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2006-07-06 Regular MeetingKodiak Island Borough Assejnbl July 6, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Tem, Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Tenn Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mil/ Bay Road Kodiak, AK 99615 Kodiak Island Borough July 6, 2006 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES P A. Kodiak Island Borough Regular Meetings of V y 18 and June 1, 2006. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Applicant: The Kishan Group Inc.) State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Drive, Larsen Bay, AK. (Applicant: Larsen Bay Lodge Inc.) Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission? Ordinance No. FY2 06 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant William Bacus) Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities. B. C. Assembly Chambers FM and Cablevision station 8. Assembly Agenda Page 1 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -01 Economic Development Services for FY 2007 between the KIB and the Kodiak Chamber of Commerce in the amount of $43,000 per annum. 2. Contract No. 2007 -02 Kodiak Island Borough Facilities Fuel Oil Delivery. 3. Contract No. 2007 -03 Recycle Services with Threshold Recycling Services Inc. 4. Contract No. 2007 -04 New World Systems Corporation Standard Software Maintenance Agreement. RESOLUTIONS Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan. Resolution No. FY2007 -03 Authorizing the Approval of Lease with the Chiniak Public Library Association. 3. Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. 2. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. D. OTHER ITEMS 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group.) 2. Appointment to the Bay View Road Service Area Board. 3. Declaring the Gravel Task Force Seats Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Borough Manager's Evaluation. B. Matters Involving Negotiations with IBEW. 17. ADJOURNMENT Kodiak Island Borough Assembly Agenda July 6, 2006 Page 3 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural Review Board Meetings of April 19, April 20, April 21, April 22, September 19 October 11, and October 12, 2005; and April 5, May 2, and May 23, 2006. 2. Fire Protection Area No. 1 Board Regular Meeting of April 18, 2006. 3. Planning and Zoning Commission Regular Meeting of April 19, 2006. 4. Service Area No. 1 Board Regular Meeting of March 7 and April 25, 2006. 5. Bay View Road Service Area Board Meeting of May 24, 2006. 6. Gravel Task Force Committee Regular Meetings of February 6 and May 1, 2006. 7. Kodiak Island Borough School District Board of Education Regular Meetings of April 17 and May 22, 2006 and Special Meetings of June 5 and June 15, 2006. B. REPORTS 1. Kodiak Island Borough May 2006 Financial Rep 2. Kodiak Island Borough School District Board of 2006. 3. Kodiak Island Borough School District Board Expenditures for the Month of March 2006. 4. City of Kodiak/Kodiak Island Borough Gulf of Force Report of May 30, 2006. 5. Gravel Task Force Interim Report. Agenda Items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting out the Assembly Chambers. Kodiak Island Borough July 6, 2006 ort. Education Regular Meeting Summary of May 22, of Education Monthly Report of Revenues and Alaska (GOA) Groundfish Rationalization Task Assembly Agenda Page 3 Kodiak Island Borou July 6, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough July 6, 2006 sse nbly` Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE DRAFT 3. ROLL CALL 4. APPROVAL OF AGENDA • 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meetings of May 18 and June 1, 2006. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. B. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Applicant: The Kishan Group Inc.) C. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Drive, Larsen Bay, AK. (Applicant: Larsen Bay Lodge Inc.) D. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission. E. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) F. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities.. Assembly Agenda Page 1 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -01 Economic Development Services for FY 2007 between the KIB and the Kodiak Chamber of Commerce in the amount of $43,000 per annum. 2. Contract No. 2007 -02 Kodiak Island Borough Facilities Fuel Oil Delivery. 3. Contract No. 2007 -03 Recycle Services with Threshold Recycling Services Inc. 4. Contract No. 2007 -04 New World Systems Corporation Standard Software Maintenance Agreement. B. RESOLUTIONS 1. Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan. 2. Resolution No. FY2007 -03 Authorizing the Approval of Lease with the Chiniak Public Library Association. 3. Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Govemment. 2. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zonir, Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. D. OTHER ITEMS 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group.) 2. Appointment to the Bay View Road Service Area Board. 3. Declaring the Gravel Task Force Seats Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Borough Manager's Evaluation. B. Matters Involving Negotiations with IBEW. 17. ADJOURNMENT Kodiak Island Borough Assembly Agenda July 6, 2006 Page 3 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural Review Board Meetings of April 19, April 20, April 21, April 22, September 19 October 11, and October 12, 2005; and April 5, May 2, and May 23, 2006. 2. Fire Protection Area No. 1 Board Regular Meeting of April 18, 2006. 3. Planning and Zoning Commission Regular Meeting of April 19, 2006. 4. Service Area No. 1 Board Regular Meeting of March 7 and April 25, 2006. 5. Bay View Road Service Area Board Meeting of May 24, 2006. 6. Gravel Task Force Committee Regular Meetings of February 6 and May 1, 2006. 7. Kodiak Island Borough School District Board of Education Regular Meetings of April 17 and May 22, 2006 and Special Meetings of June 5 and June 15, 2006. B. REPORTS 1. Kodiak Island Borough May 2006 Financial Rep 2. Kodiak Island Borough School District Board of 2006. 3. Kodiak Island Borough School District Board Expenditures for the Month of March 2006. 4. City of Kodiak/Kodiak Island Borough Gulf of Force Report of May 30, 2006. 5. Gravel Task Force Interim Report. Agenda Items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting out the Assembly Chambers. Kodiak Island Borough July 6, 2006 ort. Education Regular Meeting Summary of May 22, of Education Monthly Report of Revenues and Alaska (GOA) Groundfish Rationalization Task Assembly Agenda Page 3 KODIAK ISLAND BOROUGH Regular Assembly Meeting May 18, 2006 A regular meeting of the Kodiak Island Borough Assembly was held May 18, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell (arrived at 7:33 p.m.), Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Finance Director Karl Short, E &F Director Bud Cassidy, Baler Manager Alan Torres, Clerk Judi Nielsen, and Assistant Clerk Jessica Basuel. Branson moved to excuse Assemblymember Abell, seconded by Jeffrey VOICE VOTE ON MOTION TO EXCUSE CARRIED UNANIMOUSLY APPROVAL OF AGENDA WILLIAMS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular and Special Meeting of April 20, 2006. BRANSON moved to approve the minutes as submitted, seconded by JEFFREY Assemblymember Branson noted that on page 3 of the regular meeting minutes the word "and" should read "an." VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Fiscal Year 2006 Distinguished Budget Presentation Award. Manager Gifford presented the Government Finance Officers Association (GFOA) Award to Finance Director Karleton Short. B. Fiscal Year 2007 Budget Power Point Presentation. Director Short gave the fiscal year 2007 budget power point presentation. CITIZENS' COMMENTS Norm Wooten said the Kodiak Island Health Care Foundation was working on the following issues regarding the Community Health Center (CHC): (1) location, (2) grant requirements to be independent of the Foundation, and (3) constructing with grant funds. Kodiak Island Borough May 18, 2006 Assembly Minutes Page 1 Israel Marin spoke in support of the CHC since it was helpful for community residents who did not have the funds to pay for health care. COMMITTEE REPORTS A. Kodiak Chamber of Commerce Budget Presentation. Deb King, Chamber of Commerce Economic Development Specialist, said the Chamber was busy with the Crab Festival, quarterly SIDS meetings, an RFP for seafood harvesting, and securing labor information for the state. B. Kodiak Island Convention and Visitor's Bureau Budget Presentation. Pam Foreman,KICVB Chair, gave a presentation on the Bureau's future marketing programs, research with air traffic, and making the visitor's guide available on CD. C. Kodiak College, UAA Budget Presentation. Connie Dooley, Kodiak College Director, gave an update on the College Strategic Plan that included supporting Education 101, worker readiness, English as a second language, and computer classes at the Senior Center. She requested funds for the Smart Start Program and computer classes at the Senior Center. Don Rush, Providence Kodiak Island Medical Center (PKIMC) Administrator, said Dr. Foody and Dr. Panzarella were retiring and the mental health director resigned so the replacement search had begun. He reported on current activities at the hospital and the desire for residents to have consistent access to quality health care. He promoted the use of the CHC. PUBLIC HEARING A. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) Mayor Selby opened the public hearing. Rebecca Shields supported funding non - profits. Keith Ruch supported funding non - profits. Mayor Selby closed the public hearing and reconvened the regular meeting. B. Resolution No. FY2006 -37 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, 2006 and Ending July 1, 2006 and Ending June 30, 2007. STEPHENS moved to adopt Resolution No. FY2006- 37,seconded by BRANSON Manager Gifford said the School Board submitted its budget on April 27 but they had subsequently requested level funding from the previous year because of anticipated funds from the State. Kodiak Island Borough Assembly Minutes May 18, 2006 Page 2 Mayor Selby opened the public hearing. Betty Walters, KIBSD Superintendent, appreciated the Assembly for its support of the schools. Mayor Selby closed the public hearing and reconvened the regular meeting. Assemblymember Stephens supported the resolution and complimented KIBSD Finance Officer Dave Jones for a budget well done. Assemblymember Jeffrey thanked the KIBSD Board for working with the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams After a ten - minute recess, Mayor Selby reconvened the meeting at 9:11 p.m. BOROUGH MANAGER'S REPORT Manager Gifford said the Mayor and Assembly were invited to the open house of Bayside Fire Department's Fire Training Building on May 26 from 1 -3 p.m. The Board of Equalization met on Tuesday, May 16, of the eight appeals received, five were resolved prior to the meeting. Staff and Engineer Todd Jacobson of R &M Engineering met with the Service Area No. 1 Board and residents of the proposed Woodland Acres paving district on May 17 to discuss the scope of the paving project. He would travel to Kodiak again next week to determine the cost of paving project. The Assembly would then hold a public hearing to determine whether to move ahead with the project. