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05/19/2005 Regular Meeting
Kodiak Island Borough May 19, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Torn Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 A. Kodiak Island Borough Assembly Regular Meetings of March 17 and April 7 and 21, and Special Meetings of March 31 and April 8, 2005. Mr. Tuck Bonney , Deputy Presiding Officer Assemblymember 6. A ARDS AND PRESENTATIONS Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemb /ymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Ms. Nancy Ga/stad Interim Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough May 19, 2005 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 10. BOROUGH MANAGER'S REPORT A. GFOA Award B. Student of the Month 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) A. Ordinance No. FY2005 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.057 General Fixed Assets to Provide for Disposal of Used Hospital Equipment. B. Resolution No. FY2005 -25 Establishing the Minimum Amount of Funds to be made available from local sources for the Kodiak Island Borough School District for the fiscal year beginning July 1, 2005 and ending June 30, 2006. Assembly Agenda Page 1 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Confirmation of Trinity Islands Paving District Assessment Roll. '13. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2005 and Ending on the Thirtieth Day of June 2006 (2006 Fiscal Year Budget). D. OTHER ITEMS 1. Receipt of the Architectural /Engineering Review Board's Recommendation for Engineering/ Geotech Services to Assist the KIB in Developing a Seismic Vulnerability Assessment of School Facilities and to Acquire Funding from the Federal Emergency Management Agency [FEMA]. 2. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 3. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing f Assessor to Accept the Application as if Timely Filed. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of November 17 and December 15, 2004 and January 19, February 16, and March 16, 2005. 2. Kodiak Island Borough School District Board of Education Regular Meeting of March 28, 2005. 3. Womens Bay Service Area Board Meeting of March 21, 2005. 4. Parks and Recreation Committee Regular Meeting of March 22 and End -of- the -Road Meeting of March 29, 2005. 5. Service Area No. 1 Board Meetings of October 12, 2004 and March 23, 2005. B. REPORTS 1. Kodiak Island Borough April 2005 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summary of May 2, 2005. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. 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 Assen Chambers. Kodiak Island Borough May 19, 2005 Assembly Agenda Page 2 Kodiak Island Borough May 19, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Tenn Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Penney Assemb /ymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Ms. Nancy Galstad Interim Borough Manager Ns. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough May 19, 2005 10. BOROUGH MANAGER'S REPORT Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION DRAFT 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of March 17 and April 7 and 21, and Special Meetings of March 31 and April 8, 2005. 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. GFOA Award C. Proclamations 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) A. Ordinance No. FY2005 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.057 General Fixed Assets to Provide for Disposal of Used Hospital Equipment. B. Resolution No. FY2005 -25 Establishing the Minimum Amount of Funds to be made available from local sources for the Kodiak Island Borough School District for the fiscal year beginning July 1, 2005 and ending June 30, 2006. 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenda Page 1 12. UNFINISHED BUSINESS A. Confirmation of Trinity Islands Paving District Assessment Roll. 13. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2005 and Ending on the Thirtieth Day of June 2006 (2006 Fiscal Year Budget). D. OTHER ITEMS 1. Receipt of the Architectural /Engineering Review Board's Recommendation for Engineering/ Geotech Services to Assist the KIB in Developing a Seismic Vulnerability Assessment of School Facilities and to Acquire Funding from the Federal Emergency Management Agency [FEMA]. 2. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 3. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing t.... Assessor to Accept the Application as if Timely Filed. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS B. REPORTS undred Percent o Title 3 Revenue Sectio 3.04.051 und. 1. Planning and Zoning Commission Regular Meetings of November 17 and December 15, 2004 and January 19, February 16, and March 16, 2005. 2. Kodiak Island Borough School District Board of Education Regular Meeting of March 28, 2005. 3. Womens Bay Service Area Board Meeting of March 21, 2005. 4. Parks and Recreation Committee Regular Meeting of March 22 and End -of- the -Road Meeting of March 29, 2005. 5. Service Area No. 1 Board Meetings of October 12, 2004 and March 23, 2005. 1. Kodiak Island Borough April 2005 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summary of May 2, 2005. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. 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 May 19, 2005 Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting March 17, 2005 DRAFT A regular meeting of the Kodiak Island Borough Assembly was held March 17, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Cecil Ranney, and Barbara Williams. Staff present were Interim Manager Nancy Galstad, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. BRANSON moved to excuse Assemblymembers Mike Anderson and Nancy Wells, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA BONNEY moved to approve the agenda seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None. AWARDS AND PRESENTATIONS A. Student of the Month - Mayor Selby Mayor Selby presented the Kodiak Island Borough Student of the Month Award to Kelsey Neussl, a Senior at Kodiak High School. CITIZENS' COMMENTS Ed Dersham spoke in support of Senate Bill 113 regarding groundfish rationalization. Sue Aspelund Special Assistant to the Department Fish and Game Director, said SB113 was worded to allow authorities to explore innovative strategies in allocation. Jeff Stephan, United Fishermen's Marketing Association, asked for financial support for a King Crab Enhancement Workshop to be held next year a few days before ComFish. Brian Allee felt the King Crab Enhancement Program was an opportunity to bring scientists together from all over the world. COMMITTEE REPORTS Assemblymember Branson said the Manager Hiring Committee met to review 21 applications and the names of three candidates would be presented to the Assembly for interviews in April. PUBLIC HEARING - None Kodiak Island Borough Assembly Minutes March 17, 2005 Page 1 BOROUGH MANAGER'S REPORT Manager Galstad said extensive damage was found on the baler tipping floor that would cost an additional $5,000 for the project. She received eleven RFP's for Seismic Studies and staff would present the contract in April. She continued the process to fill the CDD Director and Assessor positions. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby welcomed all the out -of -town guests who were attending ComFish. UNFINISHED BUSINESS - None NEW BUSINESS CONTRACTS 1. Contract No. 98 -48A Amending Contract No. 98 -48 by Reassigning Solid Waste Collection From USA Waste Management to Alaska Pacific Environmental and Extend the Contract to June 30, 2006. BONNEY moved to approve Contract No. 98 -48A amending Contract No. 98 -48 to approve the reassignment of solid waste collection from USA Waste Management to Alaska Pacific Environmental and extend the contract to June 30, 2006, seconded by RANNEY Manager Galstad said Pacific Environmental Assemblymember Abell contract. RESOLUTIONS this was to reassign the current contract to Alaska and to extend the contract to June 30, 2006. said additional discussion should be held on this Assemblymember Bonney said they should move forward and solicit bids after fifteen months. Assemblymember Williams felt it was important to have all assemblymembers involved in the discussion. Assemblymember Ranney said the Assembly was comfortable in moving this forward at the work session. ROLL CALL VOTE ON MOTION TO APPROVE FAILED: Abell, Branson, Williams (Noes); Bonney, Ranney (Ayes) 1. Resolution No. FY2005 -17 Designating the "Kodiak Fisheries Development Association" as Kodiak's "Eligible Crab Community Entity" in Connection with the Bering Sea /Aleutian Islands Crab Rationalization Program. BONNEY moved to adopt Resolution No. FY2005 -17, seconded by WILLIAMS Manager Galstad said Kodiak was designated as an "Eligible Crab Community Entity" (ECCE), and with that designation, the City of Kodiak and the Borough have the authority to jointly exercise certain Rights of First Refusal (ROFR) with respect to Processor Quota Shares (PQS) allocated to entities in Kodiak and certain communities in the Northern Gulf of Alaska. Kodiak Island Borough Assembly Minutes March 17, 2005 Page 2 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Williams, Abell 2. Resolution No. FY2005 -18 A Joint Resolution of the Assembly of the Kodiak Island Borough and the Council of the City of Kodiak Supporting the Construction of a New Alaska Department of Fish and Game Research and Administration Building on Near Island. BRANSON moved to adopt Resolution No. FY2005 -18, seconded by WILLIAMS Manager Galstad said the resolution supported the construction of a new ADF &G building on Near island. Also, the Borough would work with the City to ensure that the current ADF &G building was rehabilitated and fully utilized by the community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams, Abell, Bonney 3. Resolution No. FY2005 -19 Establishing Citizens Board of Equalization Dates for the Year 2005. WILLIAMS moved to adopt Resolution No. FY2005 -19, seconded by BRANSON Manager Galstad said the Citizens Board of Equalization date was set for Tuesday, May 17, 2005 at 7:30 p.m. in the Assembly Chambers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Williams, Abell, Bonney, Branson 4. Resolution No. FY2005 -20 Supporting the United Salmon Association Fisheries Economic Development Grant. BONNEY moved to adopt Resolution No. FY2005 -20, seconded by BRANSON Mayor Selby said the resolution urged the Department of Commerce, Community, & Economic Development to fund the grant application for the furtherance of salmon processing and marketing in Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Bonney, Branson, Ranney ORDINANCES FOR INTRODUCTION - None OTHER ITEMS 1. Resignation of Womens Bay Service Area Board Member. WILLIAMS moved to accept, with regret, the resignation of Thomas Demi from the Womens Bay Service Area Board for a term to expire October 2005 and direct the Borough Clerk to advertise the vacancy per borough code, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Ranney, Williams 2. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. Kodiak Island Borough Assembly Minutes March 17, 2005 Page 3 BRANSON moved to confirm the mayoral appointment of Robert M. Greene to a seat on the Parks and Recreation Committee for a term to expire December 2007, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Williams, Abell CITIZEN COMMENTS Bob Cox, Alaska Pacific Environmental G.M., spoke to the reassignment of USA Waste Management to their company that had doing business in Alaska for two years. Their commitment was to provide a high level of service to Kodiak. ASSEMBLYMEMBER COMMENTS Assemblymember Bonney was concerned that the waste collection contract was not in place. He thought other potential bidders should be allowed to do a presentation. Assemblymember Branson said it was fair to ask for a presentation from Alaska Pacific Environmental at the next work session. Assemblymember Branson congratulated the Student of the Month and the Chamber of Commerce staff for doing a remarkable job with ComFish. Assemblymember Williams congratulated the Student of the Month. She hoped the Assembly could move forward with the waste collection contract. Assemblymember Abell thanked Kelsey Neussl and her family for staying through the meeting. He thanked the Manager Hiring Committee for their hard work. Mayor Selby announced the Borough offices would be closed on Monday, March 28 in observance of Seward's Day Holiday. The Assembly was scheduled to meet in a work session on Thursday, March 31, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, April 7, 2005 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Ranney, Williams The meeting was adjourned at 8:37 p.m. ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes March 17, 2005 Page 4 CITIZENS' COMMENTS - None KODIAK ISLAND BOROUGH Special Assembly Meeting March 31, 2005 CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING DRAFT A special meeting of the Kodiak Island Borough Assembly was held March 31, 2005 in the Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:00 p.m. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Cecil Ranney, and Barbara Williams. Absent were Mike Anderson and Nancy Wells. Staff present were Administrative Official Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. A. Contract No. 98 -48A Amending Contract No. 98 -48 by Reassigning Solid Waste Collection From USA Waste Management to Alaska Pacific Environmental. BRANSON moved to approve Contract No. 98 -48A amending Contract No. 98 -48 to approve the reassignment of solid waste collection from USA Waste Management to Alaska Pacific Environmental, seconded by BONNEY Administrative Official Cassidy said that, per the terms of the existing contract, this would reassign the contract from USA Waste Management to Alaska Pacific Environmental. ROLL CALL VOTE CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Ranney, Williams B. Contract No. 2004 -60A Amending Contract No. 2004 -60 to Extend the Termination Date of Borough Interim Manager Nancy E. Galstad of Solutions, Inc. BRANSON moved to approve Contract No. 2004 -60A Amending Contract No. 2004 -60 to extend the termination date of Borough Interim Manager Nancy E. Galstad of Solutions, Inc. on or before May 31, 2005, seconded by BONNEY Mayor Selby noted that Interim Manager Galstad's contract originally terminated at midnight on this date. ROLL CALL VOTE CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Williams, Abell ADJOURNMENT BRANSON moved to adjourn the special meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams, Abell, Bonney The meeting adjourned at 7:08 p.m. ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes March 31, 2005 Page 1 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 7, 2005 DRAFT A regular meeting of the Kodiak Island Borough Assembly was held April 7, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Cecil Ranney, and Barbara Williams. Staff present were Interim Manager Nancy Galstad, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. BRANSON moved to excuse Assemblymember Nancy Wells, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA BONNEY moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of February 17, 2005. BRANSON moved to approve the minutes as submitted, seconded by WILLIAMS VOICE VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Proclamations - Mayor Selby Mayor Selby proclaimed April 2005 as "Child Abuse Prevention Month" calling upon all citizens to increase their participation in the efforts to prevent child abuse, thereby strengthening the communities in which we live. Mayor Selby proclaimed April 2005 as "Sexual Assault Awareness Month" encouraging all Alaskans to support local activities and programs which assist victims to learn more about the pervasiveness of sexual assault so we may eliminate this heinous crime. Aksana Mather, with the Kodiak Womens Resource and Crisis Center accepted the proclamations and thanked the Mayor and Assembly for their continued support. CITIZENS' COMMENTS Iver Malutin spoke in support of Resolution No. FY2005 -21 and noted the importance of keeping the local resources available to the community. Alexis Kwachka spoke in opposition to Resolution No. FY2005 -22. Scott Greenstreet, Laidlaw Education Services Branch Manager, said his letter to the Assembly regarding waste collection was a result of his research of the code and not meant to be derogatory in any way. Kodiak Island Borough Assembly Minutes April 7, 2005 Page 1 Kip Thomet spoke against Resolution No. FY2005 -22. Bruce Schactler said Resolution No. FY2005 -22 had no community benefit. Andy Lundquist phoned in opposition of Resolution No. FY2005 -22. Terry Haines said the people who signed the petition were not informed. Donna Jones said the cannery workers who signed the petition were misled. Julie Kavanaugh said the Assembly should address the Board of Fish or the North Pacific Fisheries Management Council regarding fishery issues and not the legislature. She urged the Assembly to remain neutral. Virginia Adams asked the Assembly to fail Resolution No. FY2005 -22. Oliver Holm opposed Resolution No. Fy2005 -22. Suzanne Payne phoned to ask the Assembly to fail Resolution No. FY2005 -22 and to send an Assemblymember to the Sea Grant Conference. COMMITTEE REPORTS Assemblymember Ranney reported the KIB School District Budget Review Committee would meet the last time to conclude their budget discussions. Assemblymember Anderson said the Gateway Communities seminar was beneficial and focused primarily on the economic growth of the community. Assemblymember Branson attended the Providence Kodiak Island Medical Center planning committee meeting conducted by Dennis McMillan relating to a medical campus in our community. She said the report would be forthcoming. PUBLIC HEARING A. Confirmation of Trinity Islands Paving District Assessment Roll. BONNEY moved to confirm the Trinity Islands Paving District Assessment roll, BRANSON Manager Galstad said this allowed property owners to object by presenting evidence of errors or inequalities in the assessment roll. Mayor Selby opened the public hearing. Dennis Dupras said it was inequitable to charge $1865.00 for a culvert. Mayor Selby said that was not associated with this public hearing and suggested he speak with the Engineering and Facilities Department Director. Mayor Selby closed the public hearing and reconvened the regular meeting. Assemblymember Anderson spoke of his involvement with the property and the events leading to the paving. He asked the Assembly to postpone this as he did not use the paved road for access yet he was assessed $14,523. Clerk Nielsen raised a point of order that the public hearing was closed and suggested that Assemblymember Anderson was speaking as a citizen and not as an Assemblymember. She thought he might want to declare a conflict of interest due to substantial financial impact. Kodiak Island Borough Assembly Minutes April 7, 2005 Page 2 Assemblymember Anderson declared a conflict of interest and Mayor Selby concurred. ABELL moved to postpone the confirmation of the assessment roll to April 21, 2005, seconded by BONNEY ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Abell, Bonney, Ranney, Williams (Ayes); Branson (No) BOROUGH MANAGER'S REPORT Manager Galstad said she hired Mary Ogle as the new Community Development Department Director and the Assessor position would be filled the middle of April. She was glad to see Assemblymember Ranney's letter regarding tax relief from oil revenues and urged everyone to contact the legislators. She said the KIB budget discussion would begin April 14. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby said that during House Resources committee hearings on HB 130, several parcels of land were removed that had generated public opposition, including the Kodiak Launch Complex (KLC) facility . He said the reduction was significant and appreciated the follow through from the committee. UNFINISHED BUSINESS - None NEW BUSINESS CONTRACTS 1. Contract No. 98 -48B Amending Contract No. 98 -48A by Extending the Term of the Contract. WILLIAMS moved to amend Contract No. 98 -48A by extending the term of the contract to December 31, 2006, seconded by ABELL Manager Galstad said this extended existing contract with Alaska Pacific Environmental for 18 months. BONNEY moved to amend the date to June 30, 2006, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Ranney, Williams, Abell ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO ONE: Bonney, Branson, Ranney, Williams, Anderson (Ayes); Abell (No) RESOLUTIONS 1. Resolution No. FY2005 -21 Urging the Alaska State Legislature to Designate the State Owned Land on Narrow Cape as a Permanent Public Use Administered by the Department of Natural Resources and to Ensure That, if the State of Alaska Decides to Sell the Property, the Kodiak Island Borough be Granted the "Right of First Refusal." BRANSON moved to adopt Resolution No. FY2005 -21, seconded by WILLIAMS Kodiak Island Borough Assembly Minutes April 7, 2005 Page 3 Assemblymember Bonney wanted the State owned land on Narrow Cape to never be sold and that the trails, beaches, and natural resources be permanently designated public and recreational use and that the Borough would have the "Right of First Refusal" if the State ever decided to sell or convey the property. Assemblymember Williams felt this was a proactive step. Assemblymember Ranney supported this; but, he did not want Shuyak Funds used to purchase the property. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams, Abell, Anderson, Bonney 2. Resolution No. FY2005 -22 Urging the Alaska State Legislature to Authorize the Board of Fish to Develop a Gulf of Alaska Groundfish Management and Allocation Plan. BRANSON moved to adopt Resolution No. FY2005 -22, seconded by WILLIAMS Manager Galstad said this was to encourage the Alaska Board of Fisheries to hold multiple public hearings in the Kodiak fishing communities to allow input by Kodiak residents in the process of developing the groundfish management and allocation plan. Mayor Selby said the resolution was misinterpreted as supporting SB113. Assemblymember Williams wanted to listen to the wishes of the fishermen. Assemblymember Branson appreciated the comments. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson, Ranney, Williams 3. Resolution No. FY2005 -23 Urging the Alaska State House and Senate to Approve the Governor's Proposed $37.5 Million Appropriation to Offset the Cost of State Required Municipal PERS Increases for the next Two Years. BRANSON moved to adopt Resolution No. FY2005 -23, seconded by ABELL Manager Galstad said that based on federal fuel use figures for Alaska, the State receives an additional $65 million per year when the cost of a barrel of oil increases $1. Meanwhile, Alaska's cities, boroughs, and all residents pay $20 million for the increase. If the State fails to share some of that increase the community will have to offset the State required PERS payment increases for at least the next two years. The impact to Kodiak would be higher taxes and a reduced ability to pay for education, planning and zoning, health, and other basic Borough functions. Assemblymember Ranney said it was time for legislators to move forward. Assemblymember Branson appreciated editor and said she fully supported ROLL CALL VOTE ON MOTION CARRIED Branson, Ranney, Williams Assemblymember Ranney's letter to the the resolution. UNANIMOUSLY: Abell, Anderson, Bonney, Kodiak Island Borough Assembly Minutes April 7, 2005 Page 4 ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -10 Rezoning Lot 8A -1 Block 5 Miller Point Subdivision From R -1 Two Family Residential Zoning District To PL- Public Use. (P &Z Case 040 -016) BONNEY moved to adopt Ordinance No. FY2005 -10 in first reading to advance to public hearing on April 21, 2005, seconded by BRANSON Manager Galstad said the property owner initiated this request to allow for greater flexibility in developing the lot. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Ranney, Williams, Abell OTHER ITEMS 1. Vacation of a Portion of the Temporary Turnaround Easement Located on Woodland Acres 2"d Addition, Block 3, Lot 6. (P &Z Case S05 -004) BRANSON moved to approve the vacation of a portion of the temporary turnaround easement located on Woodland Acres 2 " Addition, Block 3, Lot 6 (P &Z Case S05 -004), seconded by BONNEY Manager Galstad said the P &Z Commission approved the easement vacation after a public hearing on March 16, 2005, subject to three technical conditions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Williams, Abell, Anderson 2. Resignation of Board of Equalization Member. BONNEY moved to accept, with regret, the resignation of Deborah M. Milam from the Board of Equalization and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams, Abell, Anderson, Bonney 3. Resignation of Service Area No. 1 Board Member. BRANSON moved to accept, with regret, the resignation of Robert Casey from the Service Area No. 1 Board and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Williams, Abell, Anderson, Bonney, Branson CITIZEN CONSENTS - None. ASSEMBLYMEMEER COMMENTS Assemblymember Branson asked Manager Galstad to make the KIB Budget calendar available to the public. Assemblymember Anderson attended the "Gateway Communities" Conference in Anchorage and felt it was very productive. He apologized for his lack of protocol during the Trinity Islands Assessment public hearing. Kodiak Island Borough Assembly Minutes April 7, 2005 Page 5 Assemblymember Williams asked members of the community to attend the Assembly's public meetings. ANNOUNCEMENTS Mayor Selby announced the Assembly would meet in special work sessions tomorrow, April 8 at 10:00 a.m. and from 1:00 p.m. to 2:30 p.m. and 3:00 p.m. to 4:30 p.m. in the Borough Conference room to interview the Borough Manager applicants. There would be a special Assembly meeting tomorrow, April 8 at 5:00 p.m. in the Borough Conference Room. The Assembly would meet in a work session Thursday, April 14, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, April 21, 2005 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by RANNEY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson, Ranney, Williams The meeting was adjourned at 8:49 p.m. ATTEST: Jerome Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes April 7, 2005 Page 6 KODIAK ISLAND BOROUGH Special Assembly Meeting April 8, 2005 DRAFT A special meeting of the Kodiak Island Borough Assembly was held March 31, 2005 in the Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 5:00 p.m. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Nancy Wells, and Barbara Williams. Absent was Cecil Ranney. Staff present were Interim Manager Nancy Galstad, and Clerk Judi Nielsen. CITIZENS' COMMENTS - None Assemblymember Ranney arrived at 5:03 p.m. CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING A. EXECUTIVE SESSION Discussion of Personal Characteristics of Rick Gifford and Dan Ogg, Manager Applicants. BRANSON move to convene into executive session to discuss the personal characteristics of manager applicants Rich Gifford and Dan Ogg, a matter which would tend to defame or prejudice their character or reputation which is a matter that qualifies for executive session. Mayor Selby announced that both Mr. Gifford and Mr. Ogg agreed to this discussion during executive session. ROLL CALL VOTE CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Ranney, Wells, Williams The Assembly invited Manager Galstad and Clerk Nielsen to attend the executive session. At 5:05 p.m. Mayor Selby recessed the special meeting and convened the executive session. At 5:15 p.m. Mayor Selby closed the executive session and reconvened the special meeting. The Assembly directed the the Manager Negotiating Committee to begin the negotiation process with the applicant of your choice. The Assembly reviewed and made changes to the negotiating contract. ADJOURNMENT BONNEY moved to adjourn the special meeting, seconded by WILLIAMS ROLL CALL VOTE CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Wells, Williams The meeting adjourned at 5:34 p.m. ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes April 8, 2005 Page 1 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 21, 2005 A regular meeting of the Kodiak Island Borough Assembly was held April 21, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, and Barbara Williams. Absent were Mayor Jerome Selby and Assemblymembers Cecil Ranney and Nancy Wells. Staff present were Interim Manager Nancy Galstad, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. BRANSON moved to excuse Assemblymembers Ranney and Wells, seconded by WILLIAMS VOICE VOTE ON MOTION TO EXCUSE CARRIED UNANIMOUSLY APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL Administrative Official Cassidy requested that the Assembly remove Contract No. 2005 -08 from the agenda. BRANSON moved to amend the agenda by removing Item 13.A.1 Contract No. 2005- 08, seconded by ABELL VOICE VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY VOICE VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY DRAFT The Commission postponed their action on the Gravel Task Force because only four members were present as three members were attending a Parks and Recreation Committee meeting. Clerk Nielsen requested that the Assembly amend the agenda to remove Item No. 13.D.2. ABELL moved to amend the agenda by removing Item 13.D.2, seconded by BRANSON ROLL CALL VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Williams APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of March 3, 2005. WILLIAMS moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Employee of the Quarter Administrative Official Cassidy presented the Employee of the Quarter Award to Kirsten Galliher, Assessment Clerk I in the Assessing Department. Kodiak Island Borough Assembly Minutes April 21, 2005 Page 1 B. Student of the Month Deputy Presiding Officer Bonney presented the Student of the Month Awards to Ryan Amodo, a Tenth Grader from Akhiok School and Ronnie Tunohun, a Junior in Old Harbor High School. CITIZENS' COMMENTS Michael Rasmussen urged the Assembly to review the process that would allow private property owners to obtain flood insurance. Assemblymember Anderson previously spoke to Mr. Cassidy about the flood insurance study. He thought a State representative could make a presentation to the Assembly. Mel Stephens noted his submission of a letter regarding the Confirmation of Trinity Islands Paving District Assessment Roll. He said he was available for any questions. COMMITTEE REPORTS - None, PUBLIC HEARING A. Ordinance No. FY2005 -10 Rezoning Lot 8A -1 Block 5 Miller Point Subdivision From R -1 Two Family Residential Zoning District To PL- Public Use (P &Z Case 040 -016.) ANDERSON moved to adopt Ordinance No. FY2005 -10, seconded by BRANSON Administrative Official Cassidy said the property was acquired for Bayside Fire Hall and the rezone allowed greater flexibility in developing the lot. Mayor Selby opened the public hearing; hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Williams BOROUGH MANAGER'S REPORT Administrative Official Cassidy said funds originated by Senator Stevens were available for Kodiak roads, trails, and pedestrian (safety) paths for students walking to and from North Star School. He said the Architectural Review Board meetings were very productive and the seismic study presentations were impressive. He thanked Scott Arndt, Jay Johnston, Jerrol Friend, Charlie Jerling, Brent Watkins, Gregg Hacker, and Assemblymember Anderson for their participation. MESSAGES FROM THE BOROUGH MAYOR Deputy Presiding Officer Bonney said he would not support any tax increase for next fiscal year. He thought Assemblymember Abell's idea about utilizing a percentage of the Shuyak Fund had some merits. UNFINISHED BUSINESS A. Confirmation of Trinity Islands Paving District Assessment Roll. Assemblymember Anderson declared a conflict of interest and was excused. Kodiak Island Borough Assembly Minutes April 21, 2005 Page 2 Deputy Presiding Officer Bonney said the motion before the Assembly was to confirm the Trinity Islands Paving District Assessment Roll. Administrative Official Cassidy said the Assembly held a public hearing on April 7, 2005 which allowed any property owner to object to the roll by presenting evidence of errors and inequalities. WILLIAMS moved to postpone confirmation of the Trinity Islands Paving District Assessment Roll to the regular meeting of May 5, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Williams, Abell, Anderson NEW BUSINESS CONTRACTS 1. Contract No. 2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. BRANSON moved to approve Contract No. 2005 -09 with Rick Gifford, seconded by WILLIAMS Assemblymember Branson served on the Manager Hiring Committee with Assemblymembers Bonney and Williams. The process went smoothly and after Assembly direction, they negotiated the contract with Mr. Gifford. ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Williams, Abell RESOLUTIONS - None ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.057 General Fixed Assets to Provide for Disposal of Used Hospital Equipment. BRANSON moved to adopt Ordinance No. FY2005 -11 in first reading to advance to public hearing on May 5, 2005, seconded by WILLIAMS Administrative Official Cassidy said the hospital has several obsolete KIB assets that are stored in an area they hoped to renovate to accommodate the Community Health Center. This would allow the hospital to sell, auction, or otherwise dispose of the assets. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Williams, Abell, Anderson, Bonney OTHER ITEMS 1. Resignation of Fire Protection Area No. 1 Board Member. BRANSON moved to accept, with regret, the resignation of Robert Casey from the Fire Protection Area No. 1 Board and direct the Borough Clerk to advertise the vacancy per borough code, seconded by ANDERSON Kodiak Island Borough Assembly Minutes April 21, 2005 Page 3 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson, Williams CITIZENS COMMENTS Mel Stephens suggested that Borough staff present one budget without cuts and one budget with the recommended cuts. ASSEMBLYMEMBER COMMENTS Assemblymember Williams thanked Mr. Rasmussen for his comments about flood insurance and wanted additional discussion in the near future. She supported exploring all alternatives including accessing the Shuyak Fund interest. Assemblymember Abell wanted discussion on the Shuyak Fund interest prior to increasing taxes. He supported discussion on flood insurance. He thanked the Manager Hiring Committee for their time and felt the Assembly made a good decision. He said the Kodiak Island Sportsmen Association (KISA) could make great improvements at the rifle range with the grant funds they were going to receive. Assemblymember Anderson supported flood insurance discussion. He said there were time lines to meet when applying for some FEMA grants and was sorry to have missed the March 13 deadline. Assemblymember Branson congratulated the Students of the Month and Kirsten Galliher, Employee of the Quarter. She said this was the last week of the legislative session. She said there was not much State money coming through for the schools. She was open to discussion on the Shuyak Fund and would like to see the ordinance relating to it. Deputy Presiding Officer Bonney announced that the Assembly was scheduled to meet in a work session on Thursday, April 28, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, May 5, 2005 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BONNEY moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Williams The meeting adjourned at 8:07 p.m. ATTEST: Jerome Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes April 21, 2005 Page 4 9 Meeting of May /2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 9.A Ordinance No. FY2005 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.057 General Fixed Assets to Provide for Disposal of Used Hospital Equipment. Providence Kodiak Island Medical Center has in storage several KIB assets which are obsolete; and the area currently used for storage will be renovated to accommodate the Community Health Center. PKIMC CEO Don Rush have expressed to the Borough Manager in writing a desire to sell, auction, or otherwise dispose of these assets. FISCAL NOTES: NA Expenditure Required: ACCOUNT NO.: Amount APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance FV2005 -11. March 18, 2005 A EC! IVE MAR 2 2 2005 KIB MANAGER D 1915 E. Rennet Drive Kodiak, Alaska 99615 Nancy Galstad, Interim KIB Manager 710 Mill Bay Road Kodiak, AK 99615 Re: Kodiak Island Borough (KIB) Assets Stored at Providence Tel 907 486-3281 Dear Ms. Galstad: Since April of 1997 (when Providence began leasing the Hospital) many KIB assets have become obsolete and /or replaced. Some of these obsolete assets are being stored at the Hospital and it is becoming a real problem; especially with the pending renovation to accommodate the Community Health Center. In speaking with some KIB officials, storage space at the Borough is also an issue. I would like to request special Assembly approval to facilitate the disposal of these depreciated assets. I understand that the last community 'garage sale' of medical equipment and supplies was met with little enthusiasm. Because it does take a great deal of work to organize these events, I would recommend that Providence identifies an organization that will be willing to ship the medical equipment to a third -world country. I would also recommend that Providence contact the Salvation Army to inspect any non - medical equipment and supplies that may be beneficial for their community mission. Providence welcomes any KIB officials to inspect what is currently in storage to determine if any of the items may be beneficial to the KIB. In summary, I respectfully request the KIB Assembly to take action allowing Providence to dispose of equipment in a manner as identified above. If this action is not possible, please advise us of the Borough's plan to remove these items from Hospital storage, and when this may be accomplished. Sincerely, Donald J. Rush, CEO Providence Kodiak Island Medical Center KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2005 -11 Introduced by: Manager Galstad Requested by Finance Director Drafted by: Finance Director Introduced: 04217/2005 Public Hearing: 05/05/2005 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.04 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING SECTION 3.04.057 GENERAL FIXED ASSETS TO PROVIDE FOR DISPOSAL OF USED HOSPITAL EQUIPMENT WHEREAS, Providence Kodiak Island Medical Center has in storage several KIB assets which are obsolete; and WHEREAS, the area currently used for storage will be renovated to accommodate the Community Health Center; and WHEREAS, they have expressed to the Borough Manager in writing a desire to sell, auction, or otherwise dispose of these assets; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEM BLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.057 General fixed assets is hereby amended as follows: 3.04.057 General fixed assets. General fixed assets of the borough shall be valued in accordance with generally accepted accounting principles (GAAP). A. Land valuation. Generally land shall be valued at cost. If cost is not known, then land will be valued at fair market value at date of acquisition. Land acquired through foreclosure or default on land sale payments will be valued at fair market value at date of foreclosure or default. Donated land will be valued at fair market value at date of acquisition. B. Buildings and improvement valuation. All buildings and structures shall be valued at cost or cost of construction. If cost is not known then building and improvements will be valued at fair market value at date of acquisition. Donated buildings and improvements will be valued at fair market value at date of acquisition. C. Other fixed assets. Other fixed assets are those fixed assets (property, plant, and equipment) of the borough defined as tangible assets with a useful life in excess of two (2) years, an initial cost of five thousand (5,000) dollars, and those items that do not lose their identity when used with or applied to another asset. D. Exceptions prior to the fiscal year ending June 30, 2003. No road, bridge, culvert, viaduct, or other such major asset will be capitalized. These public assets by virtue of their nature claim a degree of immunity from pilferage, vandalism, and misappropriation. There shall be no exceptions starting with the fiscal year beginning July 1, 2003. E Providence Medical Center shall be given the authority to dispose of all obsolete hospital equipment by any means they deem appropriate. Any funds received for said equipment will revert to the Borough. An itemized list including KIB identification tags will be forwarded to the finance department at disposal for removal from fixed asset schedules. Kodiak Island Borough, Alaska Ordinance No. FY2005 -11 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS OF 2005 ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2005-11 Page 2 of 2 Meeting of May 19, 2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 9.B Resolution No. FY2005 -25 Establishing the Minimum Amount of Funds to be made available from local sources for the Kodiak Island Borough School District for the fiscal year beginning July 1, 2005 and ending June 30, 2006 The School Board submitted their budget on April 29, 2005. Alaska Statutes 14.14.060(c) provides that if the Assembly does not, within 30 days, furnish the school board with a statement (resolution) of the sum to be made available, the amount requested in the budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. Provided by KIBC 3.08.050, by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. The School District has asked for $8,863,654 from the Borough. The Borough budget is $8,506,440 or $357,214 less than the School District requested. FISCAL NOTES: NA Expenditure Required: ACCOUNT NO.: Amount Recommended motion: Move to adopt Resolution No. FY2005 -25. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -25 Requested by: Drafted by: Introduced: Public Hearing: Adopted: KIB Board of Education Finance Director 05/19/2005 05/19/2005 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE MADE AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006 WHEREAS, Kodiak Island Borough Code of Ordinances 3.08.030B provides that the Kodiak Island Borough Board of Education shall submit the proposed budget and local support requirements for the schools by the thirtieth of April; and WHEREAS, within thirty days after receipt of the school district budget, the assembly shall determine the amount of funds to be made available from local sources for school purposes and shall furnish the Board of Education with a statement of the sum to be made available; and WHEREAS, the Board of Education has submitted a proposed budget of $29,252,466 that includes a Kodiak Island Borough contribution for FY2006 of cash and in -kind services in the amount of $8,863,654; and WHEREAS, the amount of funds to be appropriated from local sources for school purposes will be incorporated into Ordinance No. FY2006 -01, the Borough's fiscal year 2006 appropriation and tax levy ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the minimum amount for the Kodiak Island Borough School District education operating budget for the fiscal year ending June 30, 2006 is set at $28,959,252 including a Kodiak Island Borough local contribution of $8,570,440 of which $7,640,440,is cash and $930,000 is in -kind services. The Kodiak Island Borough School District can use their fund balance in increase their budget to their reflected level. L\ c NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that a determination regarding additional funding may be made available to the Kodiak Island Borough School District based upon federal, state, and local funding available for the fiscal year ending June 30, 2006. ATTEST: 2J U KODIAK ISLAND BOROUGH ' 3 O �6 A . O Jerome M. Selby, Borough Mayor c ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 Judith A. Nielsen, cMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2005 -25 Page 1 of 1 Transfers KIBSD Contributions to KIBSD FY2005 Budget, FY2005 estimated, FY2006 Budget, KIBSD request Inkind Costs General Fund Data Proc. 126,650 126,650 126,650 Providence 381,350 381,350 381,350 X Guards 12,000 12,000 12,000 520,000 520,000 520,000 Audit Profession services Out Of Poc KIB KIB KIB KIBSD FY2005 FY2005 FY2006 FY2006 Budget Estimated Budgeted Request 7,326,440 7,326,440 7,640,440 7,869,654 30,000 7,000 37,000 33,000 8,000 41,000 30,000 7,000 37,000 Liability Insurance Insurance 90,000 104,263 110,000 Deductible 2,000 1,908 2,000 92,000 106,171 112,000 Total General Fund Contribution 649,000 667,171 669,000 Building and Grounds Salaries 1,000 2,706 1,000 Property Insurance 275,000 182,911 180,000 Snow Remov 30,000 15,241 30,000 Repairs/Ma 30,000 30,000 Minor Rep 20,000 20,000 356,000 200,858 261,000 Landscaping 2,000 0 0 2,000 0 Total contribution in B &G 358,000 200,858 261,000 Total In -Kind costs 1,007,000 868,029 930,000 994,000 125,971 Grand Total Total 8,333,440 8,194,469 8,570,440 8,863,654 293,214 Costs not included in transfer and in -kind Debt Service Costs 510,097 510,097 947,450 Capital Outlay 80,000 4,558 80,000 Total additional costs 590,097 514,655 1,027,450 Total Expenditures for Education 8,923,537 8,709,124 9,597,890 Difference Difference KIB vs KIBSD 2004 vs 2005 Appropriaiton 7,326,440 7,326,440 7,640,440 7,869,654 229,214 314,000 In -kind Services 1,007,000 868,029 930,000 994,000 64,000 (77,000) Total 8,333,440 8,194,469 8,570,440 8,863,654 293,214 237,000 Total KIBSD Request Less KIB reductions KIBSD Budget per KIB 29,252,466 (293,214) 28,959,252 Available KIBSD Fund Balance c 6/30/2004 (total fund balance was $2,870,433) 1,404,882 Plus unused in -kind funds from FY2005 (estimated) 138,971 Less budgeted use of Fund Balance FY2005 0 Projected KIBSD fund balance @ 6/30/2005 1,543,853 Less proposed use of fund balance FY2006 (293,214) Remianing Fund Balance FY2006 1,250,639 Percent of Fund Balance per annual expenditures 4.32% 103,156 800,789 325,102 9,941,768 991,609 76,267 12,238,691 243,959 884,879 1,371.224 72,413 392.931 778,864 49,040 21,335 215,235 4,029,880 1,948,352 20,960 115,999 455,721 1,344,207 342,706 70 53,777 17,464 25,565 28,683 4,353,504 6,045 88,876 34,893 381,345 126,650 18,334 8,595 17,859 367,808 156,053 28,629 320,030 781,457 299,305 78,539 61,645 284,680 291,069 993 822,682 122,080 44,341 660 6,704 12,000 76,698 154,236 204,681 56,242 (700) 4,852,429 25,474,504 110,593 683,408 357,042 9,743,291 885,671 106,945 11,886,950 187,773 12,000 825,733 1,443,212 3,767 397,210 718,867 40,908 17,765 190,009 3,837,244 2,283,171 64,333 161,780 435,937 1,421,482 167,028 975 53,195 16,570 24,137 28,189 4,656,797 5,518 103,701 62,425 381,350 126,650 41,346 123 333,501 176,260 38,015 216,466 738,777 390,857 78,943 78,556 367,996 315,421 1,085 663,637 123,966 5,198 22,406 7,792 91,236 22,816 259,324 191,554 (3,094) 4,841,825 25,222,816 99,500 712,729 320,976 10,079,645 931,639 89,580 12.234,069 169,420 12,000 959,330 1,400,360 1,296 408,927 710,745 42,093 20,981 179,051 3,904,203 161,376 3,151,841 38,919 107,403 445,410 1,955,907 361,206 1,600 72,900 20,900 24,600 23,150 6,365,212 6,350 120,328 37,000 381,350 126,650 32,000 50,000 367,000 175,775 28,455 154,087 883,041 385,910 79,330 61,823 387,592 239,252 772 648,338 95,000 43,000 6,800 76,660 1,500 183,472 87,500 4,658,985 27,162,469 99,500 733,063 327,520 10,234,929 957,894 95,212 12,448,118 169,420 12,000 1,043,735 1,475,956 1,296 405,517 725,318 42,717 21,948 210,963 4,108,870 165,570 3,305,543 40,971 120,084 465,239 2,611,583 568,932 1,600 72,900 20,900 24,600 23,150 7,421,072 6,350 142,928 37,000 381,350 126,650 32,000 50,000 367,000 193,800 28,465 174,471 890,583 566,050 79,045 78,712 383,304 336,049 772 774,447 110,000 43,000 9,300 75,860 16,500 162,534 97,500 5,163,670 29,141,730 DESCRIPTION Superintendent Principal- Asst. /Head Tchr Managers/Directors-Cert. Teachers Specialists -Cert. Extraduty Pay -Cert. Sub -total Certificated Salaries Managers /Directors - Class. Board Stipends Aides Support Staff S pecialists/T EA's -Class Maintenance Staff Custodial Staff Extraduty Pay - Class. Overtime S ubstitutes/Temporary Sub -total Classified Salaries Salary/Benefit Contingency Insurance - Health & Life Unemployment Insurance Worker's Compensation Fica /Medicare Contribution TRS PERS Hepatitis Vaccine Housing Allowance Transportation Allowance Moving Allowance Other Employee Benefits Sub - total Fringe Benefits Life Guard Services Profl/Technical Services lnkind-Audit lnkind-Mental Health Inkind -Data Processing Inkind - Grounds Maintenance Inkind- Crossing Guards Inkind- remodeling Inkind - Liability Insurance Staff Travel /Perdiem Student/Chaperone Travel Extra Curricular Travel Electricity Fuel- Heating & Cooking Water & Sewer Garbage Communications/Postage Other Purchased Services Student Catastrophic Liability Insu Supplies/Media/Materials Maintenance Supplies Janitorial Supplies Warehouse Inventory Adj. Gas & Oil (Vehicles) Stipends Other Expense Building Improvements Equipment Transfers to Other Funds Reimbursable Expenses Sub - total Non - Personnel Costs Total General Fund FY2006 BUDGET PREPARATION SUMMARY BY OBJECT FY03 ACTUAL FY04 ACTUAL Beginning FY2005 BUDGET PROPOSED FY2006 BUDGET $ OF CHANGE OVER FY05 20.334 6,544 155.284 26,255 5.632 214,049 94.405 75.596 (3.410) 14,573 624 967 31,912 204,667 4,194 153,702 2.052 12.6B1 19,829 855,676 207,726 1.055.860 22.600 18,025 10 20,384 7.542 180,140 (285) 16.889 (4,288) 96,797 126,109 15,000 2.500 (800) 15.000 (20,938) 10.000 504,685 1,979.261 15 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Detail of Major Expenditure Increases To FY 06 Expenditures 1 Salary Increases Per Negotiated Agreements 3. Mandated State of Alaska Retirement Benefit Increases 4. Health Insurance Increase Estimate 5. Non Personnel Increases Fuel 10/13/2003 = $1.0745 Fuel 11/01/2004 = $1.8354 Certified $ 214,049 Classified $ 172,755 Substitutes $ 31,912 2. Benefit Increases Related To Negotiated Agreement Salary Increases Unemployment $ 2,052 Worker's Comp $ 12,681 Fica /Medicare $ 19,829 TRS $ 33,871 PERS $ 16,173 TRS 16% to 21% PERS 9.85% to 14.85% $ 621,805 $ 191,553 $ 153,702 Technology $ 58,912 Curriculum /Staff Development $ 98,550 Correspondence $ 56,485 Electricity $ 7,542 Fuel $ 180,140 Garbage $ 16,889 Travel $ 4,650 TOTAL Major Increases $ 1,893,550 FY 06 Proposed Budget FY 05 Beginning Budget $ 29,141,730 $ 27,162,469 Total Budget Increase $ 1,979,261 16- 68 DI O 0 U) O Q C N -0 y CO a) U C a) 0 m 0 C m a) 0 0 C 0) 0 O 0 CO 0 W 0 O C W a2 s Q O CC N ' ' VO O 0 C M r O r O (O 0 O 0 r 69 69 69 68 69 64 N O 0 O 0 0 N O 0 4'1 V OJ CD CM 0 69 69 64 ) Cl) 0 0 LO 0 0 C Q mI O V co a) to ro r) 0) r) O 0) r) 0 m 69 ri CO 0 0 N O 0 r 0 0 C (j N 0)) CO O V N 0) r) C..) CO 64 IC O (0 O (0 T 0 (D N N 0) CO N En 69 69 9 7 ' V CO O N N • CO . r O CO CO V r 0 N V A- 69 69 64 68 69 64 V 0 0 (O 0 O (0 0 0 COvm CO (7D r) DO 0) n') 69 V3 N. ((] 0) V 6969 69 69 69 69 69 69 69 O O o f V 0 0 V 0 0 0) Cr, CO m r) r 69 69 69 V N 0 V) r O (0 CO 0 N L 0 r) N CO N 69 6469 r 0) 0 D M 0 r 0 0) P- V N T 63 68 68 0) (D 0 r 0 CV (0 (0 ( N O / N 69 69 69 CO CO 0 N V 0 Orr 6463 64 CO r 0 0 V O x (0 (0 (n (0 aO r) N W (O N 69 69 64 O 0) O 0) P 0 0 CO O N G N r OI O (D r) 111. O (O N r N 69 69 69 64 vs- LO N 63 N O r O O CD ED 64 N N N N 64 0) CD CO r) N 69 0 0) CO r N 0 tO 0 Q) 0 (0 N N (0 0 r M - C CO u V r r N 0 co r O N r N 69 69 69 69 68 64 O O N m r CO 69 CO N O m r r 0) 0 (O 0 N (0 in V 69 6969 DO N O Or 0) (0 O OO r co) 0 D • r N N (O V 0 N V Co N - to 0) N 64 69 64 69 69 CO N O CO r N 0 0 co N (O (O Cr 69 6964 (0 H KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -25 Requested by: Drafted by: Introduced: Public Hearing: Adopted: KIB Board of Education Finance Director 05/19/2005 05/19/2005 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE MADE AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 30, 2006 WHEREAS, Kodiak Island Borough Code of Ordinances 3.08.030B provides that the Kodiak Island Borough Board of Education shall submit the proposed budget and local support requirements for the schools by the thirtieth of April; and WHEREAS, within thirty days after receipt of the school district budget, the assembly shall determine the amount of funds to be made available from local sources for school purposes and shall furnish the Board of Education with a statement of the sum to be made available; and WHEREAS, the Board of Education has submitted a proposed budget of *29,252,466 that includes a Kodiak Island Borough contribution for FY2006 of cash and in -kind services in the amount of $8,863,654; and WHEREAS, the amount of funds to be appropriated from local sources for school purposes will be incorporated into Ordinance No. FY2006 -01, the Borough's fiscal year 2006 appropriation and tax levy ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the minimum amount for the Kodiak Island Borough School District education operating budget for the fiscal year ending June 30, 2006 is set at *28,895,252 including a Kodiak Island Borough local contribution of $8,506,440 of which $7,626,440 is cash and *880,000 is in -kind services. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that a determination regarding additional funding may be made available to the Kodiak Island Borough School District based upon federal, state, and local funding available for the fiscal year ending June 30, 2006. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, cMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2005 -25 Page 1 of 1 Transfers KIBSD Contributions to KIBSD FY2005 Budget, FY2005 estimated, FY2006 Budget KIBSD request KIB KIB KIB KIBSD FY2005 FY2005 FY2006 FY2006 Budget Estimated Budgeted Request 7,326,440 7,326,440 7,626,440 7,869,654 Inkind Costs General Fund Data Proc. 126,650 126,650 126,650 Providence 381,350 381,350 381,350 X Guards 12,000 12,000 12,000 520,000 520,000 520,000 Audit Profession services 30,000 33,000 30,000 Out Of Poc 7,000 8,000 7,000 37,000 41,000 37,000 Liability Insurance Insurance 90,000 104,263 110,000 Deductible 2,000 1,908 2,000 92,000 106,171 112,000 Total General Fund Contribution 649,000 667,171 669,000 Building and Grounds Salaries 1,000 2,706 1,000 Property Insurance 275,000 182,911 180,000 Snow Remov 30,000 15,241 30,000 Repairs/Ma 30,000 0 Minor Rep 20,000 0 356,000 200,858 211,000 Landscaping 2,000 0 0 2,000 0 Total contribution in B&G 358,000 200 858 211,000 Total In- Kind costs 1,007,000 868,029 880,000 994,000 Grand Total Total 8,333,440 8,194,469 8,506,440 8 863 654 Costs not included in transfer and in -kind Debt Service Costs 510,097 510,097 947,450 Capital Outlay 80,000 4,558 80,000 Total additional costs 590,097 514,655 1,027,450 Total Expenditures for Education 8,923,537 8,709,124 9,533,890 Difference Appropriaiton 7,326,440 7,326,440 7,626,440 7,869,654 243,214 In -kind Services 1,007,000 868,029 880,000 994,000 114,000 Total 8,333,440 8,194,469 8,506,440 8,863,654 357,214 Total KIBSD Request 29,252,466 Less KIB reductions (357,214) KIBSD Budget per KIB 28,895,252 Available KIBSD Fund Balance @ 6/30/2004 (total fund balance was $2,870,433) 1,404,882 Plus unused in -kind funds from FY2005 (estimated) 138,971 Less budgeted use of Fund Balance FY2005 0 Projected KIBSD fund balance @ 6/30/2005 1,543,853 Less proposed use of fund balance FY2006 (357,214) Remianing Fund Balance FY2006 1,186,639 Percent of Fund Balance per annual expenditures 4.11 DESCRIPTION Superintendent Principal - Asst. /Head Tchr Managers/Directors-Cert. Teachers Specialists -Cert. Extraduty Pay -Cert. Sub - total Certificated Salaries Managers /Directors - Class. Board Stipends Aides Support Staff S pecia I i sts/TEA's -Class Maintenance Staff Custodial Staff Extraduty Pay - Class. Overtime Substitutes/Temporary Sub - total Classified Salaries Salary/Benefit Contingency Insurance - Health & Life Unemployment Insurance Worker's Compensation Fica /Medicare Contribution TRS PERS Hepatitis Vaccine Housing Allowance Transportation Allowance Moving Allowance Other Employee Benefits Sub - total Fringe Benefits Life Guard Services Profl/Technical Services Inkind -Audit Inkind - Mental Health Inkind -Data Processing Inkind- Grounds Maintenance Inkind- Crossing Guards Inkind- remodeling Inkind - Liability Insurance Staff Travel/Perdiem Student/Chaperone Travel Extra Curricular Travel Electricity Fuel- Heating & Cooking Water & Sewer Garbage Communications/ Postage Other Purchased Services Student Catastrophic Liability lnsu Supplies/Media/Materials Maintenance Supplies Janitorial Supplies Warehouse Inventory Adj. Gas & Oil (Vehicles) Stipends Other Expense Building Improvements Equipment Transfers to Other Funds Reimbursable Expenses Sub - total Non - Personnel Costs Total General Fund FY2006 BUDGET PREPARATION SUMMARY BY OBJECT 103,156 800,789 325,102 9,941,768 991,609 76,267 12,238,691 243,959 884,879 1,371,224 72,413 392.931 778,864 49,040 21,335 215,235 4,029,680 1,948,352 20,960 115,999 455,721 1,344,207 342,706 70 53,777 17,464 25,565 28,683 4,353,504 6,045 88,876 34,893 381,345 126,650 18,334 8,595 17,859 367,808 156,053 28,629 320,030 781,457 299,305 78,539 61,645 284,680 291,069 993 822.682 122,080 44,341 660 6,704 12,000 76,698 154,236 204,681 56,242 (700) 4,852,429 25,474,504 110,593 683,408 357,042 9,743,291 885,671 106,945 11,886,950 187,773 12,000 825,733 1,443,212 3,767 397,210 718,867 40,908 17,765 190,009 3,837,244 2,283,171 64,333 161,780 435,937 1,421,482 167,028 975 53,195 16,570 24,137 28,189 4,656,797 5,518 103,701 62,425 381,350 126,650 41,346 123 333,501 176,260 38,015 216,466 738,777 390,857 78,943 78,556 367,996 315,421 1,085 663,637 123,966 5,198 22,406 7,792 91,236 22,816 259,324 191,554 (3,094) 4,841,825 25,222,816 99,500 712,729 320,976 10,079,645 931,639 89,580 12.234,069 169,420 12,000 959,330 1,400,360 1,296 408,927 710,745 42,093 20,981 179,051 3,904,203 161,376 3,151,841 38,919 107,403 445,410 1,955,907 361,206 1,600 72,900 20,900 24,600 23,150 6,365,212 6,350 120,328 37,000 381,350 126,650 32,000 50,000 367,000 175,775 28,455 154,087 883,041 385,910 79,330 61,823 387,592 239,252 772 648,338 95,000 43,000 6,800 76,660 1,500 183,472 87,500 4,658,985 27,162,469 99,500 733,063 327,520 10,234,929 957,894 95,212 12,448,118 169,420 12,000 1,043,735 1475,956 1,296 405,517 725,318 42,717 21,948 210,963 4,108,870 165,570 3,305,543 40,971 120,084 465,239 2,611,583 568,932 1,600 72,900 20,900 24,600 23,150 7,421,072 6,350 142,928 37,000 381,350 126,650 32,000 50,000 367,000 193,800 28,465 174,471 890,583 566,050 79,045 78,712 383,304 336,049 772 774,447 110,000 43,000 9,300 75,860 16,500 162,534 97,500 5,163,670 29,141,730 FY03 ACTUAL FY04 ACTUAL Beginning FY2005 BUDGET PROPOSED FY2006 BUDGET $ OF CHANGE OVER FY05 20,334 6,544 155.284 26.255 5,632 214.049 84.405 75,596 (3,410) 14,573 624 967 31,912 204,667 4,194 153,702 2,052 12,681 19,829 655,676 207,726 1,055.860 22.600 18,025 10 20,384 7,542 180.140 (285) 16.889 (4,288) 96.797 126.109 15.000 2,500 (800) 15,000 (20,938) 10,000 504,685 1,979,261 15 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Detail of Major Expenditure Increases To FY 06 Expenditures 1 Salary Increases Per Negotiated Agreements 3. Mandated State of Alaska Retirement Benefit Increases 4. Health Insurance Increase Estimate 5. Non Personnel Increases Fuel 10/13/2003 = $1.0745 Fuel 11/01/2004 = $1.8354 Certified $ 214,049 Classified $ 172,755 Substitutes $ 31,912 2. Benefit Increases Related To Negotiated Agreement Salary Increases Unemployment $ 2,052 Worker's Comp $ 12,681 Fica /Medicare $ 19,829 TRS $ 33,871 PERS $ 16,173 TRS 16% to 21% PERS 9.85% to 14.85% $ 621,805 $ 191,553 $ 153,702 Technology $ 58,912 Curriculum /Staff Development $ 98,550 Correspondence $ 56,485 Electricity $ 7,542 Fuel $ 180,140 Garbage $ 16,889 Travel $ 4,650 TOTAL Major Increases $ 1,893,550 FY 06 Proposed Budget FY 05 Beginning Budget $ 29,141, 730 $ 27,162,469 Total Budget Increase $ 1,979,261 16 68 C O 01 E U) N O O CO co CO Q ` ca E M E o LL 0 U C N a) 01 0 NI a Q m o_ m ()DI 0) V C 1 I El N r n O N V 0 CO r 0 N 0 CO r (0 n r 69 6 4 69 0 0 0 N N 0 (O 0 0 (O N 0 N 0 0 N O N V O r N N 0 0 0)) 0) ) CO N N r N r a) 00 NI 69 69 69 N 69 69 V ' V CO 0 N N h O M M M N N N V r 69 69 69 ✓ 0 0 (D 0 0 0) V O D 0) CO CO 0) CO 69 69 69 64 69 69 N N CO O 0) r r 0 N N 0) O N . r O V' V N r m r y- H9 69 69 CO 69 (A 69 cn N O O r O O N CO N 0 0 yj 0) 0 0 07 O 0 O O > OI N O O N O N. 0 O ((0 N 0 E Q O O V O N CO LO O O r M N U] O M 0) M co co r N N (O r 0 O m r CO M CO N O N V 'yr CD O N- N (O N N m 69 E9 69 69 6969 69 N � V9 V9 69 69 N M' CO CO 0 0 O O P2 N r-- V 0 N CI) r- n 5 69 69 64 69 69 69 N N N N N N V9 co 0 co (9 O O O ^ V O 0)) wr 0 o N O o E Q LO n rnm ( ' ro = W N W CO CO CO N CO U m 69 r O co" N r 69 69 69 69 69 69 N 69 co o of 0 0 0 0) m00 1" 00 CI CO O V O O N 0 N co (9 0 0)) ((0 CO O r 0 O N: co co" N N.- r N 63 69 64, 69 0 69 69 C O r . O 0 W O = O _ C J J 0 W a Y, , m m CL w QSO F(n(i I— W 69 O 0) (0 co [D O) N 0) O Cr) CO O N V C 0 J O CO CO ^ 0 0 (D N (0 co co co O 7 0 O (D t` r O M N (N (D r M r 0 N CO N N N N r r N N m 'r • N 0) r - ^ (17 0) N N 69 69 64 lA 69 a9 0 63 63 69 6969 CO N o 0 CO N r M CO O) O (D N- O ar c ni N N CO LO V r r ( r LO ON v 0) •.-., N 69 69 64 69 69 FY2006 BUDGET PREPARATION SUMMARY BY OBJECT 103,156 800,789 325,102 9,941,768 991,609 76.267 12,238,691 243,959 884,879 1,371,224 72,413 392.931 778,864 49,040 21,335 215,235 4,029,880 1,948,352 20,960 115,999 455,721 1,344,207 342,706 70 53,777 17,464 25,565 28,683 4,353,504 6,045 88,876 34,893 381,345 126,650 18,334 8,595 17,859 367,808 156,053 28,629 320,030 781,457 299,305 78,539 61,645 284,680 291,069 993 822,682 122,080 44,341 660 6,704 12,000 76,698 154,236 204,681 56,242 (700) 4,852,429 25,474,504 110,593 683,408 357,042 9,743,291 885,671 106,945 11,886,950 187,773 12,000 825,733 1,443,212 3,767 397,210 718,867 40,908 17,765 190,009 3,837,244 2,283,171 64,333 161,780 435,937 1,421,482 167,028 975 53,195 16,570 24,137 28,189 4,656,797 5,518 103,701 62,425 381,350 126,650 41,346 123 333,501 176,260 38,015 216,466 738,777 390,857 78,943 78,556 367,996 315,421 1,085 663,637 123,966 5,198 22,406 7,792 91,236 22,816 259,324 191,554 (3,094) 4,841,825 25,222,816 99,500 712,729 320,976 10,079,645 931,639 89,580 12.234,069 169,420 12,000 959,330 1,400,360 1,296 408,927 710,745 42,093 20,981 179,051 3,904,203 161,376 3,151,841 38,919 107,403 445,410 1,955,907 361,206 1,600 72,900 20,900 24,600 23,150 6,365,212 6,350 120,328 37.000 381,350 126,650 32,000 50,000 367,000 175,775 28,455 154,087 883,041 385,910 79,330 61,823 387,592 239,252 772 648,338 95,000 43,000 6,800 76,660 1,500 183,472 87,500 4,658,985 27,162,469 99,500 733,063 327,520 10,234,929 957,894 95,212 12,448,118 169,420 12,000 1,043,735 1,475,956 1,296 405,517 725,318 42,717 21,948 210,963 4,108,870 165,570 3,305,543 40,971 120,084 465,239 2,611,583 568,932 1,600 72,900 20,900 24,600 23,150 7,421,072 6,350 142,928 37,000 381,350 126,650 32,000 50,000 367,000 193,800 28,465 174,471 890,583 566,050 79,045 78,712 383,304 336,049 772 774,447 110,000 43,000 9,300 75,860 16,500 162,534 97,500 5,163,670 29,141,730 DESCRIPTION Superintendent Principal- Asst. /Head Tchr Managers/Directors-Cert. Teachers Specialists -Cert. Extraduty Pay -Cert. Sub -total Certificated Salaries Managers /Directors - Class. Board Stipends Aides Support Staff S pecia lists/TEA's -C la s s Maintenance Staff Custodial Staff Extraduty Pay - Class. Overtime Substitutes/Temporary Sub -total Classified Salaries Salary/Benefit Contingency Insurance - Health & Life Unemployment Insurance Worker's Compensation Fica /Medicare Contribution TRS PERS Hepatitis Vaccine Housing Allowance Transportation Allowance Moving Allowance Other Employee Benefits Sub -total Fringe Benefits Life Guard Services ProD /Technical Services Inkind -Audit Inkind - Mental Health Inkind -Data Processing Inkind- Grounds Maintenance Inkind- Crossing Guards Inkind - remodeling Inkind - Liability Insurance Staff Travel /Perdiem Student/Chaperone Travel Extra Curricular Travel Electricity Fuel- Heating & Cooking Water & Sewer Garbage Communications /Postage Other Purchased Services Student Catastrophic Liability Insu Supplies/Media/Materials Maintenance Supplies Janitorial Supplies Warehouse Inventory Adj. Gas & Oil (Vehicles) Stipends Other Expense Building Improvements Equipment Transfers to Other Funds Reimbursable Expenses Sub -total Non - Personnel Costs Total General Fund FY03 ACTUAL FY04 ACTUAL Beginning FY2005 BUDGET PROPOSED FY2006 BUDGET $ OF CHANGE OVER FY05 20,334 6.544 155.284 26.255 5.632 214,049 84.405 75.596 (3,410) 14,573 624 967 31,912 204,667 4.194 153,702 2.052 12.681 19,829 855,676 207,726 1,055.860 22,600 18,025 10 20.304 7,542 180,140 (285) 16.889 (4,288) 96.797 126,109 15,000 2.500 (800) 15.000 (20,938) 10,000 504.685 1,979,261 15 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Detail of Major Expenditure Increases To FY 06 Expenditures 1 Salary Increases Per Negotiated Agreements 2. Benefit Increases Related To Negotiated Agreement Salary Increases 3. Mandated State of Alaska Retirement Benefit Increases 4. Health Insurance Increase Estimate 5. Non Personnel Increases Fuel 10/13/2003 = $1.0745 Fuel 11/01/2004 = $1.8354 Certified Classified Substitutes Unemployment Worker's Comp Fica /Medicare TRS PERS TRS 16% to 21% PERS 9.85% to 14.85% Technology Curriculum /Staff Development Correspondence Electricity Fuel Garbage Travel TOTAL Major Increases FY 06 Proposed Budget FY 05 Beginning Budget Total Budget Increase $ 214,049 $ 172,755 $ 31,912 $ 2,052 $ 12,681 $ 19,829 $ 33,871 $ 16,173 $ 621,805 $ 191,553 $ 153,702 $ 58,912 $ 98,550 $ 56,485 $ 7,542 $ 180,140 $ 16,889 $ 4,650 $ 1,893,550 $ 29,141,730 $ 27,162,469 $ 1,979,261 16- 6R 0 O)I U C N G) N ' 0 O CO 696969 69 64 69 V 0 co 10 0 0 » 0 0 0 m N 0) CO m co O m rJ = m N- c O E O c O U U 0 Q O 0 en c co = N N n m or on L n Y Z_ m E - C m - O V3 - 69 69 E M co O ✓ LO N T O O 0 t ¢ O N a) co >- O m ' i V: 0 M lL U 69 r (0 0 0 N V co r 0 0 0 O T O n V3 69 69 0 0 0 O 0 0 r- 0 0 o r 4- 0 0 m m ( N r N Cc 05 r 69 69 69 69 69 69 V ' Q en 0 N N co O co M co N co u] nr r 6969 69 696869 (9 69 69 N 0 N O CO CO 0 0 CO N N (0 N 6964 m ID CD 0 CD U Cr) 0 0) C T O N 22 N N ui a0 V N 6— CO 0 V3 69 69 Vi 69 • 68 69 ti r O O N co O )n t O) 0 0 0) O 0 O O cal N O O N O N` N (n O (00(0 Nr)O O co O co O h co N O o • m 64 N. Oi T Cy N 69 64 64 69 69 69 63 64 69 LO d O T O 0 O O )0 )0 O r) N N CO N 69 69 69 o OI P o o l O O) O O) O V N 0 CO ,O O N V O O ? O O e} C co S m 7 CO O N • O N C N a CO O) r) N- 0 0 O ' } M m r) CO CO LL m 7 N CO O • N n N 69 69 64 63 69 69 69 LO N N N N N 69 m co O) O r) n og 64 69 O co N N N m N NA ti V ( O N 69 m ro r- ° m CO( D N N v O co CO O '0 Li, N O V' N 0) CO N. Vi 0 N r N 69 69 69 69 69 69 N. m 0) O) co O N CO N 0 CO O) 0 CO O T r) N CO N 63 - 69 64 O N O CO N. r 0 CO 0) O O NI 0)i (a r) u) N O T 0 N V N 69 - 69 43 69 V3 00 N 0 0 CO O) O t CO r) • O O 01 Cr) T N. LO N O co V r n O r N O) N 69 69 63 63 49 m H iq Meeting of May, 2005 Kodiak Island Borough AGENDA STATEMENT The Trinity Island Paving Project has been completed. Per Borough Code: APPROVAL FOR AGENDA: ITEM NO. 12.A Confirmation of Trinity Islands Paving District Assessment Roll. 4.40.080 Public hearing -- Confirmation of roll. A. After the assessment roll is completed, the assembly shall hold a public hearing at which any owner of property to be assessed may object to the roll by presenting evidence of errors and inequalities in the roll. After the public hearing, the assembly may correct any error or inequality in the assessment roll. When the roll is finally determined, the clerk shall so certify. B. After the public hearing and final determination of the assessment roll, the assembly shall enact a resolution confirming the roll and levying assessments in accordance therewith, and establishing a schedule for paying the assessments. Per KIBC 14.40.150, the public hearing was advertised on March 23, and March 30, and April 6. 