health System Service Area Board Branson - Expires 12/31/2005 Prov Kod Is Counseling Center Advisory Council Wells - Expires 12/31/2004 Kodiak College Council Vacant School District Budget Advisory Committee Renney School District Strategic Planning Committee Vacant 5 School District Facilities Review Committee Abell 2 Joint Building Code Review Committee Vacant 3 Emergency Services Council Mayor Selby Economic Development Committee Mayor Selby Assemblymember Name: Ail/eS n: \cl\assy \boards. req Current Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee il Architectural Review Board Vacant 3 Parks and Recreation Committee Bonney j Providence Health System Service Area Board Branson - Expires 12/31/2005 Prov Kod Is Counseling Center Advisory Council Wells - Expires 12/31/2004 1 Kodiak College Council Vacant $ School District Budget Advisory Committee Ranney 5 School District Strategic Planning Committee Vacant School District Facilities Review Committee Abell / Joint Building Code Review Committee Vacant * Emergency Services Council Mayor Selby .3 Economic Development Committee Mayor Selby Assemblymember Name: n: \c I\assy \boards. req d o IruFna - 4 il th,:itn a/ Current Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Please return to the Clerk's office by November 30, 2004. Please mark your top five choices from 1 to 5, with 1 being your first choice. Board or Committee Architectural Review Board Parks and Recreation Committee Providence Health System Service Area Board Prov Kod Is Counseling Center Advisory Council Kodiak College Council School District Budget Advisory Committee School District Strategic Planning Committee School District Facilities Review Committee Joint Building Code Review Committee Emergency Services Council Economic Development Committee Assemblymember Name: n: \cl \assy \boards. req Current Assembly Representative Branson - Expires 12/31/2005 Wells - Expires 12/31/2004 Vacant Ranney Vacant Abell Vacant Mayor Selby Mayor Selby Regular Meeting of December 16, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.4 Assembly Appointment to the Bay View Road Service Area Board Per KIBC 4.15.040 D. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. This vacancy has been advertised per Borough Code. One application was received from Fred Roberts. Attached is a recommendation from the Service Area Board Chair Reed Oswalt. Recommended motion: Move to appoint Fred Roberts to a seat on the Bay View Road Service Area Board to expire 2006. NOV -19 -04 01:38 PM FRED.ROBERTS 11/10/2004 12:20 907 - 406 -9391 Fred Roberts STREET ADDRESSI NAME: 486 5571 WORK PHONE: HOME PHONE: 1760 Monashka Circle MAILING ADDRESS: PO Box 8530 9074862001 BOROUGH CLERK KODIAK ISLAND DORM OFFICE OF THE BOROUGH 710 MILL BAY ROAE KODIAK, ALASKA 99E PHONE: FAX: (907) 486-939 28 yrs PAGE 01 P.01 BOROUGH CLERK'S OFFICE 486 2001 Ja - years IN ALASKA: LENGTH OF RESIDENCE IN KODIAK: 27 y REGISTERED VOTER: YES (X) NO () PROPERTY OWNER IN KODIAK: YES ( $140 ( ) COMMUNITY ACTIVITIES: General Contractor PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION (that would benefit membership on Boards) Anything Construction related I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference): BayView Road Service District 3 2. 4. Signature November 18, 2004 Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one ear. Please return applicati9n by the advertised deadline. Iil w E Voi r IID No '.eN 1�! OM 9. Tama oA WO OM, CinMnarY: . $TIFF U$e DnLY i — ear t tUxonwntllafa Appointing' Limn ammrr 0gth of 1 FFinancial DI.COOMO; 1 BAYVIEW SERVICE DISTRICT As Chairman for Bay View Service District. I endorse Fred Roberts for a member of the Service District. Reed E. Oswalt 1 4 S ti p. 2 u� '-� ' z- �� / C.2c! CTL- 1 BAY VIEW ROAD SERVICE AREA BOARD NAME Hagemeyer, Gale Schauff, Jim Black, Dawn Oswalt, Reed APPLICATION DATE Elected Elected Elected Elected PENDING APPLICATIONS APPLICATION NAME DATE Roberts, Fred 11/18/04 cl /boards /miscapplication /bay