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended the paving meeting and expressed an interest in moving forward with the public hearing. He wished everyone a happy Crab Festival. UNFINISHED BUSINESS A. CONTRACTS 1. Contract No. FY2006 -38 Providence Kodiak Island Medical Center Schematic Design Services - Phase IV of the Community Health Center. Mayor Selby said the motion to approve Contract No. FY2006 -38 with Prochaska and Associates for Phase IV- schematic design of the Community Health Center in an amount not to exceed $58,700 plus non reimbursable expenses of approximately $2,000 for a total contract amount of $60,700 is before the Assembly. Manager Gifford reported the Assembly directed staff to proceed with Phase IV of the design of a Community Health Center (CHC) wing that would be added to the existing hospital facility. Staff negotiated with the architect for costs associated with developing schematic design drawings for the layout of the CHC. Kodiak Island Borough May 18, 2006 Assembly Minutes Page 3 Assemblymember Stephens said he studied the hospital master plan and had concerns about the location and the schematic design. He was not happy with the planning process but the schematic design was not inconsistent with the hospital. Assemblymember Abell agreed with Assemblymember Stephens and was glad to see the schematic design. Assemblymember Ranney fully supported the contract. Assemblymember Williams thanked Norm Wooten, Don Rush, and Jimmy Ng for their input and support of the contract. Assemblymember Jeffrey supported the contract and thanked those who brought it forward. Assemblymember Branson thanked Israel Marin for his comment supporting the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -41 Auditing Services for Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2006 -2008. JEFFREY moved to approve Contract No. FY2006 -41 with Altman, Rogers, and Co. for $87,440 per year plus additional costs including, but not limited to, accounting assistance and support services, seconded by BRANSON Manager Gifford said the three proposals were reviewed and evaluated and Altman, Rogers, and Co. was selected. This contract allowed for a two -year extension. Assemblymember Stephens was pleased to see the funds staying in Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson 2. Contract No. FY2006 -42 Purchase of Two Dump Trucks for Baler/ Landfill Operations. WILLIAMS moved to approve Contract No. FY2006 -42 as a sole source contract with Alaska Truck Center of Anchorage, AK in an amount not to exceed $176,000, seconded by RANNEY Manager Gifford said the two trucks at the landfill required replacement. Both trucks were fully depreciated and, due to their age, repairs were becoming increasingly costly. The 1991 and 1994 International dump trucks were used to haul bales and cover material respectively. With the new emission standards for models built in 2007, they would require the use of ultra low sulfur fuel that may not be available in Kodiak for several years. These were International 7500 model dump trucks. Assemblymember Oswalt was concerned about purchasing an International truck Kodiak Island Borough Assembly Minutes May 18, 2006 Page 4 and referred to other makes that would be a better value. There was general discussion about the make of the trucks, the bid process, and the need for the Assembly to have additional information. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey B. RESOLUTIONS 1. Resolution No. 2003 -20E Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2003 -20E, seconded by BRANSON Manager Gifford said it was prudent financial management for the Borough to review its fees at least annually. Staff compiled a list of current fees and has recommended changes to the fee schedule for fiscal year 2007. There was general discussion about the garbage fees to bed and breakfast owners as well the cost to allow users to pay the Borough by credit card. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Wiliams, Abell, Branson, Jeffrey, Oswalt C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. JEFFREY moved to adopt Ordinance No. FY2006 -10 in first to public hearing on June 1, 2006, seconded by BRANSON Manager Gifford said this removes the $15 a year boat tax boats and vessels will be included in the annual Borough reading to advance so that the tax on budget process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney 2. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) BRANSON moved to adopt Ordinance No. FY2007 -01 in first reading to advance to public hearing on June 1, 2006, seconded by OSWALT Manager Gifford said this included funds to be spent and levied a tax on the real and personal property within the Borough as well as on natural resources extracted and removed from the Borough. This included funding the School District at their request. There was general Assembly discussion about the 1.75 mil increase for Monashka Bay Road Service Area, a reduction in the Borough's mil rate, cutting $400,000 from the pool, and one -time funds that may be received from the State. Kodiak Island Borough Assembly Minutes May 18, 2006 Page 5 Manager Gifford cautioned the Assembly that the Municipal Assistance Fund was a one time money. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens D. OTHER ITEMS 1. 2006 Alaska Coastal Conservation Program Grant Funds for Summit Lake ATV Trail Relocation Project in Coordination With the Kodiak Soil and Water Conservation District. BRANSON moved to accept 2006 Alaska Conservation Program Grant Funds in the amount of $23,500 for the Summit Lake ATV Trail Relocation Project in coordination with the Kodiak Soil and Water Conservation District, seconded by WILLIAMS Manager Gifford said the project would re -route approximately two miles of ATV trails in the vicinity of Summit Lake and the eastern lakeshore below mean high water. Removing traffic would reduce destruction of natural habitat necessary to sustain the areas of fish population. Community Development Director Ogle explained where Summit Lake was located. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Resignation of Parks and Recreation Committee Member. BRANSON moved to accept, with regret, the resignation of Murphy Forner from the Parks and Recreation Committee and directed the Borough Clerk to advertise the vacancy per Borough Code, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENTS Assemblymember Stephens hoped to have more public input in the budget process. He thought the Crab Festival Marathon could turn into a major race. Assemblymember Oswalt noted that the mil rate in Bay View Road Service Area was low because residents fill the pot holes. Assemblymember Jeffrey was pleased to see the paving project progressing. Assemblymember Branson congratulated Finance Director Short on receiving the budget presentation awards for the past 16 years and thanked Mr. Oswalt for filling in the pot holes in their service area. She hoped for open budget discussion. Assemblymember Abell recognized the numerous projects managed by Engineering /Facilities Department and affirmed the importance of prioritization. Kodiak Island Borough Assembly Minutes May 18, 2006 Page 6 Mayor Selby announced the Assembly would meet in a May 25 at 7:30 p.m. in the Borough Conference room Thursday, June 1, at 7:30 p.m. in the Assembly Cha The Assembly would meet with the City Council in a 30, 2006 at 7:30 p.m. in the Kodiak High School Co BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, The meeting adjourned at 10:38 p.m. ATTEST: Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough May 18, 2006 Approved: work session on Thursday, and a regular meeting on mbers. joint work session on May ommons. Jerome M. Selby, Mayor Assembly Minutes Page 7 KODIAK ISLAND BOROUGH Regular Assembly Meeting June 1, 2006 A regular meeting of the Kodiak Island Borough Assembly was held June 1, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of April 27 and Regular Meeting of May 4, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None. CITIZENS' COMMENTS Laurence Anderson thanked the Assembly for its past donations to the Senior Center. He urged the Assembly to fund the nonprofits with the same level as last year. Dr. Bob Johnson stated a proposal from B &B owners asking for a revision of their garbage rates based upon their income. Jake Jacobson spoke in support of property tax reduction. Robin Haight, B &B Owners Association President, spoke in support of Dr. Johnson's testimony. Anne Kalcic thanked the Assembly for its support of non profits. She encouraged the Assembly to reduced property taxes. Robert Gustafson urged the Assembly to consider charging the B &B's based on what they earned. Jim VanAtta spoke in support of Dr. Johnson's proposal. Jainan Fiala spoke in support of Dr. Johnson's proposal. Captain Dave Davis thanked the crossing guard volunteers. He noted their need of new equipments. Mayor Selby thanked Captain Davis for his outstanding job of coordinating the volunteers. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 1 Mary Monroe suggested reverting the B &B's garbage charge to residential rates during winter months. Steven Smith spoke in support of reducing the garbage fees for B &B's. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update. Dr. Mollie Tevrucht gave an update regarding the Corps of Engineer clean up efforts in Kodiak. She received a promotion; a new representative and Jeff Brownlee from Alaska Department of Environmental Conservation would continue to give updates to the Assembly. Mayor Selby appreciated the Corps of Engineers' effort in Kodiak. Scott Arndt, Architectural Review Board member, gave an update regarding the pool presentation received from ECI /Hyer. He urged the Assembly to discuss the presentation at its next work session. Reed Oswalt agreed with Mr. Arndt. He would like the Assembly to have a detailed discussion at the next work session. PUBLIC HEARING A. Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. JEFFREY moved to adopt Ordinance No. FY2006 -10, seconded by BRANSON Manager Gifford reported this ordinance would remove the $15 a year boat tax so that the tax on boats and vessels will be included in the annual Borough budget process. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams B. Ordinance No. FY2007 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) WILLIAMS moved to adopt Ordinance No. FY2007 -01, seconded by BRANSON STEPHENS moved to amend Ordinance No. FY2007 -01 by substitution that decreases the mil rate by .5 mils and eliminates the $400,000 transfer to Fund 420 for the new swimming pool, seconded by BRANSON Assemblymember Branson supported the amendment. Assemblymember Ranney noted the Alaska Municipal League worked hard to get the funding to communities. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell Mayor Selby opened the public hearing. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 2 Jim VanAtta said Kodiak Island Convention and Visitors Bureau (KICVB) should be required to account for its funds. He suggested holding allocated funds until such audit was conducted. Wally Johnson commended the Assembly for its consideration of reducing the mil rate. Pam Foreman noted KICVB finances were handled by a third party firm. Mayor Selby closed the public hearing. STEPHENS moved to further amend Ordinance No. FY2007 -01 to delete all funds appropriated for the Assistant Manager position, seconded by WILLIAMS Assemblymember Stephens was not convinced that there is a need to expand borough staff. Assemblymember Branson stated the number of projects and the need for additional help for the manager. Assemblymember Abell supported the amendment but would be open for further discussion in the future. Assemblymember Oswalt concurred, he would like more discussion regarding the position. Assemblymember Ranney opposed the amendment. He commented Manager Gifford needed some help to get the projects going. Assemblymember Jeffrey agreed it was time for Manager Gifford to have an assistant. Mayor Selby stated Manager Gifford needed the support to get the job done. Assemblymember Stephens noted this using $200,000 of fund balance. Assemblymember Williams was Assistant Manager position. June 1, 2006 Ordinance was adopting a deficit budget uncomfortable with a long -term commitment for the ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Williams, Abell (Noes); Branson, Jeffrey, Ranney (Ayes) Assemblymember Jeffrey queried if there was a need to KICVB. Mayor Selby suggested discussion at the next work Oswalt, Stephens, delete funding to session. RANNEY moved to amend Ordinance No.FY2007 -01, Section 5 to read "The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weighed less than 5 tons are exempt." seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey STEPHENS moved to reduce Fund 100 - 190- 448 -350 Kodiak College fund from $72,000 to $60,000 thus increasing Fund 100 -190- 448 -910 Funding /Non profits fund balance from $83,220 to $95,220, seconded by OSWALT Assemblymember Stephens would like more discussion regarding Kodiak College. Assemblymember Branson supported this amendment and did not consider this as a cut to the College. She would like further consideration when they get to the non - profit funding discussion. Kodiak Island Borough Assembly Minutes Page 3 Assemblymember Jeffrey opposed the amendment and said it was not timely to cut the Kodiak College budget. Assemblymember Williams understood Assemblymember Stephens intent. Assemblymember Abell would not support the amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Stephens, Williams, Branson, Oswalt (Ayes); Abell, Jeffrey, Ranney (Noes) Manager Gifford related the actual cost to operate the building used by Red Cross, Teen Court, and Special Olympics. He recommended showing this cost by increasing Health and Social Services Fund by $7,000 to allow these entities to budget for the increase. WILLIAMS moved to increase Fund 100 -185 Health and Social Services by $7,000, seconded by BRANSON Stephens, Williams, ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED SIX TO ONE: Branson, Jeffrey, Oswalt, Ranney (Ayes); Abell (No) BOROUGH MANAGER'S REPORT - Manager Gifford Manager Gifford reported the Board of Equalization completed their hearing of appeals on property valuations on Tuesday, May 23. The Assessing Department anticipated completion of the certified assessment roll by Friday, June 2. The Architectural Review Board interviewed finalists for the seismic and bond projects on Borough Hill last week and unanimously selected a firm to perform the work and selected an alternate, if the Borough was unsuccessful in negotiating a contract with the first firm. Staff hoped to have the ARB's recommendation and ECl/Hyer's cost estimate on the pool for the Assembly to review and discuss at its June 8 work session. The Engineering & Facilities Department met with a representative of the Alaska Department of Transportation who flew to Kodiak to review the following three road projects that have been funded for Kodiak Island Borough: $3.4 million - Otmeloi Way Improvements - State General Fund appropriation to provide paving, curb and gutter, sidewalks, streetlights and separated bike path; $1.4 million - Kodiak Roads - Federal Earmark appropriation project for bike trails to North Star Elementary School; and $1.0 million - Rezanof Drive Rehabilitation, Lighting and Intersection Safety Improvement - State General Fund appropriation to look at making the intersection of Mill Bay and Rezanof Drive safe. Staff was working with the engineering firm to determine the scope of work and a cost estimate for the Woodland Acres Paving District. After an eleven- minute break, Mayor Selby reconvened the regular meeting at 8:58 p.m. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby noted the increasing cost for the swimming pool. He requested the Manager to draft a letter to Rasmussen Foundation for possible grant funding. Assemblymember Branson fully supported the idea. Assemblymember Stephens recommended that Manager Gifford look into other sources of funding and share the information he finds to the Assembly Kodiak Island Borough Assembly Minutes June t, 2006 Page 4 UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor. JEFFREY moved to award Contract No. FY2006 -43 to Alaskan Industries, Inc. of Wasilla, AK in an amount not to exceed $129,400, seconded by OSWALT Manager Gifford reported this contract was for removal, disposal, and replacement of the gym floor at North Star Elementary School. This project was included in a Bond Project for floor covering for four schools. One bid was received from Alaska Industries, Inc. Assemblymember Stephens expressed his concerns regarding the contract noting the removal of the existing floor was not needed. There was general discussion about the warranty of the product due to the existing moisture problem in the current flooring. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Abell, Branson, Jeffrey, Oswalt, Ranney, Williams (Ayes); Stephens (No) 2. Contract No. FY2006 -44 Kodiak High School Asbestos Abatement and Floor Covering Replacement. WILLIAMS moved to award Contract No. FY2006 -44 to Commercial Contractors, Inc. of Anchorage, Alaska in an amount not to exceed $193,000, seconded by BRANSON Manager Gifford reported this was for removal and disposal of asbestos and replacement of floor coverings at the Kodiak High School. Four bids were received for this project and Commercial Contractors, Inc. furnished the lowest bid at $193,000. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission.) BRANSON moved to adopt Ordinance No. FY2006 -12 in first reading to advance to public hearing on June 15, 2006, seconded by OSWALT Manager Gifford noted the Commission found this rezone request was appropriate and necessary and they recommended the Assembly approve the rezone. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 5 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson 2. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) WILLIAMS moved to adopt Ordinance No. FY2006 -13 in first reading to advance to public hearing on June 15, 2006, seconded by OSWALT Manager Gifford reported the Planning and Zoning Commission held a public hearing on this request at their April 19, 2006 regular meeting. The Findings of Fact for this case was approved at their May 17, 2006 meeting. The Commission found this rezone request was appropriate and necessary, and they recommended that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 3. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to Not Allow the Borough to Contract With Those Entities. JEFFREY moved to adopt Ordinance No. FY2006 -14 in first reading to advance to public hearing on June 15, 2006, seconded by BRANSON Manager Gifford reported the Borough has had various vendors and contractors who have not paid tax levies, special assessment levies, charges for utility or municipal waste services, and other Borough fees. The Borough wishes to require every person, corporation, and other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the Borough. Assemblymember Stephens said this was not necessary and it was an unneeded ordinance. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Ranney, Williams, Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens (No) D. OTHER ITEMS 1. Confirmation of Borough Deputy Clerk BRANSON moved to confirm Marylynn McFarland as Borough Deputy Clerk effective June 12, 2006, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney Mayor Selby congratulated Clerk Nielsen and thanked her for her years of service to the Borough. CITIZEN COMMENTS Kodiak Island Borough Assembly Minutes June 1, 2006 Page 6 Louise Stutes would like to see formal notification in the future of Service Area Board's budget public hearings. She suggested the Borough get out of rental property business since it competes with private enterprise. Betty Walters, KIBSD Superintendent, thanked the Assembly for its continued support of education in Kodiak. Iver Malutin requested an update on the Anton Larsen boat ramp. Louise Stutes thanked Director Cassidy and his staff for their helpfulness in putting together information that she requested. ASSEMBLYMEMBER COMMENTS Assemblymember Williams noted the State was working on the abandoned vehicles issue. Assemblymember Stephens supported the recommendation from the B &B owners. He would like KICVB become more open regarding its meetings and proceedings. Assemblymember Ranney thanked Clerk Nielsen for her years of service and welcomed Marylynn McFarland in the Clerk's Office. Assemblymember Oswalt noted the escalating cost of the pool. Assemblymember Abell was glad the budget process went smoothly. Assemblymember Jeffrey appreciated the B &B owners for coming forward. She would like the concerns of Ms. Stutes addressed in the future. She congratulated the graduating High School seniors and High School Teacher Darcy Glagolich for receiving an award as a ProStart educator from the National Restaurant Association Educational Foundation (NRAEF). She welcomed Marylynn McFarland to the Clerk's Office. Assemblymember Branson wished Clerk Nielsen good luck. She asked Staff to schedule an AADC update. She welcomed Marylynn McFarland to the Clerk's Office. She intended the budget amendment for the College to create open discussion. Mayor Selby announced the Assembly would meet in a work session on Thursday, June 8 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, June 15, at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. BRANSON moved to postpone the Borough Manager's performance evaluation to the next regular meeting of July 6, 2006, seconded by ABELL Assemblymember Branson requested postponement since the Assembly dealt with a lot of items tonight. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 7 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams The meeting adjourned at 10p.m. ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 1, 2006 Page 8 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Recommended motion: Move to adopt Resolution No. FY2007 -01. Item No. 9.A Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The Assembly wanted to acquire an engineering estimate to determine the cost of paving the Woodland Acres Paving Assessment District prior to moving ahead with the paving project. Staff hired R &M Consultants, Inc. to provide engineering services for this cost estimate. Their work is completed, and the cost of the project including project management and finance services is $2,579,646. This information was sent to the residents within the paving assessment district along with public notices stating there will be a Public Hearing held by the Assembly on the issue. At this meeting the Assembly can choose to move ahead with the project, or terminate this effort. Staff held two joint meetings with the property owners and the Service District Board regarding this issue and presented the cost estimates. These costs are broken down into the following categories: Basic paving $2,058,747 Additive Alternate #1 $ 118,565 Additive Alternate #2 $ 162,334 Project Management $ 150,000 Finance Admin Fees $ 90,000 Project Total $2,579,646 This is a cost estimate only, as the final figure will only be determined upon completion of the project. Funding for the project will come from the Facilities fund which will be reimbursed through property assessments. The Borough Engineering and Facilities Department recommends taking testimony on and proceeding with the project, including additive alternates #1 & #2, for a preliminary cost of $2,579,646. APPROVAL FOR AGENDA: .e. ' /ZT % c CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -01 Requested by: Manager Gifford Drafted by: E &F Director Cassidy Introduced: July 6, 2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE PAVING OF ROADS IN THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT WHEREAS, on March 2, 2006, the Assembly approved Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way; and WHEREAS, on March 2, 2006, the Assembly also approved Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District; and WHEREAS, Resolution No. FY2006 -29 also authorized staff to determine the approximate cost to pave the roads within the district, including the engineering, design, and construction costs; and WHEREAS, upon receiving this information, staff was directed to provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another public hearing will be conducted to determine if the project should proceed; and WHEREAS, the cost to complete the project has been estimated by R &M Consultants, Inc. and is estimated to be $2,579,646 which includes the base bid and additive alternates #1 and #2; and WHEREAS, this resolution finds that the proposed improvement is necessary and of benefit to the properties to be assessed and that the district was initiated in accordance with KIBC 4.40.020; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT staff is directed to move forward with the paving of the Woodland Acres Paving Assessment District based on the estimated total cost performed by R &M Consultants, Inc (titled "Planning Level Estimates ") in the amount of $2,579,646 for three (3) inches of pavement, drainage and sanitary sewer improvement; and BE IT FURTHER RESOLVED THAT this project is proposed at 100% allocation to the benefited property owners and the method of allocation shall be on a "per lot" basis of the properties within the paving assessment boundary identified on the attached map which is made part of this resolution. Kodiak Island Borough, Alaska Resolution No. FY2007 -01 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 Page 2of2 I m J 4 O M a O. a C M e4 Oi 0 0 D th aD c0 evi Oi m Oi m 0 0 O N f0 t0 O t0 (0 0 (0 0(0(0(0(0(0(0(0(0(0(0 (0 a�D a a a W *HE Q N r M N cV ri N (V N N N r C of Ci rj r j 4.j 0 M ri M rM th M r N 0 0 cM ci M ch M r F- Z 49 X49CFA l A M H49 �cAM r N �fA 499 646,64w64 X43 fA �H�E9 (9 r MH � di o g J O O 0 0 000000 0 0 0 0 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 00.00 O O O O O O 0 0 0 0 00000 0 0 0 0 O O ....0 O O O O cV O N M cV N (V cV N cV cV O cn N c[j N c(j uj ccj ccj uj N ccj N c') (9 z M N M M M .mm.. 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'PRESTON L 'WENDY C IVAN CUREN 1 (RANDY J 1 'FISHER 1 1TY 'CHERYL IROUSE I 1 1 (ESTATE OF El 'EDWARD 1 IREFT ETAL 1 'KENNETH A IMARY BETIiBOUWENS I ICINDY I IBLONDIN -WIT] IJOHN F 1 IRAUWOLF 1 'MARGARET IJOHN IRAUWOLF J (ROBERT (ELIZABETH (JOHNSON 1 ITUOI VAN FRANCES ILE . 1 NOSNVHI 1 invd1 'PAMELA 1 ISPENCER 1 [RENATO ICORAZO 'ASUNCION ..... IJ. I KATHERINEINUGENT IOTTO 'REBECCA IMAHLE 'CARL 'PEGGY INEKEFEROFFI OIOIVNI 3NNVI MIWOJ.IAI KODIAK ISLA DAVID JEANNE BILLINGS . 