46 Public Hearing notices were mailed to property owners on March 23, 2005. FISCAL NOTES: NA Expenditure Required: ACCOUNT NO.: Amount The motion before the Assembly is: to confirm the Trinity Islands Paving District assessment roll. FIRST LAST ADDRESS ADD _2 KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY /CLERK'S OFFICE Room 101, 710 Mill Bay Road, Kodiak, AK 99615 NOTICE OF PUBLIC HEARING Thursday, April 7, 2005, 7:30 p.m. Borough Assembly Chambers 710 Mill Bay Road, Kodiak, AK 99615 14 /77e:hoe 3/z3/200s- The Kodiak Island Borough Assembly will hold a public hearing on Thursday, April 7, 2005, at 7:30 p.m. in the Borough Assembly Chambers to hear comments on the: TRINITY ISLANDS PAVING DISTRICTASSESSMENT ROLL The Trinity Islands Paving Project has been completed. The assessment for paving the road right -of -way adjacent to your property located at HSE # ST NAME will be ASMNT. Your semi - annual payment will be PYMNT for a ten -year period. KIBC 4.40.080 Public hearing — Confirmation of roll. A. After the assessment roll is completed, the assembly shall hold a public hearing at which any owner of property to be assessed may object to the roll by presenting evidence of errors and inequalities in the roll. After the public hearing, the assembly may correct any error or inequality in the assessment roll. When the roll is finally determined, the clerk shall so certify. The public hearing will be held Thursday. April 7, 2005 at 7:30 p.m. in the Assembly Chambers. If you do not wish to testify verbally, you may provide your comments in the space below and fax to 486 -9391, mail or hand deliver to the Office of the Borough Clerk prior to 5:00 p.m. on Thursday, April 7, 2005. Comments favoring and opposing are encouraged. If you have any questions, please call (907) 486 -9310. Your name: Mailing Address: Comments: N:\as\2003 PAVING PROJUJEARING NTC 2005 TRINITY.doc FIRST THOMAS & LAURA BRETT & MARJORIE AGUSTIN AARON & SABRINA AARON ANDERSON CONSTRUCTION CO, LLC GARY ORLANDO & RUTH CHRISTOPHER DENNIS & PAMELA KARLTON & SHIRLEY ROLAND & FRANCES CHARLES P STEVEN & GLENDA LESLIE & MICHEL LONNIE WOLFF THOMAS & CINDY JOSE & ELSA JOSEPH & ANITA MARC GREGORY & LINDA EMIL & HEATHER RICHARD ARTHUR JOHN & REBECCA DAYTON & JENNY CHARLES & JEAN JODY JAMEY KEVIN & RANDY CRAIG & CINDY ROBERT & TAMMY FRED & IRENE ROGER & SUSAN MATTHEW MARY JOY NICHOLAS RAYMOND LOUIS & MAGGIE MARGARET PETER & CHELLO BARBARA DAN JAMES & REBECCA MICHAEL SCHILBACK STREET ASSESSMENT FOR TRINITY ISLANDS SUBDIVISION LAST KELLY BEZONA IRAHETA SUTTON FRENZEL RAM DEVELOPMENT ETAL DARRAH MERCADO ETAL OTTO DUPRAS SHORT DORMAN FOGLE COOLEY PHILMON CASTLE MAKERS INC GONTERMAN CASTRO BAILOR KENOLIO PAPINEAU NORTON II LINDHOLM SCHULTZ HUSTER WANDERSEE BARBER BURCHAM SPENCER MITCHELL WALTON DITTMAN COYLE MALUTIN HARTT, ETAL SMITH NEKEFEROFF MAY ROCHELEAU DRASCOVICH OSKOLKOFF VOLPE GRITMAN WIEST DIANE MURPHY HSE # ST_NAME 3410 CHIRIKOF CIR 3420 CHIRIKOF CIR 3421 CHIRIKOF CIR 3430 CHIRIKOF CIR 3431 CHIRIKOF CIR 3420 REZANOF DR EAST 3472 REZANOF DR EAST 3420 SITKINAK DR 3421 SITKINAK DR 3424 SITKINAK DR 3431 SITKINAK DR 3446 SITKINAK DR 3462 SITKINAK DR 3465 SITKINAK DR 3480 SITKINAK DR 3498 SITKINAK DR 3514 SITKINAK DR 3519 SITKINAK DR 3530 SITKINAK DR 3535 SITKINAK DR 3548 SITKINAK DR 3551 SITKINAK DR 3562 SITKINAK DR 3573 SITKINAK DR 3580 SITKINAK DR 3593 SITKINAK DR 3600 SITKINAK DR 3349 TUGIDAK CT 3352 TUGIDAK CT 3381 TUGIDAK CT 3385 TUGIDAK CT 3390 TUGIDAK CT 3395 TUGIDAK CT 3409 TUGIDAK CT 3410 TUGIDAK CT 3424 TUGIDAK CT 3425 TUGIDAK CT 3430 TUGIDAK CT 3444 TUGIDAK CT 3510 TUGIDAK CT 3511 TUGIDAK CT 3530 TUGIDAK CT 3550 TUGIDAK CT 3551 TUGIDAK CT 3560 TUGIDAK CT 3570 TUGIDAK CT LAND VALUE TOTAL SEMI -ANNL CERT ROLL 2004 ASMNT PYMNT $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $145,700 $17,345.20 $1,066.73 $122,000 $14,523.78 $893.21 $35,000 $4,166.66 $256.25 $33,000 $3,928.56 $241.61 $35,000 $4,166.66 $256.25 $33,000 $3,928.56 $241.61 $37,000 $4,404.75 $270.89 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256 25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $36,500 $4,345.23 $267.23 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256 25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $25625 $35,000 $4,166.66 $256 25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $38,000 $4,523.80 $278.21 $45,000 $5,357.13 $329.46 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256 25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 $35,000 $4,166.66 $256.25 KODIAKISLAND BOROUGH Engineering & Facilities MEMORANDUM 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9343 (p) (907) 486 -9394 (f) DATE: April 13, 2005 TO: Borough Assembly THRU: Nancy Galstad, Borough Manager FROM: Bud Cassidy, Director of Engineering and Facilities SUBJ: Trinity Island Assessment District — Mike Anderson Tract B, Trinity Island Subdivision - 3472 Rezanof INTRODUCTION This memo addresses Mike Anderson's concern about property he owns that he feels has been erroneously included in the Trinity Island Paving Assessment District. After staff's review of the process and review the legal requirements of KIB code, it is our opinion that KIB has met the notice requirements and other legal requirements of the code and have come to the conclusion that Mr. Anderson's parcel has been fairly included within the assessment district. BACKGROUND a. Petition The Trinity Island Assessment district was established by petition of property owners owning land within the proposed paving district. The code requires the signatures of property owners whose property value represent over 50% of the value of the property within the proposed boundary. This petition was returned to the Borough Clerk's office for review and certification. (See attached February 4, 2003 memo to Pat Carlson, Manager from Nova Javier). Mr. Anderson was one of the original signatures on the petition. Mr. Anderson signature is not tied to one parcel in the paving district like the other signers. He acknowledges in the petition of owning "various parcels" within this proposed district. b. Public Hearing Notices The f the notice of a public hearing before the A reqi_ren that notice l ll�i legal requirement for the „VYY VL pM I ..g f u ./ 7 be sent to all property owners and the notice identify the parcel to be assessed and the estimated amount of the assessment. Borough records demonstrate notices were sent out on March 29, 2003. Mr. Anderson was sent a public hearing notice for the parcel he feels should be exempted (see attached public hearing notice). No response was received. "4009-22_ c. Access from Sitkinak Drive The parcel owned by Mr. Anderson has legal access to and from Sitkinak Drive. That access is described by a recorded survey plat (partial copied attached). The access to Mr. Anderson's lot is also identified in a utility easement granted to the City of Kodiak for water and sewer lines located on his property. That legal document states: "that such utilities be located on publicly - owned property or right of way." That language clearly identifies direct access to and from Sitkinak Drive. Mr. Anderson has a similar access across a access /utility easement from Rezanof Drive. CONCLUSION It is felt that KIB staff met all code requirements in including this parcel with in the Trinity Paving District Kodiak Island Borough Mayor and Assembly 710 Mill Bay Road Kodiak, Alaska 99615 MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE (907) 486 -3143 April 21, 2005 Re: Trinity Islands Paving Project Assessment Roll My File No. 9304.08 Dear Mayor and Members of the Assembly: !J APR 2 1 2005 BOROUGH CLERK'S'FF10E SU/mei And Lrvpiesi -K2 A6$y, Melar war4 -9 -L r 4Sse-44 n41 The agenda for this evening's meeting of the Assembly includes an item asking for your decision as to whether or not the Assessment Roll for the Trinity Islands Paving District should be confirmed. As presented to you, that Assessment Roll would distribute the cost of paving Sitkinak Drive, Tugidak Court and Chirikof Circle among 46 different parcels of property, 44 of which are residential lots and two of which are devoted to business or commercial purposes. One of the two business parcels — Tract B of Trinity Islands Subdivision (3472 Rezanof Drive East) — is owned by Mike Anderson. On Mr. Anderson's behalf I wish to confirm his recently voiced objection to having Tract B treated as one of the properties benefited by this improvement and ask that, at tonight's meeting you— i) decline to confirm the Assessment Roll as presented to you (i.e., defeat a motion to confirm, or decline to take up, such a motion); ii) direct the Borough Manager to prepare and present to the Assembly a substitute Assessment Roll consisting of the 45 parcels other than Tract B; and iii) schedule a new public hearing on the substitute Assessment Roll (which must be preceded by at least 15 days notice to the owners of all 45 parcels included on it). For your convenience I attach a copy of what I believe that substitute Assessment Roll will entail. DISCUSSION I. Fundamental fairness and equity requires that Tract B be deleted from the Assessment Roll because it does not border upon, and is not in any way benefited by the paving of, any of the three streets involved in the Trinity Islands Paving Project. The inclusion of Tract B within the Trinity Islands Paving District violates both of the most basic precepts of the law of special assessment and improvement districts, towit: Mayor and Assembly -2- April 21, 2005 1. A parcel of property may not be assessed any part of the cost of a particular improvement unless it receives a special benefit from that improvement; and 2. Properties validly included within an improvement or assessment district must be assessed in proportion to the benefit received from the improvement. One need do no more than look at a map of the Trinity Islands Paving District - see Exhibits A and 13 — to see that Tract B is out of place and should not have been included within it, for it is beyond dispute that— Of the 46 properties within that district and shown on the Assessment Roll: • 45 border on one of the three streets which were paved' but one, Tract B, does not. Furthermore, the 45 parcels which border on the improved streets all obtain their actual access exclusively over one or more of them. In contrast, actual access to Tract B is had (over a property platted and recorded 50' access easement) directly from Rezanof Drive. It does not even have a theoretical legal access to any of the three streets which were paved. There is thus no conceivable special benefit to Tract B from having Sitkinak Drive, Tugidak Court and Chirikof Circle paved. Indeed, so far as one can tell, no Borough employee or official has ever attempted to argue otherwise. In spite of this reality, however, Tract 13 has not only been included within the Trinity Islands Paving District, but it has been assessed at $14,523.78, or approximately three times as much as 44 out of the other 45 parcels on the Assessment Roll, all of which, as noted above, gain their exclusive access over the streets which have been paved. The foregoing information is all that should be required for you to make a fair and just decision in this case Basically, a mistake was made two years ago when Tract B was first included among the parcels of property forming the Trinity Islands Paving District. No irreparable difficulties have resulted from that mistake, however and it can now be corrected at the nominal cost of mailing 45 new notices and scheduling another public hearing. Under the circumstances, it would be unconscionable of the Assembly not to correct the error. Correcting the error requires that the $14,523.78 which the present Assessment Roll proposes to assign to Tract B be distributed among the remaining 45 parcels. This is only fair, however, as each of those parcels directly benefited from the paving project (and it cannot seriously be suggested that the project would not have gone forward had Tract B been excluded from it from the beginning). The actual increase in most of the assessments would be nominal — e.g. a property valued at $35,000 would have its assessment increased by about $300. ' 5 border on Chirikof Circle (2 of which also border on Tugidak Court); 21 border on Sitkinak Drive (2 of which also border on Tugidak Court), and 19 border on Tugidak Court (4 of which also border on either Sitkinak Drive or Chirikof Circle). Mayor and Assembly -3- April 21, 2005 II. Holding another public hearing would offer the collateral benefit of permitting the Borough to issue a more appropriate form of notice to the affected property owners and would allow it to review a potentially troublesome issue relating to the formula used to apportion the assessment. The notices which the Borough mailed to affected property owners announcing that a public hearing on confirmation of the Assessment Roll would be held on April 7, 2005 were deficient in that they failed to include a copy of the entire assessment roll and failed to explain the basis on which the assessed costs had been apportioned. Whether or not this defect is of such a magnitude as to invalidate the assessment as a matter of law is perhaps arguable, but there is no reason not to correct it given the propriety of holding another public hearing The problem, of course, is that the notices which the Borough sent out tell the property owner that the public hearing is for the purpose of "presenting evidence of errors and inequalities in the [assessment] roll" but provide insufficient information for making a judgment on the issue. The only information offered in that notice is what the individual owner's assessment will be. The basis upon which that assessment was determined is not revealed and the amount of the other assessments associated with the project is not disclosed. Thus the property owner has no way of determining whether his or her assessment was erroneous or inequitable absent a trip to the Borough for independent research on the subject. This very real and practical problem is easily avoided by attaching the one -page assessment roll to each notice and including a one sentence explanation as to how the total assessed costs were apportioned. Whether or not this simple step is actually required by law, there is no particular reason for not taking it. Basically, the form of notice used by the Borough discouraged any of the affected property owners from participating in the public hearing by offering an absolute minimum of useful information. This practice is unfortunate and should be avoided. Taking a prudent step backwards and scheduling a further public hearing on the Trinity Islands Paving District Assessment Roll would also provide an opportunity for further thought concerning the basis used to apportion the costs of this particular paving assessment. When one looks at the Assessment Roll as a whole, it becomes apparent that the assessment was apportioned among the different parcels based upon the 2004 assessed values of the land (but not the improvements) associated with them. Virtually all of these parcels were in fact improved, however, most with single family residences of varying values. Time has not permitted me to research the legal validity of basing the apportionment of a paving assessment exclusively upon the relative land values of properties which in reality have been improved, but the issue at first glance appears to be one of significance. At the very least it should be explicitly considered, and probably discussed, by the Assembly before a motion to confirm the Assessment Roll is decided. 2 The notice sent to Mr. Anderson was further deficient in that it erroneously informed him that "[t]he assessment [was] for paving the road right -of -way adjacent to [his] property at 3472 REZANOF DR EAST." As noted above, this statement was true for all of the other 45 parcels but not for Tract B. Mayor and Assembly -4- April 21, 2005 CONCLUSION In the foregoing, I have intentionally avoided the citation of legal precedents or the quotation of statutes or code provisions. This is not because I am unable to do so, but because the issue addressed herein calls for the Assembly to consider and determine what is fundamentally fair and equitable. The controlling statutes, code provisions and legal precedents ultimately require the same thing. I have reviewed Bud Cassidy's April 13 memorandum to the Assembly (thru the Borough Manager) concerning this matter and with disappointment note that it could legitimately be characterized as circling the wagons when a mistake has been made and looking for any conceivable argument against correcting it. The plain fact is that the April 13 memo makes no attempt to address the substance of Mr. Anderson's complaint — which is that he is being assessed almost $15,000 for street improvements on streets which neither border his property nor are in any way used to access it. I respectfully submit that the Assembly can and should address that issue. Sincerely, Melvin M. Stephens, II UU Mayor and Assembly EXHIBIT A -5- April 21, 2005 Mayor and Assembly EXHIBIT B -6- April 21, 2005 (SUBSTITUTE) STREET ASSESSMENT FOR TRINITY ISLANDS SUBDIVISION FIRST LAST HSE 6 ST_NAME LAND VALUE CERT ROLL 2004 TOTAL NEW ASMNT TOTAL OLD ASMNT DIFF THOMAS & LAURA KELLY 3410 CHIRIKOF CIR $35,000 54,463.81 54,166.66 297.15 BRETT & MARJORIE BEZONA 3420 CHIRIKOF CIR 535,000 54,463.81 54,166.66 297.15 AGUSTIN IRAHETA 3421 CHIRIKOF CIR 535,000 54,463.81 $4,166.66 297.15 AARON & SABRINA SUTTON 3430 CHIRIKOF CIR $35,000 $4,463.81 54,166.66 297.15 AARON FRENZEL 3431 CHIRIKOF CIR 535,000 $4,463.81 $4,166.66 297.15 RAM DEVELOPMENT ETAL 3420 REZANOF DR EAST $145,700 $18,592.00 $17,435.20 1,156.80 GARY DARRAH 3420 SITKINAK DR $35,000 $4,463.81 54,166.66 297.15 ORLANDO & RUTH MERCADO ETAL 3421 SITKINAK DR $33,000 54,203.79 53,928.56 275.23 CHRISTOPHER OTTO 3424 SITKINAK DR $35,000 $4,463.81 54,166.66 297.15 DENNIS & PAMELA DUPRAS 3431 SITKINAK DR 533,000 $4,203.79 53,928.56 275.23 KARLTON & SHIRLEY SHORT 3446 SITKINAK DR 537,000 54,723.84 54,404.75 319.09 ROLAND & FRANCES DORMAN 3462 SITKINAK DR 535,000 54,463.81 $4,166.66 297.15 CHARLES P FOGLE 3465 SITKINAK DR 535,000 $4,463.81 $4,166.66 297.15 STEVEN & GLENDA COOLEY 3480 SITKINAK DR 535,000 $4,463.81 54,166.66 297.15 LESLIE & MICHEL PHILMON 3498 SITKINAK DR $35,000 54,463.81 54,166.66 297.15 LONNIE WOLFF CASTLE MAKERS INC 3514 SITKINAK DR $35,000 54,463.81 $4,166.66 297.15 THOMAS & CINDY GONTERMAN 3519 SITKINAK DR $35,000 $4,463.81 $4,166.66 297.15 JOSE & ELSA CASTRO 3530 SITKINAK DR 535,000 54,463.81 $4,166.66 297.15 JOSEPH & ANITA BAILOR 3535 SITKINAK DR 535,000 54,463.81 $4,166.66 297.15 MARC KENOLIO 3548 SITKINAK DR 535,000 54,463.81 $4,166.66 297.15 GREGORY & LINDA PAPINEAU 3551 SITKINAK DR 535,000 54,463.81 54,166.66 297.15 EMIL & HEATHER. NORTON II 3562 SITKINAK DR 535,000 $4,463.81 54,166.66 297.15 RICHARD LINDHOLM 3573 SITKINAK DR 535,000 54,463.81 54,166.66 297.15 ARTHUR SCHULTZ 3580 SITKINAK DR $35,000 54,463.81 54,166.66 297.15 JOHN & REBECCA MISTER 3593 SITKINAK DR $35,000 54,463.81 54,166.66 297.15 DAYTON & JENNY WANDERSEE 3600 SITKINAK DR 535,000 54,463.81 $4,166.66 297.15 CHARLES & JEAN BARBER 3349 TUGIDAK CT 535,000 $4,463.81 54,166.66 297.15 JODY BURCHAM 3352 TUGIDAK CT 535,000 54,463.81 54,166.66 297.15 JAMEY SPENCER 3381 TUGIDAK CT $35,000 54,463.81 $4,166.66 297.15 KEVIN & RANDY MITCHELL 3385 TUGIDAK CF $35,000 54,463.81 54,166.66 297.15 CRAIG & CINDY WALTON 3390 TUGIDAK CT $36,500 $4,658.84 54,345.23 313.61 ROBERT & TAMMY DITTMAN 3395 TUGIDAK CT 535,000 54,463.81 $4,166.66 297.15 FRED & IRENE COYLE 3409 TUGIDAK CT 535,000 54,463.81 54,166 66 297.15 ROGER & SUSAN MALUTIN 3410 TUGIDAK CT 535,000 54,463.81 54,166.66 297.15 MATTHEW HARTT, ETAL 3424 TUGIDAK CT $35,000 54,463.81 54,166.66 297.15 MARY JOY SMITH 3425 TUGIDAK CT 535,000 54,463.81 54,166.66 297.15 NICHOLAS NEKEFEROFF 3430 TUGIDAK CT 535,000 54,463.81 54,166.66 297.15 RAYMOND MAY 3444 Tr TGIF) AK CT 535,000 54,463.8! 51,866.66 LOUIS & MAGGIE ROCHELEAU 3510 TUGIDAK CT 538,000 54,853.86 54,523.80 330.06 MARGARET DRASCOVICH 3511 TUGIDAK CT $45,000 $5,742.29 55,357.13 385.16 PETER & CHELLO OSKOLKOFF 3530 TUGIDAK CT $35,000 $4,463.81 $4,166.66 297.15 BARBARA VOLPE 3550 TUGIDAK CT $35,000 54,463.81 54,166.66 297.15 DAN GRITMAN 3551 TUGIDAK CT 535,000 54,463.81 $4,166.66 297.15 JAMES & REBECCA WIEST 3560 TUGIDAK CT $35,000 54,463.81 $4,166.66 297.15 MICHAEL SCHILBACK DIANE MURPHY 3570 TUGIDAK CT 535,000 54,463.81 54,166.66 297.15 TOTAL 1,698,200.00 216,690.00 1 Mayor and Assembly -7- April 21, 2005 Mayor and Assembly Members Kodiak Island Borough 710 Upper Mill Bay Kodiak, Ak. 99615 Re: Trinity Islands Assessment Roll Approval Dear Mayor and Assembly Members: I would like to have my Tract B at 3472 Rezanof Drive removed from the Trinity Islands Paving Assessment roll. I have not benefited in any way from the paving of the streets in this assessment district. My property is 245 feet from the closest edge of the pavement on Sitkinak Drive, and the only possible access from there is limited to a utility easement that was created for the benefit of the City of Kodiak Public Works. I have attached photos which show the utility easement delineated by stakes with surveyors flagging connecting them. As you can see from the attached photos, this is limited access at best, and does not conform to Borough code. Even if you squeezed through past the trees, Southern Alaska Forwarding uses this area for staging and unloading freight. The edge of the easement goes right through the forklift you see in the picture. Where the easement adjoins Tract B, there is 11 feet between the edge of the easement and a high voltage transformer. The access to Tract B is a 50 foot platted easement directly from Rezanof that is 400 feet from Sitkinak Drive. Including my property in this assessment district is an obvious mistake that should have been corrected as soon as it was brought to the Borough's attention. I have spent considerable time and money defending myself from the ridiculous idea that I should pay in excess of $14,500 for something that in no way benefits me. Accompanying this letter is an analysis from Kodiak Appraisal Company confirming that my property has not received a special benefit from this paving project, as well as a further legal analysis from my attorney Mel Stephens. Also attached are several documents relevant to this case. Michael W. Anderson May 17, 2005 List of Attachments: 1. Melvin Stephens, Attorney At Law, letter dated 5/17/05 with attachments 2. Kodiak Appraisal Company, Inc. letter dated 5/17/05 3. E -mail correspondence between Mike Anderson and Bud Cassidy dated 4/15 and 4/19/05 4. Letter Mike Anderson to Bud Cassidy dated 4/11/05 5. MB Memo to Bob Scholze to Mike Anderson dated 6/4/97 6• MB letter to Mike Anderson dated 2/20/97 7. Utility Easement dated 6/5/97 4 photographs May 17, 2005 Michael Anderson P.O. Box 2310 Kodiak, AK 99615 Re: Tract B, U. S. Survey 1682, 3472 Rezanof Drive East Dear Mike: William Roberts Kodiak Appraisal Company KODIAK APPRAISAL COMPANY, INC. This letter is in answer to your question conceming the affects of paving the Trinity Islands Subdivision on the market value of Tract B, US Survey 1682. I can answer this question in general terms. I am a Certified General Appraiser in the State of Alaska and have over twenty years experience appraising residential and commercial property in the Kodiak Area. I can simply state that the paving of roadways only adds value to those properties directly accessed and fronting on the roadways being paved. Tract B is accessed from Rezanof Drive East, not Sitkinak Drive or Tugidak Court. Paving these roadways has no affect on the value of Tract B. Michael W Anderson From: Michael W Anderson [m.anderson @ak.net] Sent: Tuesday, April 19, 2005 3:52 PM To: 'Bud Cassidy' Subject: RE: PHONE MSG. 5/16/2005 Hi Bud The most important part about the wording on the plat is that it is designated as " Utility Access and Right of Way Easement" as opposed to our other one designated "Access Easement" ( Book 126, Page 482) that we use for access to 3472 Rezanof. This supports the wording in the written agreement with the City. We do not use this for access, nor do we ever plan to. It would have been on the plat as a utility easement if the City had not required us to designate it as a Public Utility Right of Way. That would have precluded us from using the property for parking or any other use and since it amounts to over half an acre, we got together with the City attorney and negotiated the agreement so we could keep title to the property and they still have access to work on the utilities. Mike Original Message From: Bud Cassidy [ mailto :bcassidy @kib.co.kodiak.ak.us] Sent: Friday, April 15, 2005 1:19 PM To: Mike Anderson (E -mail) Subject: FW: PHONE MSG. Hey Mike - Let's get together and talk Mission Lake. By the way I reread the utili easement on the access to Sitkinak. . The only thing I want to look at is the recorded plat of the area and the notes on the plat. Give me a rill on my cell 654-9340 Bud -- -Original Message--- - From: Jessica Kepley Page 1 of 2 Bud Cassidy Engineering and Facilities Director MB 710 Upper Mill Bay Re: Assessment for 3472 Rezanof of Trinity Islands Paving project Hi Bud: April 11, 2005 Please fmd attached documentation that shows platted and recorded access for 3472 Rezanof directly from Rezanof Drive. It is identified as Easement No. 1 and is recorded in Book 0126, Page 482. The utility easement that runs from Puffin Drive to Sitkinak Drive is platted as an access and utility easement but in reality it is a utility easement for the mainline water and sewer, power, phone, and TV. The reason it is also shown on the plat as a right of way easement was a request from the City Public Works Director to have access to the utilities for maintenance and further to guarantee that no structures could be built within the easement. This document was drawn up by the City attomey and the copy I have attached clearly states the reason it has the designation of Right of Way Easement. I regret that I was not involved in the assessment process earlier and could have headed off this misunderstanding. This parcel clearly is not within the Trinity Islands Paving assessment area. Please let me know if you need anything further. Sincerely, Michael W. Anderson Attachments: DennrA. A Access eooement fnr 347') Derannf � yL11V11 J Recorded Utility and Right of Way Easement for City Utilities Letter from City Public Works Director dated 12/26/96 Copy of Plat 97 -12 showing subject easements KODIAK - ISL.- BOROUGH RE: TO: FROM: DATE: Mike Anderson Bob Scholze, Associate Planner June 4, 1997 Final Check Plat: S94 -001 As discussed yesterday regarding the check plat referenced above submitted June 2nd, the following remain to be done before the final plat can he recorded: Conditions #1 and #4 will be satisfied upon receipt of a letter from the City of Kodiak Public Works Department acknowledging acceptance of I.) responsibility for operation and maintenance of sewer and water utility lines crossing Tract Cl -A and Lot 4; and 2.) inspection responsibilities for engineered roads and drainage plans, including grades and driveways, as requested by MB Engineering/Facilities Department June 3, 1997. Condition #2 will be satisfied by language on the mylar specifically indicating that the fifty (50) foot wide access easement across Tract C -1 A required by the Commission is being "created this plat." Condition #3 will be satisfied when construction on the driveway entrance to the steakhouse/liquor store on proposed Lot 4C from Rczanof Drive consistent with KI13C 17,57.080F is completed. Thank you for your attention to these matters. cc: Ecklund Surveying John Sullivan, Director, City Pubic Works ID:907 -486 -9376 JUN 04'97 14:34 No.013 P.01 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 MEMORANDUM Michael Anderson PO Box 2310 Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 February 20, 1997 RE: Case S94 -001. Request for preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition, creating Lots 4A, 4B, 4C and 4D, Block 1, Kadiak Alaska Subdivision, First Addition and Plover Way. 3420 Rezanof Drive (Postponed from the January 24, 1997 regular meeting). Dear ' . . erson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 19, 1997, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: 1. Unless the City of Kodiak has accepted, prior to recording of the final plat, responsibility for operation and maintenance, as owner, of the sewer and water utility lines crossing Lot 4 and adjacent Tract C -1A, place a note on the final plat stating: "Responsibility for operation and maintenance of the private sewer and water service lines crossing Lot 4 will be shared by the owners of Lots 4A, 4B, 4C and 4D until such time as the City code requirements are met for transfer and the City of Kodiak accepts the lines into the public utility system." (Kodiak City Code Sections 13.1 8.020 and 030) 2. Plat, as part of this action, the existing fifty (50) foot wide access easement across Tract C -1A to provide legal, platted access to proposed Lots 4A, 4B, and 4D. 3. Construct a driveway entrance to the existing deli/liquor store on proposed Lot 4C from P _____rr. Rezanor Drive that is consistent with KIBC 17.57.080 F and as requested by ADOT. The southern edge of this twenty-four by thirty-two foot (24' x 32') wide driveway will be at least seventy (70) feet from the northern edge of the traveled way of Plover Way, with ingress /egress to proposed Lot 4C restricted by landscaping, or otherwise, within those seventy (70) feet. Michael Anderson February 20, 1997 Page Two Kodiak Island Borough 4. Provide engineered road and drainage plans, incorporating the standards for improvements contained in Chapters 16.70 and 16.80, for review and approval by the Borough Engineering/Facilities Department prior to construction of Plover Way, as required by KIBC 16.70.010. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a reevaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: • Michael Anderson February 20, 1997 Page Three Kodiak Island Borough 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9362. Sincerely, Linda L. Freed, Director Community Development Department cc: Ecklund Surveying KNOW ALL MEN BY THESE PRESENTS that MICHAEL W. ANDERSON ( "Grantor ") of P.O. Box 2310, Kodiak, Alaska 99615 does hereby grant unto the CITY OF KODIAK, Alaska ( "Grantee "), whose address is P.O. Box 1397, Kodiak, Alaska, 99615, and to its successors and assigns forever an easement upon the lands of the undersigned, situated in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: Utility Easement Page 1 of 3 Parcel I: UTILITY EASEMENT A portion of Tract C -1A, U.S. Survey 1682, plat number 89 -19, Kodiak Recording District, Third Judicial District, State of Alaska, described as follows: Beginning at the northwest corner of said Tract C -1A, said point being the intersection of the easterly right - of -way of Rezanof Drive East and the southerly right -of- way of Puffin Drive; Thence N 89 °50'50" E a distance of 99.96 feet along the southerly right -of -way of Puffin Drive to the TRUE POINT OF BEGINNING: Thence the following courses: 1. N 89 °50'50" E a distance of 35.04 feet along said Puffin Drive right -of -way; 2. S 02 °53'24" E a distance of 291.03 feet to a point on the southerly boundary of said Tract C -1A common with the northerly boundary Lot 4 (remainder), block 1, Kadiak Alaska Subdivision, First Addition, U.S. Survey 3512, plat number 79 -21, Kodiak Recording District; 3. N 89 °52'57" W a distance of 35.05 feet along said common boundary; 4. N 02 °53'24" Via distance of 290.86 feet to the TRUE POINT OF BEGINNING. Containing: 10,183 square feet, more or less. Recorded at Book 126, Page 484, Kodiak Recording District, Third Judicial District, State of Alaska. Parcel II: A portion of Lot 4 (Remainder), Block 1, Kadiak Alaska Subdivision, First Addition, U.S. Survey 3512, plat numbers 66 -19 and 79 -21, Kodiak Recording District, Third ,7udir nl 114at-r4, -a- d° ib d as follows: Beginning at the northwest corner of Lot 4 (remainder) said corner being on the easterly right -of -way of Rezanof Drive East; Thence S 89°53'09" E a distance of 113.90 feet along the northerly boundary of Lot 4 to THE TRUE POINT OF BEGINNING: Thence the following courses: 1. Thence continuing S 89 °53'09" E a distance of 35.0 feet along said boundary; 2. Thence S 0 °05'44" W a distance of 389.35 feet to an exclusive easement (recorded in Book 92, Page 852, Kodiak Recording District, Third Judicial District, State of Alaska); 3. Thence N 57 °54'27" W a distance of 41.27 feet along said easement; 4. Thence N 0 0 05'44" E a distance of 367.49 feet to THE TRUE POINT OF BEGINNING. Containing: 13.245 square feet, more or less. with the right, privilege and authority to construct, accept ownership of, reconstruct, maintain, repair, operate, improve, and update under the above- described lands a water and sewer system in- cluding all water and sewer lines, valves, manholes and other equipment associated with and reasonably necessary for the operation of said system. This easement includes a right -of -way and easement: 1. To provide ingress and egress over the subject property for construction and maintenance of the water and sewer utilities described above, and 2. To keep the above- described property free from buildings and other structures and the storage of items other than vehicles, any of which in the judgment of Grantee might interfere with, threaten, or endanger the operation and maintenance of said water and sewer lines or system; provided, however, that the foregoing shall not be interpreted as prohibiting Grantor or his successors in interest from paving part or all of the area affected by this easement or constructing fences upon it so long as said fences are constructed so that gates or removable panels or sections permit full and ready access to the easement area when necessary. The Grantee shall be consulted before any fill or excavation work is performed on the easement area and no such work shall be performed if, in the reasonable opinion of the Grantee, it will endanger or impose a significant additional burden upon the maintenance of the water and sewer utilities then in existence. The easement hereby granted to the City of Kodiak is nonexclusive and may be used for the location of electrical, telephone and other public utilities so long as said utilities are constructed and Utility Easement Page 2 of 3 maintained so as not to interfere with the City's ability to construct and maintain water and sewer utilities. Furthermore, it is acknowledged and agreed that the utilities constructed or to be constructed within the easement area may connect with utilities serving lots or subdivisions some or all of which may not be adjacent to or contiguous with the properties burdened by this easement. Grantee, the City of Kodiak, acknowledges its intent and agreement to accept ownership of and the obligation td maintain the water and sewer system to be constructed within the aforesaid easement area upon satisfying itself that the standards and procedures set forth in Chapter 13.18 of the Kodiak City Code have been met, excepting only the requirement of KCC 13.18.020(c) that such utilities be located on publicly -owned property or rights of way. IN WITNESS WFIEREOF, this document is executed this 6 11L day of Q9.r.+ -Q.- , 1997. GRANTOR: GRANTEE: CITY OF KODIAK ® MICHAEL W. ANDERSON STATEOF ALASKA) :sat THIRD JUDICIALDLSTAICI ) TRW IS TO CERTIFY that the foregoing instrument was acksowled£Cd before me this t of _MO , 1991' , by bail l W. Anderson. U WITNESS my hand and notarial seal the day and year fast above wattea UMity Easement Page3of3 Notary Public in and for Alaska My Commission Expires: 9- Z'F-Ltvo THIS IS TO CERTIFY that the Sorcgoing instrument was aclaowledged before me this 5 day of ,oac 1947 by CAJ1LLt Am. h). ¶cr. S the MAwdACER-of ay of Kodiak Mash. WITNESS my hand and notarial seal the day and year first above written. e t a t Notary Public in and for Alaska z Pi /9 My Commission Expires: Actual access to Tract B from Rezanof View from Puffin on centerline 35 foot easement View from Sitkinak showing 35 foot easement View of 35 foot easement entering Tract B roll. MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE ■907) 486 -3143 May 17, 2005 Kodiak Island Borough Mayor and Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Re: Trinity Islands Paving Project Assessment Roll My File No. 9304.08 Dear Mayor and Members of the Assembly: The question of whether the Assessment Roll for the Trinity Islands Paving District should be confirmed will once again be before you at your meeting of May 19. That roll remains defective because it contains errors and inequalities which the law requires you to correct. It should be rejected and returned to your staff with directions that Mr. Anderson's property — Tract B of Trinity Islands Subdivision (3472 Rezanof Drive East) — be removed from it. 1. Alaska Mw mandates that the Assembly correct errors and inequalities in the assessment The subject of special assessments is governed by chapter 29.46 of the Alaska Statutes as well as chapter 4.40 of the Borough Code. Alaska Statute 29.46.070 is explicit in stating that — After the public hearing [on the assessment roll], the governing body shall correct errors and inequalities in the roll. This is a substantive legal standard which this Assembly must follow. Failing to do so will risk embroiling the Borough in yet another court case. 2. The inclusion of Mr. Anderson's property in the Trinity Islands Assessment District constitutes an error or inequality within the meaning of AS 29.46.070. The assessment roll before you contains 45 apples and one orange. As previously pointed out to you, 45 of the 46 properties on that roll border upon one or more of the three streets which were paved and each of those 45 properties gains exclusive access over the paved street adjacent to it. One property — Mr. Anderson's — does not border upon any of the three streets which were paved and does not in fact use any of them for access (which is had from Rezanof Drive). Mr. Anderson's property is, however, not only included with the Trinity Islands Assessment District but is assessed on exactly the same basis as the other 45 properties. There is simply no question but that this constitutes an error or inequality in the assessment roll which this Assembly is duty bound to correct. Mayor and Assembly -2- May 17, 2005 3. Whether or not the utility easement created in 1997 which runs from Puffin Drive to Sitkinak Drive may be used by the public to access the properties which it crosses is irrelevant to the proper result in this case. Rather than forthrightly acknowledge that Mr. Anderson's property never should have been included in the Trinity Islands Paving District, the Borough staff has disingenuously suggested (albeit apparently never in writing) that the inclusion of Tract B within that assessment district might be justified if the 35 -foot utility easement crossing it and running from Puffin Drive to Sitkinak Drive — i.e., one of the three streets which were paved — was also intended to be used for public access. Quite apart from the fact that this argument appears never to have been made when the Trinity Islands Paving District was formed, it is disingenuous because (a) it is beyond legitimate dispute that the utility easement in question was never intended to be used for, and never has been used for, public access, and (b) even if it could be used for public access, there would still be no discernible benefit to Mr. Anderson's property from paving a street with which the easement intersects some 250 feet or so from his nearest property line The utility easement in question was created in June of 1997 by a document recorded at Book 150, Pages 139 -141 in the Kodiak Recording District, a copy of which is attached hereto as Exhibit A. Pursuant to that document, appropriately and unambiguously entitled "Utility Easement," Mr. Anderson conveyed to the City of Kodiak an easement to construct water and sewer lines within the designated area and granted the City a right of ingress and egress over it in order to maintain those lines. Nothing is said about public access. Indeed, the idea that any sort of public access was involved is negated by an express provision giving Mr. Anderson the right to construct fences upon the easement so long as they were constructed so as to permit full and ready access to the easement when necessary. Consistent with this unambiguously expressed intent, the utility easement has in fact been used in a manner inconsistent with the idea that it might also have involved public access rights. Not one, but two fences have been constructed across it, modular building units once used at a construction camp are stored upon it, and the utilities constructed within it include above - ground fire hydrants and protective posts. When Mr. Anderson's property was subsequently subdivided and re- platted, this utility easement was duly reflected on the plat, a portion of which is attached as Exhibit B. Refusing to admit the obvious, Borough staff has apparently seized upon a plat note describing the easement in question as a "Utility Access and Right -of -Way Easement Created this Plat" as somehow justifying its refusal to acknowledge the errors and inequities associated with including Tract B on the assessment roll. The note in question must, however, be interpreted consistently with both the originally recorded easement and the actual use of the property which it crosses. Furthermore, it is noteworthy that the proceedings before the Borough Planning and Zoning Commission which led to the approval of the plat and plat note in question make no mention whatsoever of requiring the previously granted utility easement to be expanded to include a right of public access. See Exhibit C. Under the circumstances, then, it simply can not legitimately be argued that there exists a Mayor and Assembly -3- May 17, 2005 right of public access to Tract B over the utility easement which runs from Puffin Drive to Sitkinak Drive. Even if this were not the case, however, the inclusion of Tract B within the Trinity Islands Paving District would be erroneous and inequitable. The utility easement was not paved as part of this project. The most that can be said, then, is that, assuming for the sake of argument that the utility easement also includes a public right of way, it would be permissible for someone wishing to access Mr. Anderson's shop on Tract 13 to eschew the entrance on Rezanof and instead turn off onto Sitkinak Drive, go 140 feet or so over the newly paved surface of that street, and then turn left and travel approximately 250 feet over the unpaved easement (being careful to avoid the fire hydrants, posts and other obstructions within it), to arrive at one's destination. This is not, however, the type of special benefit received by the other 45 other properties within the Trinity Islands Paving District. Therefore, it my not be used as an excuse for treating Mr. Anderson's property as part of that district. That the inclusion of Tract B within the Trinity Islands Paving District is the product of an inadvertent error is further suggested by the notices which the Borough staff sent out prior to the most recent public hearing and the assessment role. Those notices all informed the recipient that "[t]he assessment [was] for paving the road right -of -way adjacent to your property." Thus the staff appears to have believed that only properties bounded by a paved road were included within the district. That, indeed, is the most common reason for including a particular lot within a paving district: The street in front of my house is paved, as a result of which the value of my property increases somewhat, so it is fair and proper that I be asked to pay for part of the cost of the paving project.' That does not describe Tract 13 in the present instance. That property is not benefited by the Trinity Islands Paving District and should, therefore, be removed from the assessment roll. Sincerely, )/;( se_ Melvin M. Stephens, II ' There are exceptions, of course, such as when the street being paved is adjacent to my property but is not used for access to it. In such circumstances, my property would usually not be included within the district or would be assessed at a substantially lower rate than lots which were more directly benefited. 