view road service area board CONFIRMATION DATE 10/01/02 10/07/03 TERM 2005 2006 12/9/2004 10/05/04 10/07/04 2007 2007 Dawn Black, Corres. Sec. 3201 Bay View Drive P.O. Box 1912 Kodiak, AK 99615 Reed Oswalt 3601 Bay View Drive P.O. Box 722 Kodiak, AK 99615 Revised 11/23/2003 - nj BOARDS /ROSTERSBAYVIEW Kodiak Island Borough BAY VIEW ROAD SERVICE AREA BOARD Vacant 2006 Vacated by Reed Oswalt Term Home Work Expires Phone Phone 2007 486 -4666 486 -5516 486- 3818(fax) Jim Schauff 2006 486 -4412 486 -4412 3446 Bay View Drive e-mail kkschauff@gci.net P.O. Box 8150 Kodiak, AK 99615 Gale Hagemeyer 2005 486 -1600 3619 Bay View Drive P.O. Box 2750 Kodiak, AK 99615 2007 486 -4486 486- 4514(fax) 4.15.040-4.15.075 7 ----- 2. a member departs the borough intending to remain outside the borough for ninety (90) days or more; 3. a member submits a resignation accepted by the assembly; 4. a member, due to incapacity or absence from the borough, cannot attend board meetings for ninety (90) days or more; 5. a member is absent from three (3) consecutive regular board meetings without the board excusing any such absence; or 6. a member ceases to be qualified under section 4.15.020 of this chapter. B. The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. C. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. D. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. (Ord. 80 -29 -0 §1(part), 1980; Ord. 91 -04 §2, 1991). 4.15.050 Compensation. Board members shall be compensated as provided by resolution of the assembly, and shall be reimbursed for reasonable expenses incurred in the performance of their duties. (Ord. 80 -29 -0 §1(part), 1980). 4.15.060 Officers. Each board annually shall select from its membership a chair, vice - chair, and secretary. The chair shall preside at meetings of the board, and shall represent the board as directed by its membership. The vice -chair shall act in the absence of the chair. The secretary shall keep minutes of the board's proceedings. (Ord. 80 -29 -0 §1(part), 1980). 4.15.070 Meetings, quorum. A. A board shall hold a regular meeting once a quarter, or more frequently, in accordance with the board's rules of procedure. The chair or three (3) board members may call a special meeting of their board. B. A majority of the authorized membership of a board constitutes a quorum. All board actions shall be by vote of a majority of the board's authorized membership who are qualified to vote on the question under section 2.18.010 of this code. (Ord. 80 -29 -0 §1(part), 1980). 4.15.075 Reports and minutes. The service area board shall keep minutes of the proceedings, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the clerk and shall be a public record open to inspection by any person. (Ord. 95 -02 §2, 1995). 4 -7 (MB 06/2003) Supp. #38 Sections: 4.90.010 Creation and powers. 4.90.015 Service area exemptions. 4.90.020 Board. Chapter 4.90 BAY VIEW ROAD SERVICE AREA 4.90.010 - 4.90.020 4.90.010 Creation and powers. The Bay View road service area is established pursuant to Ordinance No. 86 -32 -0 and encompasses the area described in that ordinance. Road construction and maintenance powers shall be exercised in the Bay View road service area. (Ord. 91 -11 -0 §2 §7, 1991). 4.90.015 Service area exemptions. Parcels abutting state - maintained roads whose only access is on a state - maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. (Ord. 98 -04 §2 (part), 1998; Ord. 97 -28 -0 §4, 1997). 4.90.020 Board. The Bay View road service area board shall consist of five (5) members. (Ord. 98 -04 §2 (part), 1998; Ord. 91 -11 -0 §2 §7, 1991; Ord. 86 -32 -0 §1, 1986). 