'MARTIN AARY IHECKERMAN ROBERT 1ARY SIBERT 3528 HARLEQUIN CT $33,000 $ 39.39 $13,794.90 SCOTT fARA WOODILL 3516 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 $ 13,039.39 $ 13,794.90 GUNNULF SVINDLAND 3504 HARLEQUIN CT $34,000 $13,434.52 $13,794.90 KENNETH KATHIE NELSON 314 CURLEW WAY $32,500 $12,841.82 $13,794.90 STEPHEN ELOISE LENHERT 3498 HARLEQUIN CT $35,000 $13,829.66 $13,794.90 $ 13,829.66 $ 13,794.90 JOHN CHRISTINE ABELL SR. 3490 HARLEQUIN CT $32,000 $12,644.26 $13,794.90 $ 12,644.26 $ 13,794.90 KATHLEEN A SKINNER TRL 3484 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 PATRICK VIRGINIA MCCARTY 3464 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 BRIAN DARLENE SPROAT 3440 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 KATHLEEN CARLSEN 3430 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 JOSE BRAVO 3422 HARLEQUIN CT $33,000 $13,039.39 $13,794.90 BRYAN KATRINA FERRIS 3408 HARLEQUIN CT $35,000 $13,829.66 $13,794.90 $ 13,829.66 $ 13,794.90 JOSEPH JACQUELIN SAN 3490 PUFFIN DR $32,500 $12,841.82 $13,794.90 CLIFFORD GERTZ ETAL 3405 HARLEQUIN CT $35,000 $13,829.66 $13,794.90 ANDREW SHARON NAULT 3415 HARLEQUIN CT $32,500 $12,841.82 $13,794.90 STANLEY AMY REIFF SR. 3425 HARLEQUIN CT $35,000 $13,829.66 $13,794.90 RYELAN LONG 330 SEAQUAIL WAY $32,500 $12,841.82 $13,794.90 HUGH LINDA MOORE 3416 PUFFIN DR $32,500 $12,841.82 $13,794.90 JOHN STELZER 3406 PUFFIN DR $32,500 $12,841.82 $13,794.90 TEMPE BERESTOFF 3478 PUFFIN DR $32,500 $12,841.82 $13,794.90 $ 12,841.82 $ 13,794.90 MICHAEL ALEXA LLOYD 3470 PUFFIN DR $32,500 $12,841.82 $13,794.90 LILIA MARIO LLEDO 3462 PUFFIN DR $32,500 $12,841.82 $13,794.90 TY QUESTA HARPER 3454 PUFFIN DR $32,500 $12,841.82 $13,794.90 TROY D SHIRLEY J JONES SR 3444 PUFFIN DR $33,000 $13,039.39 $13,794.90 WES DEBRA WILEY 335 SEAQUAIL WAY $32,500 $12,841.82 $1 3,794.90 NICHOLAI SHOLL 73673 GULL DR $35,000 $13,829.66 $13,794.90 CHRISTOPHER PEGGY TUTTLE 390 PLOVER WAY $32,500 $12,841.82 $13,794.90 $ 12,841.82 $ 13,794.90 LESTER BONNIE RUSSELL 3681 GULL DR $37,500 $14,817.49 $13,794.90 $ 14,817.49 $ 13,794.90 LESTER BONNIE RUSSELL 3689 GULL DR $37,000 $14,619.92 $13,794.90 $ 14,619.92 $ 13,794.90 GORDON CONSTANC JENSEN 3701 GULL DR $35,000 $13,829.66 $13,794.90 $ 13,829.66 $ 13,794.90 ROMMEL IRMINA MANZANO 3707 GULL DR $32,500 $12,841.82 $13,794.90 LESTER L BONNIE RUSSELL 3713 GULL DR $32,500 $12,841.82 $13,794.90 $ 12,841.82 $ 13,794.90 JULIE MEIER 3719 GULL DR $30,900 $12,209.61 $13,794.90 $ 12,209.61 $ 13,794.90 HEIDI M MOODY 3725 GULL DR $32,500 $12,841.82 $13,794.90 $ 12,841.82 $ 13,794.00 LONNIE N MICHELE D GONZALES 3731 GULL DR $33,500 $13,236.96 $13,794.90 $ 13,236.93 $ 13,794.00 WILLIAM CARLA HARSCH 3739 GULL DR $29,200 $11,537.89 $13,794.90 $ 11,537.89 $ 13,794.90 JOHN PETERSON, E 465 SHEARWATER W $30,000 $11,853.99 $13,794.90 RUTH WINE 481 SHEARWATER W $30,000 $11,853.99 $13,794.90 $ 11,853.99 $ 13,794.90 ZACHARY AMY JONES 493 SHEARWATER W $33,900 $13,395.01 $13,794.90 REBECCA FOBES 3735 AUK CIR $35,000 $13,829.66 $13,794.90 $ 13,829.66 $ 13,794.90 KEVIN KIM KING 3758 AUK CIR $37,500 $14,817.49 $13,794.90 RUSSELL & G 3752 AUK CIR $39,500 $15,607.76 $13,794.90 $ 15,607.76 $ 13,794.90 WILLIAM MCCARTHY 3740 AUK CIR $28,000 $11,063.73 $13,794.90 DAISY JOHNSTON 3724 AUK CIR $30,000 $11,853.99 $13,794.90 MARLENE HUGHES 533 SHEARWATER W $30,000 $11,853.99 $13,794.90 KAREN ENGLUND 524 SHEARWATER W $34,000 $13,434.52 $13,794.90 TIFFANY PETER VANSICKLEN 3749 GULL DR $29,200 $11,537.89 $13,794.90 $ 11,537.89 $ 13,794.90 EDWARD JANICE COE 512 SHEARWATER W $38,000 $15,015.06 $13,794.90 $ 15,015.06 $ 13,794.90 CHAD GARLAND 504 SHEARWATER W $34,000 $13,434.52 $13,794.90 $ 13,434.52 $ 13,794.90 106'46L'£1 $_ 106'46L'£1 $ $ 13,794.90 106176L'£1 $ 106'46C£1 $ $ 13,794.40 0 A C6 r 69 $ 13,794.90 1 $ 13,794.901 1 06176E2 $1 $ 13,794.90 1 M CO Ci 03 CO 4A a V 10646f £1.1 10646/E 1E 106'46L'£l; I06'46L'£15 _ 106176L'CI.E I06'46L'CS ;13,794.90 $ 12,841.821 1 106176E20 03,794.901 $ 12,209.61 1 03,794.901 $ 9,641.25 1 03,794.901 $ 12,209.61 1 03,794.901 $ 12,209.61 1 1 106'46L'£l? 03,794.901 $ 13,829.66 1 613,794.901 1 613,794.901 1 613,794.901 1 613,794.901 1 106'46/£19 613,794.907 1 613,794.90 613,794.90 $ 13,829.66 613,794.90 $ 13,276.471 613,794.90 $ 13,118.421 613,794.90 $ 13,236.96 03, 794.90 $ 13, 632.09 1 613,794.90 613,794.901 613,794.901 $2,579,646.00 $ 830,254.55 07 07 07 07 Sr Sr 07 Sr •27 07 166'£99'11$ $13,434.521 $13,434. $13,434. $11,853.991 166'£58'11$ IZ8' wet l$ $12,841.821 $12,209.611 19Z•l49'6$ 11.9"602 119'60Z'Zl$ $11,853.991 $13,829.66 1z9 149t$ 16C4ZZ'4l$ $12,841.821 $13,236.961 $13,829.661 128' l48'Z l$ 199"629t1$ ( O! W fM t O) C th !9 N d ' V M c6 $13,276.471 $13,118.421 196'9£2'£1$ 1 $13,632.091 $13,039.39 £9'16£'64$ 1 6Z'841.'69$ 1 O N C O M tO N. co O N CO t9 0 O to cO to N. 10 N H 1000'0£$ 1000'4£$ 1000'4£$ 1000'4£$ 1000'0£$ 1000'0£$ I00S'Z£$ 1005'2£$ 1006'0£$ 1004'42$ 1006'02$ 1006'0£$ 1000'0£$ $35,000 'owns 1000'9£$ (009'2£$ 1005'££$ 1000'9£$ 009'ZE$ 000SE$ O O 0 o�) t9 O O 0 M 40 0 0 O A 03 009'££$ 00Z'EE$ 009'EE$ 009'4£$ $33,000 000'SZl$ 000'9L1$ 0 0 to NI: 40 O O 10 c6 CO O N N - III CD SHEARWATER W1 SHEARWATER W1 SHEARWATER W1 SHEARWATER W1 SHEARWATER W1 GULL DR GULL DR GULL DR GULL DR GULL DR GULL DR GULL DR SHEARWATER W PUFFIN CIR PUFFIN CIR j (PUFFIN CIR 1 1 HJIO Nlddfld'I PUFFIN CIR PUFFIN CIR 1 2110 Nlddfld PUFFIN CIR a' 5 z D a re U 0 O 0 } Q 3 W OJ a cc ICoH0 CIR WWO OHOO ato OHOO ato OHOO WOLVERINE WA 'WOLVERINE WA11 'WOLVERINE WAl{ 1864 - 1064 1284 -- 1014 IZ94 18L9E PLC OSC£ IZtLE 19£LE SZL£ IOZL£ I£S4 099£ 1949£ 1£S9E 1119£ [969E I£OL£ 1 IILL£ 1001£ I o C M tD C O t+) co CO CO co IOZBE 1 IZ08£ Ill9£ 1629€ 00 co 01 co IL£6E 1046E I 3416 1 THOMSEN (NELSON ETA(' IYATSIK 1 IMAGNUSEN 1 SABANGAN SIMMONS RUSSELL ETA I W INEGARDEI'I (RUSSELL ETF1 IOLSEN 1 RUSSELL (RUSSELL ET,I (POWERS DAUGHERTY ENERGY PLUI 1PUTNAM 1 ENERGY PLUI (ENERGY PLUI 1 NOJN391 1 NOINBSI GLIOZNVS a a w I- Z r w z a a a w I- w z f 'HOLLOWAY 1 'ARMSTRONG' 1 NOSa3GNVI 'FARMER 1 KODIAK VEN 1MK ENTERPRI KODIAK COM STEVE MICHELE MELANIE REM STACEY 1 VNv rinr BONNIE 1 1 HVHVS J W Q U K I AavwI 'CYNTHIA I 1 VSIl ILORETTA 1 Na 1 AOU1I BBENJAMIN 1 IBROCK 'LESTER 'JEFF D. 1 [LESTER 1 3lla.lW1 'LESTER [LESTER I NHOf 1 BRIAN 'RICHARD 1 'LLOYD 1 NVHIVNI [JEFFREY 0 K 0 Q Hd3SOf1 IDANIEL NVIa8I IDANIEL ZACHARY OPPOSED KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: July 6, 2006 TO: Borough Assembly THRU: Rick Gifford, Manager 0 FROM: Bud Cassidy, Director of Engineering and Facilities I Wj Stith Woodland Acres Paving — Options l � I. Introduction Attached are options to proceed with some form of paving for Woodland Acres should the recommendation on the table fail. These options came from the work session discussions by the Assembly and from staff discussions. This effort was done to try to perform some kind of paving in the assessment district, knowing that the price of asphalt continues to increase. All options are on a "per lot basis" vs a "per lot value basis. A. OPTION #1 — Black Option This is the option that was sent to residents in the assessment district and includes the additive alternates for drainage and sanitary sewer. The total project cost for this option is $2,579,646. In this option, the price for the project remains the same, but staff has expanded the terms of financing the project (the original term was for 15 years at 7.5% interest). You can see how the payments change based on the change of terms. B. Option #2 — Green Option This option would pave just the main streets (Curlew, Gull and Puffin) with 3" of asphalt and not pave the cul- de -sacs (see map) The drainage on Sean Circle would also not be addressed. The sanitary sewer (grinder pumps) would not be included in the project. This green option lowers the project cost from the option #1 estimate of $2,579,646 to $1,104,835. Staff has also provided a matrix of rates and interests rates to finance the project. C. Option #3 — Purple Option This option would pave the main roads with 3" of asphalt while paving the cul -de -sacs with 2" of asphalt. The sanitary sewer improvements and the drainage improvements would not be part of the project. This purple option reduces the price of the original proposal from $2,579,646 to $2,077,947. Again staff has provided a matrix for overall finance costs based on changes in the term and interest rate. II. Conclusion These options are based on discussion at both the assembly level and the staff level. All prices are estimates as the project has not gone out for competitive bid. Final project costs will be determined at the end of the project when actual costs are available. At that time the Assembly will hold another public meeting and set the final assessments for district. OPTION #1 This is the original proposal; complete paving of all streets plus utility systems upgrades (on a "per lot" basis) Construction $2,339,646 Management $240,000 Total Cost $2,579,646 Monthly Payment 15 20 25 30 5.5% $112.72 $94.89 $84.71 $78.33 6.5% $120.17 $102.85 $93.14 $87.19 7.5% $127.88 $111.13 $101.94 $96.46 Annual Payment 15 20 25 30 • 5.5% $1,374.32 $1,154.35 $1,028.40 $949.16 6.5% $1,467.13 $1,251.98 $1,130.93 $1,056.38 7.5% $1,562.79 $1,353.17 $1,237.55 $1,168.03 Total Payment (sum of annual pmts) 5.5% 6.5% 7.5% 15 $20,614.87 $22,006.89 $23,441.79 Original teens proposed 20 $23,086.96 $25,039.51 $27,063.44 25 $25,710.02 $28,273.16 $30,938.74 30 $28,474.90 $31,691.34 $35,040.93 OPTION #2 Paving of main streets only: Curlew Way, Gull Drive, and Puffin Drive; no sewer or drainage improvements (on a "per lot" basis) Construction Management Total Cost $864,835 $240,000 $1,104,835 Monthly Payment 15 20 25 30 5.5% $48.27 $40.64 $36.28 $33.55 6.5% $51.47 $44.05 $39.89 $37.34 7.5% $54.77 $47.60 $43.66 $41.31 Annual Payment 15 20 25 30 5.5% $588.61 $494.39 $440.45 $406.52 6.5% $628.35 $536.21 $484.36 $452.44 7.5% $669.32 $579.55 $530.03 $500.26 Total Payment (sum of annual pmts) 5.5% 6.5% 7.5% 15 $8,829.13 $9,425.32 $10,039.87 Original terms proposed 20 $9,887.90 $10,724.15 $11,590.98 25 $11,011.33 $12,109.09 $13,250.73 30 $12,195.50 $13,573.06 $15,007.66 OPTION #3 Paving main streets with 3" asphalt; cul -de -sacs with 2" asphalt; no sewer or drainage improvements (on a "per lot" basis) Construction $1,837,947 Management $240,000 Total Cost $2,077,947 5.5% 6.5% 7.5% 5.5% 6.5% 7.5% 5.5% 6.5% 7.5% Monthly Payment 15 20 $90.79 $76.44 $96.80 $82.85 $103.01 $89.52 Annual Payment 25 $68.24 $75.03 $82.12 15 $1,107.04 $1,181.79 $1,258.85 20 25 $929.85 $828.39 $1,008.49 $910.98 $1,090.00 $996.87 Total Payment (sum of annual pmts) 15 $16,605.62 $17,726.91 $18,882.74 Original terms proposed 20 $18,596.92 $20,169.73 $21,800.04 25 $20,709.84 $22,774.49 $24,921.66 30 $63.09 $70.24 $77.70 30 $764.57 $850.93 $940.87 30 $22,937.00 $25,527.89 $28,226.04 e ten tz-- u n n mg C 7 C 3 7 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -01 Requested by: Manager Gifford Drafted by: E &F Director Cassidy Introduced: July 6, 2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE PAVING OF ROADS IN THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT WHEREAS, on March 2, 2006, the Assembly approved Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way; and WHEREAS, on March 2, 2006, the Assembly also approved Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District; and WHEREAS, Resolution No. FY2006 -29 also authorized staff to determine the approximate cost to pave the roads within the district, including the engineering, design, and construction costs; and WHEREAS, upon receiving this information, staff was directed to provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another public hearing will be conducted to determine if the project should proceed; and WHEREAS, the cost to complete the project has been estimated by R &M Consultants, Inc. and is estimated to be $2,579,646 which includes the base bid and additive alter es #�� #2; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT staff is directed to move forward with the paving of the Woodland Acres Paving Assessment District based on the estimated total cost performed by R &M Consultants, Inc (titled "Planning Level Estimates ") in the amount of $2,579,646 for three (3) inch of pavement, drainage and sanitary sewer improvement; and BE IT FURTHER RESOLVED THAT this project is prop property owners and the method of allocation shall be paving assessment boundary identified on the atta resolution. ATTEST: Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska 1 • • • ed at 100% al y "lot value" of ed map w Ion to the benefited e roperties within the is made part of this (1 b l'S ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLANb BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH 'ch Jerome M. Selby, Borough Mayor Resolution No. FY2007 -01 Page 1 of 1 KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: June 26, 2006 TO: Borough Assembly FROM: Bud Cassidy, Director, Engineering and Facilities Department SUBJ: Woodland Acres Paving District — Estimated Costs I. INTRODUCTION In February the Assembly passed resolution 2006 -28 initiating the Woodland Acres Paving Assessment District. The Assembly also passed resolution 2006 -29 directing staff to perform the necessary engineering in an