1 1TTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS - hat MICHAEL W. ANDERSON ( "Grantor ") of P.O. Box 2310, Kodiak, Alaska 99615 doeo hereby gr-nt unto the CTTY OF KODIAK, Alaoka ( "Grantee "), whose address io P.O. Box 1397, Kc.;i:ak, Alaska, 99615, and to its ouccenooie and aooigno forever an eaoement upon the lando of the undersigned, situated in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: UWYy Sanwa P"p" 1 of Parcel I: A portion of Tract C -1A, U.S. Survey 1682, plat number 89 -19, Kodiak Recording District, Third Judicial District, State of Alaska, described ao follow*: Beginning at the northwest corner of said Tract C -]A, said point being the intersection of the easterly right - of -way of Rezanof Drive East and the southerly right -of- way of Puffin Drive; Thence N 89 °50'50" E a distance of 99.96 feet along the southerly right -of -way of Puffin Drive to the TRUE POINT OF BEGINNING: Thence the following courses: 1. N 89 °50'50" E a distance of 35.04 feet along said Puffin Drive right -of -way; 2. S 02 0 53'24" E a distance of 291.03 feet to a point on the southerly boundary of said Tract C -1A common with the northerly boundary Lot 4 (remainder), block 1, Kadiak Alaska Subdivision, First Addition, U.S. Survey 3512, plat number 79 -21, Kodiak Recording District; 3. N 89 ^52'57" W a distance of 35.05 feet along said common boundary; 4. N 02°53'24" W a distance of 290.86 feet to the TRUE POINT OF BEGINNING. Containing: 10,183 square feet, more or lese. Recorded at Book 126, Page 484, Kodiak Recording District, Third Judicial District, State of Alaska. Parcel II: 0150 139 A portion of Lot 4 (Remainder), Block 1, Kadiak Alaska Subdivision, First Addition, U.S. Survey 3512, plat numbers 66 -13 and 79 -21, Kodiak Recording District, Third Judicial Diotrict, described ao follovo: Beginning at the northwest corner of Lot 4 (remainder) said corner being on the easterly right -of -way of Rezanof Drive East; Thence S 89"53'09" E a diotance of 113.90 EXHIBIT {t PAGE 1 1 1 0150 140 feet along the northerly boundary of Lot 4 to THE TRUE POINT OF BEGINNING: Thence the following courses: 1. Thence continuing 9 89 ^ 53'09" E a distance of 35.0 feet along said boundary; 2 . Thence 9 0 ° 05'44" W a distance of 389.35 feet to an exclusive easement (recorded in Book 92, Page 852, Kodiak Recording District, Third Judicial District, State of Alaska); 3. Thence N 57 ° 54'27" W a distance of 41.27 feet along said easement; 4 . Thence N 0 °05'44" E a distance of 367.49 feet to THE TRUE POINT OF BEGINNING. Containing: 13.245 square fjet, more or less. with the right, privilege and authority to construct, accept ownership of, reconstruct, maintain, repair, operate, improve, and update under the above- described lands a water and sewer system in- cluding all water and sewer lines, valves, manholes and other equipment associated with and reasonably necessary for the operation of said system. This easement includes a right -of -way and easement, 1. To provide ingress and egress over the subject property for construction and maintenance of the water and sewer utilities described above, and 2. To keep the above - described property free from buildkngs and other structures and the storage of items other than vehicles, any of which in the judgment of Grantee might interfere with, threaten, or endanger the operation and maintenance of said water and sewer lines or system; provided, however, that the his foregoing sore in interest interpreted as prohibiting Grantor or affected by this easement or constructing fences upon itrsoa long as said fences are constructed so that gates or removable panels or sections permit full and ready access to the easement area when necessary. The Grantee shall be consulted before any fill or excavation work is performed on the easement area and no such work shall be performed if, in the reasonable opinion of the Grantee, it will endanger or impose a significant additional burden upon the maintenance of the water and sewer utilities then in existence. The easement hereby granted to the City of Kodiak is nonexclusive and may be used for the location of electrical, telephone and other public utilities eo long as said utilities are constructed and Ueuy BUMPS Ap 2 af3 EXHIBITS_ PAGE 2 OF maintained so ao not to interfere with the City's ability to construct and maintain water and °ewer utilities. Furthermore it io acknowledged and agreed th..t the utilitieo constructed or to be constructed within the easement area may connect with utilities serving loco or oubdivioiono some or all of which may not be adjacent to or contiguouo with the properties burdened by this easement. Grantee, the City of Kodiak, acknowledges its intent and agreement to accept ownership of and the obligation to maintain the water and sewer eyatem to be constructed within the aforesaid easement area upon satisfying itself that the etandards and procedures set forth in Chapter 13.18 of the Kodiak City Code have been met, excepting only the requirement of KCC 13.18.020(o) that such utilities be located on publicly -owned property or rights of way. IN WIITEBB WHEREOF, this document is executed this 5r day of � I N o. , 1921 GRANTOR: MICHAEL W. ANDERSON i� ..u rya.: , r ;�'YiMID IDItWID6TaICT ) ''aq'F ; •_ t 'r th ibcayare. tae . >'4L'Idi �0o1Q 0.4 A dare an cla io . (' (I m•Lo L J"ood cords seal dm day ad � eJIW into. Utley Baden Pop 3M3 Noway Pe616 la sod Ls My Cmmedoe thd'ri Ar. 9 - 2'f• • pcA GRANTEE: CITY OP KODIAK '_)7.1292 ai- U. .•CT R cCUEL4'i9BY 4. /a.d '97 JUN 6 2 53 MS IS TO a3IMPTdeedetjse pies ladand ou clom'ledpd beam um dal rai of Ju,ae IS$ by ra us. A,1 O. - 4 me ww/ArNelldlpe an er nmuy. MM. WITNESS Foes and sonar sal the day W )a, me .base -tam /nil A No 6 NS be Alaska My COacWlea Bayern: 'L /e / return to: CITY CLERK, CITY OF KODIAK P.O. BOX 1397 KODIAX, AK 99615 0150 141 EXHIBIT A PAGE .3 OF .3 P 4r /0 /✓ cor-i STATE of ALASKA H /GNWAY R•0• hA Ti4KE r _ PLAT Nr 7 -2/ 1.0 'd sass 09'F /GS. Jl fr / � 25 A i` 0 ' • LOT 4D • 15921eiR N $LOT -4C 25,395 5p .5 N85•4' /Or W /2.3z' Ls 5 .. • �\ � ti iku S) �s s LAS ,5?-1 • S O FE E 'r W /O . E.4 C' C es S a n c un'ury A? /Gig w r- of --y 0&-,446 ( A SA 3 5 M E, V T C R SA T7 C 7 'H /5 " : , 4,41 r r/ sires OO/ %/ // / /iy// 9 � _ _ ?? ,529r, . 'd -' . ����% X ' 7 : h , ` _ _�l?.3„�O' ° p_7[L • ' / /S, (4' tote 00, 'woe 0.1e) / ,3,4 ACC h./LOT Atl t Nj 9,403 5.✓= �9 4 . N 6Sa54-' fen M/ /50. 70 //T /L/TY Are SSS a.,d R /GNY• of WAY EA 5EME CREA7 -o TNis PLAT • Q N kl 3 4 0 h Z3L 0 K / KAP iAK AL,SI -CA 5U er. . ADPN. PLArN' 66 -. OA r • -- 1 40 zr, 4� 1. �� rI al Bs, � � vh 3 R ",3• <Cter t ' 09 efi o EXHIBIT -Lll PAGE 1 OF J_ 102 PLO6 NOL1OflJ,SNOO NOS630N6 WV EE ;[l 03M 2O0? -O? -add Michael Anderson PO Box 2310 Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6398 February 20, 1997 RE: Case S94 -001. Request for preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition, creating Lots 4A, 4B, 4C and 4D, Block 1, Kadiak Alaska Subdivision, First Addition and Plover Way: 3420 Rezanof Drive (Postponed from the January 24, 1997 regular meeting). � _I`"L Deaz�vlr. "eln�derson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 19, 1997, granted preliminary.approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: 1. Unless the City of Kodiak has accepted, prior to recording of the final plat, responsibility for operation and maintenance, as owner, of the sewer and water utility lines crossing Lot 4 and adjacent Tract C -IA, place a note on the final plat stating: "Responsibility for operation and maintenance of the private sewer and water service lines crossing Lot 4 will be shared by the owners of Lots 4A, 4B, 4C and 4D until such time as the City code requirements are met for transfer and the City of Kodiak accepts the lines into the public utility system." (Kodiak City Code Sections 13.18.020 and 030) 2. Plat, as part of this action, the existing fifty (50) foot wide access easement across Tract C -1A to provide legal, platted access to proposed Lots 4A, 4B, and 4D. 3. Construct a driveway entrance to the existing deli /liquor store on proposed Lot 4C from Rezanof D th is consistent with KIBC 17.57.080.F and as requested by ADOT. The southern edge of this twenty-four by thirty-two foot (24' x 32') wide driveway will be at least seventy (70) feet from the northern edge of the traveled way of Plover Way, with ingress /egress to proposed Lot 4C restricked by landscaping, or otherwise, within those seventy (70) feet. EXHIBIT C. r OF ( Michael Anderson February 20, 1997 Page Two Kodiak Island Borough 4. Provide engineered road and drainage plans, incorporating the standards for improvements contained in Chapters 16.70 and 16 80, for review and approval by the Borough Engineering/Facilities Department prior to construction of Plover Way, as required by KIBC 16.70.010. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a reevaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; I) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: EXHIOT OF 11 Michael Anderson February 20, 1997 Page Three Sincerely, Kodiak Island Borough 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9362. Linda L. Freed, Director Community Development Department cc: Ecklund Surveying EIA-6/N/F71-0-rP DePr 21, Rex ywAi4 , l} 2112 1, EXu'DIT L PACT OF I1 COMMISSIONER SELIG stated that he remembered a comment by Virginia Adams at the January 24 meeting, concerning the log transfer facility in Cordova, which was not reflected in the draft minutes. He felt that comment was important and should be added. COMMISSIONER SELIG MOVED TO AMEND the January 24, 1997 minutes to reflect Ms. Adams comments about the log transfer facility in Cordova. The motion to amend was seconded and CARRIED by unanimous roll call vote. The question was called and the motion CARRIED by unanimous roll call vote. The January 24, 1997 minutes would reflect the change with the following addition to Ms. Adams testimony: V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case S94 -001. Request for preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition, creating Lots 4A, 4B, 4C and 4D, Block 1, Kadiak Alaska Subdivision, First Addition and Plover Way. 3420 Rezanof Drive (Postponed from the January 24, 1997 regular meeting). BOB SCHOLZE indicated 35 public hearing notices were mailed for this case and lwas returned, stating non - objection to this request. Staff recommended approval of this request, subject to 4 conditions as suggested in the supplemental staff memorandum dated February 18, 1997. COMMISSIONER BELL MOVED TO GRANT preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition (Remainder) creating Lots 4A, 4B, 4C, and 4D, Block 1, Kadiak Alaska Subdivision, First Addition, and Plover Way, subject to the conditions of approval contained in the staff report dated February 18, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. P & Z Minutes: February 19, 1997 CONDITIONS OF APPROVAL: 1. Unless the City of Kodiak has accepted, prior to recording of the final plat, responsibility for operation and maintenance, as owner, of the sewer and EXHIBIT C. PAGE . OF I i Page 2 of 9 P & Z Minutes: February 19, 1997 r r water utility lines crossing Lot 4 and adjacent Tract C -1A, place a note on the final plat stating: "Responsibility for operation and maintenance of the private sewer and water service lines crossing Lot 4 will be shared by the owners of Lots 4A, _ 4B, 4C and 4D until such time as the City code requirements are met for transfer and the City of Kodiak accepts the lines into the public utility system." (Kodiak City Code Sections 13.18.020 and 030) 2. Redesign proposed Lot 4A to have frontage on the right -of -way either by flagstem or by consolidation with proposed Lot 4D, as recommended by KIBC 16.40.050.B.8. In the alternative, plat, as part of this action, the existing fifty (50) foot wide access easement across Tract C -1A to provide legal, platted access to proposed Lot 4A. 3. Construct a driveway entrance to the existing deli/liquor store on proposed Lot 4C from Rezanof Drive that is consistent with KIBC 17.57.080.F and as requested by ADOT. The southern edge of this twenty-four by thirty- two foot (24' x 32') wide driveway will be at least seventy (70) feet from the northern edge of the traveled way of Plover Way, with ingress /egress to proposed Lot 4C restricted by landscaping, or otherwise, within those seventy (70) feet. 4. Provide engineered road and drainage plans, incorporating the standards for improvements contained in Chapters 16.70 and 16.80, for review and approval by the Borough Engineering/Facilities Department prior to construction of Plover Way, as required by KIBC 16.70.010. FINDINGS OF FACT 1. This plat, with conditions, meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat, with conditions, meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. Regular Session Closed. EXHIBIT C PAGE C 1 ' Page 3 of 9 P & Z Minutes: February 19, 1997 Public Hearing Opened: Mike Anderson, applicant, appeared before the Commission and expressed support for this request. He had no objection to conditions of approval #1, #3 and #4, as they were all requirements of Title 16, however, he felt they were unnecessary as conditions. He felt that condition #2 was unnecessary, and he did not want to include Tract C -1A in this subdivision. He understood staff's concem of providing legal access to Lot 4A, but did not feel that a flag stem was necessary, or would meet separation requirements. Mr. Anderson also felt that Title 16 should be revised in places where "...K1B Engineering/Facailities Department review and approval..." is required, to be changed to read- " KIB Engineering/Facailities Department review and acceptance." He felt that if he had plans developed and stamped by a registered engineer, that was adequate, and approval by KIB Engineering/Facilities Department was unnecessary. At COMMISSIONER SCHEIDLER'S request, Linda Freed responded to staff's suggestion for condition #2. She reported that since the recorded easement was not platted or included as part of this subdivision request, there was nothing protecting the recorded access easement from being changed or even eliminated at some future date, without review by the Planning and Zoning Commission. Staffs intent was to identify the 50' wide access easement to ensure public review of any changes to the easement, as a platting action. Mr. Anderson felt strongly that Condition #2 would cloud his plans for developing Lot C -1A, and asked that the Commission either strike the condition, or deny the subdivision. It was unacceptable to him, and he assured the Commission that he had no intention of eliminating or modifying the recorded access easement. The Commission discussed the access easement and revised condition #2, which was agreeable to Mr. Anderson. Public Hearing Closed. Regular Session Opened. COMMISSIONER SELIG MOVED TO AMEND condition #2 by revising it to read as follows: 2. Plat, as part of this action, the existing fifty (50) foot wide access easement across Tract C -IA to provide legal, platted access to proposed Lots 4A, 4B, and 4D. The motion to amend was seconded and CARRIED by unanimous roll call vote. EXHIBIT r PAGE to OF Page 4 of 9 The question was called and the motion CARRIED by unanimous roll call vote. B) Case 97 -001. Planning and Zoning Commission determination, according to Section 17.36.050.0 (Non - conforming uses and structures), of the Borough Code, that an auto repair and welding shop is equally appropriate or more appropriate to the R1- Single Family Residential zoning district than a small convenience store and video arcade located on Lot 23B, U.S. Survey 3099. 2657 Metrokin Way (Postponed from the January 24, 1997 regular meeting). BOB SCHOLZE indicated 27 public hearing notices were mailed for this case and 7 were returned, 3 in favor, 3 opposing this request and 1 requesting demolition of the trailer court, which also expressed no objection. Staff recommended denial of this request, but acknowledged that neighborhood impact and public testimony should be considered by the Commission in making their decision. P & Z Minutes: February 19, 1997 THE MOTION ON THE FLOOR IS: MOVE TO FIND, in accordance with Section 17.36.050.0 of the Borough Code, that the use of the commercial structure on Lot 23B, U.S. Survey 3099, for an automobile repair and welding shop is equal to, or more appropriate than the presently permitted nonconforming use, previously determined to be appropriate in the R1 -- Single - family Residential zoning district, of convenience store /video arcade. Public Hearing Closed. Regular Session Opened. Marie Coleman co- property owner, appeared before the Commission and encouraged them to approve this request. She acknowledged that there were many problems as a result of having the convenience store /arcade occupy the building, as well as having the building vacant. She said it did not foster a good environment, and stated that the auto repair shop made a much better neighbor. Wayne Coleman applicant, appeared before the Commission and expressed support for this request. He provided the Commission with a petition signed by 28 neighbors, all expressing no objection. He encouraged the Commission to approve the request. Public Hearing Closed. Regular Session Opened. e PA( 1 OF It Rage 5 of 9 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: Case S94 -001 Kodiak Island Borough SUPPLEMENTAL MEMORANDUM February 18, 1997 Planning and Zoning Commission Community Development Departmen Information for the February 19, 1997 Regular Meeting S94 -001 Mike Anderson APPLICABLE REGULATIONS: Public Hearing Item VI -A Request for preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition, creating Lots 4A -4D, Block 1, Kadiak Alaska Subdivision, First Addition and Plover Way. ICIBC 16.40.050.B.8: • All lots should have frontage on a dedicated public right -of -way. Generally, access easements may be allowed only when the property proposed for subdivision is accessed by an easement or has no dedicated public access. BACKGROUND Staff visited the subject property February 13th, the day after last week's packet review worksession. The outcome of that site visit was: 1) confirmation that the distance from the proposed Plover Way intersection with Rezanof Drive to the nearest edge of the driveway into the gear storage yard on adjacent Lot 3A is forty (40) feet, not twenty -five (25) feet as indicated in the staff report; 2) that sight distance to the south from a vehicle stopped at that intersection would be unobstructed; and 3) that the improved access within the fifty (50) foot wide access easement across adjacent Tract C -1A to the shop and warehouse on proposed Lots 4A and 4B is adequate to serve those uses and routinely handles tractor - trailer truck and van traffic. Since last week's worksession, a revised parking plan, potentially for expanded use, has been provided for the deli/liquor store on proposed Lot 4C. In addition, documentation has been provided from the Bayside fire chief confirming that the fire hydrant installed in the middle of Lot 4, located within easements, satisfies the requirements of the fire department and provides adequate access to facilitate movement of fire apparatus. EX-: :,T G PAC= 8 OF 11 Page 1 of 3 ' P & Z: February 19, 1996 Public Hearing Item VI -A Accordingly, suggested conditions of approval #2 and #3 have been modified. Condition #2, recognizing that the code language in KIBC 16.40.050.B.8 is a recommendation and not a requirement ( "should" vs. "must "), suggests that, as an alternative to lot frontage for proposed Lot 4A on the right -of -way, the existing fifty (50) wide access easement across adjacent Lot C- 1A to proposed Lot 4A might be platted as part of this subdivision action. The portion of Condition #3 requiring a revised parking plan for the use on proposed Lot 4C has been deleted. The recommended motion and findings remain the same, with the exception of the staff report date referenced for the conditions. CONDITIONS OF APPROVAL: 1. Unless the City of Kodiak has accepted, prior to recording of the final plat, responsibility for operation and maintenance, as owner, of the sewer and water utility lines crossing Lot 4 and adjacent Tract C -1A, place a note on the final plat stating: "Responsibility for operation and maintenance of the private sewer and water service lines crossing Lot 4 will be shared by the owners of Lots 4A, 4B, 4C and 4D until such time as the City code requirements are met for transfer and the City of Kodiak accepts the lines into the public utility system." (Kodiak City Code Sections 13.18.020 and 030) 2. Redesign proposed Lot 4A to have frontage on the right -of -way either by flagstem or by consolidation with proposed Lot 4D, as recommended by KIBC 16.40.050.B.8. In the alternative, plat, as part of this action, the existing fifty (50) foot wide access easement across Tract C -1 to provide legal, platted access to proposed Lot 4A. 3. Construct a driveway entrance to the existing deli/liquor store on proposed Lot 4C from Rezanof Drive that is consistent with KIBC 17.57.080.F and as requested by ADOT. The southern edge of this twenty-four by thirty -two foot (24' x 32') wide driveway will be at least seventy (70) feet from the northern edge of the traveled way of Plover Way, with ingress /egress to proposed Lot 4C restricted by landscaping, or otherwise, within those seventy (70) feet. 4. Provide engineered road and drainage plans, incorporating the standards for improvements contained in Chapters 16.70 and 16.80, for review and approval by the Borough Engineering/Facilities Department prior to construction of Plover Way, as required by KIBC 16.70.010. Case 594-001 PAC 9 OF i Page 2 of 3 P & Z: February 19, 1996 APPROPRIATE MOTION Move to grant preliminary approval of the subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition (Remainder) creating Lots 4A, 4B, 4C, and 4D, Block 1, Kadiak Alaska Subdivision, First Addition, and Plover Way, subject to the conditions of approval contained in the staff report dated February 18, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. FINDINGS OF FACT Public Hearing Item VI -A 1. This plat, with conditions, meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat, with conditions, meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Case 894 -001 EXHIBIT G Pa.. 10 OF 11 Page 3 of 3 P & Z: February 19, 1996 RE/a ra / � RE ' f l S #1/000," LOOP" :N KADIAK ALASK r, - FIRST .00I11 �j. i ©/ . VIC INITY NIA P 4 OCALCO I"• 40Cr 1 7VEY�"3,y / f � Access f Ur /41rr EASE 0C4 0C4 771/5 FKAr /23.,90• I ^, 10 TO - a 64 \ inouCci Ii 55 5 7 0 "5 Mich rc✓.S17/+'p on fired e, 1/414 <417._ A CCIS - SSI EA 5e -mss _. ___ t---e " s CIS -e--- S L I -Doi "ACLU ND 3URVCYITIO ^ •• w ICA, fw.sw� , \ AS. •.,•1 / Ur/L 1 50.70' • OVIAWN Sry 0..4,rAR r Iion i A 9, 403 4.R m n' /SO. 70' a n,e , 1 IP 1h r. ; 0 0 1 3 0 0 ° � EVFPAn • A4 /CNAEL ANos/{ RO. Box $3/0, *Yoeleak . A/asE. sac. /5 SUBDIVISION of L0r4 (REMAINDER) stocA -/ ACAD/AK ALAS/CA JUSO/V /S/ON, /rr Adoper/0m, u. a...It: Vry .'!s /C PLAT NUMrr 6 6-19 and 79 - WITHIN KQ01AK RIICOf1 d 7(N DIO ICT KO0 1AI< Al ' 91(q P4TE JO • _. . !_fro EXHIBIT _ a nr l'1 Kodiak Island Borough Borough Assembly /Clerk's Office 710 Mill Bay Road Kodiak, Alaska 99615 Attn.: Judi Nielsen, Borough Clerk Dear Ms Nielsen: MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE 1907) 486 -3143 May 19, 2005 Re: Objection to Trinity Islands Paving Project Assessment Roll My File No. 9304.08 ECIEIVE D MAY 1 92005 Lim #' Yr1. Ii, BOROUGH CIERK'FFlCE HAND DELIVERED As you know, on April 21 you received and passed on to the Assembly a letter which I wrote on Mike Anderson's behalf arguing that the assessment roll for the Trinity Islands Paving District should not be confirmed unless and until Mr. Anderson's property at 3472 Rezanof Drive East is removed from it. Yesterday you received two further Letters directed to the Mayor and Assembly, one from Mike and the other from myself, along with certain supporting materials. I would like to clarify two things before the Assembly further addresses the assessment roll here in question. First, notwithstanding the fact that they are directed to the Mayor and Assembly, all of the materials you have received are intended to be regarded as parts of a written objection to the assessment roll "file[d] with the clerk" within the meaning of KIBC 4.40.110A. While I do not think that such an obvious conclusion truly needs clarification, I'm afraid I am sometimes called upon to refute arguments based upon procedural technicalities that strike me as truly silly, hence my "clarification" of what I trust is obvious to all. Secondly, I feel it might be helpful to clarify the proper legal description of the property at 3472 Rezanof. This is the property upon which the Anderson Construction shop building stands. Its current proper legal description is, I believe, "Tract B of Trinity Islands Subdivision, U.S. Survey 3512 according to Plat 98 -25." Briefly, the Anderson Construction shop is on property which, from the fall of 1979 forward would have been described as "Lot 4, Block 1, Kadiak Alaska Subdivision, 1st Addition, according to Plat 79 -21. As of June of 1997, Lot 4 was subdivided by Plat 97 -12 into Lots 4A through 4D. Mike's shop then stood on "Lot 4A, Block 1, Kadiak Alaska Subdivision, 1st Addition, according to Plat 97 -12." In the fall of 1998 Lots 4A and 4B (the latter having shortly beforehand become designated Tract A of Trinity Islands Subdivision according to Plat 98 -22) were vacated and the underlying Judi Nielsen -2- May 19, 2005 property realigned as Tracts B and A -1 of Trinity Islands Subdivision, U.S. Survey 3512 according to Plat 98 -25. I attach for the Assembly's convenience reduced copies of plats 98 -25, 97 -12 and the pertinent portion of plat 79 -21. Upon reflection, the foregoing history suggests to me how it most likely came about that Mr. Anderson's property (Tract B) was mistakenly included within the Trinity Islands Paving District. Plat 98 -25 depicts "Trinity Islands Subdivision." The paving of Sitkinak Drive, Tugidak Court, and Chirikof Circle was called the "Trinity Islands Paving District" because these streets are all within the Trinity Islands Subdivision. One can understand, then, how a Borough staff person might, without any particular thought or analysis, have simply outlined the entire Trinity Islands Subdivision, including Tract B, when designating the boundaries of the "Trinity Islands Paving District." While admittedly involving a certain degree of speculation, the foregoing is, I would submit, a far more logical and credible explanation for how Tract 13 found its way onto the assessment roll now before the Assembly — i.e., by simple mistake — than the tenuous and contrived argument that Tract B's inclusion must have been intentional and based upon the (undocumented and easily debunked) conclusion of an unidentified Borough employee that the utility easement shown on Plat 97 -12 was somehow intended to create a public access from Puffin Drive to Sitkinak Drive. As noted in a previous submission, even if this were true it would not justify treating Tract 13 on a par with the other 45 properties on the assessment roll, all of which border upon one or more of the streets which were paved. I apologize for the lateness of this letter but thought the foregoing clarifications should be made part of the record before the Assembly takes action. Encl. Plats 79 -21, 97 -12 and 98 -25 cc: Mike Anderson Sincerely, Melvin M. Stephens, II Counsel for Mike Anderson , • - /_ • \� \ II IL Wi A \ m \\ \! • r, • 4/ \� @ :. & A | [ *y :co \ > \ @ \R ® # ® t e _ ° •` - ' , —w� 7 Lir ) ) q �7 / S_zb' � fre .40 al tS I. 01 • ate Mt V ; t M .00N (,•;! ƒ)\ ■ R , N r» //9/ _e / t %zf ro =- map AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2005 AND ENDING ON THE THIRTIETH DAY OF JUNE 2006 (FISCAL YEAR 2006 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1. This ordinance is not of general application and shall not be codified. Section 2. Section 3. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2006 -01 Introduced by:Interim Manager Galstad Drafted by: Finance Director Introduced: 05/19/2005 Public Hearing: Adopted: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2005 and ending on the thirtieth day of June 2006. Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Composition of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 1 of 6 Budget Ordinance A. General Fund (100) Revenues Taxes Percentage Real Property 58.46% 7,614,300 Personal Property 8.97% 1,167,990 Non ad valoren taxes 1.44% 188,000 Payment in lieu of taxes 5.11% 665,000 Severance Taxes 7.41 % 965,030 Penalties & Interest on Tax 1.15% 150,000 Licenses & Permits 0.80% 104,500 Intergovernmental 9.80% 1,276,075 Investments Earnings 1.77% 230,000 Other 0.44% 57,200 Use of Fund Balance 4.66% 606,323 Total General Fund Revenues Expenditures FTE Legislative 1.23% 160,230 Personnel Services 21,600 Fringe Benefits 3,630 Lobbyist 62,000 Support Services 73,000 Borough Management 3 1.76% 229,150 Personnel Services 141,920 Fringe Benefits 65,620 Support Services 41,610 Allocated (20,000) Borough Clerk 3 2.76% 359,570 Personnel Services 173,880 Fringe Benefits 78,650 Support Services 107,040 Legal Services Cost of Litigation 133,000 Support Services 20,200 Finance /Accounting Personnel Services Fringe Benefits Support Services Capital Outlay Allocated to Projects 7 100.00% 13,024,418 403,910 184,110 103,750 (27,000) 1.18% 153,200 5.10% 664,770 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 2 of 6 Finance /MIS 3 3.30% 429,213 Personnel Services 188,080 Fringe Benefits 89,248 Support Services 290,535 Capital Outlay - Allocated (138,650) Assessing 4 2.96% 385,820 Personnel Services 246,010 Fringe Benefits 109,270 Support Services 39,540 Capital Outlay 1,000 Allocated to other funds (10,000) Engineering /Facilities 2 0.86% 111,980 Personnel Services 118,800 Fringe Benefits 63,830 Professional Services 2,200 Support Services 47,150 Allocated to Projects (120,000) Community Development 5 4.06% 528,270 Personnel Services 327,760 Fringe Benefits 136,110 Professional Services - Support Services 69,800 Capital Outlay Allocated to Projects (5,400) Building Inspectors Contracted Services 125,000 Support Goods and Services 7,230 Economic Development Professional Services 25,000 Contributions 43,000 Support Goods & Services 10,000 General Administration Fringe Benefits Professional Services 1.02% 132,230 0.60% 78,000 2.39% 310,970 Audit Expense 110,000 Support Services 175,970 Capital Outlay 25,000 Emergency Preparedness 0.30% 38,800 Support Services 8,800 Capital Outlay 30,000 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 3 of 6 Education Support Professional Services 520,000 Audit Expense 37,000 Support Goods and Services 112,000 Operating Transfers 8,388,560 Contracted Services 60000 Contributions 194,320 Education, Culture & Recreation Contributions 130,335 69.54% 9,057,560 Health & Social Services 1.95% 254,320 1.00% 130,335 Total General Fund Expenditures 13,024,418 B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 83,090 3 Resource Manager (210) 52,000 4 Buildings & Grounds Fund (220) 658,000 5 Coastal Management (230) 25,650 6 Local Emergency Planning Committee (234) 0 7 Women's Bay Road Service Area (240) 113,900 8 Service Area No. 1 (242) 204,350 9 Service Area No. 2 (243) 0 10 Monashka Bay Road Services Area (244) 43,015 11 Bay View Road Service Area (246) 4,800 12 Fire Protection Area No. 1 (254) 421,250 13 Women's Bay Fire Department (252) 89,200 14 KIB Airport Fire Area (254) 15,490 15 Woodland Acres Street Light Area (260) 5,000 16 Trinity Acres Lighting Dist. (261) 3,600 17 Mission Lake Tide Gate (262) 2,460 18 Trinity Acres Paving Dist. 263) 22,140 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 4 of 6 Section 4. Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the calendar year 2005, to be used for the purposes as specified in the Budget for the Fiscal Year 2005 of the Kodiak Island Borough commencing on the first day of July 2005 and ending on the thirtieth day of June 2006 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 11.00 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1 .25 mills E. Bay View Road Service Area 1 .00 mills F. Fire Protection Area No. 1 1 .50 mills G. Monashka Bay Road Service Area 1 .75 mills H. Service Area No. 1 Roads 1 .00 mills I. Woodland Acres Street Light Area 0 mills J. Service Area No. 2 0 mills K. KIB Airport Fire Area 1 .25 mills L. Trinity Islands Street Light Service Area .5 mills M. Mission Lake Tide Gate Service Area 1 .00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5. Kodiak Island Borough staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 6 of 6 19 Kodiak Arts Council (275) 56,910 20 Facilities Fund (276) 1,680,000 21 Tourism Development (277) 45,000 22 Fern Fuller Trust (290) 75,000 Total Special Revenue Funds 3,600,855 C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 3,592,000 2 Debt Service - Other (310) 0 Total Debt Service Funds 3,592,000 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 114,000 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 Total Capital Projects Funds 114,000 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 3,502,060 2 Hospital Enterprise Fund (540) 1,655,850 3 Near Island Research Fund (555) 1,881,914 4 911 Service (560) 69,000 Total Enterprise Funds 7,108,824 Total all Funds $ 27,440,097 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 5 of 6 Meeting of May 19, 2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.1 Ordinance No. FY2006 01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2005 and Ending on the Thirtieth Day of June 2006 (2006 Fiscal Year Budget). This includes funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levies a tax on the real and personal property within the borough as well as upon natural resources extracted and removed from the Borough. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2006 -01 in first coding to advance to public hearing on June 2, 2005. AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2005 AND ENDING ON THE THIRTIETH DAY OF JUNE 2006 (FISCAL YEAR 2006 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1. This ordinance is not of general application and shall not be codified. Section 2. Section 3. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2006 -01 Introduced by:Interim Manager Galstad Drafted by: Finance Director Introduced: 05/19/2005 Public Hearing: Adopted: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2005 and ending on the thirtieth day of June 2006. Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Composition of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 1 of 6 A. General Fund (100) Revenues Taxes Total General Fund Revenues Expenditures FTE Percentage Real Property 59.94% 7951390 Personal Property 9.05% 1,201,076 Non ad valoren taxes 1.42% 188,000 Payment in lieu of taxes 5.01% 665,000 Severance Taxes 7.61% 1,008,900 Penalties & Interest on Tax 1.13% 150,000 Licenses & Permits 0.79% 104,500 Intergovernmental 8.49% 1,126,075 Investments Earnings 1.51% 200,000 Other 0.43% 57,200 Use of Fund Balance 4.63% 614,122 Legislative 1.21% 160,230 Personnel Services 21,600 Fringe Benefits 3,630 Lobbyist 62,000 Support Services 73,000 Borough Management 3 1.73% 229,150 Personnel Services 141,920 Fringe Benefits 65,620 Support Services 41,610 Allocated (20,000) Borough Clerk 3 2.71% 359,570 Personnel Services 173,880 Fringe Benefits 78,650 Support Services 107,040 Legal Services Cost of Litigation 133,000 Support Services 20,200 Kodiak Island Borough, Alaska 100.00% 13,266,263 1.15% 153,200 Finance /Accounting 7 5.01% 664,770 Personnel Services 403,910 Fringe Benefits 184,110 Support Services 103,750 Capital Outlay - Allocated to Projects (27,000) Ordinance No. FY2006 -01 Page 2 of 6 Finance /MIS 3 3.47% 460,058 Personnel Services 188,080 Fringe Benefits _ 89,248 Support Services 321,380 Capital Outlay - Allocated (138,650) Assessing 4 2.91% 385,820 Personnel Services 246,010 Fringe Benefits 109,270 Support Services 39,540 Capital Outlay 1,000 Allocated to other funds (10,000) Engineering /Facilities 2 0.84% 111,980 Personnel Services 118,800 Fringe Benefits 63,830 Professional Services 2,200 Support Services 47,150 Allocated to Projects (120,000) Community Development 5 3.98% 528,270 Personnel Services 327,760 Fringe Benefits 136,110 Professional Services Support Services 69,800 Capital Outlay Allocated to Projects (5,400) Building Inspectors Contracted Services 125,000 Support Goods and Services 7,230 Economic Development 0.59% 78,000 Professional Services 25,000 Contributions 43,000 Support Goods & Services 10,000 General Administration Fringe Benefits Professional Services Audit Expense Support Services 110,000 175,970 Emergency Preparedness Support Services 8,800 Capital Outlay 30,000 1.00% 132,230 2.16% 285,970 0.29% 38,800 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 3 of 6 Education Support Professional Services 520,000 Audit Expense 37,000 Support Goods and Services 112,000 Operating Transfers 8,624,560 Health & Social Services Contracted Services 60000 Contributions 194,320 Education, Culture & Recreation Contributions 130,335 70.05% 9,293,560 1.92% 254,320 0.98% 130,335 Total General Fund Expenditures 13,266,263 B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 83,090 3 Resource Manager (210) 52,000 4 Buildings & Grounds Fund (220) 608,000 5 Coastal Management (230) 25,650 6 Local Emergency Planning Committee (234) 0 7 Women's Bay Road Service Area (240) 113,900 8 Service Area No. 1 (242) 204,350 9 Service Area No. 2 (243) 0 10 Monashka Bay Road Services Area (244) 43,015 11 Bay View Road Service Area (246) 4,800 12 Fire Protection Area No. 1 (254) 421,250 13 Women's Bay Fire Department (252) 89,200 14 KIB Airport Fire Area (254) 15,490 15 Woodland Acres Street Light Area (260) 5,000 16 Trinity Acres Lighting Dist. (261) 3,600 17 Mission Lake Tide Gate (262) 2,460 18 Trinity Acres Paving Dist. 263) 22,140 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 4 of 6 19 Kodiak Arts Council (275) 56,910 20 Facilities Fund (276) 1,680,000 21 Tourism Development (277) 45,000 22 Fern Fuller Trust (290) 75,000 Total Special Revenue Funds 3,550,855 C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 3,592,000 2 Debt Service - Other (310) 0 Total Debt Service Funds 3,592,000 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 0 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 Total Capital Projects Funds 0 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 3,502,060 2 Hospital Enterprise Fund (540) 1,405,850 3 Near Island Research Fund (555) 1,881,914 4 911 Service (560) 69,000 Total Enterprise Funds 6,858,824 Total all Funds $ 27,267,942 Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 5 of 6 Section 4. Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the calendar year 2005, to be used for the purposes as specified in the Budget for the Fiscal Year 2005 of the Kodiak Island Borough commencing on the first day of July 2005 and ending on the thirtieth day of June 2006 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 11.50 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1 .50 mills G. Monashka Bay Road Service Area 1 .75 mills H. Service Area No. 1 Roads 1.00 mills I. Woodland Acres Street Light Area 0 mills J. Service Area No. 2 0 mills K. KIB Airport Fire Area 1 .25 mills L. Trinity Islands Street Light Service Area .5 mills M. Mission Lake Tide Gate Service Area 1 .00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5. Kodiak Island Borough staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, cMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -01 Page 6 of 6 I q Meeting of: May, 2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.1 Acknowledging Receipt of the Architectural /Engineering Review Board's Recommendation for Engineering /Geotech Services to Assist the KIB in Developing a Seismic Vulnerability Assessment of School Facilities and to Acquire Funding from the Federal Emergency Management Agency [FEMA],� The Architectural /Engineering Review Board [ARB] is the review board for the KIB Assembly and the Kodiak Island Borough for recommending Engineers for public projects. In accordance with KIBC 2.45.040(A), the ARB is forwarding a recommendation to the Assembly for the engineering firm selected to accomplish a Seismic Vulnerability Assessment and to assist in acquiring FEMA funding for up to 14 KIB schools. Through an RFP process the ARB selected 4 firms to interview. After conducting the interviews, the ARB, staff and technical advisors unanimously selected the firm of G &E Engineering Systems Inc to perform the work. This selection is based on a qualification basis only with a contract for price to be negotiated and approved by the Assembly. FISCAL NOTES ACCOUNT NO. 420 519 410 110 05002 100 [O] N/A Expenditure Required $ Amount Budgeted APPROVAL FOR AGENDA: Manager RECOMMENDED MOTION: Move to acknowledge receipt of the Architectural /Engineering Review Board's recommendation for engineering /geotech services to assess seismic vulnerability of school facilities and to acquire FEMA funding with G &E Engineering Services, Inc. and direct the Manager to enter into contract negotiations. Bud Cassidy Notes Architectural Review Board Review Session of Interviews - Seismic Valuation 22 April 2005 5:30pm KIB Conference Room The ARB met on Friday, April 22 at 5:30 P.M. in the KIB Conference Room to select a firm to perform the Seismic Vulnerability Study. We had interviewed 2 firms at Thursdays night's ARB meeting and 2 other firms at the Wednesday ARB meeting. Chairman Arndt went around the table asking members, staff, and technical advisors to rank the 4 presenters. In all cases, G &E Engineering Systems, Inc. was the number one selection of all ARB members, all staff and all technical advisors. Comments ranged from "Best all around presentation" to "I now have a better understanding of where we are going and where we are going to apply our money." The second firm selected, in case KIB cannot come to terms with G &E, is Coffman Engineers. Though this was not a unanimous decision, It was the majority selection of the members. Chairman Arndt asked for a motion recommending G &E Engineering Systems, Inc. as the firm to provide the Seismic Vulnerability Evaluation work based on the RFP and Coffman Engineers as the alternate should we not come to terms with G &E. Motion was made by member Jerrol Friend and seconded. The vote was unanimous in support of the motion. Chairman Arndt asked for comments. After some discussion about where we go from here, a motion was made to adjourn the meeting. Motion was made and approved unanimously. Meeting was adjourned at 6:25 P.M. \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Review Session 22 Apr 2005.doc Meeting of May 19, 2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.2 Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. AS 29.45.030(0 allows the Assembly to waive the claimant's failure to make timely application for exemption and allows the Assessor to reimburse Mr. Peter Kewan for tax year 2004. FISCAL NOTES: NA Expenditure Required: ACCOUNT NO.: Amount APPROVAL FOR AGENDA: 1 Recommended motion: Move to waive the Claimant's Failure to Make Tim -ly Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 721 MUNICIPAL TAXATION § 29.45.030 determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 — 44.62.570. (f) To be eligible for an exemption under (e) of this section for a year, a municipality may by ordinance require that an individual also meet requirements under one of the following paragraphs: (1) the individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that same year or for the immediately preceding year; or (2) if the individual has not applied or does not apply for one or both of the permanent fund dividends, the individual would have been eligible for one of the permanent fund dividends identified in (1) of this subsection had the individual applied. An exemption may not be granted under (e) of this section except upon written application for the exemption. Each municipality shall, by ordinance, establish procedures and deadlines for filing the application. The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed. If an application is filed within the required time and is approved by the assessor, the assessor shall allow an exemption in accordance with the provisions of (e) of this section. If the application for exemption is approved after taxes have been paid, the amount of tax that the claimant has already paid for the property exempted shall be refunded to the claimant. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an exemption claimed under (e) of this section, and shall require a disabled veteran claiming an exemption under (e) of this section to provide evidence of the disability rating. The assessor may require proof under this subsection at any time. (g) The state shall reimburse a borough or city, as appropriate, for the real property tax revenues lost to it by the operation of (e) of this section. However, reimbursement may be • niade to a municipality for revenue lost to it only to the extent that the loss exceeds an exemption that was granted by the municipality, or that on proper application by an individual would have been granted under AS 29.45.050(a). If appropriations are not sufficient to fully fund reimbursements under this subsection, the amount available shall be distributed pro rata among eligible municipalities. (h) Except as provided in (g) of this section, nothing in (e) — (j) of this section affects similar exemptions from property taxes granted by a municipality on September 10, 1972, or prevents a municipality from granting similar exemptions by ordinance as provided in AS 29.45.050. (1) In (e) — (i) of this section, (1) "disabled veteran" means a disabled person (A) separated from the military service of the United States under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 percent or more by the branch of service in which that person served or by the United States Department of Veterans Affairs; or (B) who served in the Alaska Territorial Guard, who is a resident of the state, whose disability was incurred or aggravated in the line of duty while serving in the Alaska Territorial Guard, and whose disability has been rated as 50 percent or more; (2) "real property" includes but is not limited to mobile homes, whether classified as real or personal property for municipal tax purposes. (j) One motor vehicle per household owned by a resident 65 years of age or older on January 1 of the assessment year is exempt either from taxation on its assessed value or from the registration tax under AS 28.10.431. An exemption may be granted under this subsection only upon written application on a form prescribed by the Department of Administration. (k) The department shall adopt regulations to implement the provisions of (g) and (j) of this section. TO: Nancy Galstad, Borough Manager FROM: Debra Rippey, Appraiser Technician DATE: April 28, 2005 SUBJECT: Late File Senior Citizen Peter Kewan has submitted the attached Senior Citizen property tax exemption application for tax year 2004. He is applying for this senior exemption as a late file Senior Citizen. As stated in his late file affidavit, Mr. Kewan was not aware he qualified for an exemption at 65 years of age. Because he was 65 on January 1, 2004, Mr. Kewan would have been eligible for the exemption in tax year 2004. Please review this application for approval of a tax year 2004 late file exemption and refund for taxes paid. Thank you. KODIAKISLAND BOROUGH Assessing Department MEMORANDUM Kodiak Island Borough Assessing Department Date: April 28, 2005 Abatement: X Name: Peter Kewan P.O. Box 73 Port Lions, AK 99550 Legal: PORT LIONS 3 BK 2 LT 1 Corrected Value: Adjustment Request Account: R5793020010 Adjustment No: 2005 -27R Refund: X Re -bill: Explanation of Change: Late file Senior Citizen. Property owner should be exempted 100 %. Please abate and refund for tax year 2004. Valuation Assessed Value: 2004 $ 43,100 Add: Subtract: 2004 $ 43,100 2004 - 0 - Prepared by: Debra Rippey Date: 4/28/2005 Approved by: Date: Total Tax SENT BY: CITY OF PORT LIONS; 9074542420; FEB -10.05 11:4541w1; PAGE 4/6 r+c/ l at Lao.] o`1: as y f7 - 4116 - 9359 KIS ASSESSOR PAGE 04 PETER KEWAN P.O, BOX 73 PORT LIONS, AK 99550 SPOUSE:CHARLENE LEGAL ADDRESS: PORT LIONS 3 fl0 BK 2 LT 1 PHYSICAL ADDRESS' 440 BAYVIEW DR ACCOUNT k: 111 InailiNIPIIMINI SIONATURB OP APPLICANT —/ ° - o DA rB O FFICIAL USK ONLY Haw Filing Approved PI 2004 Denied KODIAK ISLAND BOROUGH ASSESSING DEPARTMENT 710 Mill Bay Road a Kodiak Alaska 99615 Phone (907) 486 -9353 * Fax (907) 486 - 9395 E -nUfl: a py kihco.kadia ak 2005 SENIOR CITIZEN PROPERTY TAX EXEMPTION APPLICATION FAILURE TO COMPLETE THIS FORM IN FULL MAY RESULT IN DENIAL OF EXEMPTION DID ANY OTHER PARTIES RESIDE ON THE PROPERTY IN 20047 DID YOU RECEIVE A PERMANENT FUND DIVIDEND FOR 2004? HOW MANY DAYS DURING 2004 WERE YOU AWAY FROM THIS RESIDENCE? DATE OF BIRTH: /— / -5' — 3g SSNN: SIONA CGFWI 9:S -J) -- f)S - wf1N18S (rye, STAIR, ZIP TELEPHONE: SPOUSE'S DATE OF BIRTH; TCA: 5 SCHOOL DISC: KISD 1 HERESY APPLY FOR THE SENIOR CITIZEN PROPERTY TAX E103M1MON AS PROVIDED FOR IN AS 29.45.03O(E), FOR THE 2005 ASSESSMENT MAIL J CERTIFY HY SIONNO BELOW THAT THE INFORMATION ON THIS APPJICATION IS TRUE AND CORRECT. 1 ALSO CERTIFY THAT THE ABOVE PROPERTY IS MY PRINCIPAL RESIDENCE, THAT 1 RESH]ED ON THE PROPERTY MORE THAN 1S0 DAYS IN 2004, AND THAT OTHER THAN AS NOTED 1 HAVE NOT HAD ANY COMMERCIAL OR RENTAL USE OF THE PROPERTY DURING 2004. 1 FURTHER CERTIFY THAT I AM AWARE THAT A FALSE STATEMENT IS PUNISHABLE ET FINE OR IMPRISONMENT AS PROVIDED FOX IN AS IJJ6310 AND DEMAL OF AN.R,ICEP4PPIONFEOMPROP6RTY TAXES. ARE YOU THE OWNER OF THE LAND AND IMPROVEMENTS LISTED ABOVE? YES ✓ NO PERCENTAGE OF THE PROPERTY USED FOR COMMERCIAIIRENCAL PURPOSES 0.4 2004. YES_ NO G! YES 7 / NO !")/f/[_ Crip,„/ .G L iA iZ WFTNIi55 NAP( - PRIN]SD y (1_jnx 91/y� W 7'lISlT v7isr /�f k 9 6-79-m -83/C (9 9.3 `f- ezaY1v Please return tp the Kodiak Island 13prough Aascs ing Dfpa lniont in thy oncloYod return envelope before the riling deadline of January 13, 2005. If you have any queettena, ploaao contact O ur offioo At 48o -9353. SENT BY: CITY OF PORT LIONS; 1, 1 aiti Tax Exemption for the following reason: D ATE 5074542420; FEB -10 -05 11:48AM; PAGE 516 KODIAK ISLAND D BOROUGH 2004 SENIOR CITIZEN PROPERTY TAX EXEMPTION LATE FrLE AFFIDAVIT am applying Inc for my 2004 Senior Citizen'* 4 .1 ...r 1 4 / a Imo, iS� Meeting of May 19, 2005 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D:2 Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. AS 29.45.030(f) allows the Assembly to waive the claimant's failure to make timely application for exemption and allows the Assessor to reimburse Mr. Walter Sargent Jr. for tax year 2004. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to waive the Claimant's Failure to Make Timel Application for Exemption and Authorizing the Assessor to Accept the :: • ication as if Timely Filed. 721 MUNICIPAL TAXATION determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 — 44.62.570. (0 To be eligible for an exemption under (e) of this section for a year, a municipality may by ordinance require that an individual also meet requirements under one of the following paragraphs: (1) the individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that same year or for the immediately preceding year; or (2) if the individual has not applied or does not apply for one or both of the permanent fund dividends, the individual would have been eligible for one of the permanent fund dividends identified in (1) of this subsection had the individual applied. An exemption may not be granted under (e) of this section except upon written application for the exemption. Each municipality shall, by ordinance, establish procedures and deadlines for filing the application. The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed. If an application is filed within the required time and is approved by the assessor, the assessor shall allow an exemption in accordance with the provisions of (e) of this section. If the application for exemption is approved after taxes have been paid, the amount of tax that the claimant has already paid for the property exempted shall be refunded to the claimant. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an exemption claimed under (e) of this section, and shall require a disabled veteran claiming an exemption under (e) of this section to provide evidence of the disability rating. The assessor may require proof under this subsection at any time. (g) The state shall reimburse a borough or city, as appropriate, for the real property tax revenues lost to it by the operation of (e) of this section. However, reimbursement may be ,niade to a municipality for revenue lost to it only to the extent that the loss exceeds an exemption that was granted by the municipality, or that on proper application by an individual would have been granted under AS 29.45.050(a). If appropriations are not sufficient to fully fund reimbursements under this subsection, the amount available shall be distributed pro rata among eligible municipalities. (h) Except as provided in (g) of this section, nothing in (e) — (j) of this section affects similar exemptions from property taxes granted by a municipality on September 10, 1972, or prevents a municipality from granting similar exemptions by ordinance as provided in AS 29.45.050. (i) In (e) — (i) of this section, (1) "disabled veteran" means a disabled person (A) separated from the military service of the United States under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 percent or more by the branch of service in which that person served or by the United States Department of Veterans Affairs; or (B) who served in the Alaska Territorial Guard, who is a resident of the state, whose disability was incurred or aggravated in the line of duty while serving in the Alaska Territorial Guard, and whose disability has been rated as 50 percent or more; (2) "real property" includes but is not limited to mobile homes, whether classified as real or personal property for municipal tax purposes. (j) One motor vehicle per household owned by a resident 65 years of age or older on January 1 of the assessment year is exempt either from taxation on its assessed value or from the registration tax under AS 28.10.431. An exemption may be granted under this subsection only upon written application on a form prescribed by the Department of Administration. (k) The department shall adopt regulations to implement the provisions of (g) and (j) of this section. TO: Nancy Galstad, Borough Manager FROM: Debra Rippey, Appraiser Technician DATE: April 28, 2005 SUBJECT: Late File Senior Citizen Walter Sargent, Jr. has submitted the attached Senior Citizen property tax exemption application for tax year 2004. He is applying for this senior exemption as a late file Senior Citizen. As stated in his late file affidavit, Walter misplaced his 2004 application and subsequently the Assessing Dept. did not receive his application for tax year 2004. Walter initially applied for and was granted a senior exemption in 2003 and would have been eligible for the exemption in 2004. Please review this application for approval of a tax year 2004 late file exemption and refund for taxes paid. Thank you. KODIAKISLAND BOROUGH Assessing Department MEMORANDUM WALTER SARGENT JR 1830 MISSION RD KODIAK, AK 99615 ACCOUNT #: R7315010020 LEGAL ADDRESS: USS 3066AB BK 1 LT 2A PHYSICAL ADDRESS: 1830 MISSION RD SIGNATURE OF APPLICANT 1 - J UA104 DATE OFFICIAL USE ONLY New Filing Approved PFD 2003 Denied KODIAK ISLAND BOROUGH ASSESSING DEPARTMENT 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486 -9353 • Fax (907) 486 -9395 E -mail: drippev@kib.co.kodiak.ak.us 2004 SENIOR CITIZEN PROPERTY TAX EXEMPTION APPLICATION FAILURE TO COMPLET RESULT IN DENIAL OF EXEMPTION SPOUSE: LINDA SPOUSE'S DATE OF BIRTH: DID YOU RECEIVE A PERMANENT FUND DIVIDEND FOR 2003? I HEREBY APPLY FOR THE SENIOR CITIZEN PROPERTY TAX EXEMPTION AS PROVIDED FOR IN AS 29.45.030(E), FOR THE 2004 ASSESSMENT YEAR. I CERTIFY BY SIGNING BELOW THAT THE INFORMATION ON THIS APPLICATION IS TRUE AND CORRECT. I ALSO CERTIFY THAT THE ABOVE PROPERTY IS MY PRINCIPAL RESIDENCE, THAT I RESIDED ON THE PROPERTY MORE THAN 180 DAYS IN 2003, AND THAT OTHER THAN AS NOTED I HAVE NOT HAD ANY COMMERCIAL OR RENTAL USE OF THE PROPERTY DURING 2003. I FURTHER CERTIFY THAT I AM AWARE THAT A FALSE STATEMENT IS PUNISHABLE BY FINE OR IMPRISONMENT AS PROVIDED FOR IN AS 11.56.210 AND DENIAL OF AN EXEMPTION FROM PROPERTY TAXES. TCA: 7 SCHOOL DIST: NORD ARE YOU THE OWNER OF THE LAND AND IMPROVEMENTS LISTED ABOVE? YES'/ NO PERCENTAGE OF THE PROPERTY USED FOR COMMERCIAL /RENTAL PURPOSES IN 2003. 0 DID ANY OTHER PARTIES RESIDE ON THE PROPERTY IN 2003? YES NO YES ✓ NO 4 HOW MANY DAYS DURING 2003 WERE YOU AWAY FROM THIS RESIDENCE? SIGNATURE OF WITNESS is /1 e/cv DATE OF BIRTH: j' Z z 13 SSN #: 57:LI TELEPHONE: 9'6) 4 c. ski 148 DATE 1 1 atnn 1 �/J n -..t 1- //l/±J/t ti �j7 K(s�n�/ WITNESS NAME - PRINTED 830 rnisvMN WITNESS ADDRESS Kozi'k ,9K • 9F,i, _ WITNESS CITY, STATE, ZIP Please return to the Kodiak Island Borough Assessing Department in the enclosed return envelope before the filing deadline of January 15, 2004. If you have any questions, please contact our office at 486 -9353. I, Tax Exemption for the following reason: DATE SIGNATURE KODIAK ISLAND BOROUGH 2004 SENIOR CITIZEN PROPERTY TAX EXEMPTION LATE FILE AFFIDAVIT r_ w am applying late for my 2004 Senior Citizen's Kodiak Island Borough Assessing Department Date: April 28, 2005 Abatement: X Name: Walter Sargent 1830 Mission Road Kodiak, AK 99615 Legal: USS 3066AB BK 1 LT 2A Adjustment Request Account: R7315010020 Adjustment No: 2005 -26R Explanation of Change: Late file Senior Citizen. Property owner should be exempted 100 %. For tax year 2004, please abate and refund for the maximum exemption of $150,000 and re -bill for the balance of the assessed value. Valuation Assessed Value: 2004 $ 221,600 Add: Subtract: 2004 $ 150,000 Corrected Value: 2004 $ 71,600 Refund: X Re -bill: Prepared by: Debra Rippey Date: 4/28/2005 Approved by: Date: Total Tax P.O. Box 2310 3484B E. Rezanof Drive odiak, AK 99615 Mayor and Assembly Kodiak Island Borough 710 Upper Mill Bay Kodiak, Ak. 99615 May 16, 2005 Dear Mayor and Assembly Members: It is with great regret that I must hereby resign from the Borough Assembly for personal and health reasons effective May 20 This has been a difficult decision but one that I had to make. It is important for us all to do what we can for our community and I admire you all for your diverse skills and insight that you bring to the table, but mostly for your dedication of time and hard work that being an Assembly Member requires. I will continue to do what I can to stay involved with important issues and help where I can. Respectfully ''AA ,Q / 1� id&. VIMAJYV"� -- Michael W. Anderson p� E6Eoe1En IJ u MAY 1 7 2005 U BOROUGH CLERK'S OFFICE GENERAL CONTRACTOR EXCAVATING • ROADS • ROCK • UNDERGROUND UTILITIES PH (907) 486 -5551 FAX (907) 486 -5501 m.anderson @ak.net CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30p.m. by CHAIR FRIEND on November 17, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Cheryl Boehland Casey Janz David King Dennis McMurry Reed Oswalt A quorum was established. Commissioners not aresent Gary Carver COMMISSIONER OSWALT MOVED TO EXCUSE Comm ' er arver. 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. IV. MINUTES OF PREVIOUS MEETING 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 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 17, 2004 MINUTES Others Present Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. Page 1 of 8 The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the minutes of the October 20, 2004 Planning & Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case SO4 -018. Request for preliminary plat review, in accordance with KIBC 16.40, of the subdivision of Tract L, Russian Creek Alaska Subdivision, creating Lots 1 through 8, Russian Creek Alaska Subdivision. STAFF handed out additional materials for the Commission to review during his report. Staff reported that nineteen (19) public hearing notices were distributed for this -case with none (0) being returned prior to the meeting. Staff recdn>*pended approval of this request. COMMISSIONER OSWALT MOVED TO grant preliminary approval to Case SO4 =018, subdividing Tract L, Russian Creek Alaska Subdivision and creating Lots 1, 2 and 3, Russian Creek Alaska Subdivision, subject to conditions of approval an to adopt the findings in this staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The two dwellings on Tract L (described as a "house" and "cabin ") must be brought into compliance with KIB and ADEC requirements for septic installation and potable water prior to final plat approval. These two dwellings must also be brought into compliance with zoning and building codes prior to final plat approval. 2. Obtain a wetlands determination from the U.S. Army Corps of Engineers in he develop po te n ti a l o f the p ro p osed lots and to order to determine . the development potential ... .••.. I ,.., t ,.,.... -. lots •-- -- -- determine the location and size of permissible septic system development areas on each lot proposed in the subdivision. 3. Engineering.and soils testing, by an engineer registered to practice in the State of Alaska, Ts required for Lots 1, 2 and 3 prior to final plat approval documenting that this subdivision design can meet ADEC requirements for P & Z Minutes: November 17, 2004 Page 2 of 8 onsite well and septic systems that may adequately support commercial or multifamily residential uses. 4. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 5. Provide an appropriate name for the subdivision that does not duplicate an existing subdivision name. 6. Indicate on the final plat that the flagstem is a utility easement. 7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which prohibits future subdivision of the flag lot unless the subdivision design conforms to KIBC 16.40.050.B.3.a.ii, or a dedicated right -of -way is provided in accordance with the applicable borough codes. FINDINGS OF FACT P & Z Minutes: November 17, 2004 I. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat can meet the minimum requirements of Title 17 of the Borough Code. 3. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 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. B) Case 04-011. Request for a variance, in accordance with KIBC 17.66.020, on Lot 9B Russian Creek Alaska Subdivision to allow a 5.5 -foot encroachment into the 25 -foot front yard setback for the purpose of a 13.5 -foot by 16 -foot addition to the front of the pre- existing single - family dwelling. Page 3 of 8 STAFF indicated twenty -one (21) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended denial of this request. COMMISSIONER BOEHLAND MOVED TO grant a variance from KIBC 17.17.050.A.1, in accordance with KIBC 17.66 (Variances), to permit a 13.5 by 16 foot addition to a single- family dwelling to encroach no more than 5.5 feet into the required 25 foot front yard setback on Lot 9B, Russian Creek Alaska Subdivision. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are no physical circumstances applicable to the property which does not apply generally to other lots in the RR1 -Rural Residential One zoning district. Staff's investigation indicates that Lot 9B, Russian Creek Alaska Subdivision is in many ways superior to other lots in the vicinity in terms of size, shape, topography and soils conditions. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the 25 -foot minimum front yard setback requirement would not result in practical difficulties because the lot has adequate room to sustain an 8 by 16 foot addition in the same location. In addition, the lot offers other conforming alternative areas, which could permit significant additions to the single - family dwelling without encroaching into the required yard setbacks of the RR1 -Rural Residential One zoning district. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a 13.5 by 16 foot addition to encroach 5.5 feet into the required 25 -foot front yard setback would not be detrimental to the public's health, safety and welfare, provided that the structure can pass the required building inspections that would normally be required during construction. Granting the variance could prejudice other properties in the RR1 -Rural Residential zoning district if the variance is granted in the absence of compelling circumstances as referenced in finding #1 above. P & Z Minutes: November 17, 2004 Page 4 of 8 P & Z Minutes: November 17, 2004 17.66.050 A.4.The a an in of the Com rehensive Plan. of the variance will not be contr . to the ob'ectives The Comprehensive Plan is a general policy guide, which does not address site - specific standards such as setbacks. 17.66.050 A.5.That actions of the applicant did not cause s financial hardshi. from which relief is bein sou b the ecial conditions or vanance. In this case, the actions of 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 KID 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 •rantin• of the variance will not .ermit a . rohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the RR1- Rural Residential One zoning district. The motion was SECONDED by COMMISSIONER MCMURRy. Regular session closed. Public hearing opened: Dennis Cox anolican t: Spoke in support of his request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, four yeas to two nays by roll call vote. Commissioners Boehland and Friend were the nays. 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. Page 5 of 8 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. VIII. OLD BUSINESS 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 e) ..Tpn, 4. cgemhly R ngter B) US Army Engineer Fall 2004 Fact Sheet — Kodiak Update. C) Letter dated November 2, 2004 to Todd and Cecile Hiner from Michelle R. Steams regarding notice of denial. P & Z Minutes: November 17, 2004 Page 6 of 8 D) Meeting Minutes from meeting #2 of the Kodiak Municipal Airports System Plan Technical Advisory Committee. E) Letter dated November 8, 2004 to Pamela Hummell from Martin Lydick regarding letter of courtesy and advisory. There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item E of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XL REPORTS A) Meeting schedule: • December 8, 2004 work session at 7:30 p.m. in the KIB Conference room. • December 15, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. B) The Commissioner decided to meet December 1, 2004 at 7:OOpm to discuss Mobile Home Parks. C) Commissioner McMurry reported on the Municipal Airport meeting. There were no further reports. COMMISSIONER JANZ MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Ed Gondeck: Spoke regarding Appeal 04 -009 and thanked the Commission for its time. XIII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT: Congratulated Commissioner McMurry on his election to the Kodiak City Council. COMMISSIONER FRIEND: Congratulated Commissioner McMurry on his election to the Kodiak City Council. Spoke regarding the benefits of the being on both the City Council and Planning & Zoning Commission. COMMISSIONER MCMURRy: Thanked everyone. P & Z Minutes: November 17, 2004 Page 7 of 8 IX. ADJOURNMENT ATTEST By: CHAIR FRIEND ADJOURNED the regular meeting at 8:21 p.m. AI Ji L Ate P .a,es Erin Whipple, Secretary Community Development Department DATE APPROVED: December 15, 2004. PLANNING AND ZO ∎ G ■ 2MMISSION ite4fgeid iz :ma _ Jerre rriend, Chair KODIAK ISLAND BOROUGH By: P & Z Minutes: November 17, 2004 Page 8 of 8 I. CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 15, 2004 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on December 15, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Cheryl Boehland Casey Janz David King Dennis McMurry Reed Oswalt Others Present Duane Dvorak, Acting Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was established. Commissioners not present Gary Carver COMMISSIONER JANZ MOVED TO EXCUSE Commissioner Carver. COMMISSIONER MCMURRy SECONDED the motion. The motion CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of the November 17, 2005 Planning and Zoning Commission regular meeting as submitted. The P & Z Minutes: December 15, 2004 Page 1 of 10 motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote: V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 04 -013. Request for a similar use determination, in accordance with KIBC 17.03.090.A, and a conditional use permit, in accordance with KIBC 17.67.020.B, to allow a soil remediation facility on Lot 6, Seaview Subdivision. STAFF reported five public hearing notices were distributed for this case with two (2) being returned expressing concerns. Staff clarified that there were two requests, a similar use determination and a conditional use permit. Staff recommended approval of both requests but recommended removal of condition number three for the conditional use permit since no fill was intended for use in this plan. IONER ICING MOVED TO grant a similar use determination ce with KIBC 17.03.090, to permit a soil remediation facility eaview Subdivision, as a use similar in terms of character and he conditional use specified in KIBC 17.24.020.F for petroleum gan#able liquid production, refining or storage, subject to any condit onp determined to be appropriate through the conditional use process provided by KIBC 17.67 Conditional Use Permits, and to adopt the findings in the staff report dated December 8, 2004 in support of this determination. FINDINGS 1. The proposed soil remediation use is similar in terms of the character and impact to a "petroleum production, refining or storage" use as provided in KIBC 17.24.020.F, because both processes are used to convert petroleum products from one form into another through the application of high temperatures, both uses involve the storage of petroleum products onsite, both uses have similar emissions and both uses are generally subject to ADEC regulations subject to certain variations based upon the scale of the use. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public Hearing opened: P & Z Minutes: December 15, 2004 Page 2 of 10 R esident: Expressed concerns over this request. Kevin Arndt A licant's A ent: Spoke in favor of the request and presented himself for questions. COMMISSIONER MCMURRy MOVED TO POSTPONE this case until the January 19, 2005 regular meeting and requested that the Coast Guard be notified of this request. COMMISSIONER JANZ SECONDED the motion. The question was called and carried by unanimous roll call vote. B) Case 04 -014. Request for a variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, KIBC 17 .18.040.B) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4 -008. STAFF indicated one hundred fifteen (115) public hearing notices were distributed for this case with one (1) being returned in favor of the request. Staff believed that the request did not all of the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code and recommended denial. COMMISSIONER OSWALT MOVED TO grant a variance from KIBC 17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non - specific dimensional variance for proposed Lots 5B and proposed lot 16A -1, Block 2 Leite Addition, as depicted on the preliminary plat for the vacation of Lots 5A -I & 16 -A approved May 19` 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22 " 2004, as Findings of Fact for Case 04 -014. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Jerimiah Mverant: Provided the history of this lot leading to the variance request. Nancy Wells Womens Ba Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: December 15, 2004 Page 3 of 10 The question was called, and the motion CARRIED five yeas to one nay by roll call vote. Commissioner Boehland was the nay. Staff pointed out that the Commission needed to modify the original findings of fact to support their decision. COMMISSIONER KING MOVED TO ADOPT findings of fact in the staff report dated November 22, 2004 as amended. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The subject property is located in an older area of the community that was originally subdivided under standards that are no longer consistent with current subdivision and zoning standards. While the proposed lots do not comply with the lot width requirements of the R1- Single - family Residential zoning district, the lots are approximately 9,500 square feet in area, which is substantially larger than the existing 7,200 square foot minimum lot area. This lot area compensates for the unusual lot shapes that will result from the subdivision granted preliminary approval under Subdivision Case SO4 -008. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The property owner is attempting to settle a domestic settlement order through the subdivision of this property. The inability to subdivide this property will result in practical difficulties for the petitioner. In addition, the variance will avoid unnecessary hardships because the lots are both approximately 9,500 square feet in area which is adequate to support single - family residential development because the lots are substantially larger than the minimum 7,200 square foot requirement for lots in the R1-Single- _ Iamlly Residential zoning district. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a substandard lot width would not be detrimental to the public's health, safety and welfare, provided P Rc Z Minutes: December 15, 2004 Page 4 of 10 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 R -1 Single Family Residential Zoning District. COMMISSIONER MCMURRY SECONDED the motion. The question was called and the motion carried by unanimous roll call vote. C) Case SO4 -020. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 2A -1A -1, portion of Lot 3 and Lot 8A -1, Block 5, Miller Point Alaska Subdivision, creating Lot 3A, Block 3A, Miller Point Alaska Subdivision. P & Z Minutes: December 15, 2004 that the structure can pass the required building inspections that would normally be required during construction. 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 lot configuration. 17.66.050 A.5.Those actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. The actions of the applicant have not caused special conditions or financial hardship or inconvenience from which relief is being sought by variance. While the petitioner has precipitated a situation requiring variance review by offering to subdivide the property in a non - complying manner, as opposed to other options available, such as selling the property and dividing the proceeds to satisfy the domestic settlement order. Nevertheless, the conditions of the subdivision preliminary approval actually preclude the petitioner from creating the special conditions from which relief is sought by variance. The Commission will decide the merits of the variance before the conditions sought by the variance will be allowed to go forward to the conclusion of the re- platting process initiated under Subdivision Case SO4 -008. STAFF indicated fifty (50) public hearing notices were distributed for this case with one (1) being returned supporting the request and two returned expressing concern. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant preliminary approval to the replat of Lot 2A -1A -1, Lot 3 and Lot 8A -1, Block 5, Miller Point Alaska Subdivision Page 5 of 10 creating Lot 3A, Block 5, Miller Point Alaska Subdivision, subject to the conditions of approval contained in the staff report dated December 8, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat restricting vehicular access to East Rezanof Drive. 2. Place a note on the final plat indicating that this is a reversion to acreage. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Scott Amdt, Applicant's Agent: Asked that condition of approval # 1 be removed. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER MCMURRY MOVED TO AMEND the main motion to remove condition of approval # 1. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED by unanimous roll call vote. D) Case 04 -016. Request for a rezone per KIBC 17.72, of Lot 8A -1, Block 5, Miller Point Subdivision, from R2- Two - family Residential to PL- Public Use Land. P & Z Minutes: December 15, 2004 Page 6 of 10 STAFF indicated fifty (50) public hearing notices were mailed for this case with one (1) returned in favor and one (1) returned expressing concerns. COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island Borough Assembly approve a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lot 8A -1, Block 5, Miller Point Alaska Subdivision, from R2 -- Two - family Residential to PL-- Public Use Land; subject to one (1) condition of approval; and to adopt the findings contained in the staff report dated December 8, 2004, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The rezone of Lot 8A -1 will become effective upon the recordation of a plat consolidating Lot 8A -1 with adjoining Lots 3 and 2A -1A -1, per related Case SO4 -020. FINDINGS OF FACT P & Z Minutes: December 15, 2004 1. Findings as to the Need and Justification for a change or Amendment. The rezone of Lot 8A -1, Block 5, Miller Point Alaska Subdivision from R2 -- Two - family Residential to PL-- Public Use Land is necessary and justified because the PL-- Public Use Land zoning district permits development that: A. is intended for government owned land; B. is necessary to facilitate the provision of government services; C. will create a temporary nonconforming land use, however that will be rectified once a new zoning compliance permit is issued for the site. D. is consistent with the fire station development existing on adjoining Lots 3 and 2A -1A -1. E. will not significantly impact the traffic volume or patterns of the area. 2. Findings as to the Effect a Change or Amendment would have _ Objectives of the Comprehensive Plan. Amendment would avc on the The 1968 comprehensive plan identifies this area for Medium Density Residential. The comprehensive plan is not relevant to this request, Page 7 of 10 however, due to the unique nature of the PL-- Public Use Land zoning district. The PL-- Public Use Land zoning district is intended for land that is owned by local, state and federal governments. This zone is intended to support the provision of government services and therefore can be appropriate near residential and nonresidential zoning districts. The motion was SECONDED by COMMISSIONER MCMURRY. COMMISSIONER OSWALT MOVED TO AMEND the motion to change the wording of "condition of approval" to "effective clause ". COMMISSIONER KING SECONDED the motion. The question was called on the amendment and carried by unanimous roll call vote. Regular session closed. Public hearing opened: Scott Arndt, Applicant's Agent: Spoke in support of the request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called on the amended main motion and CARRIED by unanimous roll call vote. VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated November 22, 2004 to Mr. & Mrs. Glenn Mathes from Martin Lydick, Associate Planner, regarding P &Z Appeal Case No. 04 -009. B) Letter dated November 24, 2004 to Ms. Logan Crane from Martin Lydick, Associate Planner, regarding Island Vista Subdivision, Block 3, Lot 3. P & Z Minutes: December 15, 2004 Page 8 of 10 There were no further communications. COMMISSIONER MCMURRY 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. XI. REPORTS A) Staff reported that the Commission had received an invitation to meet with the Assembly at their December 30 worksession. Staff requested confirmation from the Commissioners on their attendance. B) STAFF reported the following meeting schedule: Meeting schedule: • January 12, 2005 special work session to discuss Coastal Zone Management Plan update, 6.30pm in the KIB Conference room. • January 12, 2005 packet review at 7:30 p.m. in the KIB Conference room. • January 19, 2005 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Scott Arndt: Thanked the Commissioners. Rob Lindsey: Thanked the Commissioners for their time and wished them a Merry Christmas. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Stated that she had enjoyed her most recent term on the Commission. COMMISSIONER KING: Wished everyone a Merry Christmas. COMMISSIONER JANZ: Stated she was glad to have had the opportunity to work with Cheryl. Wished everyone a Merry Christmas and Happy New Year. P & Z Minutes: December 15, 2004 Page 9 of 10 COMMISSIONER OSWALT: Wished everyone happy holidays. COMMISSIONER FRIEND: Thanked Cheryl for her time and wished everyone a Merry Christmas. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:15 p.m. ATTEST COMMISSIONER MCMURRY: Wished everyone a Merry Christmas and a Happy New Year. Erin Whipple, Secretary Community Development Department DATE APPROVED: January 19, 2005. KODIAK ISLAND BOROUGH PLANNING AND ZONING C ISSION I� By: A .A l d / Jerrol Win., Chair In LAD P & Z Minutes: December 15, 2004 Page 10 of 10 I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7: 0 p.m. by CHAIR FRIEND on January 19, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jenol Friend — Chair Gary Carver Casey Janz David King Reed Oswalt Commissioners Absent: Dennis McMurry One vacant seat A quorum was established. COMMISSIONER KING MOVED TO EXCUSE Commissioner McMurry. COMMISSIONER OSWALT SECONDED the motion. The question was called and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMrVIISSJONTR OSWALT MOVED TO APPROVE the minutes of the December 15, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous voice vote. P & Z Minutes: January 19, 2005 KODIAK ISLAND BOROUGH REGULAR MEETING JANUARY 19, 200 MINUTES Others Present Martin Lydick, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. Page 1 of 13 AUDIHNCEeOM-MENTS -ANB UESTS Dawn Erdman Black: Read a letter into record regarding mobile home park code. VII. PUBLIC HEARINGS A) Case 04 -013. Request for a similar use determination, in accordance with KIBC 17.03.090.A, and a conditional use permit, in accordance with KIBC 17.67.020.B, to allow a soil remediation facility on Lot 6, Seaview Subdivision. STAFF reported six (6) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of the similar use determination and the conditional use permit. SIMILAR USE DETERMINATION A motion remained on the floor from the December 15, 2004 regular meeting. It was as follows: COMMISSIONER KING MOVED TO grant a similar use determination in accordance with KIBC 17.03.090, to permit a soil remediation facility on Lot 6, Seaview Subdivision, as a use similar in terms of character and impact to the conditional use specified in KIBC 17.24.020.F for petroleum or flammable liquid production, refining or storage, subject to any conditions determined to be appropriate through the conditional use process provided by KIBC 17.67 Conditional Use Permits, and to adopt the findings in the staff report dated December 8, 2004 in support of this determination. FINDINGS 1. The proposed soil remediation use is similar in terms of the character and impact to a "petroleum production, refining or storage" use as provided in KIBC 17.24.020.F, because both processes are used to convert petroleum products from one form into another through the application of high temperatures, both uses involve the storage of petroleum products onsite, both uses have similar emissions and both subject certain uses are generally subject to ADEC regulations Su�jcm to Gc variations based upon the scale of the use. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: P & Z Minutes: January 19, 2005 Kevin Arndt, Applicant's Agent: Presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONAL USE PERMIT COMMISSIONER JANZ MOVED TO approve a conditional use permit in accordance with KIBC 17.67, to permit a soil remediation use to be established on Lot 6, Seaview Subdivision which is located in the I- Industrial zoning district, subject to the conditions of approval contained in the staff report dated December 8, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by 18.AAC.78.273 and 18.AAC.75.365 detailing an engineered facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. Prior to operations of this facility, the applicant must contact ADNR to determine whether a coastal consistency determination is required and satisfy applicable Alaska Coastal Management (ACMP) review requirements if it is determined that a consistency review is necessary. 3.. An engineered fill plan must be submitted for approval prior to utilization of any remediated soil for fill on the site. To ensure protection of nearby tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5. This CUP is valid until December 3i 2007, unless renewed prior to that by the Commission at public hearing. Any expansion or enlargement in scope of the operation beyond what has been specifically described in the CUP Page 3 of 13 lication narrative dated S OS 1 11 - 11 . ■... - 1 a temb approved by the Commission at public hearing. 6. The contaminated soil storage on the site shall not exceed a total of 1,000 tons, from all sources, as indicated in the narrative submittal dated September 30, 2004. 7. When the soil remediation facility is operating, a quarterly report of volume of contaminated soil remediated and the associated test results to ADEC will be submitted to the CDD for inclusion into the file for this case. 8. Should the soil remediation facility be removed from the Lot 6, Seaview Subdivision for any reason the site will be cleaned up consistent with the ADEC Operations Plan within 60 days of demobilizing the equipment. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood and with good traffic access. State statues exercise strict control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 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 accompanying narrative description of the use, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of KIBC 17.67 (Conditional Use Permit) and KIBC 17.24 (Industrial Zone) of Borough Code. Parking and vehicular circulation requirements are satisfied, and good access and visibility exists for truck ingress and egress to and from the hi ohwn 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with a determination that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide a measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by P & Z Minutes: January 19, 2005 Page 4 of 13 P & Z Minutes: January 19, 2005 ADEC is an engineered Surface Water Management Plan and a quality assurance plan to guarantee only petroleum - contaminated soils containing no toxic waste are brought to the sitc for rcmcdiation. 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 Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other non - industrial uses adjacent to the treatment cell operations. In addition, the site will be setup approximately 100 feet back from the public road and at a different elevation than the road. COMMISSIONER JANZ SECONDED the motion. Regular session closed. Public hearing opened: Kevin Arndt, Applicant's Agent: Presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER OSWALT MOVED TO AMEND the motion by changing conditional of approval number five to allow the time frame of the Conditional Use Permit to run concurrent with the approval from the Alaska Department of Environmental Conservation. The question was called on the amendment and CARRIED by unanimous roll call vote. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case SO4 -025. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Selief Estates, Block 2, Lot 2 creating Selief Estates, Block 2, Lot 21A and Lots 22,23 and 24. STAFF indicated forty -six (46) public hearing notices were distributed for this case with none being returned staff recommended approval _f.,_ _ --------- .- ••.- ......ppro�a, �. the request. COMMISSIONER OSWALT MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the subdivision of Selief Estates, Block 2, Lot 2 Page 5 of 13 creating Selief Estates, Block 2, Lot 21A and Lots 22 -24, subject to the conditions of approval contained in the staff report for Subdivision Case SO4 -025, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create a five (5) foot utility easement extending along the northern lot lines of proposed Lots 22 and 24, and incorporate this utility easement into the triangular utility easement now shown on the northern lot line of proposed Lot 23. 2. Include a "plat note" on the subdivision restricting driveway construction to proposed Lot 22 to the forty (40) most southwestern feet of the Beaver Lake Drive frontage. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER JANZ. 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. C) Case 04 -015. Request for a conditional use permit, in accordance with KIBC 17.67, allowing a gravel quarry located within sections 14, 15, & 22 township 30 south range 20 west seward meridan. STAFF indicated ten (10) public hearing notices were distributed for this case with none being retumed. Staff recommended approval of the request. COMMISSIONER OSWALT MOVED TO POSTPONE this request until further information was received from Bill Muzika with Quality Asphalt. P & 7 Minutes: January 19. 2005 Page 6 of 13 The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER CARVER MOVED TO AMEND the motion to postpone this to the February 16, 2005 regular meeting. COMMISSIONER JANZ SECONDED the amendment The question was called on the amendment CARRIED by unanimous roll call vote. The question was called on the amended main motion and CARRIED by unanimous roll call vote. D) Case SO4 -023. Request for preliminary approval, in accordance with KIBC 16.60, of a vacation of portions of an un- constructed cul -de -sac at the end of Stellar Way "Alley" Right -of -Way (and other related access easements); and, preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 1A, Biock 30 and Lot 9, Block 31, East Addition, creating Lot 1B, Block 30 and Lot 9B, Block 31, East Addition. STAFF indicated fifty -one (51) public hearing notices were mailed for this case with one (1) being retumed prior to the meeting stating no objection. Staff recommended approval of both the right -of -way vacation and the subdivision portion of this request. VACATION COMMISSIONER JANZ MOVED TO grant preliminary approval of the vacation of portions of the Stellar Way cul -de -sac which will provide 925.1 square feet to proposed Lot 1B, Biock 30, East Addition and provide 343.7 square feet to proposed Lot 9B, Block 31, East Addition; and the vacation of a portion of a 10 foot wide "strip of land" easement which will add 509.8 square feet to proposed Lot 1B, Block 30, East Addition, subject to one condition of approval and to adopt the findings in the staff report dated January 11, 2005 as findings of fact in this case. P & Z Minutes: January 19, 2005 Page 7 of 13 CONDITIONS PR 1. The vacation must be forwarded to the City Council for review prior to final plat approval. 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. SUBDIVISION COMMISIONER JANZ MOVED TO grant preliminary approval of the replat of Lot 1A, Block 30 and Lot 9, Block 31, East Addition as indicated on the preliminary plat dated November 8, 2004, creating Lots 1B, Block 30 and 9B, Block 31, East Addition, and to adopt the findings in the staff report dated January 11, 2005 as findings of fact in this case. FINDINGS OF FACT (applicable to both motions) 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.40.040, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.40.050, generally. 3. This request provides a vacation of a utility easement that is consistent with adopted plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. COMMISSIONER KING SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. P Rt.. 7 Minutes: January 19. 2005 Pnve R of 11 Case SO4 -024. Request for preliminary approval, in accordance with KIBC Block 19, Kodiak Townsite, creating La Follette Estate. STAFF indicated that nine (9) public hearing notices were distributed for this case with none returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO grant preliminary approval of the replat of U.S. Survey 3495 and the replat of Lots 48, 49 and 50, Block 19, Kodiak Townsite, creating La Follette Estate, and to adopt the finding in the staff report dated January 12, 2005 as findings of fact for this case. FINDINGS OF FACTS 1. This request for replat meets the minimum Borough Code 16.40.040, generally. 2. This request for replat meets the minimum Kodiak Island Borough Code 16.40.050, g 3. This request for replat meets the minimum Borough Code Title 17, generally. The motion was SECONDED by COMMISSIONER OSWALT. data required per Kodiak Island design requirements per enerally. requirements of Kodiak Island 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. F) Case 04 -017. Request for a variance, per KIBC17.66.010, from the requirements of KI3C17.24.040 — Yards, paragraphs A, B, & C, to permit the existing building to encroach 10.5 feet into the 30 foot front yard setback, 13.4 feet into the north side -yard setback, 18.3 into the east rear -yard setback, 16.9 feet into the south side -yard setback, and 1.2 into west side -yard setback. STAFF indicated nine (9) public hearing notices were distributed for this request with none being returned prior to the meeting. P & Z Minutes: January 19, 2005 Page 9 of 13 COMMISSIONER OSWALT MOVED '10 grant variances from the requirements of KIBC 17.24.040, in accordance with KIBC 17.66, to allow the existing building to encroach 10.5 feet into the 30 foot front yard setback, 13.4 feet into the north side -yard setback, 18.3 into the east rear -yard setback, 16.9 feet into the south side -yard setback, and 1.2 into west side -yard setback; and to adopt the findings in the staff for Variance Case No. 04 -017, as "Findings of Fact" for this case. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The parcel subject to this request is a remainder parcel negatively impacted by topography and location. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning district standards would result in uneconomically developable area of approximately one hundred thirty seven (137) square feet. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. No material damage to the abutting lot will result from a grant of setback variance(s) to this property. Redevelopment of this property will require any construction to be undertaken in accordance with current Building Codes and Fire Marshall review. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The 1968 Comprehensive Plan identifies this area as Industrial. The intended use (post redevelopment) is in support of water - oriented uses located directly across the street. 17.66.050A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant's actions, in this case, w, =, ill result =, in increased financial investment and return an uneconomic parcel to the tax rolls should the relief sought be granted. P R, 7 Mimrtes• .Tanuary 19. 2005 Page 10 of 13 17.66.050 A.6. That the Qrantinz of the variance will not permit a prohibited land 143 71 t he district involved. The applicant proposes to use the redeveloped parcel for the purpose of storage of commercial fishing & related gear. This is a permitted use within the I — Industrial Zoning District. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed. Public hearing opened: Stosh Anderson, Applicant: Presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS A) Site plan review of a development plan for the Bayside Fire Department, in accordance with KIBC 17.33. COMMISSIONER OSWALT MOVED TO approve the detailed site plan for an existing fire station and related fire training facilities proposed for development on proposed Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER JANZ SECONDED the motion. The question was called and carried by unanimous roll call vote. B) Review of plat 2004 -09, Raven Hills Subdivision, per request from the Kodiak Island Borough Assembly to include the platting procedure and other possible subdivision alternatives. COMMISSIONER OSWALT MOVED TO postpone this request until the i - - ivi aai y 1U, <lt 1 C L4iar tuccting. COMMISSIONER ICING SECONDED the motion. P & Z Minutes: January 19, 2005 Page 11 of 13 The question was called and earned by unanimous roll call vote. C) Election of Chair & Vice - Chair. Jerrol Friend was elected unanimously as chair. David King was elected unanimously as vice - chair. X. COMMUNICATIONS A) Letter dated December 10, 2004 to Mr. Shawn Dillon from Martin Lydick, Associate Planner, regarding Notice of Violation. B) Letter dating December 9, 2004 to Ms. Logan Porter Crane from Martin Lydick, Associate Planner, regarding Notice of Finding and Administrative Determination. C) Letter dated January 3, 2005 to Mr. & Mrs. Chu from Martin Lydick, Associate Planner, regarding Aleutian Homes, Block 1, Lot 21. D) KIBCMP Project Consistency Review dated January 3, 2005 for T34S R25W, SE 'A of Section 20. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: • January 26, 2005 work session to discuss Mobile Horne Parks, 7:30p.m. in the KM Conference room. • February 9, 2005 work session at 7:30 p.m. in the KIB Conference room. • February 16, 2005 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The . ISSI NE JANZ a CARRTFD by unanimous motion was SECONDED by LUiVI1Vfl D1V1`Lfl JANZ ,..... �-• — � - °--' - - voice vote. XII. AUDIENCE COMMENTS There were no audience comments. P & 7. Minutes: January 19, 2005 Page 12 of 13 ATTEST By: XIII COMMISSIONERS' COMMENTS COMMISSIONER FRIEND: Thanked everyone for the election to chair. COMMISSIONER OSWALT: Said he felt it was a good, fast meeting. COMMISSIONER JANZ: Stated she was happy with the plans for Bayside Fire Departent. COMMISSIONER CARVER: Expressed concern over case 04 -013. Stated he would like to see the following items on future agendas: 1) Gravel Task Force list, 2) Noise and Industrial zone review, 3) Mobile Home Park issues. COMMISSIONER KING: Addressed the guest opinion article that was in the Kodiak Daily Mirror on January 13, 2005. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:OOp.m. :1 :Ot .n it .� • rin Whipple, Secretary Community Development Department DATE APPROVED: February 16, 2005. KODIAK ISLAND BOROUGH PLANNING AND ZONIN _ —:, MIS Bv: Jerro Friend, Chair P & Z Minutes: January 19, 2005 Page 13 of 13 I. CALL TO ORDER II. ROLL CALL Commissioners Present David King -Vice Chair Brent Watkins Casey Janz Dennis McMurry Reed Oswalt III. APPROVAL OF AGENDA KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING FEBRUARY 16, 20 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE -CHAIR KING on February 16, 2005 in the Borough Assembly Chambers. A quorum was established. COMMISSIONER OSWALT moved to excuse Commissioner Friend and Commissioner Carver. COMMISSIONER JANZ seconded the motion. The question was called and carried by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the January 19, 2005 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER MCMURRAY, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black: Spoke regarding New Business Item B Others Present Duane Dvorak, Acting Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Sheila Smith, Secretary Community Development Dept. Martin Lydick, Associate Planner Community Development Dept. ECEIVE APR 2 2 2 005 n BOROUGH CLERK'S OFFICE P & Z Minutes: February 16, 2005 Page 1 of 8 i r • - PAU! CrHEARINGS A) Cise S0 %4l02. Request for Preliminary approval, in accordance with KIBC 16.40, of the replfit of TL 3307, Tract C, Section 33, T24S R24W and a portion of Section 33, T2,1 4WSection 33, Tract C -1. STAFF reported three (3) Public Hearing Notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER OSWALT MOVED TO grant preliminary approval to the replat of TL 3307, also known as Tract C, Alaska State Land Survey 76 -233 and a portion of Section 33, T24S R24W, creating Tract C -1, Alaska State Land Survey 76 -233. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. The motion was SECONDED by COMMISSIONER JANZ. 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. B) Case 05 -001. Request for a variance, according to KIBC 17.19.040.A, to permit the existing single family residence located on Lot 4, Block 5, Woodland Acres 6th to encroach 1.5 feet into the required 25 foot front yard setback in the R2 -Two Family Residential zoning district STAFF indicated seventy -six (76) public hearing notices were distributed for this case _ �_d denial request. with none being returned. Staff recomntcuuou . of o f this ..._� . . equ,,.... COMMISSIONER OSWALT MOVED TO grant a variance from KIBC 17.19.040.A (Front Yard Setback), in order to allow a 1.5 foot encroachment by the principal residential structure into the required 25 foot front yard setback on Lot 4, Block 5, Woodland Acres 6 Addition, in accordance with KIBC 17.66 P & Z Minutes: February 16, 2005 Page 2 of 8 (Variances), and to adopt the Findings of Fact contained in the Staff Report dated February 9, 2005, as Findings of Fact for Case 05 -001. The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: David Thorson, Agent: Spoke in favor of this request on behalf of Robert Johnson Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED four (4) yeas to one (1) nay by roll call vote. COMMISSIONER KING was the nay. COMMISSIONER OSWALT MOVED to adopt the following finding of fact in support of the approval of this request. FINDINGS OF FACT 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a 1.5 -foot encroachment into the 25 -foot front yard setback will not be detrimental to the public's health, safety and welfare. The structure has been in its present location since 1991 and it has not caused any documented problems in that time period. In addition, it appears from the record that the residential structure met all construction code requirements in effect at the time of construction. COMMISSIONER MCMURRY seconded the motion. The question was called and carried by unanimous roll call vote. C) Case 04 -015. Request for a conditional use permit, in accordance with KJBC 17.67.020.B, to permit non - recreational mineral extraction on Sections 14, 15, and 22, T3OS R2OW. STAFF indicated ten (10) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant a conditional use permit, in accordance with KIBC 17.67, allowing a gravel quarry located within sections 14, 15, & 22 T3OS R2OW Seward Meridian, subject to the eleven (11) P & Z Minutes: February 16, 2005 Page 3 of 8 stipulations attached to the Supplemental Memorandum dated February 7th 2005, and to adopt the findings contained in the staff report dated January 7"', 2005 as "Findings of Fact" for this case. FINDING OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Appropriate safeguards, in the form of Stipulations to Approval, provide reasonable assurances that the site will be restored to a condition substantially similar to its' natural condition. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C- Conservation zoning district. A more detailed site plan (engineered gravel plan) is required, as a stipulation to approval, to show existing and proposed contours for the site, access and control points. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Site development and pit design shall be guided by the principals of due diligence. Per Stipulations to Approval, the site is to be re- contoured in conformity with applicable Borough grading requirements, this will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety; signage notifying the public of truck traffic is to be posted during periods of operation; and appropriate dust control measures will be undertaken by the applicant. 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. Stipulation to Approval requires the applicant to provide a description of the site sufficient to establish the minimum lot area (five [5] acres) for the zoning district. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. This conditional use permit will contribute to the economic vitality of the community at large, and will provide ancillary benefits in the form of enhanced surface transportation corridors utilized and enjoyed by the general public. The motion was SECONDED by COMMISSIONER WATKINS Regular session closed. Public hearing opened: Omar Stratman, Applicant: spoke in favor of this request. P & Z Minutes: February 16, 2005 Page 4 of 8 P & Z Minutes: February 16, 2005 Mike O'Leary, Quality Asphalt: spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Appeal 05 -002. Request for an appeal, per KIBC 17.90, of a staff decision citing the vi olation of zoning codes 17.03.060 and 17.17.020, located on Lot 4, Block 3, Island Vista Subdivison. STAFF indicated five (5) appeal notices were mailed for this case with and none being returned prior to the appeal hearing. Staff recommended the Commission uphold staff's decision. Shawn Dillon, appellant: presented his case. COMMISSIONER OSWALT MOVED TO reverse the Administrative Notice of Violation relating to the unpermitted construction located on Lot 3, Block 4, Island Vista Subdivision, and to reverse the Administrative Notice of Violation relating to unpermitted use of the second detached dwelling unit located on Lot 3, Block 4, Island Vista Subdivision. The motion was SECONDED by COMMISSIONER WATKINS. COMMISSIONER OSWALT MOVED TO AMEND the motion to include findings of fact as follows: Nonconforming residential structures may be enlarged or expanded provided that there are no other residential structures located on the property, no portion of the structure extends over any lot line, and all other building, fire and zoning requirements are met. Any encroachment into required setbacks exceeding the original building footprint shall be permitted only by the grant of a variance under chapter 17.66 of this title. The amendment was SECONDED by COMMISSIONER McMURRY. The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED four yeas to one nay by roll call vote_ Cnmmiqqinner King was the nay Page 5 of 8 VIII. OLD BUSINESS A) Review of plat 2004 -09, Raven Hills Subdivision, per request from the Kodiak Island Borough Assembly to include the platting procedure and other possible subdivision alternatives. COMMISSIONER OSWALT MOVED to recommend that the Kodiak Island Borough Assembly take no action on Raven Hills Subdivision and retain it as a school reserve, its original use designation. IX. NEW BUSINESS A) Gravel task force list. COMMISSIONER OSWALT MOVED to submit the following list of names to the assembly for inclusion on the gravel task force: P & Z Minutes: February 16, 2005 Gary Carver Dave King Tom Abell Mike Anderson Howard Weston Andy Teuber COMMISSIONER JANZ MOVED to AMEND the motion, recommending that the Kodiak Island Borough Assembly direct the Clerk's Office to advertise an application process for the proposed Kodiak Island Borough Gravel Task Force and forward the qualified applications to the Planning and Zoning Commission for review and selection of candidates to be forwarded to the Assembly for appointment. COMMISSIONER OSWALT SECONDED the motion. The question was CALLED on the amendment and carried by unanimous roll call vote. The question was CALLED on the amended main motion and CARRIED by unanimous roll call vote. B) Erdman Rentals appeal — remanded from the Superior Court. COMMISSIONER OSWALT MOVED to acknowledge receipt of the opinion rendered by Superior Court Judge Joel Bolger, dated December 8, 2004, and to remand the appeal by R C....._,. the Planning and Zoning C i the Community Development Department in order to allow the processing and issuance of a zoning compliance permit in accordance with the original zoning request that was the subject of the appeal. COMMISSIONER JANZ SECONDED the motion. Page 6 of 8 The question was called and CARRIED unanimous roll call vote. X. COMMUNICATIONS A) Letter dated February 3, 2005 to Mr. & Mrs. Samaniego from Martin Lydick, Associate Planner, regarding Notice of Violation: Determination of Junk Yard. B) Kodiak Island Borough Parks & Recreation Committee Resolution Number 2005 -01 supporting road improvements in the vicinity of North Star Elementary School. C) COMMISSIONER OSWALT requested topo maps of Pillar Mountain Tract D, the natural use area behind Selief Lane and the property across Monashka Road near the landfill XI. REPORTS There were no further communications. COMMISSIONER JANZ MOVED TO ACKNOWLEDGE RECEIPT of items A through C of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. STAFF reported the following meeting schedule: P & Z Minutes: February 16, 2005 • March 8, 2005 work session to review Coastal Management Plan Update, 7:30pm in the KIB Conference room. • March 9, 2005 packet review at 7:30 p.m. in the KIB Conference room. • March 16, 2005 regular meeting at 7:30 p.m. in the Assembly Chambers. • March 23,2005 mobile home park work session in the KIB Conference room. There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Dawn Black: spoke regarding mobile home parks. Shawn Dillon: thanked the commission for working on his case. Clarence Selig: phoned in to thank Erin Whipple for her service. Page 7 of 8 XIII COMMISSIONERS' COMMENTS COMMISSIONER OSWALT thanked Erin Whipple for her hard work. COMMISSIONER MCMURRY thanked Erin Whipple for her hard work. COMMISSIONER JANZ reminded commissioners to RSVP for the boards, committees and commissions reception. She also spoke of mobile home park issues. Commissioner Janz thanked Erin Whipple. COMMISSIONER KING thanked Erin Whipple and welcomed Sheila Smith. IX. ADJOURNMENT CHAIR KING ADJOURNED the regular meeting at 9:49 p.m. ATTEST By: Erin Whipple, Secretary Community Development Department DATE APPROVED: March 16, 2005. P & Z Minutes: February 16, 2005 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMM ON By: upon tioiraLe i 1 , Ia nend, Chair Page 8 of 8 L CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on March 16, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Brent Watkins Gary Carver Casey Janz David King Reed Oswalt A quorum was established. III. APPROVAL OF AGENDA KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS REGULAR MEETING MARCH 16, 200 MINUTES IV. MINUTES OF PREVIOUS MEETING Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the minutes of FEBRUARY 16, 2005 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black commented on Mobile Home Parks and the revision of applicable codes. VII. PUBLIC HEARINGS A) Case 05 -003. Request for a Conditional Use Permit, according to KJBC 17.67.020 B., to allow the expansion of the Trident Basin Float Plane Airport facility by expanding the upland support area for additional aviation related uses. If required for overflow development in the C- Conservation zone, an additional P & Z Minutes: Page 1 of 11 t Conditional Ilse Permit for airport related uses and non - recreational mineral i extraction to allow for future expansion of aviation related uses near Trident Basin in accordance with KIBC 17.13.040.B and F. STAFF deported five (5) Public Hearing Notices were distributed for this case and - returned prior to this meeting. Staff recommended approval of this request subject to standard conditions of approval. COMMISSIONER JANZ MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67 allowing a gravel quarry to be located within an un- subdivided portion of United States Survey 2261 Near Island, subject to seven (7) stipulations and to adopt the "Findings of Fact". STIPULATIONS 1. Provide an engineered gravel plan, which includes: (a) Survey bearings & distances marking the boundaries of the project site. (b) Point(s) of ingress / egress. (c) Topographical data at a minimum of five (5) foot contour intervals establishing current elevations of: i. overall site ii. drainages iii. waterways (d) Topographical data projecting finished grades upon closure. 2. The information required by Stipulation 1 above must be submitted to the Community Development Department for administrative review and approval prior to commencement of material extraction activity. 4. Submit final grading/site plan, to be reviewed and approved by the Building Official prior to the initiation of material extraction activities. 5. Provide appropriate traffic notice signage during hours of operation. 6. Provide appropriate dust control measures during hours of operation. 7. Implement security design / controls at the point(s) of ingress / egress sufficient to discourage unauthorized entry & use of the site. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Appropriate safeguards, in the form of Stipulations to Approval, provide reasonable assurances that the site will not be detrimental nor unduly detract from the integrity of the surrounding area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. P & Z Minutes: Page 2 of 11 It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C- Conservation zoning district. A more detailed site plan (engineered gravel plan) is required, as a stipulation to approval, to show existing and proposed contours for the site, access and control points. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Site development and pit design shall be guided by the principals of due diligence. Per Stipulations to Approval, the site is to be re- contoured in conformity with applicable Borough grading requirements, this will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety; signage notifying the public of truck traffic is to be posted during periods of operation; and appropriate dust control measures will be undertaken by the applicant. 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. Stipulation to Approval requires the applicant to provide a survey description of the site sufficient to establish the minimum lot area (five [5] acres) for the zoning district. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. This conditional use permit will provide for the continued development of an integral component of the community's transportation system. This conditional use permit will contribute to the economic vitality of the community at large, and will provide enhanced air transportation options utilized and enjoyed by the general public. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Linda Freed spoke in support of the request. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote B) Case S05 -004. Request for Preliminary approval of a vacation, in accordance with KIBC 16.60, of a portion of the temporary tumaround easement located on Woodland Acres, 2 Block 3, Lot 6. P & Z Minutes: Page 3 of 11 P IL 7 Mirages: STAFF indicated seventeen (17) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request, noting the Engineering Facilities Directors' evaluation of this request and indicating a portion of the easement can be vacated and still provide for potential turnaround that meets borough standards. Staff recommends approval of this request subject to the condition it be forwarded to the assembly for their review prior to the actual re -plat. COMMISSIONER OSWALT MOVED TO GRANT preliminary approval of the vacation, in accordance with KIBC 16.60, of a portion of the temporary turnaround easement located on Woodland Acres, 2 " Block 3, Lot 6. CONDITIONS OF APPROVAL 1. Provide an engineered cul -de -sac design, which complies with Kodiak Island Borough Code 16.80.030 (D). 2. Place a note on the face of the new plat, which clearly strikes the note language appearing on Plat No. 75 — 7. 3. Place an amended note on the face of the new plat containing replacement language referencing the nature of the area depicted, the purpose, and the reversion expectation. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER JANZ. 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. Page 4 of 11 C) Case 03 -005. Request for an Extension of a Conditional Use Permit, to allow for non - recreational mineral extraction in the C- Conservation zoning district in accordance with KIBC 17.13.040.F, subject to conditions of approval, on a portion of un- surveyed and un- subdivided state land near Narrow Cape. STAFF indicated two (2) public hearing notices were distributed for this case with none being returned. Staff recommends an extention for one (1) year from February 19, 2005 to February 19, 2006, subject to the original conditions of approval and findings of fact applied by the Planning and Zoning Commission for this case. COMMISSIONER KING MOVED TO GRANT a one -year extension of Conditional Use Permit 03 -005, from February 19, 2005, to February 19, 2006, subject to the conditions of approval and the findings or fact applied to this case by the Planning and Zoning Commission, as re- affirmed in the staff memorandum dated March 9, 2005. CONDITIONS OF APPROVAL 1. The proposed resource extraction is to be undertaken in conformity with the narrative and graphic materials submitted for this request, subject to other applicable Borough or state laws or regulations, and in conformity with conditions of approval adopted by the KM Planning and Zoning Commission. 2. Provide revised topographical maps of the extraction site; 1) as it currently exists and; 2) as it is proposed to be after extraction and reclamation. The revised maps should clearly indicate contour elevations with a minimum indicated interval of five (5) feet. 3. The site shall be re- contoured in conformity with a final grading/site plan to be reviewed and approved by the Building Official prior to the initiation of material extraction activities. 4. Provide a detailed re- vegetation plan that indicates specifically the type and quantity of soil coverage and species of plant material to be re- established on the site by seeding as generally indicated in the reclamation plan. The re- vegetation plan will be submitted to the Engineering and Facilities Director for review and approval prior to the issuance of zoning r mm an nA 5. Gravel extraction from the permitted site shall be for a five (5) year period. 6. A grading permit must be obtained if the depth of excavation in any area of the proposed site exceeds five (5) feet in depth. P & Z Minutes: Page 5 of 11 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. There are no residential or commercial uses in the area that will be affected by the proposed activity. Allowing gravel extraction from the proposed site will enable the Kodiak Launch Complex Facility to more fully meet its' purpose of providing aerospace infrastructure meeting the needs of today's civilian and military mission requirements. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C- Conservation zoning district. A more detailed site plan is recommended, as a condition of approval, to show existing and proposed contours for the site. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The site is to be re- contoured in conformity with applicable Borough grading requirements. This will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety. Segregating heavy construction equipment from the area's typical recreational user will minimize the potential for foreseeable consequences. 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 contiguous land ownership by the State is well in excess of the minimum 5 acres required in the C- Conservation zoning district. It does not appear that there are any setback issues related to this request. There are no provisions for buffer areas proposed in this request, however the emphasis placed on the reclamation i and i c n f approval plan, as contained in the application submittal anu in wRwuuu� ul al�Yluvai, should ensure that the conditions in subsections A through C are met. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. The location of the site minimizes the need to import the material from a site farther from the project, which would increase the impact of traffic generation on P & Z Minutes: Page 6 of 11 the community, as well as increasing the cost of the project that the community will eventually have to bear. 17.13.090 Special district regulations. The Special District Regulations of the C- Conservation zoning district will be met by the proposed resource extraction activity, subject to the information contained in the application submittal and applicable conditions of approval required by the Commission. The Special District Regulations are derived from the Kodiak Island Borough Coastal Management Program ( KIBCMP). If the applicable provisions of the KIBCMP are met, it is presumed that the special district regulations are also met. 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. D) Case SO4 -018. Request for review of conditions of approval for a plat previously granted preliminary approval to subdivide Tract L, Russian Creek Alaska Subdivision in order to create Lots 1, 2 and 3, Russian Creek Alaska Subdivision, in order to consider the sub - dividers' request to phase the final plat by creating Lots 1 and 2 only at this time. STAFF indicated twenty (20) public hearing notices were mailed for this case, and none were returned. Because of the speculative nature of the rezone process proposed by the petitioner, staff does not recommend granting final approval of the proposed phase plat. Should the Commission be inclined to grant the phase plat request, staff would recommend some guarantee be required on the part of the subdivider that they will meet the conditions of approval and complete the subdivision in accordance with borough subdivision and zoning code requirements within a specifically determined period of time. COMMISSIONER JANZ MOVED TO GRANT final approval for phase plat to a the - allow the t.,, cation of Luis 1 and 2, Russian Creek Alaska Subdivision preliminary subject to conditions of approval applicable to those lots as indicated on the final plat dated January 27, 2005. CONDITIONS OF APPROVAL P & Z Minutes: Page 7 of 11 1. The two dwellings on Tract L (described as a "house" and "cabin ") must be brought into compliance with KIB and ADEC requirements for septic installation and potable water prior to final plat approval. These two dwellings must also be brought into compliance with zoning and building codes prior to final plat approval. 2. Obtain a wetlands determination from the U.S. Army Corps of Engineers in order to determine the development potential of the proposed lots and to determine the location and size of permissible septic system development areas on each lot proposed in the subdivision. 3. Engineering and soils testing, by an engineer registered to practice in the State of Alaska, is required for Lots 1, 2 and 3 prior to final plat approval documenting that this subdivision design can meet ADEC requirements for onsite well and septic systems that may adequately support commercial or multifamily residential uses. 4. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 5. Provide an appropriate name for the subdivision that does not duplicate an existing subdivision name. 6. Indicate on the final plat that the flagstem is a utility easement. 7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which prohibits future subdivision of the flag lot unless the subdivision design conforms to KIBC 16.40.050.B.3.a.ii, or a dedicated right -of -way is provided in accordance with the applicable borough codes. ADDITIONAL FINDINGS 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat can meet the minimum requirements of Title 17 of the Borough Code. 3. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER OSWALT. COMMISSIONER OSWALT MOVED TO AMEND the main motion with a condition to place a plat note on Lot 3/ Tract A indicating it shall not be further P & Z Minutes: Page 8 of 11 t subdivided until it is brought into conformity with the business zone. The petitioner is granted twelve (12) months to bring Tract A into conformity with the business zone from the date of plat recordation. CONDITIONS OF APPROVAL 1. The two dwellings on Tract L (described as a "house" and "cabin ") must be brought into compliance with KIB and ADEC requirements for septic installation and potable water prior to final plat approval. These two dwellings must also be brought into compliance with zoning and building codes prior to final plat approval. 2. Obtain a wetlands determination from the U.S. Army Corps of Engineers in order to determine the development potential of the proposed lots and to determine the location and size of permissible septic system development areas on each lot proposed in the subdivision. 3. Engineering and soils testing, by an engineer registered to practice in the State of Alaska, is required for Lots 1, 2 and 3 prior to final plat approval documenting that this subdivision design can meet ADEC requirements for onsite well and septic systems that may adequately support commercial or multifamily residential uses. 4. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 5. Provide an appropriate name for the subdivision that does not duplicate an existing subdivision name. 6. Indicate on the final plat that the flagstem is a utility easement. 7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which prohibits future subdivision of the flag lot unless the subdivision design conforms to KIBC 16.40.050.B.3.a.ii, or a dedicated right -of -way is provided in accordance with the applicable borough codes. 8. Place a plat note on Lot 3/ Tract A indicating it shall not be further subdivided until it is brought into conformity with the business zone. 9. The petitioner is granted twelve (12) months to bring Tract A into confnnn it), the business a A........ tl.,, l d ate o pat - - •• - - � ••............+.+... zone i. u�u uia, ua�.. u♦ plat 1ccVlUQt V11. The motion was SECONDED By COMMISSIONER FRIEND Regular session closed. Public hearing opened: P & Z Minutes: Page 9 of 11 Bob Tarrant spoke in support of Dario Dayton Public hearing closed. Regular session opened: The question was called, and the Amendment was ADOPTED by unanimous roll call vote. The question was called, and the Main Motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS There was no communications. XI. REPORTS STAFF reported the following meeting schedule: • March 23, 2005 Mobile Home Parks work session at 7:30 in the KIB Conference room. • April 6, 2005 special meeting - Lesnoi at 7:30 in the Assembly Chambers. • April 19, 2005 Womens Bay town meeting at 7:30 at Peterson Elementary. There were no further reports. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER REED would like to see more areas opened up to subdivisions. P R. 7 Minutes: Page 10 of 11 ATTEST By: P & Z Minutes: COMMISSIONER JANZ wanted to know if the task force has been publicized. COMMISSIONER FRIEND inquired about the joint quarterly meetings with Assembly work sessions. COMMISSIONER CARVER commented on taking a good look at the availability lands, possibly open to potential industrial growth. COMMISSIONER WATKINS wants everyone to be aware of all the kids moving around in the dark hours. COMMISSIONER KING welcomed Sheila Smith COMMISSIONER FRIEND welcomed Sheila Smith IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:35 p.m. `JI ' t 'I.. 4' Sheila Smith, Secretary Community Development Department DATE APPROVED: March 17, 2004. KODIAK ISLAND BOROUGH PLANNING Ao 1 ZOy11 OMMISSION Jerrol rie d, Chair Page 11 of 11 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — March 28, 2005 The Board of Education of the Kodiak Island Borough School District met in regular session on March 28, 2005, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Acting Board President Roy Brown called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten CDR John Furman Absent: Scott Williams, excused Elizabeth Odell, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: MINUTES: Betty Walters Larry LeDoux Darcy Stielstra Velma Ostlund Arielle Himelbloom Patty Holmes Deb Houlden - Engvall Meri Holden Barb Anthony Clifford Gertz Valerie Robancho Rebecca Skinner Justine Derrickson Sawyer Olsen Chloe Nelson Manuel Alvarez Tessa Brown Jeff Stephan Dave Jones Bob Meade Bill Watkins Mayra Brucker Solomon Himelbloom Bonnie Dillard Girl Scout Troop #242 Casey Janz Howard Wayne Francis Palilio Llorente Nick Watkins Molly Carver Amanda Nuggett Rosemary Eufemio Rachel Nelson Leann Silva Camille Hobson Roy Brown Jack Walsh Marilyn Davidson Iver Malutin Brian Himelbloom JoAnne Quass Elizabeth Bongen Stewart McDonald Dave Morgan Heather Wheeler Andrew Schmidt Justin Leedy Hannah Stone Guy Malutin Sophia Sannito Emilio Martinez Deidre Bugarin Hazel May Morales The minutes of the Regular Meeting of February 21, 2005 and the Special Meeting of March 7, 2005 were to be considered for approval and/or correction. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 2 MOTION NORM WOOTEN moved to approve the minutes of the Regular Meeting of February 21, 2005 and the minutes of the Special Meeting of March 7, 2005, as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: 1. Girl Scout leader Deb Houlden- Engvall stepped to the podium with Girl Scout Troop #242 that consisted of girls between fourth grade and seventh grade. She stated that they were working on their Model Citizen Badge and one requirement was to attend a public meeting. Each girl stepped up to the podium and voiced a concern/opinion from removing soda machines from the schools, and over crowded classrooms, more music programs, to potholes, and a mural painted on the outside of Peterson Elementary School. As a parent Deb Houlden- Engvall shared that she would like to see class size remain small. She believes that this is an important part of meeting AYP. She would also like to see more staff at the high school. She thanked Board members for the opportunity for the Girl Scouts participation at the meeting. 2. Elizabeth Bongen read a letter written to Board members addressing the issue concerning the Kodiak High School commons seven vending machines. She shared that this letter is to address the uncontrolled issue of availability of pop and sugar snacks throughout the day at school. The persons responsible for the letter are Darsha Spalinger, PHN; Kimberly Martin, RN, BSN; Christy Kinter, RN, MS; Elizabeth Bongen, RDH, as well as other health care providers, teachers and community members. CORRESPONDENCE: None PROGRAM /STAFF REPORTS: 1. Volunteers of the Month - Ouzinkie School and Chiniak School are pleased to recognize their Volunteers of the Month. Ouzinkie School staff are pleased to recognize Kerry Ivory as their Volunteer of the Month. Kerry has been instrumental in developing the Ouzinkie School Cultural Week program and has spent each day at school working with students. From organizing activities, presenting to SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 3 students, and working in a one -on -one setting, Kerry continues to be an active member of the Advisory School Board and continues to take an active parent leadership role in raising money for and purchasing gifts for all children. Ouzinkie School staff are grateful for Kerry's service. Rural Principal Howard Wayne announced that Kerry Ivory would receive her certificate of appreciation at the Ouzinkie Advisory School Board meeting in Ouzinkie due to technical difficulties with the video equipment. Chiniak School staff are pleased to recognize Ingrid Neubauer as their Volunteer of the Month. She has donated her time and enthusiasm to projects in the classroom, in the kitchen, on field trips, and at board meetings. One of Ingrid's particular talents lies in seeing the support that students, staff, and advisory board members need in order to carry out their duties. She began the year by volunteering in the classroom, helping with math, reading, and writing. As she worked with small groups, Ingrid would quietly notice which students needed individual support in order to overcome difficulties they were having. She then took the time to provide not only help with long division, but also the caring words and deeds that build self - confidence. This year -long effort has produced the quiet but remarkable results that all of us involved in education long to see in our students: a withdrawn student who now smiles; a timid student who is now willing to take on difficult challenges; a troubled student who can now consider other points of view. PRESENTED On behalf of the District, School Board Acting President Roy Brown presented certificates of appreciation to Ouzinkie School Volunteer of the Month Kerry Ivory and Chiniak School Volunteer of the Month Ingrid Neubauer. 2. North Star Elementary School Talent Show Participation — North Star Elementary School recently held their annual K -6 talent show. North Star Elementary School Parent Facilitator Meri Holden and talent show participants entertained Board members with the following talent: Guy Malutin sang "Alaska's Flag "; kindergarten students Sawyer Olsen, Rosemary Eufemio, Sophia Sannito, Arielle Himelbloom, Chloe Nelson and accompanist Meri Holden played a song on their violins; Emilio Martinez, Manuel Alvarez, Leann Silva, Deidre Bugarin, Tessa Brown and Camille Hobson performed a Mexican dance number; and Hazel May Morales sang "The Journey ". 3. Alaska High School Mock Trial Championship Competition - Kodiak High School students recently competed in the 2005 Alaska High School Mock Trial Championship Competition in Anchorage presented by The Young Lawyers Section of the Anchorage Bar Association. Coach Rebecca Skinner along with students Andrew Schmidt, Valerie Robancho, Nick Watkins, Justin Leedy, Molly Carver, Hannah Stone, Justine Derrickson, and Amanda Nuggett shared the highlights of the competition. They stated that it was a wonderful opportunity to learn about individual liberties, the legal process, and to explore career opportunities in law. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 4 4. Kodiak High School Vocational Education Program Report - The Career Technology Advisory Committee has been reviewing programs to identify needs that relate to courses and their alliance with the courses offered at Kodiak College and other schools. Kodiak High School teacher Dave Morgan stepped up to the podium and shared that when he first began teaching, KHS offered two classes: introduction to auto and advanced auto, which concentrated primarily on restoring a used vehicle. He is working toward adding more advanced level classes in order to help students prepare for a smoother transition into college courses and to provide them with the basic skills needed to be successful on the Automotive Service Excellence (ASE) certification. Kodiak High School teacher Bonnie Dillard shared highlights of the arts program at Kodiak High School. She stated that art is a form of communication and visions along with a lot of problem solving. When a child sings a song they will remember that song for the rest of their life. She shared that she is very pleased to be part of a community and school district that promotes the arts in the lives of students. SUPERINTENDENT'S REPORT: 1. Congratulations to Chiniak 8th grader Joseph Christman who received the Best Abstract award at the Alaska Science and Engineering Fair. 2. Superintendent Walters announced that the last budget presentation was this evening and that any additional budget meetings will be for review before the final approval of the budget. 3. Superintendent Walters encouraged parents to prepare their children for the state assessments that start Tuesday, April 5, 2005. 4. She also encouraged the listening audience to contact their local officials as well as their legislators in Juneau regarding funding. Your vote does count! UNFINISHED BUSINESS: None NEW BUSINESS: 1. Town Schools' Calendar, Public Hearing - This calendar has been modeled after the basic calendar the District has been following for many years and meets the requirements for days in session. MOTION JEFF STEPHAN moved to approve the 2005/2006 Town Schools' Calendar as presented. NORM WOOTEN seconded the motion. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 5 At 7:59 p.m. the Regular Meeting was closed and a Public Hearing opened. There being no public testimony, the public hearing was closed and the Regular Meeting reopened at 8:02 p.m. A roll call vote was taken on the motion and it carried unanimously by a voice vote of all members present. 2. 2004/2005 Certificated Contract — Administration has one certificated contract to bring forward for Board review and approval. MOTION NORM WOOTEN moved to approve a certificated contract for the 2004/2005 school year to JaiNan Fiala — MA +0/0 in the amount of $9,082 for 1.0 FTE Kodiak High School for 43 days. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 3. 2005/2006 Certificated Requests for Leave of Absence - Administration has received ten requests for leave of absences. MOTION JEFF STEPHAN moved to approve a 2005 /2006 leave of absence for Amy Fogle, Janice Rogers, Jennifer Eubank, Valerie White, Leslie Soughers, Kitty Deal, Tonya Chamberlain, Sharon Martin, and Kim Triplett and 2005 /2006 first semester leave of absence for Victoria Becwar- Lewis. NORM WOOTEN seconded the motion and it carried unanimously by a roll call of members present. 4. FY 05 Youth Risk Behavior Survey Grant Award — This grant will help offset any costs incurred by the administration of the Youth Risk Behavior Survey for incentives to ensure the permission slips are signed by parents and returned to school. MOTION NORM WOOTEN moved to accept the FY 05 Youth Risk Survey Grant Award in the amount of $1,500. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. _ Y 05 Alaskan Brewery S Gward — Thic grant would add to the efforts 5. 2� Y 05 Arasrcan DIroWC� )' Scholarship Grant r....... Award - - - - .. o - - -- - - - -- at Main Elementary to bring a theater artist to the school and community in April. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 6 MOTION JEFF STEPHAN moved to approve the FY 05 Alaskan Brewery Scholarship Grant Award in the amount of $400. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 6. FY 05 Carl Perkins, Vocational Education, Secondary, Grant Amendment — This grant targets the welding, arts and communication programs at Kodiak High School. MOTION JEFF STEPHAN moved to accept the FY 05 Carl Perkins, Vocational Education, Secondary, Grant Amendment in the amount of $6,756 for a total grant award of $60,674. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 7. Physical Education Curriculum Document — Work started in September with a focus on reviewing the document and refining the physical fitness database. Only minor changes to the document were needed as the previous review had aligned the curriculum to the Alaska Content Standards Skills for Healthy Living. MOTION NORM WOOTEN moved to adopt the Physical Education Curriculum Document as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. Board members extended their thanks to the following members of the Physical Education Curriculum Committee: Sara Alwert, East and Main Elementary Schools; Darlene Rounsaville, Main and North Star Elementary Schools; Casey Janz, Peterson and Main Elementary Schools; Marcus Dunbar, Kodiak Middle School; Joy Green, Kodiak High School; Heather Norton, community representative; Bill Watkins, Director of Instruction and Carla Lam, Curriculum Coordinator. 8. Health Curriculum Document — Revisions to the Health Curriculum document before included more emphasis on activity, healthy eating, and emotional wellness. The high school has added a semester course for ninth grade students. In addition the upper division health program has a new emphasis on health careers to reinforce the Career Pathways initiatives at Kodiak High School. MUIIO JEFF STEPHAN moved to adopt the Health Curriculum Document as presented. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. Board members extended their thanks to the following members of the Health Curriculum committee: Jeanine Costello, North Star School; John Malloy, East Elementary School; Lea SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 7 Wheater, Peterson Elementary School; Mary Polasky, Main Elementary School; Sherry Anderson, Kodiak Middle School; Leslie Soughers and Dave Lussenhop, Kodiak High School; Kenneth MacGregor, community representative and Patty Holmes, Curriculum Coordinator. Kodiak High School Assistant Principal Karen Winkler and Public Health Nurse Darsha Spalinger also contributed. 9. FY 06 Interlibrary Cooperation Grant Intent to Apply — This grant would fund the development of an online catalog of District library resources that would be accessible to all KIBSD schools, enabling the sharing of resources and encouraging cooperation between schools. MOTION NORM WOOTEN moved to approve the FY 06 Interlibrary Cooperation Grant Intent to Apply in the amount of $77,966 with a District match of $16,240. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 10. FY 06 Title VI -B IDEA Grant Intent to Apply — This grant funds supplemental services to students with disabilities. MOTION JEFF STEPHAN moved to approve the FY 06 Title VI -B IDEA Grant Intent to Apply in the amount of $431,062. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 11. FY 06 Section 619 IDEA Grant Intent to Apply — This grant provides supplemental funding for professional services and direct instruction to preschool students with intensive needs. MOTION NORM WOOTEN moved to approve the FY 06 Section 619 IDEA Grant Intent to Apply in the amount of $14,972. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 12. FY 06 Artists in Schools Independent Program Grant Intent to Apply — This grant provides for funding for a one- or two -week residency for an artist during the 2005/2006 school year. Ivs• —• t N JEFF STEPHAN moved to approve the FY 06 Artists in Schools Independent Program Grant Intent to Apply in the amount of $15,000. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 8 13. FY 06 Access /Project Grant Award — This grants support performances and workshops for Main Elementary School students with the Bird Brain Dance Troupe, depicting migratory patterns of whales through movement. MOTION NORM WOOTEN moved to accept the FY 06 Access/Project Grant Award in the amount of $459. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 14. High School Graduation Qualifying Examination Student Waiver — Board members received an additional request for a waiver from one Correspondence Study senior who has enrolled in the District with two or fewer semesters remaining in the year of graduation. MOTION JEFF STEPHAN moved to approve a High School Graduation Qualifying Examination waiver for student 045 -009MT due to late arrival into the Alaska public school system. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for April calls for a work session on Monday, April 4, 2005 in the District's conference room and a Regular Meeting on Monday, April 18, 2005 in the Borough Assembly Chambers. 2. FY 06 Budget Work Sessions continue every Monday this month beginning at 5:15 p.m., through April with an open review. COMMUNITY COMMENTS: 1. Peterson Elementary School Principal Darcy Stielstra thanked the U.S. Coast Guard for grading the Peterson Elementary School parking lot and filling the potholes. The Girl Scouts will be very pleased. BOARD COMMENTS: 1. CDR John Furman publicly extended his thanks to Meri Holden for all the organizing she did for the North Star School talent show as well as for the other programs she supports districtwide. 