4 -24 (MB 12/98) Supp. #23 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of March 18, 2004 Confirmation of Mayoral Appointment to the Architectural Review Board. There are two seats vacant on the Architectural Review Board and one application was received from Brent Watkins. APPROVAL FOR AGENDA: ITEM NO. 13.D.5 Recommended motion: Move to confirm the mayoral appointment of Brent Watkins to a seat on the Architectural Review Board to expire December 31, 2007. ARCHITECTURAL REVIEW BOARD APPLICATION CONFIRMATION NAME DATE DATE TERM Friend, Jerrol Johnston, Jay Arndt, Scott Jerling, Charlie Jr. PENDING APPLICATIONS APPLICATION NAME DATE Watkins, Brent 11/20/04 cl/ boards / /misc /application /architectural review 11/18/02 11/27/02 03/18/04 03/18/04 2005 2005 2006 2006 12/9/2004 NAME: HOME PHONE: STREET ADDRESS: MAILING ADDRESS: 1 /66 - 0/ - 7 WORK PHONE: Sar v� a)? P h d s .hoc • `ai `l96/5- LENGTH OF RESIDENCE IN KODIAK: "c "" IN ALASKA: /Cf3 4 REGISTERED VOTER: YES (M'NO () PROPERTY OWNER IN KOD K: YES (c�NO ( ) COMMUNITY ACTIVITIES: A rat, . fe Viec L . J rci, Ic)teec r/ p arLS 1 Dee i eleS :0 s /ar r L a S /enr»-!. I PROFESSIONAL ACTIVITIES: (ons4r Ms, 6lii, lo AREA OFE PERTISE /OR I / ION: a° Q /� y � �n ( 1/ h /1 'n /J l S /4 o^y Are/wit-n/5 fffC L�:�P C• < < r� r / G S. .S'i` •2., 0a ( Inc...(„ Bu• n C/ (.�/Oft�c / / c✓r lit MG // � W ens C , \ !'eG' u J /// J ' eers So See" uli of l Bey 57 I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) )I. V t(ri1 (eJ4e,4) 3. M' AD 2, iii A :tgna ure KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen@kib.co.kodiak. 4. BOARD APPLICATION 1 DoarJ 2. rfi 2_7 ficAr Date NOV 2 9 2004 BOROUGH CLERK'S OFFICE A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. 'ease return the application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified By: Documentation: Appointment Letter. Applicants Residence: Borough ( ) City ( ) Roster Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: Jay Johnston P.O. Box 2503 Kodiak, AK 99615 Jerrol Friend 1515 Baranof Kodiak, AK 99615 Scott Arndt PO Box 76 Kodiak, AK 99615 Charlie Jerling, Jr. 1212 Madsen Kodiak, AK 99615 Vacant Vacant 2007 (Assembly Rep) Borough Clerks Office 710 Mill Bay Road Kodiak, AK 99615 Revised 10/19/2004 BOARDS /ROSTERS /ARCHITEC Kodiak Island Borough ARCHITECTURAL REVIEW BOARD/ BUILDING CODE BOARD OF APPEALS Term Home Expires Phone 2005 2005 496 -4077 486 -4946 654 4077 2006 481 -3745 486 -3745 2006 486 -8499 486 -8499 2007 Non - Voting ex- officios: School Board Representative Bob Tucker, Maint. & Oper.Director (KIBSD Representative) Bud Cassidy, Engineering /Facilities Director (MB Representative) Work Phone 486 -3595 486 -3908 486 -9238 486 -9340 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 16, 2004 Item Nos. 13.D.6 13.D.7 13.D.8 Confirmation of Mayoral Appointments to the Parks and Recreation Committee for Terms to Expire December 2007 There are currently four vacancies and there are three applicants: Pam Foreman, Murphy Forner, and Heather Turner. APPROVAL FOR AGENDA: 1. Recommended motion: to a seat on expire December 2007. 2. Recommended motion: to a seat on expire December 2007. 3. Recommended motion: to a seat on expire December 2007. Move to the Parks Move to the Parks Move to the Parks confirm the mayoral appointment of and Recreation Committee for a term to confirm the mayoral appointment of and Recreation Committee for a term to confirm the mayoral appointment of and Recreation Committee for a term to PARKS AND RECREATION COMMITTEE NAME Foster, Kevin Sirofchuck, Mike Huntley, Jeff Saltonstall, Patrick Tschersich, Hans Vacant Vaca Vacat PENDING APPLICATIONS NAME Foreman, Pam Forner, Murphy Turner, Heather cl /boards /misc /application /parks rec APPLICATION DATE 08/18/04 08/25/03 10/20/03 12/03/03 10/29/03 APPLICATION DATE 12/1/2004 10/26/04 07/21/04 CONFIRMATION DATE TERM 9/3/2004 11/6/2003 01/10/04 01/10/04 01/10/04 2005 2005 2006 2006 2006 12/9/2004 Murptp,LEQwer PO Box 3924 Kodi 15 Kevin Foster PO Box 3693 Kodiak, AK 99615 Mike Sirofchuck PO Box 970 Kodiak, AK 99615 Jeff Huntley 1015 Pine Cresent Kodiak, AK 99615 Patrick Saltonstall P.O. Box 3553 Kodiak, AK 99615 Hans Tschersich 1423 Baranof Street Kodiak, AK 99615 Vacant 2007 Vacant 2007 Vacant 2007 Vacant 2007 Wayne Biessel (State Rep, non - voting) SR 3800 Kodiak, AK 99615 Vacant ( School Bd & Student