effort to determine the cost of paving. Both of these resolutions were adopted with the goal of providing the members of the assessment district the cost of the project and how much their property would be assessed if the project proceeded. The costs associated with the project have been determined and we have calculated the impact that the project will have on individual property owners. As directed by the code, a public notice was sent to all properties affected by the project with an estimated cost to perform this work. The Assembly will now take public testimony from members of the assessment district and decide whether or not to proceed. II. HISTORY OF THE WOODLAND ACRES The Woodland Acres Paving Assessment District includes 8 different subdivisions served by the roads scheduled to be paved. These subdivisions were approved at various times in the last two decades. The first subdivision was approved in the mid 1980's. The last subdivision in the area is pending and will include 6 more lots lot subdivision pending. Each of these subdivisions has had separate drainage that is only lately being looked at in a comprehensive manner. III. ESTIMATED COSTS a. Paving Costs The cost to perform the paving of the paving district is $2,058,747 (See "Planning Level Estimate Cost Sheet). Of that cost, half or $1,018,000 is for asphalt. Another $626,255 is for shaping the road and driveway approaches and preparing them for paving (See pay items 204(3C), 205(2) and 818(1). Added to this basic paving cost are two critical project additions. b. Additive Alternate #1 - Sanitary Sewer Improvements Additive Alternate #1 is the cost associated with running sewer line services to the property line from the sewer main in the middle of the driving lane for up to 12 residents that are now served by "grinder pumps" These pumps were the only method of moving waste water from the 2 approved subdivision in the paving district which was also constructed in the mid 1980's. Grinder pumps are used to move wastewater uphill to a point where gravity can take over and the wastewater generated can enter the sewer main collection system. Since the time of this original subdivision approval, 6 other subdivisions have been approved and a more extensive wastewater system is now in place that does not used grinder pumps. • This additive would not connect residents to the sewer lirfe, that is the responsibility of the homeowner. It would extend a gravity line service to the property line. Once folks decided to hook up to the new sanitary system (it may not be the current owner) the line is available without cutting into the new pavement. The cost for additive alternate #1 is $118,565. c. Additive Alternate #2 — Drainage Improvements The second Additive Alternate is storm drain improvements in Sean Circle. This second alternate will address a long standing drainage issue. Sean Circle drainage ditches handle water not generated in the subdivision, but water that comes from off -site. This is water that drains KANA, and the KANA ball fields. portions of Mill Bay Road, Woody Way etc. The service district board agreed that this alternative should be included in the cost of the project. The cost of this second alternate is $162,334. d. Other Construction Management and Administrative Costs Beside the above construction costs, there are administrative costs associated with the project. The costs can be broken down into construction management costs and finance costs. The construction management costs include those associated with managing the paving project. It specifically includes things like bid document preparation, project surveying and final construction drawings projection, inspection costs etc. These costs are estimated to be $150,000. Finance costs associated with managing the accounts of the 187+ property owners is expected to cost $90,000 over the 15 years life of the project. Below is a breakdown of all costs: Construction Costs Additive Alternate #1 Additive Alternate #2 Project Management Financial Admin Fees Project Total $2,058,747 $ 118,565 $ 162,334 $ 150,000 $ 90 000 $2,579,646 IV. SERVICE AREA BOARD RECOMMENDATION The Service Area has held two public meetings with members of the assessment district to take input and to make recommendations. Based on public testimony, the service district is recommending that the project proceed and include both additive alternates. The service district felt that they both be included to bring this whole area up to standard. The drainage issues along Sean Circle are not caused folks living in Sean Circle, but from off site as the area above Sean Circle and away from the assessment district is developed. Those residents on grinder pumps had no alternatives to address waste water when the subdivision was developed. The service area felt that there is a need to have all the structures on gravity sewer, even if the present occupant does not want to pay to tie into the gravity system at this time. V. FINAL COSTS It is only after the project is complete and all costs are known that assessments are attached to the properties (KIBC 4.40.070). Should this project move forward, the anticipated date of project completion would be late summer of 2007. The Assembly will then hold another public hearing. After the meeting the final assessments will be assigned to each parcel, and the roll confirmed by Assembly resolution. That resolution will also determine how the assessments will be paid, what interest rates will be charged etc. VI CONCLUSIONS Staff has provided the information requested by the Assembly. We have hired an engineering firm to perform the cost estimate. They are based on the best information for paving roads on Kodiak. We have held two public meetings on the project and have had it reviewed by the road service board. Individual information on how the cost of the project will affect property owners have also been mailed out. What remains is the voice of the public weighing in on the costs. • Woodland Acres Paving District Budget Construction Costs a. Option #1 $1,790,215 $268,532 $2,058,747 b. Sanitary Sewer $103,100 $15,465 $118,565 c. Sean Circle $141,160 $21,174 $162,334 total $2,339,646 Project Management a. Inspect and Manage $100,000 b. design, survey, bid $50,000 Project Accounting a. Loan management $90,000 Grand Total $2,579,646 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH • WOODLAND ACRES PAVING DISTRICT Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 6,690 Tons Leveling Course - D -1 (Per Ton) $43.00 $287,670 206(1) 100 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 5,090 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $1,018,000 702(1 -18) 5 LF Furnish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 7040 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 8050) Lump Sum Construction Survey Measurement (Per Lump Sum) $25,000.00 $25,000 8140) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 8150) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 8160) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 8180) 67217 SF Pave and Grade Driveway (Per Square Foot) $5.00 $336,085 TOTAL $1,790,215 15% Contingency $268,532 TOTAL $2,058,747 ADDITIONAL PRIVATE DRIVEWAY COSTS (WITHIN THE RIGHT -OF -WAY, BUT GREATER THAN 24' WIDTH) 818(2) 11008 SF Pave and Grade Private Driveway (Per Square Foot) $5.00 $55,040 Page 1 of 1 TOTAL $1,845,255 15% Contingency $276,788 TOTAL $2,122,043 v PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #2 Storm Drain Improvements - Sean Circle Pay Item Estimated 'Description of Item Unit Total No. Quantity Specification No.. Price Cost 204(3C) 140 Tons Classified Material, Type C (Per Ton) $25.00 $3,500 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $30,000 207(4) 200 Feet Removal of Culvert Pipe (Per Foot) $10.00 $2,000 702(3 -18) 6 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $390 702(3 -24) 761 LF Furnish and Install 24 Inch CPP, Type S (Per Linear Foot) $70.00 $53,270 704(1 -1) 3 Each Construct Storm Drain Manhole, Type 1 (Per Each) $5,000.00 $15,000 - 704(1 -2) 4 Each Construct Storm Drain Manhole, Type 2 (Per Each) 58,000.00 $32,000 704(2) 1 Each Construct Storm Drain Catch Basin (Per Each) $5,000.00 $5,000 Page 1 of 1 TOTAL $141,160 15 Contingency $21,174 TOTAL $162 334 s 0 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #1 Sanitary Improvements - Curlew Way and Gull Drive Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $30,000 502(1) 510 LF Furnish and Install 8" Sewer Main (Per Linear Foot) $70.00 $35,700 503(1A) 3 Each Construct Sanitary Sewer Manhole, Type A (Per Each) $6,000.00 $18,000 506(1) 3 Each Construct Beaver Slide (Per Each) $300.00 $900 508(4) 9 Each Sewer Service (41 (Per Each) $2,000.00 $18,000 510(1) 1 Each Sanitary Sewer Cleanout (Per Each) $500.00 $500 Page 1 of 1 TOTAL $103,100 15% Contingency $15,465 TOTAL $118,565 • • KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -28 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH INITIATING THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT TO PAVE AUK CIRCLE, COHO CIRCLE, CURLEW WAY, GULL DRIVE, HARLEQUIN COURT, PATRICK COURT, PLOVER WAY, PUFFIN CIRCLE, PUFFIN DRIVE, SEAN CIRCLE, SEA QUAIL WAY, SHEARWATER WAY, TEAL WAY, AND WOLVERINE WAY WHEREAS, Kodiak Island Borough Code Chapter4.40 provides for the creation of an assessment district within an established service area leading to the improvement and paving of roads; and WHEREAS, a petition was submitted in December 2002 by property owners requesting that the assembly create an assessment district to pave roads in their neighborhood; and WHEREAS, on April 15, 2003 the Assembly held a public hearing and directed the manager to prepare a resolution to determine whether to proceed with the proposed assessment; and WHEREAS, a resolution was not forthcoming and no additional action was taken; and WHEREAS, the assembly desires to resume the project and finds that providing assessment district property owners with the estimated costs of the paving project for their review and approval prior to the Assembly authorizing construction is appropriate; and WHEREAS, once the cost of the paving project is determined, the assembly intends to hold another public hearing prior to authorizing construction; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive; Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way is hereby initiated. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY 2006 KODIAK ISLAND BOROUGH Kodiak Island Borough Alaska Illgtroduced by: Requested by: Dratted by: Introduced: Adopted: Failed to Reconsider: Manager Gifford Assembly Borough Clerk 02/16/2008 02/18/2006 03/02/2008 Resolution No. FY2006 -28 Page 1 of 1 • • • KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -29 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING TO PROCEED WITH THE PROPOSED WOODLAND ACRES PAVING PPROXIMATE DISTRICT AND E THE ROADS WITHIN THE D DETERMINE THE DISTRICT WHEREAS, once an assessment district has been initiated, Kodiak Island Borough Code 4.40.050 requires the Assembly to hold a public hearing on the necessity of the proposed improvement and WHEREAS, a notice of public hearing in the proper form was duly published and mailed to affected methods of allocating costs of the proposed assessment district, the the purpose of he hearing, and the method for protesting and objecting to the action under consideration; and WHEREAS, after the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement; and WHEREAS, a petition was submitted in 2002 by residents requesting that the Assembly create an assessment district to paw roads in their neighborhood; and WHEREAS, the boundary of the assessment district and the properties that will be assessed is identified as those lots served by Puffin Drive, Sean Circle, Sea Quail Way, Harlequin Court, Puffin Circle, Patrick Court, Curlew Way, Gull Drive, Teal Way, Shearwater Way, Auk Circle, Plover Way, Coho Circle, and Wolverine Way and as identified in a boundary map and spreadsheet tilted Woodland Acres Paving Assessment District, both attached Wth this resolution; and WHEREAS, the method of allocation of the costs of this work shall be based on a per lot value basis of each parcel in accordance with KIBC 4.40.140(E). The parcel having multiple accesses to their property, one by a state road and the other by a road within this assessment district, will be assigned a 50% assessment allocation of their normal full assessment as if it were not served by a state road. WHEREAS, the Borough Manager has prepared a proposed assessment roll containing a brief description of each property to be assessed, the name of the record owner and determined the method of assessment allocation. NOW, THEREFORE improvement is BE T d RESOLVE BY of THE ASSEMBLY LY O F Ts E to b e KODIAK ISLAND BOROUGH that the NOW, THEREFORE BE IT FURTHER RESOLVED that engineering