2. Norm Wooten thanked all the students who participated in the North Star Elementary School talent show. On behalf of the Chamber of Commerce he extended his thanks to the District for their participation in the success of Com Fish. He extended a special thanks to Gregg Hacker for his incredible help — he was there early and left late. SCHOOL BOARD REGULAR MEETING March 28, 2005 Page 9 3. Jeff Stephan thanked Meri Holden for her work in the schools and echoed the comments from Kodiak High School teacher Bonnie Dillard regarding the uplifting nature of self expression. He stated that he continues to have thoughts on the role Board members have to students and parents in the community with respect to the nutritional value that is offered in schools. He realizes that this issue expands to the Booster Club; however, sometimes you can address the biggest issues first. He stated that even though he missed the work session, he realizes that there were representatives from the vending community as well as the Booster Club. He has talked with people from both sides of the issue and has read in various state and national publications regarding the nutrition issue. He understands that there is the issue of fundraising and financing as well as the current RFP that will be at the May 9 work session. He asked that staff advertise for a work group of approximately six to eight people from a diverse section of the community, be appointed by the superintendent and board president along with a staff member, to work with the group. After several meetings the work group could bring a comprehensive list of considerations forward for Board members to review at their May 9 work session. 4. Roy Brown extended his thanks to all the talented young people and presenters that attended the Board meeting. He noticed that everybody in the audience had a smile on their face. He thanked the educational leaders and volunteers for making school programs work. ADJOURNMENT: JEFF STEPHAN moved to adjourn the Regular Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Acting President Roy Brown adjourned the Regular Meeting at 8:41 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of April 12, 2005. Vh 0 t- elect -hf the Board Respectfully Si ' itted, r Sheila Roberts Administrative Assistant Women's Bay Service Area Board Regular Meeting Mmutes March 21, 2005 CALL TO ORDER 7:15 pm Members Present — Chris Lynch, Russ Toms, Spencer Schaeffer, John Isadore, Dave Conrad, Dale Rice Guests Present — Ed Hamlin Citizen's Comments — None. Approval of Minutes — Approved meeting minutes from January 10 and February 28, 2005 as ammended. Old Business Fire Department — Drafts of the by laws, constitution and SOP were handed out These were developed by the volunteer officers and presented to the volunteers. Sections were discussed and changes will be made. The board motioned and approved to accept the by laws and constitution as amended. New Business Fire Department — Grant update — Didn't apply for wildland grant we have enough equipment for wild fires. Assistance to fire fighter grant for new tankers is being pursued by Dave Conrad; $325,000 is the preliminary request. Public Education & Safety grant will be submitted in the fall. The Women's Bay Comp Plan is up for final review this month. A roster was sent arormd for updating. Public Hearing for FY06 Budgets The Meeting was closed and the Public Hearing was opened. The proposed budgets were presented. Hearing no comments the board motioned and approved that all budgets as presented be approved. Board Member Comments — Meeting was adjourned at 8:30 p.m. Next Meeting — April 18, 2005 Road Service Area — Roads were graded and brushing is going to begin. We signed a cooperative agreement with the State Division of Forestry Road Service — We need to pursue a driveway permit with Craig Breighton. KEA has requested a permit for work on Bells Flats Rd. It was suggested that we pull additional ditches. BOROUGH OFFICE I. CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMI REGULAR MEETING -MARCH 22, 2 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR FOREMAN on March 22, 2002 in the Borough Conference Room. II. ROLL CALL Committee Members Present Pam Foreman-Chair Murphy Fomer Patrick Salstonstall Hans Tschersich Mike Sirofchuck Heather Turner Wayne Biessel A quorum was established. Committee Members present Kevin Foster Jeff Huntley not III. APPROVAL OF AGENDA None IV. MINUTES OF PREVIOUS MEETING There were no minutes. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Stacy Studebaker commented on White Sands Beach. Donn Tracy commented on the fisheries. Others Present Duane Dvorak Community Development Dept. Stacy Studebaker BOROUGH CLERK'S OFFICE To E D MAY - 4 2005 P & R Minutes: March 22, 2005 Page 1 of 3 J VII. OLD BUSINESS A) The city's primary interest is saving the watershed areas and annexing The Natives of Kodiak land. It is considering moving the boundaries of the city out to White Sands Beach. If the city annexes White Sands /End of the Road Park, the city will not maintain it, unless the Borough deeds the land to the city, but they would enforce it, meaning the same laws would apply that apply within city limits. The presence of law enforcement at the park is very important, and if it is annexed to what degree will the enforcement be. The park needs to be maintained and kept clean on a regular basis. Does the State have any interest in working out some kind of management program? The original maintenance contract paid $14,000 yearly. A campground is another possibility for the park. Schedule an annexation meeting for March 29,2005. B) Pam updated the group- Balance Nature with Commerce Workshop 4/4 — 4/7/05. Everyone is excited. C) This was put back on the agenda simply as a placeholder. Duane has some ideas for code changes and we can spend more time on this at the next meeting. D) State parks is willing to assume the overhead if no one else will and the funding would most likely come from a loan from a Alaska Recreation process. The funds would be distributed is different from the way the State would use. An agency would be given x amount of dollars and a charge account and charge through the Alaska Trails Initiative process The entity would have to cut checks on a monthly basis, each entity would administer a program so drive the overhead costs way up. The parks director has gone back to Ted Stevens office and told him they have to compromise and give us a little more overhead for the program. They have been working diligently on the Northstar trail. We are getting various agencies involved. VIII. NEW BUSINESS None IX. COMMUNICATIONS None X. REPORTS STAFF reported the following meeting schedule: • = Regular meeting at 7:00 p.m. in the Conference Room. P & R Minutes: March 22, 2005 Page 2 of 3 ATTEST By: There were no further reports. COMMITTEE MEMBER MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMITTEE MEMBER , and CARRIED by unanimous voice vote. XI. MEETING SCHEDULE XII. AUDIENCE COMMENTS There were no audience comments. XII. COMMITTEE MEMBER'S COMMENTS XIII. ADJOURNMENT CHAIR requested a motion to adjourn. COMMITTEE MEMBER MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER , and CARRIED by unanimous voice vote. The meeting adjourned at p.m. Sheila Smith, Secretary Community Development Department DATE APPROVED: (lp) t Q t2 , 2005. KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE am Foreman, Chair P & R Minutes: March 22, 2005 Page 3 of 3 I. CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE END -OF- THE -ROAD MEETING -MARCH 29, 20 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR FOREMAN on March 29, 2005 in the Borough Conference Room. II. ROLL CALL Committee Members Present Pam Foreman Kevin Foster Jeff Huntley Patrick Saltonstall Flans Tschersich Heather Turner A quorum was established. Committee Members not present Murphy Earner Mike Sirofchuck Robert Greene Wayne Biessel Others Present Sheila Smith Community Development Dept. Linda Freed City of Kodiak Donn Tracy ADF &G III. APPROVAL OF AGENDA None IV. MINUTES OF PREVIOUS MEETING There were no minutes. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Linda Freed stated the City's main concern is protecting Kodiak's watershed areas. The Natives of Kodiak came to the City requesting annexation of their land because they want water in the area. It is essential that the City has jurisdiction over the watershed areas so P & R Minutes: March 29, 2005 Page 1 of 3 that our water can be protected. Since 9/11 the EPA and ADEC have been taking new security measures. They could make Kodiak build a second filtration plant. Annexation only changes the boundaries of the city, it does not mean the city would own the property. If the park is annexed and the land deeded to the City then it would be a city park, which would make it the city's responsibility for all maintenance and security measures. If the park is annexed, but not deeded, the City would not be responsible for the maintenance or security. But, if the End -of -the -Road Park is not annexed, the city will narrow the boundaries of the watershed area. Donn Tracy spoke regarding the King fisheries at Monashka Bay. This year will be the third year since the release of smolt, which means this year should have a promising retum with an increase every year. He also stated there has not been increased enforcement in the area. VII. OLD BUSINESS If there are King fisheries and sport fishing at the park there should be an increase in enforcement. It would be a good idea for the Borough to have state contracts for maintenance, and maybe a park host who can keep an eye on things. The committees main concern is what is in the best interest of the citizens and what is in the best interest of the Borough. Most feel it is time for the Borough to step up to the plate and start taking care of the park. In place of some meetings in April and May the committee would like to take some field trips to some of the parks as a group and individually. If the committee decides to keep White Sands in the Borough, we should work up some resolutions. COMMITTEE MEMBER Jeff Huntley MOTIONED TO MOVE the Borough not include the annexation of White Sands /End -of -the -Road Park to the City. COMMITTEE MEMBER Kevin Foster SECONDED the motion. Roll call vote indicated two yeas and four nays. The four nays were Pam Foreman, Patrick Salstonstall, Hans Tschersich, and Heather Turner. COMMITTEE MEMBER Jeff Huntley again MOTIONED TO MOVE the Borough not include White Sands/End -of -the -Road Park in the annexation to the City. COMMITTEE MEMBER Kevin Foster SECONDED the motion. Roll call vote indicated four yeas and two nays. The two nays were Hans Tschersich and Heather Turner. MOTION PASSED. VIII NEW BUSINESS There is no new business IX. COMMUNICATIONS A) Letter dated March 16, 2005 from Mark Kozak, Public Works Director. It includes a summary of the EPA and ADEC requirements for controlling access in the watersheds and Chapter 18.32 Park and Watershed Regulations. P & R Minutes: March 29, 2005 Page 2 of 3 There were no further communications. X. REPORTS STAFF reported the following meeting schedule: • = Regular meeting at 7:00 p.m. in the Conference Room. There were no further reports. XI. MEETING SCHEDULE XII. AUDIENCE COMMENTS There were no audience comments. XII. COMMITTEE MEMBER'S COMMENTS XIII. ADJOURNMENT CHAIR FOREMAN requested adjournment. The meeting adjourned at 9:10 p.m. ATTEST By: CtLe.A-QCrn Sheila Smith, Secretary Community Development Department DATE APPROVED: h r Q (2 , 2005. KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE P & R Minutes: March 29, 2005 Page 3 of 3 A. Call to Order B. Roll Call C. Approval of Agenda D. Approval of Minutes E. Public Comments None. F. Financial Report Service Area No. 1 Board Regular Meeting Minutes 12 October 2004 at 7:30 r Bayside Fire Hall lyCEOVE MAY - 32005 BOROUGH CLERK'S OFFICE Chairperson Charlie Lorenson called the meeting to order at 7:30pm. Present were Board Members Kevin Arndt, Scott Arndt, Rob Casey, Charlie Lorenson, Ed Mahoney and Peggy Tuttle. Greg Spalinger was absent. Also present were Bud Cassidy [E /F Department] and Sharon Lea Adinolfi, recording secretary. Public attendees were Iver Malutin, Bob Brodie and John Sullivan. It was moved and seconded [S. Arndt and R. Casey] to approve the Agenda. The Agenda was approved by a unanimous voice vote. The Minutes of the last regular meeting of the Board [2 March 2004] were distributed and read. R. Casey noted that on page 3, re stipend for the Chair, the language seemed unclear and that the Minutes should indicate there was to be a one time reimbursement of $200 for the year [to defray the Chair's cost of using a cell phone in lieu of a beeper]. The Minutes, as amended, were unanimously approved by a voice vote. The Chair noted that Brechan Enterprises had not submitted their billing yet so the Financial Report was not accurate. S. Arndt moved to acknowledge receipt of the Financial Report. R. Casey seconded the Motion. Acknowledgement was approved. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 1 of 7 G.Old Business 1. Chair Report =C. Lorenson welcomes new member, Ed Mahoney, to the Board. Calcium Chloride Calcium chloride has been received and the Chair is working on getting it put down. Work in Progress Shahafka B. Cassidy noted that a number of drainage issues are being worked on and that he would work on getting necessary easements. Woodland C. Lorenson said that drainage issues were being worked on. Seabreeze The Chair said that culverts are being put in, crowning work is being done and the ditches are being cleaned. Shoreline Water has been coming across the road and D -1 had been dumped on the road. The Chair noted that Lilly Drive also got D -1 in holes around the dumpster. Guardrail Replacement at Mallard This will be done, not sure when. Trinity Island Paving This project has been completed. November Meeting Schedule Next meeting date was scheduled for 7 December 2004 - at the Bayside Fire Hall, time to be determined. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 2 of 7 H. New Business 1. Shore line Circle B. Cassidy told the group that the Borough offers administrative support to the Service District and the Service District works to maintain the roads in the service area. One of the projects generating discussion is the Service District's proposed work on Shoreline Circle. B. Cassidy referred the group's attention to letters from G. Spalinger and K. Creelman [copies had been distributed to Board Members] for review of the projected work to be accomplished. B. Cassidy said that what should be looked at as "short term fixes" were the drainage and access issues. The long term fixes should deal with safety and completion of Ocean Drive. There are concerns re an increase of traffic and grading issues. C. Lorenson brought up the possibility of connecting to Rezanoff. S. Arndt said that R. Greene of the State DOT indicated that the State would not allow that because of the closeness to Ocean and the steepness of the road. C. Lorenson noted that one the culverts had rotted away and that allows D -1 to be washed out onto Rezanoff. He indicated that ditching was going to be done along K. Creelman's property. It would be difficult because there is a very narrow right of way. J. Sullivan questioned if plans had been drawn up by an engineer and if this was a temporary fix. C. Lorenson said that correcting drainage was 60% of the project. J. Sullivan said his concern was that the area be safe and usable and would like to see indications of "more homework" being done. He questioned who would make the decisions in the field. S. Arndt replied that the Chair would make those decisions or whomever he designated. J. Sullivan suggested that decisions in field, not addressing liabilities to the Service District - these are serious issues. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 3 of 7 The Service District needs to think about how each new project will be handled /managed. S. Arndt said that the sewer /water /utilities are already in place and cannot be vacated. He also indicated that a full width road could not be accomplished on Ocean because the ditch area is too narrow. B. Brodie said that he was concerned about the grade [in front of the apartments] being safe - wants it to be filled in. I. Malutin wants the same grade on Ocean. C. Lorenson noted that Ocean has been cleaned up and is safe. K. Arndt asked if part of Ocean was going to be moved. B. Cassidy responded that that would be a long term issue - it could be an option. I. Malutin said that he wanted Ocean built correctly. C. Lorenson asked B. Cassidy about the process [of making major changes]. B. Cassidy responded that all issues re any service area project should be brought to the table and that the Service District responds to the Manager /Assembly and that all citizens have the right to voice their concerns about any project. J. Sullivan said that he supported I. Malutin's thoughts re approaching G. Spalinger and suggesting a purchase of part of Spalinger's property that would allow access to Shoreline. J. Sullivan also concurred that the drainage issue needs to be addressed and Ocean needs to be addressed. C. Lorenson said that the Service District is trying to bring all the roads up to par and make them safe. P. Tuttle questioned the engineering of roads and questioned B. Cassidy re the use of qualified people to develop the roads. B. Cassidy responded saying that the Service District would be improving non - engineered roads and that the Borough has chosen to build roads not to standard. R. Casey agreed with I. Malutin's concerns and indicated that the roads will be kept sanded and salted until the Service District gets to a point where something more can be done. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 4 of 7 K. Arndt also felt that looking to G. Spalinger for negotiating a small portion of his property in order to rework the road at the apartments was a good idea. S. Arndt indicated that the ditching /culverts have to be done before winter. He also noted that the grade requirements would not be able to be met at the apartments [even with a piece of G. Spalinger's property]. K. Arndt felt it was still worth the effort to investigate. C. Lorenson said that he would speak with G. Spalinger upon his return from out of town. C. Lorenson said that he would be checking with Brechan Enterprises and Kevin Creelman re bush removal and to set a time to start the work. S. Arndt indicated that he would like to see a load of gravel dumped at the edge of G. Spalinger's property near the apartments - for safety reasons and then on the other side of his property. R. Casey agreed w /the safety issue near the apartments but saw no reason to place gravel on the other side [of private property]. C. Lorenson said that he would like to see letters going out to the folks in the area where the work will be done so that they're aware of what will be done and when. 2. Other Projects R. Casey said that the roads need to be cleaned after winter - if this doesn't happen damage results and then the Service District will have to pay for the damage. S. Arndt indicated that Shahafka Acres needs some ditching work, D -1 needs to be added and alders need to be removed. This should be put on the project list and it should be done before winter. He also noted that, Seiief Lane did not get resuifaced as anticipated and is now in need of maintenance - a seal needs to be put down. The City is doing maintenance on that road, but is beginning to run out of oil - the local DOT has extra oil and at an anticipated cost of $1000 [time and material] could do some chip /seal and pothole work. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 5 of 7 R. Casey makes a Motion to pursue this work on Selief, paying DOT for the oil and the City for time and material to do the work. S. Arndt seconds the Motion. P. Tuttle questioned finding out the actual cost before going forward. S. Arndt replied that there was not enough time - it had to be done before winter. Question was called and there was a unanimous going forward on the Selief lane work. I. Public Comments None. J. Board Connnents E. Mahoney talked about spending a lot of time projects at Spruce Cape installing a culvert in a shallow. His point was that drainage issues seem up and that could be prevented if, built, ditches /culverts were wouldn't come up later on. K. Arndt None. voice vote for on one of his ditch that was to keep coming when new subdivisions were installed properly so that problems P. Tuttle offered her services to the Board by assisting with financial matters. It had been noted earlier in the meeting that the Service District has received no invoicing from Brechan Enterprises. P. Tuttle will get in touch with the accounting person at Brechan. P. Tuttle questioned if the Code was being upheld as new subdivisions are being built. B. Cassidy responded that it is critical to have a plan [to build] to begin with, but things change as the actual construction begins and sometimes drastically. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 6 of 7 The Service District's role in the paving of Woodland Acres was also questioned and B. Cassidy said he would be looking into that and would report back to the Board. R. Casey welcomed Ed Mahoney to the Board. S. Arndt also welcomed Ed to the Board. He went onto note that Brechan Enterprises had done a good job this summer and that Mike Martin had "stepped up to the plate" and helped with the work himself. S. Arndt said that M. Martin was second only to Chris Deeter in grading and that during this past winter, Scott Curry - the sander operator, had done an excellent job. K. Adjournment. There being no further business before the Board, a Motion was made and seconded to adjourn the meeting. The voice vote was unanimous and the meeting was adjourned at 9:08pm. Respectfully submitted: haron Lea A. <nolfi, Secreta KIB Engineering /Facilities D Ap. o I mr Charlie Lo on, Chair Service Area No. 1 Board Date: \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 12 Oct 2004.doc Page 7 of 7 A. Call to Order Chairperson Charlie Lorenson called the meeting to order at 7:35pm. B. Roll Call Service Area No. 1 Board Regular Meeting Public Hearing on Budg Minutes 23 March 2005 at 7:30 p Bayside Fire Hall VCEOWE J II MAY- 3 2005 m JOROUGH CLERK'S OFFICE Present were Board Members Kevin Arndt, Scott Arndt, Rob Casey, Charlie Lorenson, Ed Mahoney, Greg Spalinger and Peggy Tuttle. Sharon Lea Adinolfi [E /F Department], recording secretary, was also present. Public attendee was Margaret Bosworth. C. Approval of Agenda It was moved and seconded to approve the Agenda. The Agenda was approved by a unanimous voice vote. D. Public Comments Margaret Bosworth spoke to the group regarding support for safe access /bike trails to North Star School. She indicated that there are funds available for possible work on Otmeloi /bike path - that there may be some grant money through the State Parks for Lilly /Anton. She would like to seek the SD's written support in obtaining monies to help fund the roads /lighting /bike path projects around the North Star School. S. Arndt responded to M. Bosworth's comments: He said that $1.3 million has been approved for work on Lilly /Anton. The money is in the "pipeline ". He went on to say that the Borough is in discussions re the projects - and that Otmeloi, because it is a State road, is not part of the $1.3 million. The Service District would be supportive, but the projects are the Borough's responsibility. S. Arndt thanked M. Bosworth for coming and speaking to the Board. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 23 Mar 2005.doc Page 1 of 4 E. Chair Report (TIie= Chair i i'fdtmecI f the Board that he received a resignation letter from R. Casey, who will be moving off Island. Y , ] 1 ! I C - Lorenson told,the of calls received from a resident doti at the- end-df Spruce Cape who was concerned re dust control ad the dileId:TiMil in the NOK subdivision. The Chair said that a he`would° promote - a rv 25 mph speed limit at the end of Spruce Cape. The dust control issue would be addressed when winter has passed. Following a discussion re speed limits, S. Arndt moved that the speed limit on Sharatin be changed from 20 mph to 25 mph. R. Casey seconded the motion. There was a roll call vote. The motion passed 6 - 1. Ed Mahoney made a motion to change the speed limit at the end of Spruce Cape [NOK] to 25 mph. There was a second to the motion. Discussion. P. Tuttle questioned how decisions are made about speed limits in subdivisions. S. Arndt responded speed limits are based on the width of roads, lighting, whether roads are "collectors" or not. Ed Mahoney amended his motion to encompass the whole area in the NOK subdivision to be 25 mph. R. Casey seconded and there was a unanimous roll call vote on the amendment. There was a unanimous roll call vote on the main motion. F. Public Hearing 1. FY05 Budget Discussion S. Arndt moved to accept the FY06 Budget for the Service District #1. G. Spalinger seconded the motion. Discussion. S. Arndt presented copies of the new Budget which had been previously reviewed at a work session. There was discussion re the cost of cell phone v. pager. There was further discussion re reimbursement for fuel expenses. Driving the roads in the Service District daily, coupled with the rising cost of fuel, is of consideration. S. Arndt suggested adding a fuel line item under Support Services. S. Arndt moved to amend the FY06 Budget by adding a $500 fuel line item. G. Spalinger seconded the motion. Discussion. R. Casey moved to amend the motion to $50 /month or $600.00 /yr. This motion was seconded by K. Arndt. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 23 Mar 2005.doc Page 2 of 4 E. Mahoney questioned how this amount will be reimbursed. S. Arndt responded that it would be handled as a reimbursement rather than salary. C. Lorenson suggested a $600 gas card. If there is a change in Chair during a year, the card could be passed to the new Chair. There was a unanimous roll call vote on the amended motion and a unanimous roll call vote on the main motion. It was agreed upon by the Board that Election of Officers would follow Scheduling of Road Services Contract Discussions. G. Work Program Because of budget constraints the Work Program will consist of cleaning, grading and dust control [calcium chloride]. H. Scheduling of Road Service Contract Discussion It was agreed by the Board that the next regular meeting would be held on 20 April and the Road Service Contract Discussion would be part of the Agenda. I. Election of Officers P. Tuttle nominated K. Arndt for Chair and S. Arndt nominated G. Spalinger. The vote was 4 -3 for K. Arndt. S. Arndt nominated C. Lorenson for Vice Chair and G. Spalinger nominated S. Arndt. The vote was 4 -3 for S. Arndt. I. Public Comments None. J. Board Comments E. Mahoney said that he would like to see the Board have more frequent meetings. He also suggested that better road maintenance was of concern and he felt the Borough should be more aLLentive to their a1.. Taxpaye l r rnllare nrnild he thei approvals. .....� - --- saved if projects [roads /ditches /etc.] were constructed properly to begin with and the Service District did not have to expend funds to repair or correct. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 23 Mar 2005.doc Page 3 of 4 K. Arndt thanked C. Lorenson for his service as Chair. P. Tuttle also thanked C. Lorenson for his service. She said that she would like to be more informed - say when there were public attendance re issues - would like to be prepared. Also she would like to have a better understanding of the Service District's responsibilities - codes /enforcement. S. Arndt expressed his thanks to C. Lorenson for his service. G. Spalinger said that he had received inquiries re the paving of Woodland Acres. He would like the Board to be kept informed on progress of projects and would like to see B. Cassidy attend Service District meetings. R. Casey expressed his appreciation to the Board for the opportunity to serve. Adjournment. There being no further business before the Board, a Motion was made and seconded to adjourn the meeting. The voice vote was unanimous and the meeting was adjourned at 9:O5pm. Respectfully submitted, Sharon Lea Adinolfi, Secreta KIB Engineering /Facilities D Charlie Lorenson, Chair Service Area No. 1 Board Date: Date: \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Minutes 23 Mar 2005.doc Page 4 of 4 ACTION ITEMS: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - May 2, 2005 SUMMARY Motion to approve a 2005/06 certificated leave of absence for Kodiak High School teacher Chad Pysher. Motion to approve a certificated contract for the remainder of the 2004/2005 school year to Judith Cornett - BA +0/6 in the amount of $5,754 for 1.0 FTE 23 days for East Elementary School. APPROVED: Motion to approve certificated contracts for 2005/2006 school year to Kaia Henrickson - MA +0/1 in the amount of $43,360 for 1.0 FTE Kodiak Middle School Language Arts; Ryan Boudreau - BA+0/1 in the amount of $38,384 for 1.0 FTE Peterson Elementary School; Joyce Fried - BA +0/6 in the amount of $47,980 for 1.0 FTE Main Elementary School; Mary Swanson - BA +37/7 in the amount of $55,799, plus $355 special education stipend for 1.0 FTE Kodiak High School Special Education; and Seanna Gunn - BA +0/1 in the amount of $38,384, plus $355 village stipend for 1.0 FTE Rural Site. APPROVED: Motion to approve 2005/2006 administrative contracts in the amount of $1,019,543 for a total of 12.0 full time equivalents (FTEs). APPROVED: Motion to approve the FY 05 Migrant Summer School Program Grant Intent to Apply in the amount of $17,075. APPROVED: Motion to approve the sale of the aluminum skiff. (School Board Policy Section 9.3, Care of School Property requires that the sale or exchange or school property have the approval of the Board.) APPROVED: Motion to adjourn. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: v�II 9 IDs Please print your name Please print your name - d ep f` ANN ti Cr cn LU 0 U I g g c 1 6 N k 9 CO CQ ct w 0) stz 4c% co I r I Th ‘ \ Lx c� c C ' o C - ' 1 In cn 9 i qg ' 5 Mr Sa m 3 3 W W I XI V T CAI JV I , �.■■ . . have uoslap Halo UOSUI E SUIBIIII� •S AI SQOM'SLAI SnaM WI UQSUI:If 'SCI — na4H triAl IIOSUg1a •S RPM SIAI SlireEM SNI r IN rT1i r tIl TRW UOSU Ig •SYAI SRa SYAI II SIIMPAA 'SW 1 3 IF ,.- — � . � , . . �� ` _'"` � � �,,. ' � �... � �., � : , . . 4 .� n,. , _ .. ,_ . . _ �,: ,, �. , ,_ : .; r� . .; . - �,.; -.- - - - -.. - ,.. ' ,_ . , __ ��, : -�,,, �' �j, : KODIAK ISLAND BOROUG�H �. _, Presented to Duane Dvorak In appreciation of Years of Service to the Kodiak Island Borough and its Citizens �� �r . !a(�..�.e,y�. 1 y� �<,k �-. � ::, ,,: �� � �� �� ������ � ��� . � ��: .,, . � �:�.� / d� r.' Date � `� k �ri. . t`'� s -�, - , ' .' : ``_ k � ;: ` '' -ti �- ' '�' + `.'— i�...,s.. �tx -�_.;� �„ �.� � t �? �� , e �.�. ,� � � v � �� • q .t : y� m . �. 'crr. ks ��rf� � � 'i° ! , �, t T4P� � � �� t � � a'�'r tiI' W:.: #�"'��' ` _ � �-�.. ��s .:�'.,� � ": ,�.:,,'�`o- $� �.r?," <.,.- �9 � _ .� W:�� � . 4 -, - � � . Kodiak Island Borough May 19, 2005 - 7:30 p.m. 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemb /ymember Bonney as well as other Assemblymembers may be out and asked to be excused. ,Recommended motion: Move to specifically excuse anyAssemb /ymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. Recommended motion: Move to amend the agenda by adding Item No. 13.D.4. Resignation of Kodiak Is /and Borough Assembly Member. Clerk's note: Per KIBC 2.17.060C. Agenda additions. A subject not on the agenda may be considered only by unanimous consent ROLL CALL VOTE ON MOTION TO AMEND VOICE VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of March 17 and April 7 and 21, and Special Meetings of March 31 and April 8, 2005. Recommended motion: Move to approve the minutes as submitted. Please ask if there are any corrections or additions to the minutes. VOICE VOTE ON MOTION TO APPROVE THE MINUTES Kodiak Island Borough May 19, 2005 Assembly Guidelines Regular Meeting Assembly Chambers Assembly Guidelines Page 1 6. AWARDS AND PRESENTATIONS A. GFOA Award - Manager Galstad B. Student of the Month - Mayor Selby 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS Ask if any member of the audience has a committee report. Ask if any member of the assembly has a committee report. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker. A question asked of a speaker during the speaker's testimony is counted toward the speaker's time. It is recommended that questions are asked after the speaker has finished.) A. Ordinance No. FY2005 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.057 General Fixed Assets to Provide for Disposal of Used Hospital Equipment. Recommended motion: Move to adopt Ordinance No. FY2005 -11. Staff Report - Manager Galstad Open public hearing. Read phone numbers: Kodiak Island Borough May 19, 2005 Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MnTInN TO ADOPT Assembly Guidelines Page 2 B. Resolution No. FY2005 -25 Establishing the Minimum Amount of Funds to be made available from local sources for the Kodiak Island Borough School District for the fiscal year beginning July 1, 2005 and ending June 30, 2006. Clerk's note: attached on blue paper is the revised version that is available to the public. Recommended motion: Move to adopt Resolution No. FY2005 -25. Staff Report - Manager Galstad Open public hearing. Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO ADOPT 10. BOROUGH MANAGER'S REPORT - Manager Galstad 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS A. Confirmation of Trinity Islands Paving District Assessment Roll. Clerk's note: Assemblymember Anderson declared a conflict of interest at the April 7 and 21, 2005 Regular Assembly Meetings and should excuse himself from the dias. Attached on pink paper is the Borough attorney's opinion and on white paper Mike Anderson's information and a letter from Attorney Mel Stephens. The motion before the Assembly is: to confirm the Trinity Is /ands Paving District Assessment Roll. Staff report - Manager Galstad Recommended motion: move to postpone confirmation of the Trinity Islands Paving District assessment roll to June 2, 2005. ROLL CALL VOTE ON MOT /ON 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS - None Kodiak Island Borough Assembly Guidelines May 19, 2005 Page 3 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2005 and Ending on the Thirtieth Day of June 2006 (2006 Fiscal Year Budget). Clerk's note: attached on yellow paper is the revised version that is available to the public. D. OTHER ITEMS Recommended motion: Move to adopt Ordinance No. FY2006 -01 in first reading to advance to public hearing on June 2, 2005. Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON 1. Receipt of the Architectural /Engineering Review Board's Recommendation for Engineering /Geotech Services to Assist the KIB in Developing a Seismic Vulnerability Assessment of School Facilities and to Acquire Funding from the Federal Emergency Management Agency [FEMA]. Recommended motion: Move to acknowledge receipt of the Architectural/ Engineering Review Board's Recommendation for Engineering / Geotech Services to Assist the KIB in Developing a Seismic Vulnerability Assessment of School Facilities and to Acquire Funding from the Federal Emergency Management Agency [FEMAJ. Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON 2. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed (Mr. Peter Kewan.) Recommended motion: move to waive the claimant's failure to make timely application for exemption and authorizing the assessor to accept the application as if timely filed (Mr. Peter Kewan.) Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines May 19, 2005 Page 4 3. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed (Mr. Walter Sargent Jr.) Recommended motion: move to waive the claimant's failure to make timely application for exemption and authorizing the assessor to accept the application as if timely filed (Mr. Walter Sargent Jr.) Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON If the agenda was amended to add this item: 4. Resignation of Kodiak Island Borough Assembly Member. Recommended motion: Move to accept, with regret, the resignation of Borough Assemblymember Mike Anderson and declare his seat for a term to expire October 2006 vacant effective May 20, 2005 and direct the Borough Clerk to advertise the vacancy per Borough Code. Clerk's note: Attached on green paper is Assemblymember Anderson's letter of resignation. ROLL CALL VOTE ON MOT /ON 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly is scheduled to meet in a work session on Thursday, May 26, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, June 2, 2005 at 7 :30 p.m. in the Assembly Chambers. The Borough offices will be closed on Monday May 30, 2005 in observance of Memorial Day. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines May 19, 2005 Page 5