Rep, non - voting) Revised 10� CL\BOARDS \ROSTERS \PARK Kodiak Island Borough PARKS AND RECREATION COMMITTEE Term Expires 2005 Home Phone 201s 4815r3396 486 -0283 Work Phone 487 -363" 2005 486 -6498 486 -9147 2006 486 -4013 486 -7620 2006 486 -2634 486 -7004 2006 486 -5648 486 -9521 486 -6339 Michelle Stearns, Community Development (Staff Rep, non - voting) 486 -9363 486 -9396 - Fax Ian Fulp (City Parks & Rec, non - voting) 486 -8670 410 Cedar St Kodiak, AK 99615 B oa f Voter ID NO Verified By: L � Applicants Residence; Borough (yiCity ( ) Date Appointed: Term Expires on: Comments: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUG 710 MILL BAY RO KODIAK, ALASKA 9 PHONE: (907) 486 -9 FAX: (907) 486 -939 NAME: 1 ►' wp k HOME PHONE: 9 Y% g 07 - -33 / (o D ,DP 9 WORK ° C /87 - 43 (0 3 STREET ADDRESS: 5 9 S / lily ,DP !I r �� MAILING ADDRESS: . . k 3 c / LENGTH OF RESIDENCE IN KODIAK: 9 /O.S IN ALASKA: i g 8 y Rs. REGISTERED VOTER: YES (ej'NO () PROPERTY OWNER IN KODIAK: YES (C)—NO ( ) COMMUNITY ACTIVITIES: ` Gr' -3 a-- c Q.„ Q.„ c Cr` 4 tlee i it -T- e- V (� a-� PROFESSIONAL ACTIVITIES: Mco"ucce Vc cc\Act AREA OF EXPERTISE AND / R ED C A t TION (that would benefit membership on Boards) sfr n �bw w . v C \Y(\tr4 I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference): 1. � r \ C- 5 a,----, c ( Y-e C . 3. 2. 4. /7ni /G � �� / �l /`( Date 7 o Y Signature Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return application by the advertised deadline. - STAFF USE ONLY - Documentation: Appointment Letter Roster: Oath of Office: Financial Disclosure: { 11/30/2004 19:25 9074866545 KICVB Signal KODIAK ISLAND BO OFFICE OF THE BOROU 710 MILL BAY R KODIAK, ALASKA PHONE: (907) 486- FAX: (907) 486 -9 PAGE 01 MED 31 9 BOROUGH CLERK'S OFFICE DEC - 1 2004 NAME: gftf ‘40/11•9 HOME PHONE: 4 '1568 WORK PHONE: rJIP_ 'STREET ADDRESS: / &37 77 2= asiar s ed.% 1 i ,, MAILING ADDRESS: ,arks it, 41�/C // ' LENGTH OF RESIDENCE IN KODIAK: / 5 : 5 14 -4,14 Y IN ALASKA: 017 REGISTERED VOTER: YES (A NO () PROPERTY OWNER IN KODIAK Ix) &fA fQb% : YES () NO COMMUNITY ACTIVITIES: fi P4. � 1 At 4a< ] COU4steZ/AFLe edeVns c i b-s ator4.01fiery G #1) 01 " 740 .a. Alter/1/47eS. 1#,c,NA A. .A14, / , s+h`/ii/�, 14744/7-/A74 �/ PROFESSIONAL ACTIVITIES: erect r/1 - ZtrCtO.a_ Of Misr eek4f -e h,.. s✓ C /W ✓1.,Da -S a T ' // ti/ss 1 e- Di . 1746c Adam* 7 htieu> /�ciArra i/ 0r74) AREA OF EXPERTISE AND /ORKDUCATION (that would benefit membership on Boards) MY wrdrn.'sr• %N Oa'woo r Easrrrvy O 7 �ts-- pe6 wind. s ,'n. ' cC api s hito eat-. covv,v r ac c,fle' E A t o a t -0,4017 /'v 7 ce_I at/r ,rssu� 4 OJs-e s ~JO D Jett Deft - , 4 owe. I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference): 1. /9414e, ANA it 77:0 / 3. 4. �� /0� Date A resume or letter of interest may be attached, but is not required. This application will be kept on 61e for one year. Please return application by the advertised deadline. • STAFF USE ONLY • Vote 10 NO WASPS By. Deeumereake Apple/net LNUr fr&I {te RMq.a: S.S> CST () Pour Otto .wpe ele Oath at O( ct Term SODAS ON FlrurKlat DIWOSOA' GwmrAr. JUL -21 -2004 WED 02:56 PM Fh„ILITIES ENGR 07/21/2084 11:39 907- 486 -9391 2, MAW 41.4 t- VOW ID No Wad by AppNales &S WAN - • Waugh ( 1 Oro Or o_ ISG aL CL( �ntaz KODIAK ISLAND BOROUC3H OFFICE OF THE BOROUGH CLE 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 HCROUGM CLERK NAME: ROME PHONE: STREET ADDRESS: MAILING ADDRESS: CAW e LENGTH OF RESIDENCE IN KODIAK: REGISTERED VOTER = YES O NO ( ) COMMUNITY ACTIVITIES: A-vt c 4-f Ka. 1 R'V us 1. PanKS REDhTt 2237 SE: t..LbF LPN) Signature A resume or letter of interest may be attached, but ear. Please return ' plication • the advertised AS' Above✓ i ,tonrtlt$ 3. WORK PHONE: 4. 