work will be performed to Q provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another Assembly public hearing will be conducted to determine if the project should proceed. Kodiak Isiand Borough Alaska w ced by: Requested by: Introduced: Adopted: Intent to Reconsider Failed for Lack of a Motion: Manager Gifford Assembly 02/16/2006 02/16/2006 03/02/2008 Resolution No. FY2006 -29 Pace 1 of 2 June 21, 2006 Irodihk IslandBoroagh Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 E -mail: niavierMib.co.kodiak.ak.us NOTICE OF PUBLIC HEARING AUTHORIZING CONSTRUCTION FOR THE PROPOSED WOODLAND ACRES PAVING DISTRIC To Woodland Acres Paving Assessment District Resident: The Kodiak Island Borough will hold a public hearing on Thursday, July 6, 2006 at 7:30 p.m. in the Borough Assembly Chambers, Room 232, 710 Mill Bay Road, Kodiak, AK for the purpose of hearing comments regarding the Proposed Woodland Acres Paving District. Description of the Improvement: This project is proposed at 100% allocation to the benefited property owners. The improvements will be based on the estimated total cost of $2,579,646 for three (3) inches of pavement, drainage and sanitary sewer improvement. The assessments will be paid annually for fifteen years at the interest rate of 7.5 %. The map of the area to be paved is attached. Amount estimated or actual assessment against your property: Based on the option decided by the Assembly, your estimated assessment and annual estimated payment may be one of the options found on the attached spreadsheet. A copy of the full record is available for public inspection at the Clerk's Office from 8 a.m. to 5 p.m., Monday through Friday. Per KIBC 4.40.040 Protest. A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if filed with the clerk no later than 5:00 p.m. on the last day the borough offices are open prior to the day of the public hearing. (Protests must be filed no later than 5:00 p.m. on Wednesday, July 5, 2006.1 During the public hearing, speakers will be allowed to speak before the Assembly for five (5) minutes. The toll -free number to call is (800) 478 -5736 and the local number to call is 486 -3231. PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: Mailing Address: Comments: Please return this form by fax to 486 -9391, Email to niavierkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesday, July 5, 2006. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. June 20, 2006 Dear Woodland Acres Resident: Kodiak Island Borough Engineering and Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9343 Fax (907) 486 -9394 bcassidy(a,kib.co.kodiak.ak.us Re: Public Hearing — Cost Estimates associated with the paving of roads within Woodland Acres Paving Assessment district At its February 16, 2006 meeting, the Kodiak Island Borough Assembly passed Resolution No. FY2006 -29 to proceed with engineering services needed to determine costs of performing work associated with paving of roads within the Woodland Paving District; and to provide District residents with the estimated costs to complete the project. The Assembly also directed, once these costs are determined, another public meeting be conducted in order to decide if the project shall proceed. A formal notice of public hearing from the Borough Clerk's office per Kodiak Island Borough Code (KIBC) 4.40.50 is attached with this letter. The public hearing will be held on Thursday, July 6, 2006, at 7:30 p.m. in the Borough Assembly Chambers. At this meeting, the Assembly will review all information and decided whether the paving and associated improvements (drainage and sanitary service improvements) within the Woodland Acres Paving Assessment District shall proceed, and properties be assessed to pay for these improvements. The manner, term, interest rate, and the estimated amount that each property will be assessed will be determined by the Assembly at this meeting. A copy of a spreadsheet is attached that shows what each property owner can be expected to annually pay for this project. It is important to review the costs indicated in the yellow and blue columns. The yellow column is the amount the property owner will be annually assessed if the Assembly determines the method of assessment is done by Lot Value. The blue column is the amount property owners will be annually assessed if the method of assessment determined b the Assembly is based on an equal share of the expenses by each property in the Assessment area . Final assessment amounts will be determined and approved by the Assembly at the future public meeting and once all actual construction costs are known. cc: Rick Gifford, Borough Manager Bud Cassidy, Engineering and Facilities Director Nova Javier, Borough Clerk Tom Anderson, Borough Assessor Chapter 4.40.040 of the KIBC (attached), describes the procedure property owners must follow in order to protest assessments. The KIBC is also available on our website at www.kib.co.kodiak.ak.us. Should you have any questions or need additional information, please contact the Kodiak Island Borough Engineering and Facilities Department at 486 -9343. 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Z S 0 C 0 m A m 01 N O O O m N w o CO CO 0 0 0 F0 m 2 b O N O q N co 00 y m m 49 se NN W 4) W J J J (0 CO CO O CO O W CO J 0 O N O So co co m CO CO co O W O 8 O 01 M m 0 ao ro c- > r 2 m b O O w O 8 N O w N 0 CO CO S m co O O 01 M m 0 u 49--- W W W W co (0 CO CO A A A (0 (0 CO 0 3 00 m N A m 8 O r Co 0 X r r r N D Y W IJ 8 r r 0 0 5 0 Z 0> ` >4 m m 0 M • oN ti ; r 0 v ti 49 CO 00 to ty Ng3p spl (Ntnnt C > _ + y 0 > N p A O O b g C 0 8 0 0 0 O N O gr; p PROPOSED WOODLAND ACRES PAVING DISTRICT Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 9.B State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Applicant: The Kishan Group Inc.) 5.01.030 New license and transfer procedure. B. The assembly after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. After investigation, it has been determined that the borough has NO interest that can be protected by protesting the approval of the application for transfer. There have been no trouble reports. We sent seventeen public hearing notices on June 1 and another set on June 9 to notice the rescheduled meeting of June 15 to July 6, 2006. APPROVAL FOR AGENDA: o.0 640 Recommended motion: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK (Applicant: The Kishan Group Inc.) Member /Officer/Director: DOB Address Phone Title /Shares ( %) Ranjit S Johal 2/11/56 1672 Starr St. Yuba City CA 530- 300 -7319 President 25% Barindor K. Johal 8/19/60 1672 Starr St. Yuba City CA 530- 300 -7319 Director 25% Lalchrir K Sadhi 3/16/71 325 W Main St Fernley NV 87408 775 -575 -4490 Sec /Treasurer 25% Parwinder S Gosal 2/2/81 325 W Main St Fernley NV 87408 775 -575 -4490 Director 25% Corp/LLC Agent: Address Phone Date and State of Limited Partnership Good standing? Angie & Kelly Huffaker 1395 Airport Way Kodiak AK 99615 907 -487- 2700 February 4, 2004 Alaska Yes Date of Notice: May 24, 2006 Application Type Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address Telephone #: EIN: Kodiak Island Borough None 4611 Beverage Dispensary Tourism Buskin River Lounge, The The Kishan Group Inc. 1395 Airport Way 1521 S Cushman Fairbanks AK 99701 907 - 487 -2700 907 -487 -4447 Fax 20- 0270278 Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. If transfer application, License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: * *Date of Birth * Doing Business As current license information: N/A N/A N/A N/A State of Alaska Alcoholic Beverage Control Board TRANSFER Ownership Location Name Change Restaurant Designation Permit Application will be sent via US mail. ORIGINAL APPLICATION MUST BE RETURNED. Local Gown., Body - Now Forum( Rye: Cc: A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s /Wgeda 9aramiffa Reeda Jaramillo Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent `- approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. /B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control \oard. If Rib) i "c 14cov, n nth'ces Were Mai led D u+ on' Jun, , nv6, ) no co in tiCe C welt OKJ UNITED STATES GOVERNMENT P.O. BOX 825 KODIAK, AK 99615 PENINSULA AIRWAYS INC 6100 BOEING AVE ANCHORAGE, AK 99502 JAMES & LAQUITA YATSIK P.O. BOX 13 KODIAK, AK 99615 MIKE HAGGREN 155 W. BARTLETT BLVD LYNDEN, WA 98264 GARY PETERSON RENT -A -HEAP PO BOX 1221 KODIAK, AK 99615 -1221 AK INDUSTRIAL DEVELOPMENT & EX 813 W NORTHERN LIGHTS BLVD ANCHORAGE, AK 99503 -2407 AVIATION ACQUISITION GROUP LLC PO BOX 3 KODIAK, AK 99615 KODIAK TRANSFER INC 5152 TOM STILES RD BLDG A KODIAK, AK 99615 BUSKIN RIVER INN PARTNERSHIP C/0 KONIAG, INC. 4300 B ST., SUITE 407 ANCHORAGE, AK 99503 SARAH RODEHEAVER P.O. BOX 1128 KODIAK, AK 99615 SILVER BAY LOGGING INC CUBE COVE #2 JUNEAU, AK 99850 -0360 ALASKA AIRLINES INC P.O. BOX 68900 SEATTLE, WA 98168 ANDREW AIRWAYS INC PO BOX 1037 KODIAK, AK 99615 HORIZON LINES OF ALASKA, LLC 500 WATER ST JACKSONVILLE, FL 32202 UYAK AIR SERVICE INC P.O. BOX 4188 KODIAK, AK 99615 STATE OF ALASKA DEPT OF TRANS & PUB SAFETY P O BOX 196900 ANCHORAGE, AK 99519 -6900 PENINSULA AIRWAYS INC 4851A AIRCRAFT DR ANCHORAGE, AK 99502 'q /O9 gen() Kodiak Island Borough nit 01, JuM l Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4611 License Type: Beverage Dispensary Tourism D.B.A.: The Buskin River Lounge Licensee /Applicant: The Kishan Group Inc. Location: 1395 Airport Way A public hearing will be held on Thursday, June 15, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 :00 p.m. on Thursday, June 15, 2006. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: N:\CL \LICENSES \MASTER DOCUMENTS TO USE \PUBLICHEARINGNOTICE.doc new license.doc Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 E ' pollee Wit �-r c arlfuni 9 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4611 License Type: Beverage Dispensary Tourism D.B.A.: The Buskin River Lounge Licensee /Applicant: The Kishan Group Inc. Location: 1395 Airport Way The public hearing scheduled on Thursday, June 15, 2006 has been rescheduled to Thursday, July 6, 2005. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: N: \CL \LICENSES\2006 \Buskin River Lounge \PUBLICHEARINGNOTICE2.doc Kodiak /stand Borough AGENDA ST Regular Meeting of Jul STATEMENT Y 6, 2006 Item No. 9.0 State of Alaska Alcoholic Beverage Bever Control Board NEW Liquor License the Larsen Bay Lodge 101 Drive Lod. a Inc, e age o Application Larsen Bay, AK (Applicant: Larsen Bay 5.01.030 New license and transfer procedure. A.1 The clerk shall investigate to determine if the borough _________has an interest which new liquor license. can be protected by protesting the approval of the application for transfer or rialice of a B. The a ssembly, ____ °after ublic hearin , shall determine by motion if a protest to the application is to be lodged with ti--li Beverage Control Board. After inv estigation, it has been determined that the borou h has NO interest that can be trouble reports. protected by protesting the approval of the application for trar--' Isfet-g----7,,,rhere tiave been no However, the State of Alaska Department of Public Safety, Division of Fire Prevention recommended disa royal until a plan review is acc omplished. We informed ABC Board Director Doug Griffin and he recommended that KIB voice a CONDITIONAL non-protest. notices were sent out on June 23, 2006. Larsen Bay Lodge was informed of the required site review. Forty-three public hearing The Larsen Bay City Council will meet Tuesday, June 27 to decide on this matter. Their decision will be shared with the Assembly before the regular meeting. Rec ommended Beverage motion. - Move to ge Cond o/Board NEW ove q�orLicenseA t voice non protest to the Be er a e Cant of Larsen B State of the State Fire Marshall a y , AK provided that they on meet the a Larsen Bay entsof (Applicant The Larsen Bay Lodge Inc.) the re quirements of ge c menu of Member /Officer /Director: DOB Address Phone Title /Shares ( %) Michael Carlson 8/4/65 1713 Mission Rd Kodiak AK 99615 907 - 486 -1740 President 100% Lisa Carlson 10/31/64 1713 Mission Rd Kodiak AK 99615 907 - 486 -1740 Sec /Treasurer Corp /LLC Agent: Address Phone Date and State of Limited Partnership Good standing? Lisa Carlson 1713 Mission Rd Kodiak AK 99615 907 -486- 1740 April 3, 1995 Alaska Yes Date of Notice: June 13, 2006 Application Type: NEW X Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address: Telephone #: EIN: City of Larsen Bay None 4615 Lodge License Larsen Bay Lodge Larsen Bay Lodge Incorporated 101 Beachfront Dr — Larsen Bay 1713 Mission Rd Kodiak AK 99615 907 - 486 -1740 907 - 486 -1749 Fax 92- 0155252 Please note: the Members /Officers /Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all p rincipal members and those who hold at least 10% shares. If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: N/A N/A NA N/A Additional comments: None. * *Date of Birth * Doing Business As Cc: Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board TRANSFER Ownership Location Name Change DECEOVE JUN 1 3 2006 BOROUGH CLERK'S OFFICE Sections: Chapter 4.40 ASSESSMENT DISTRICTS WITHIN SERVICE AREAS 4.40.010-4.40.020 4.40.010 Authority to assess. 4.40.020 Methods of initiating district. 4.40.030 Report by manager. 4.40.040 Protest. 4.40.050 Public hearing -- Assembly action. 4.40.060 Modification or abandonment of improvement after district formation. 4.40.070 Assessment roll. 4.40.080 Public hearing -- Confirmation of roll. 4.40.090 Payment. 4.40.100 Reassessment. 4.40.110 Objection and appeal. 4.40.120 Dissolution of assessment district. 4.40.130 Costs of improvement -- Assessable costs. 4.40.140 Allocation of assessable costs. 4.40.150 Notice. 4.40.010 Authority to assess. A. In accordance with this chapter, the assembly may form assessment districts consisting of all the property benefitted by capital improvements and assess against the benefitted property all or part of the cost of construction, (or) improving, operating, or maintaining the capital improvements. B. A property that is unable to be served by a capital improvement because of t opography or distance shall not be assessed for operation and maintenance. C. The assembly may assess any benefitted property, notwithstanding that the property otherwise by law is exempt from taxation, except as provided in AS 29.45.030. (Ord. 81 -14 -0 §1, 1981; Ord. 80 -29 -0 §1(part), 1980). 4.40.020 Methods of initiating district. An assessment district may be initiated by: A. Filing with the clerk a petition to form the district signed by the owners of more than one- half (1/2) in value of the property to be benefitted by the proposed improvement; or B. A majority vote of the assembly. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 4 -11 (MB 10/98) Supp. #22 4.40.030 -- 4.40.050 4.40.030 Report by manager. For every assessment district that is initiated, the manager shall report to the assembly regarding the need for, the desirable extent of, and the estimated cost of the proposed improvement. The manager shall present the report to the assembly no later than the time of the public hearing on the proposed improvement. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 4.40.040 Protest. A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if filed with the clerk no later than 5:00 p.m. on the last day the borough offices are open prior to the day of the public hearing under section 4.40.050 of this chapter. Once a petition to initiate an assessment district has been filed, no signer of the petition may withdraw from the petition except by filing a protest in accordance with this section. B. If the owners of property which will bear fifty percent (50 %) or more of the amount assessed for the improvement protest the improvement in accordance with subsection A of this section, the assembly may not proceed with the improvement unless: 1. the numbe prot is has been reduced so as to represent property which will bear less than fifty percen (50 %) bf the amount assessed for the improvement; or 2. at least three - fourths (3/4) of the assembly approves proceeding with the improvement. (Ord. 80 -29 -0 §1(part), 1980). 4.40.050 Public hearing -- Assembly action. A. The assembly shall hold a public hearing on the necessity of the proposed improvement. After the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement. . The assembly may determine to increase or decrease the extent of the proposed rovement or the number of properties benefitted thereby; provided, that if the assembly determines to proceed with an improvement of greater extent or benefiting more properties than proposed, the determination to proceed shall be treated as the initiation of an assessment district by the assembly under section 4.40.020 of this chapter. C. Where a determination to proceed is not treated as the initiation of an assessment district by the assembly under subsection B of this section, the determination shall be in the form of resolution forming an assessment district.k The re . lu • • i . • - • s ha he . .. ose improvement is necessary and of be : , - ies to be assess ' 'ct w initiated in a s ' -_ • - -ction 4.4_ 0�f ZQ,of this chapter. he resolution shall describe improvement and its location, the properties to be assessed, and the method of allocating improvement cost among the benefitted properties. The assembly's findings as to compliance w section 4.40.020 of this chapter and as to the necessity of the proposed improvement shall b conclusive. (Ord. 80 -29 -0 §1(part), 1980). 4 -12 (MB 10/98) Supp. #22 4 -13 4.40.060 -- 4.40.090 4.40.060 Modification or abandonment of improvement after district formation. A. If the assembly finds that it is in the best interest of the borough to do so, it may, after holding a public hearing, reduce the extent of the improvement as described in the resolution forming the assessment district, and modify its determination of the properties benefitted by the improvement accordingly. B. If the assembly determines it is in the best interest of the borough to do so, it may, after holding a public hearing, approve a resolution terminating work on the public improvement and dissolving the assessment district. If a district is dissolved under this subsection, no assessment may be levied pursuant thereto, but the costs incurred for the improvement before the dissolution may be assessed as costs of the improvement under any subsequent assessment district under which the improvement is completed. (Ord. 80 -29 -0 §1(part), 1980). 4.40.070 Assessment roll. After the improvement has been completed, and the costs of the improvement determined, the manager shall prepare an assessment roll for the district. The roll shall describe the properties to be assessed and name their owners in accordance with the current records of the assessor, and state the amount assessed against each property. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 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 equalities 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. (Ord. 80 -29 -0 §1(part), 1980). 4.40.090 Payment. A. The resolution confirming and levying may require payment of assessments in one (1) sum or in installments, but no sum or installment may exceed twenty-five percent (25 %) of the assessed value of the property against which it is levied, and no assessment payment shall be due sooner than sixty (60) days after enactment of the resolution confirming and levying a ssessments. B. Installment payments shall bear interest at a rate equal to the effective rate of interest of the bonds that the borough last sold to finance similar improvements prior to enactment of the resolution confirming and levying assessments. Installment payments shall be applied first to accrued interest, then to principal. C. Within thirty (30) days of enactment of the resolution confirming and levying assessments, the director of finance shall mail a statement to the owner of record of each property assessed. The statement shall designate the property, the assessment amount, the time payments are due, and the penalties for past due payments. D. Penalties and interest on past due assessment payments are the same as for real property taxes. Assessments are liens upon the property assessed and are prior and paramount to all liens except municipal tax liens. They may be enforced in the manner provided for real property tax liens. (Ord. 85 -31 -0 §1(part), 1985; Ord. 80 -29 -0 §1(part), 1980). (KIB 10/98) Supp. #22 4 -14 4.40.100 -- 4.40.140 4.40.100 Reassessment. A. The assembly shall within one (1) year correct any deficiency in a special assessment found by a court. B. Notice and hearing must conform to the initial assessment procedures. C. Payments on the initial assessment are credited to the property upon reassessment. D. The reassessment becomes a charge upon the property notwithstanding failure to comply with any provision of the assessment procedure. (Ord. 80 -29 -0 §1(part), 1980). 4.40.110 Objection and appeal. A. The regularity or validity may not be contested by a person who did not file with the clerk a written objection to the assessment roll before its confirmation. B. The decision of the assembly upon an objection may be appealed to the superior court within thirty (30) days of the date of confirmation of the assessment roll. C. If no objection is filed or an appeal taken within the time provided in this section, the assessment procedure shall be considered regular and valid in all respects. (Ord. 80 -29 -0 §1(part), 1980). 4.40.120 Dissolution of assessment district. An assessment district may be dissolved by assembly resolution at any time after all assessments have been paid. (Ord. 80 -29 -0 §1(part), 1980). 4.40.130 Costs of improvement -- Assessable costs. A. The costs of an improvement shall include the cost of acquiring interests in real property for the improvement, design, engineering and contract administration, administrative overhead, bond costs and interest incurred to finance the improvement, and all other costs incurred in constructing the improvement. B. The cost of an improvement that is assessable under this chapter shall be the total cost of the improvement under subsection A of this section, less the amount of any grant funds that the borough uses to defray the cost of the improvement. (Ord. 80 -29 -0 §1(part), 1980). 4.40.140 Allocation of assessable costs. In the resolution forming an assessment district, the assembly may adopt any of the following methods which the assembly finds will allocate the assessable costs among the benefitted properties proportionally to the benefit that the improvement will confer on each: A. Allocation of costs on a zone basis; B. Allocation of costs on a per- front -foot basis; C. Allocation of costs on a per- square -foot basis; D. Allocation of costs on a per -lot basis; or E. Allocation of costs on any other basis that reasonably relates the costs assessed to the benefit received from the improvement. (Ord. 80 -29 -0 §1(part), 1980). (MB 9/95) Supp. 12 4.40.150 4.40.150 Notice. A. Notice of any public hearing required under this chapter shall be given in accordance with subsections B and C of this section. B. Forms of notice of a public hearing, as follows: 1. publication in a newspaper of general circulation in the borough at least once a week for two (2) consecutive weeks prior to the public hearing; and 2. mailing at least fifteen (15) days before the public hearing to all record owners of property proposed to be assessed under the assessment district. As used in this subsection "record owner" means the person or persons listed as the owner of the property on the current property tax records of the assessor. The notice shall be mailed to the record owner at the address stated in the current property tax records of the assessor. C. Every notice of a public hearing required by this section shall state the date, time, location and purpose of the public hearing, describe the improvement, and, for the notice by mail, state the amount of the estimated or actual assessment against the property of the addressee. The notice by mail shall generally inform the addressee of the manner and method of protesting or objecting to the action to be taken at the public hearing. D. The failure of any person to receive any notice required by this chapter, where the records of the borough indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this chapter. (Ord. 80 -29 -0 §1(part), 1980). 4 -15 (MB 9/95) Supp. 12 06- 30-2006 12:07pn Fron -City of Larsen Bay 907-847-2239 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4615 License Type. Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday. July 6. 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly In order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 a.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907).486 -9$10. Name: C.I4y Of kokrccvn Mailing Address: P.11 • ex11 ? 6154n Comments: Tkit I"`S NIX>n &t \1t,Sk thwrSditi Ri t mOo° . - we- tkrere, N:\CL\LICENSES\2008 \Larsen Bay\PUBLICHEARINGNOTICE.doc l T -034 P.001 /001 F -290 Nen cy (9 q IA 04 a. n s-Anc 1 GSt f'UO 07 -06 -208 11:10am From —City of Larsen Bay 907 -847 -2239 T -053 P.002/002 F -314 CITY OF LARSEN BAY PO BO X 8 • LARSEN BAY, ALASKA • 99624 PR ONE : 907- 947 -2211 • FAX; 907 - 847 -2239 R -M AIL: CITY° FLARBBNBAYY AOL.COM Minutes June 29, 2006 Reconvene from recess at 7 :05pm Roll call: Tim Carlson, Simeon Squartsoff, Jack Wick, Jennifer Moe, Quorum established Marilyn Ameson showed up at 7:10pm. Bill Nelson showed up at 7:13pm Excused absent Jimmy Johnson Executive - Financial 7:15pm Calf back to order at 7 :41 pm Council discusses propane shortage, council agrees to have the lodges get tanks filled in Kodiak Clerk- Jack makes a motion to write a letter on how the City is financially strained to customers. Simeon seconds moved Discussion /Concern on the water money not coming through due to not being sustainable enough. Zachary Aga has the best bid for the Bronco Alcohol License for the Larsen Bay Lodge. 