21 J '4 oy Date FAX NO. 901 487 5334 P. 01 PAGE 01 E C I E O V I E JUL 2 1 2004 BOROUGH CLERK'S OFFICE 1 407 -5324 lc 7,(02, IN ALASKA: 1R tU -eort PROPERTY OWNER IN KODIAK: YES () NO 14 PROFESSIONAL ACTIVITIES: >2 P9 tC acs 63 .S DC I a 010 Or k oo L C M S.yt AREA 01? EXPKIITISE AND /OR EDUCATION (that would benefit oaember{hip on Boards) • ?,AC46 &Amu( 11.4 ON 1- C1Jb t)tJ 'et ) , 'TTND L_ANb use.. o-tvC ch.) ICaNV& tsJ t'L- LAws t ?ei.tc +e5 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference): is not required. This application will be kept on file for one deadline. .g,AnnUsi ONLY Donnrti MpMOnwt lMlr, RAMC ohs u oan aCODE tam Fan p�.ld.l awr..c cammes: The City Council won't be meeting until January and would not be able to make a recommendation until then: Kodiak Island Borough AGENDA STATEMENT Meeting of December 16, 2004 Confirmation of Mayoral Appointment to the Planning and Zoning Commission There is one Borough and one City vacant seat on the Planning and Zoning Commission for terms to expire December 31, 2007. The following are the applicants: Charles Lorenson (Borough Resident) Reed Oswalt (Borough Resident) Mike Sirofchuck (Borough Resident) Brent Watkins (City Resident) Application received after the deadline date of November 30, 2004. Cheryl Boehland (Borough Resident) ITEM NO. 13.D.9 Recommended motion: Move to confirm the mayoral appointment of to a Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2007. NAME Carver, Gary (8) Friend, Jerrol (C) Janz, Casey (B) King, David (B) McMurry, Dennis (C) PENDING APPLICATIONS NAME Boehland, Cheryl (B) Lorenson, Charles (B) Oswalt, Reed (B) Sirofchuck, Mike (B) Watkins, Brent (C) cl /bo ards /misc/application /p z PLANNING AND ZONING COMMISSION APPLICATION DATE 11/19/02 11/18/02 09/05/03 08/25/03 08/06/02 APPLICATION DATE 12/09/04 11/02/04 11/12/04 11/29/04 11/29/04 CONFIRMATION DATE 12/12/02 12/12/02 01/10/04 01/10/04 01/10/04 INTERVIEW DATE 12/03/02 TERM 2005 2005 2006 2006 2006 12/10/2004 Dr. Gary A. Carver (B) 12021 Middle Bay Drive P.O. Box 52 Kodiak, AK 99615 Jerrol Friend (C) 1515 Baranof Kodiak, AK 99615 Casey Janz (B) 10674 Chiniak Drive Kodiak, AK 99615 David King (B) P.O. Box 3634 Kodiak, AK 99615 Dennis A. McMurry (C) 1413 Ismailov Kodiak, AK 99615 Kodiak Island Borough PLANNING & ZONING COMMISSION Vacant (B) 2007 Vacant (C) 2007 Term Home Work Expires Phone Phone 2005 487 -4551 487 -4551 2005 486 -4077 486 -4946 6544077 2006 487 -4055 487 -2125 2006 481 -2930 486 -8501 2006 486 -5528 654 -0728 Staff: Community Development Director, Michelle Stearns 486 -9360 Revised 10/19/2004 COI due 3/15 annually BOARDS \ROSTERS \P &Z NAME: 1. Gt / �S J Or(f/1 S b HOME PHONE: i SK` - / / `� 7 WORK PHONE: - (a (r 5 9 STREET ADDRESS: T d 56 er)5S S rive fc // MAILING ADDRESS: P-01 t x 3g a 7 tea ci I G /e 4-1c, S ke, 990/5 LENGTH OF RESIDENCE IN KODIAK: G. y e G its IN ALASKA: 1 (c y t4 v'S REGISTERED VOTER: YES (P5-NO () PROPERTY OWNER IN KODIAK: YES 6. NO O ( ) COMMUNITY ACTIVITIES: 'OFESSIONAL ACTIVITIES: S rven a. e ar e4S 16 6 c.if- KODIAK ISLAND BOROUGH OFFICE OF THE BOROUt� In 8 d E 710 MILL BAY RO KODIAK, ALASKA 9 PHONE: (907) 486 -9 FAX: (907) 486 -93 1 AREA OF EXPERTISE AND /OR EDUCATION (that would benefit membership on Boards) I AM (INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference): 1. f L IYM -) G 3. 4. ignatUf'e A y- Date/ NOV - 2 2004 BOROUGH CLERK'S OFFICE A resume or letter of interest may be attached, but is not required. This application will be kept on file for one ar. Please return application by the advertised deadline. • STAFF USE ONLY - Voter ID No Verified By: Documentation: Appointment Letter. Applicants Residence; Borough ( ) City ( ) Roster Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: LENGTH OF RESIDENCE IN KODIAK: f a r 9 PROFESSIONAL ACTIVITIES: S O-co la.t_ l f AREA OF EXPERTISE AND /OR EDUCATION: Signature Date KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL •jnielsen @kib.co.kodiak.ak.L BOARD APPLICATION ECEOV NOV 1 2 2004 BOROUGH CLERK'S OFFICE NAME: HOME PHONE: '184' / / 2qt WORK PHONE: STREET ADDRESS. 3 Co / 0 / i'J l/'/ 0 > MAILING ADDRESS: . e 5 7r 2_ IN ALASKA: '74, r S REGISTERED VOTER: YES�j(NO () PROPERTY OWNER IN KODIAK: YES P() NO ( ) () 7 COMMUNITY ACTIVITIES: !". Z - �Y(�jec �t. 1 - . • — Z eal a - A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified By: Documentation Appointment Letter. Applicants Residence; Borough ( ) City ( ) Roster. Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: NAME: HOME PHONE: STREET ADDRESS: MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: /a -t REGISTERED VOTER: YES (✓) () PROPERTY OWNER IN KOD K: YES (t<NO ( ) COMMUNITY ACTIVITIES: R rein . fe Vlec..) r e f . N.1 c L e cyrne arLS / 5 ; 0 ( €;12_,E-10-- 1 1e9 7 ne S fenai?- (.:) -.s mr— n eed , 1 (f j PROFESSIONAL / � ACTIVITIES: (ons4rLA Q . ‘9, igna ure s re.n 4 (v� 966-/7/ „ WORK PHONE: t? I S vv 2 X) eln fJ5 oo tLocks�1c_ at Q k 1 s zr bCor;Q • `ab 9 9615 — /e KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen @kib.co.kodiak.al..0 4. BOARD APPLICATION r•�1 P° S I ¢M ARE OF E AND /OR EDUCATION: r� 0 /� .L n /J �Irn p4- str _,, Ara L.tie c. Y Or G OP l�$• ..Sicaok0 -, v l.- 0 / / � I / ^ JJ o Leca r`�h rc ^ .� Qrcl cctS en (I S —CO /Cc�',II Sec I AM INTERESTED IN SEERVING ON THE FOLLOWING BOARD(S) (List in order A r e re t f board 2. K3. P,° z /7, Date Date day # IS C E O U LS NOV 2 9 2004 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. •ase return the application by the advertised deadline. BOROUGH CLERK'S OFFICE c✓ LeE 1-Le Sj of preference) Voter ID No Verified By: Applicants Residence: Borough ( ) City ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY • Documentation: Appointment Letter. Roster. Oath of Office: Financial Disclosure: 3. NAME: eh-n / 60th L iQ iii__ t-W k t tXa(NW / � / p n�,' HOME PHONE: HI? 1 1 1 7 1 437 WORK PHONE: (wr �� STREET ADDRESS: ! 2 - ! 1 68,4.0___ b /L I U QJ MAILING ADDRESS: PC &c 0 5 2.7 AREA OF EXPERTISE AND /OR EDUCATION: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL:jnielsen @kib.co.kodiak. 4. BOARD APPLICATIO 600-ida _ t7eca be,t., 9- wog Date u ECEOWEir DEC — 9 2004 BOROUGH CLERK'S OFFICE LENGTH OF RESIDENCE IN KODIAK: c � eox r3 IN ALASKA: 20 (. REGISTERED VOTER: YES M NO () PROPERTY OWNER IN KODIAK: YES t4 NO ( ) COMMUNITY ACTIVITIES: Kod La-Q, t - PROFESSIONAL ACTIVITIES: 3 %(�Q f ¥ YvtoYUT ✓),5 - et et l 4" 3(NI Vvt�C,� O (� J I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. pi a- ef/111YYi-i s kt.C1* z. A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline (/1� -STAFF USE ONLY - Voter ID No Verified By: r`- Documentation: Appointment Letter: Applicant's Residence; Borough () City Roster: Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: Women's Bay Service Area Board Regular Meeting Minutes September 27, 2004 CALL TO ORDER 7:05 pm Members Present — Chris Lynch, Tom Demi, Russ Toms, Ed Gondek, Spencer Schaeffer Citizens Present — none Citizen's Comments — None. Approval of Minutes — Minutes from the July meeting were approved as submitted. Old Business Fire Department — Russ gave a review of the reception held on September 25 Volunteers— We currently have 7 qualified volunteers and 3 in the process of becoming qualified. We also have junior volunteers. Road Service Area — Waiting for culvert for work on Kalsin Dr. New Business Fire Department — Received a check from Pierce; air packs were ordered; punch list on the truck is being worked on; working on getting new recruits. It was discussed that the existing fire truck needs to go thru a public surplus process later this year. Road Service — Chris encouraged everyone to vote and write in candidates for the board. Reviewed subdivision for Dewitt Fields on the Russian Creek side of Bells Flats. Meeting was adjourned at 8:00 p.m. Next Meeting — To be determined. Respect Submitted, L bw' Person ) Witness FIUME DEC - 1 2004 BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning a_1d Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on October 20, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — 'Chair Cheryl Boehland Gary Carver Casey Janz David King Reed Oswalt KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING OCTOBER 20, 2 MINUTES A quorum was established. COMMISSIONER OSWALT MOVED TO EXCUSE Commissioner McMurry. t The motion was SECONDED by Commissioner Carver and carried by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Others Present Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER CARVER MOVED TO APPROVE the minutes of the September 15, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black: Spoke regarding mobile home park issues. Presented a letter to the Commission and read a portion of it into the record. P & Z Minutes: October 20, 2004 Page 1 of 6 VII. PUBLIC HEARINGS A) Case 04 -008. Request for a disposal review of borough property, per KIBC 18.20.030, described as a portion of US Survey 2439 Lot 1 for the purpose of leasing borough land at less than fair market value in order to develop a recreational vehicle park, equestrian center and associated trails system. STAFF reported a letter requesting postponement had been received from the applicant and staff had no objection to the request for postponement. COMMISSIONER CARVER MOVED TO postpone case 04 -008 until the January 19, 2005 regular meeting of the Planning & Zoning Commission. The motion was SECONDED by COMMISSIONER JANZ. The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 04 -010. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.H, to permit satellite dishes and an equipment building on a five (5) acre portion of U.S. Survey 2538 -A. STAFF indicated seven (7) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant a request for a conditional use permit in accordance with KIB Code Section 17.13.040.H, to permit satellite dishes and an equipment building as a communication facility on a five (5) acre portion of U.S. Survey 2538 -A subject to the conditions of approval contained in the staff report dated September 24, 2004; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding and natural vegetation immediately surrounding the constructed facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2 Should the site be abandoned due to future advance of communications technology or development of alternative communications facilities, the site will be cleared within one (1) year of abandonment and returned to a natural state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the Planning and Zoning Commission will review the modifications at a public hearing prior to the implementation of such changes. P & Z Minutes: October 20, 2004 Page 2 of 6 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. This use, as well as similar communication and utility facilities have existed in this area for many years without conflicts. Conditions of approval suggested to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding ii area. Natural vegetation will be maintained around the facility. Colors of structures and dishes should be subdued tote extent possible and necessary. If the facility is abandoned, the site will be cleared of equipment and structures and retumed to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and supporting documentation, it appears that the conditional use will fulfill all other requirements of code. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. 17.67.05 C. That .granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The facility will,be constructed and maintained in accordance with all applicable federal. state and local relquirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by topography and vegetation from residential areas. A minimum of five acres has been designated for this CUP by survey description. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. P & Z Minutes: October 20, 2004 Page 3 of 6 APPEAL 04 -009. An APPEAL of an administrative decision, per Kodiak Island Borough Code 17.90.020A, issuing notice of violation to the owners of Bells Flats Subdivision, Block 7 Lot 17, for violation of KIBC 17.03.020, KIBC 17.03.060, and KIBC 17.03.080. STAFF indicated fourteen (14) public hearing notices were distributed for this case with two (2) being returned in favor of the request and two (2) being returned objecting to the request. Staff outlined the appeals procedure for the Commission. Staff recommended the Commission support staff's decision on this request. COMMISSIONER KING MOVED TO GRANT the appeal from the Notice of Violation dated August 19 2004 directing the property owner of Bells Flats Subdivision Block 7 Lot 17 to cease the unpermitted resource extraction activity conducted thereon. FINDINGS OF FACT [1] The activity documented on Bells Flats Block 7 Lot 17 is not commercial or industrial in nature. [2] The activity documented on Bells Flats Block 7 Lot 17 is consistent with the zoning and use of the property as a single - family residence and does not violate KIBC 17.17.020 — Permitted uses. The activity documented on Bells Flats Block 7 Lot 17 is an activity that does not require zoning compliance per KIBC 17.03.060 As a permitted use, the activity documented on Bells Flats Block 7 Lot 17 is not a prohibited use per KIBC 17.03.080. [4] The activity documented on Bells Flats Block 7 Lot 17 conforms to KIBC Title 17 and does not require zoning compliance per KIBC 17.03.020. [3] [3] The motion was SECONDED by COMMISSIONER CARVER. Glenn Mathes. appellant: Spoke in favor of his appeal. Marie Rice: Spoke in favor of letting the appellant finish his project. Mike Martin: Spoke in objection to the appellant's request. Glenn Mathes: Spoke in rebuttal. COMMISSIONER KING read into record the findings of fact that will be adopted should the existing motion be adopted. COMMISSIONER OSWALT read into record the letter dated October 10, 2004 from former Kodiak Island Borough Community Development Director William Walton. P & Z Minutes: October 20, 2004 Page 4 of 6 COMMISSIONER CARVER MOVED TO POSTPONE this request until the November 17, 2004 regular meeting as an old business item. COMMISSIONER JANZ SECONDED the motion. The question was called, and the motion CARRIED five yeas to one nay by roll call vote. Commissioner Boehland was the nay. Staff clarified that this item wquld return to the agenda as an old business item. VIII OLD BUSINESS A) Mobile Home Park Chapter (K1BQ 17.26) and Existing Nonconforming Uses and Structures Chapter (KIBC 17.36). The Commission requested the mobile home matrix be prepared by the next work session of November 2004. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Memo dated August 7, 2004 to William Ashton, ADEC, from Martin Lydick regarding Coastal Project Questiotmaire B) Letter dated September 23, 2004 to Clifford Anderson from Martin Lydick regarding letter of courtesy and advisory. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XL REPORTS A) Meeting schedule: • October 29, 2004 Chiniak Town Meeting, Chiniak School, 7 — 9 p.m. • November 10, 2004 work session at 7:30 p.m. in the KIB Conference room. • November 17, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. B) Staff reported on the Municipal Airport meeting. There were no further reports. P & Z Minutes: October 20, 2004 Page 5 of 6 COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Mike Martin: Presented questions regarding Appeal 04 -009. Dawn Black: Spoke regarding the mobile home park issue and continued the reading of her letter presented earlier. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Is enjoying the nice weather. COMMISSIONER OSWALT: Hopes the Commission can spend a significant amount of time and resolve the mobile home park issue. COMMISSIONER JANZ: Agreed with Reed. COMMISSIONER KING: Spoke regarding the mobile home park issue. Emphasized that the MHP outline is just ideas. COMMISSIONER FRIEND: Encouraged the Commissioners to ask a lot of questions about the appeal. IX. ADJOURNMENT ATTEST CHAIR FRIEND ADJOURNED the regular meeting at 8:55p.m. • By: ,L41 Erin Erin Whipple, Secretary Community Development Department DATE APPROVED: November 17, 2004. P & Z Minutes: October 20, 2004 KODIAK ISLAND BOROUGH PLANNING AND ZONING ISSION s By: end, Chair Page 6 of 6