2 yes's and 4 no's Concern that if the lodges get there licenses, they are able to sell to their employee's off hours. Major concern! Council agree's to have Larsen Bay a damp village. Marilyn makes motion not to support the liquor license for the lodges. Jack seconds motion called passed. Jack makes motion to adjourn, Marilyn seconds Jack made motion to have another meeting Executive session at 8:OOpm on 30 of June. Simeon seconds called passed Adjourn at 8:41pm NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4615 License Type: Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday, July 6, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Pe • (Sr sc Co mments: .1 ,4n1 "4 l� f ond2 ;Al 11.cs 84' 4 44 le ey /4/ ht / /f Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 / fl 41 ite 5 co 41 N: \CL \LICENSES\Z006 \Larsen Bay \PUBLICHEARINGNOTICE.doc s /y cryt< ci tyke L r t- -4- /iZ*'R Lg.-%a/ ix) c4-en LQQuc4 X rc 4c.-- , i s Ctdr J 0 AA F/gut Sin tit.4.cy Z�a ;7 At U ° tdw r lEcEow Erl LID BOROUGH CLERK'S OFF CE JUN 302006 Name: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Mailing Address: ? D , 7 1` nX 9.Z ; I 1 Lay j e.°� J \.1 y At- Q' 2' Comments: ago lie T "Pea 1 Ctlnu (d be- a p prb pr is 1 Ie -0, q /l/f unr );ccnce + he W eir\ 1-e!p in +b,s (s L )�, (1G -Par reaSbnS A-T to i cn4;.0A 0 T �t 5 }r 34t4r br. Gvtrl 'jkr is 1G / cat f o F +k s Cm fin nun .iy cr s et u7ht1a. NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4615 License Type: Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday, July 6, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486 -9310. / m Oar !Sto N: \CL \LICENSES\2006 \Larsen Bay \PUBLICHEARINGNOTICE.doc EECEOVE JUL - 6 2006 BOROUGH CLERK'S OFFICE NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4615 License Type: Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday, July 6, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486 -9310. Name: /�.1/! /;.1 /�,C» Comments: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 1VCME II JUN 3 0 2006 BOROUGH CLERK'S OFFICE Mailing Address: )i2 , ,(' /V/ _722 J , ten --7 Z'� / ° 44s TTf ,e W /L% .AP ff /rzzJ / /y/ Th � s Z9, C /SA 4/.1 N: \CL \LICENSES\2006 \Larsen Bay \PUBLICHEARINGNOTICE.doc alma Me A local goveming body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of asons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate ^ommunity council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s /Tqerfa jaramillb Reeda Jaramillo Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 Chapters: 5.01 Liquor Licenses Sections: TITLE 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.01 LIQUOR LICENSES 5.01.010 Cooperation with state Alcoholic Beverage Control Board. 5.01.020 License renewal procedure. 5.01.030 New license and transfer procedure. 5.01.010 -- 5.01.030 5.01.010 Cooperation with state Alcoholic Beverage Control Board. It is declared the policy of the borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. (Ord. 86 -07 -0 §2(part), 1986). 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. (Ord. 86 -07 -0 §2(part), 1986). 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the boron h�has an interest which can be protected by protesting the approval of the app Icafion or rams er or issuance of a new liquor license; 5 -1 (KIB 03/99) Supp. #24 STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519 -6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH /JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 TIMOTHY & JANET CARLSON PO BOX 93 LARSEN BAY, AK 99624 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 TIMOTHY & DONNA HURLEY PO BOX 864 KODIAK, AK 99615 KODIAK ISL HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 4ESSA HOCHMUTH r O BOX 74 LARSEN BAY, AK 99624 MICHAEL CARLSON 1713 MISSION RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 EILEEN CARLSEN PO BOX 9058 KODIAK, AK 99615 MARINA H WASELIE PO BOX 21 LARSEN BAY, AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 LARSEN BAY PROPERTIES, LLC 3204 NE 123RD ST SEATTLE, WA 98125 MARILYN AGA PO BOX 876952 WASILLA, AK 99687 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 40 PH /Voss ceni oA &o /z FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 BRAD & TAMMY AGA PO BOX 7 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 HENRY MOORE 185 ROSSDHU PAWLEYS ISLAND, SC 29585 DAVID EASTER 1576 E. PINE ST MOUNT AIRY, NC 27030 ROBERT MASCHMEDT JR 3204 NE 123RD ST SEATTLE, WA 98125 CHRISTIAN & MARILYN ARNESON 8019 E. SETTLEMENT AVE WASILLA, AK 99654 WILLIAM ANDERSON 1064 W 23RD AVE ANCHORAGE, AK 99503 JOANN EWALD 11186 HWY 1 COOK, MN 55723 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 JAMES & DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 BUREAU OF LAND MANAGEMENT 222 E 7TH AVE 1113 ANCHORAGE, AK 99513 -7599 SARAH BLONDIN PO BOX 4478 KODIAK, AK 99615 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 'ta / � A7ct t., ,{ cAALi LO 14 L tad a-t. a . HEIRS OF PETER WASSELIE KARLUK, AK 99608 BRIAN BLONDIN PO BOX 4478 KODIAK, AK 99615 KODIAK ISL HSG AUTH /ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 MARLENE AGA PO BOX 34 LARSEN BAY, AK 99624 4 z , XL) RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524-0805 CARL & SANDRA JOHNSON 911 HILLSIDE DR KODIAK, AK 99615 SOURDOUGH BAY LODGE INC PO BOX 48 LARSEN BAY, AK 99624 SAMUEL HALBERT PO BOX 84590 FAIRBANKS, AK 99711 a3 �1o Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4615 License Type: Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday, July 6, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486- 9310. Name: Mailing Address: Comments: N: \CL \LICENSES\2006 \Larsen Bay \PUBLICHEARINGNOTICE.doc JUN -21 -2006 11:20P FROM:LIEE SAFETY INSPECTS 9072695010 Thank you, Deputy Fire Marshal Nakano lloyd_nakano @dps.state.ak.us State of Alaska Department of Public Safety Division of Fire Prevention 0 U C. I uaor rwaa Anchorage AK 99507 Phone: 269-.5604 Fax: 289 -5018 TO: 919074969391 P.1 /2 The information contained in this FAX is CONFIDENTIAL AND /OR PRIVILEGED. This FAX is Intended to be reviewed initially by only the individual named below. If the reader of this transmittal page is not the Intended recipient or a representative of the intended recipient, you are hereby notified that any review, dissemination or copy of this FAX or the information contained herein is prohibited. If you have received thls FAX in error, please immediately notify the sender by telephone and return this FAX to the sender at the above address. Thank you. Date: June 21, 2006 Time: 11:27:29 AM To: Marylynn McFarland Fax #: (907) 486 - 9391 From: Lloyd M. Nakano Phone #: (907) Subject: Larsen Bay Lodge Ms. McFarland, Recommend disapproval until a plan review is accomplished. Here's a copy of the plan review ..>.v.,_ application. If you have any questions please call me at 269-5637. JUN -21 -2006 11:20A FROM:LIEE SAFETY INSPECTI 9072695018 1 1 2760 Sherwood Lane, Ste 1 -A Juneau. Alaska 99801 Phone (907) 465 -4331 Fax (907) 465 -5521 1. Name of building: 2. Provide a description of the work in this project: 1 1 5700 E. Tudor Road Anchorage. Alaska 99507 Phone (907) 269-5604 Fax (907) 269-0098 APPLICATION FOR FIRE ANTI TIFF SAFETY PLAN RF.VIFW Authority: 13 AAC 50.027 TO:919074869391 P.2'2 1 1 1979 Peger Road Fairbanks, Alaska 99709 Phone (907) 451 - 5200 Fax (907)451 - 5218 3. Provide cost of work for: 1 1 new building I I addition to existing building 1 I renovations I I occupancy change OR 1 1 fuel system project. P %iectcost $ 4. Describe location of project by street address (if any), city. AND legal description (Lot. Block & Subdivision): 5. Describe what this building is to be used for: Type of construction. Indicate use or IBC Occupancy Total square footage: Sprinkler system to be installed: 1 1 YES I 1 NO Fire Alarm system to be installed: 1 1 YES f I NO APPLICANT'S NAItE1 BUILDING ONNER'S NAME: COMPANY NAME: BUSINESS NAME' MAILING ADDRESS: MAILING ADDRESS: CITY /BTATEt CITY /BTATEI SIPt PRONE: SIPS PRONEM FAX: FAX : 1 certify that 1 have read and examined this application and know the same to be true and correct 1 reeognizethat approval of plans submitted don not presume to Rive approval to oversights by the Division of Fire Prevention nor grant authority to violate or cancel the provisions of any other sate or local law regulating this occupancy. WHEN THR ORIGINAL APPROVRf) P1.ANA ARK ALTRRPD OR Monism) IN ANY WAY THFV MUST RF RFRtIRMITTFD AND AN A nnITIONAT P1 AN I PFF WR•I RR CHAR-FM. THR AODrTIONAJ PLAN CHECK RATS: WR.I Rle WOO PER ROM MINIMUM a HOI IRS o SI011 041 MINIMUM Far I3AAC 50.027(8): "If any work tor which ■ plan review and approval S required by this subsection has been started without tint obtaining plan review and approval, a special processing plan review fee will be charged. The special processing plan review fee is 5100.00 for first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee tor the project." APPLICANT'S SIGNATURE DATE PLAN qV VfF.W CIIF 1ST. (AS OR dR STAMPED ARVITITIWTTTRALfRNGINFRRFD PLANS RE .QUIRE% 1 J DIMENSIONAL PLOT PLAN: Show distance to property lines and existing hn idings. 1 1 ARCHITECTURAL DRAWINGS: Floor plans, building sections, interior end exterior wall details, door and hardware type. 1 1 MECHANICAL DRAWINGS: Hood and duct, hatingkendistion, fuel tank size and location. 1 1 ELECTRICAL DRAWINGS: Emergency lighting, fire alarm system, eta 1 J FIRE PROTECTION SYSTEM: Sprinklers, hood suppression, carbon monoxide detectors, location and classification of fire extinguishers, etc. 13RFORE IF.OINNINr.SHF. CONSTRI IFT1ON AIXFRATION REPAI%O11 CHANGING TRW Of'r71PANCY OF A R11IlAlNG. A RI IRSTANTfAI.IAM STRITrrtO W nn ANV ATM Int tI V, III.ATFo RY THE STATF. IRRR MARSHA I PI ANS AND RPFARFI/'ATIONR MA ST RR AI IRMITTFO TO TIN, STATE. FIEF. MAPSIIAI FOR EXAMINATION AM) APPS OVA I.. ne A At in a'7rdl JT I4 nu VIOL ATION OFRFATF. I.AW TORF.OIN ANV r ngrn11MION RF.FAME A pPRMf' HAS RRFN PauiFD BY TRW (Harry Nova Javier From: Douglas B. Griffin [doug_griffin@dps.state.ak.us] Sent: Friday, June 23, 2006 1:50 PM To: Nova Javier Subject: Kodiaik Island Borough Protest of Larsen Bay Lodge Nova -- You have asked for me to advise the Kodiak Island Borough on how to address the issue of local governing body protest of a liquor license application where the State Fire Marshall is recommending denial due to lack of plan review. The best way for the KIB Assembly to act is to register no obiection to the liquor license provided that lodge meets all o t e requiremen s o a e a e ire • ars .. s is a type of conditional non - protest, but it wi clearly tell the ABC Board that once the Fire Marshall issue is resolved the KIB has no further basis for protest. The ABC Board deals with these gray areas all of the time. There may be other concerns regarding local option or a protest from the City of Larsen Bay with regard to this license. However, knowing the position of the KIB will be helpful to the ABC Board. - -- Doug Griffin, Director, ABC Board 6/23/2006 Page 1 of 1 Nature Page 1 of 1 Nova Javier From: Marylynn McFarland nt: Wednesday, June 28, 2006 2:09 PM To: Nova Javier Subject: FW: Larsen Bay Liquor License Spoke with Vanessa in the Larsen Bay Clerk's office again today asking for status of meeting Tuesday evening. She said that they were unable to have a meeting but the "poll" that was taken, it looked like a go ". I requested that the Notice of Public hearing be returned to this office with an indication of such. ml Marylynn McFarland Deputy Clerk Kodiak Is /and Borough (907) 486 -9375 mmcfarlandekib.co.kodiak.ak.us. From: Marylynn McFarland Sent: Monday, June 26, 2006 4:53 PM To: Nova Javier Subject: Larsen Bay Liquor License Spoke with Vanessa in the Larsen Bay Clerk's office and she indicated that the local assembly /council were going to be meeting Tuesday evening, June 27th, and and make a decision as to whether the community wanted to be "damp' or "dry". I requested that she call me Wednesday to let me know the results of the vote. I will also follow -up. Do we get copies of minutes from the meetings in the villages? ml Marylyn McFarland Deputy Clerk Kodiak Is /and Borough (907) 486 -9375 mmcfarlandekib.co.kodthk.ak.us. 6/30/2006 06 -30 -2006 12:O7pm From-City of Larsen Bay N: \CL \LICENSES\2006 \Larsen Bay\PUBLICHEARINGNOTICE.doc 907- 847 -2239 T -034 P.001 /001 F-290 Kodiak island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak island Borough of a new liquor license for: License #: 4615 License Type: Lodge License D.B.A.: Larsen Bay Lodge Licensee /Applicant: Larsen Bay Lodge Inc. Location: 101 Beachfront Drive — Larsen Bay A public hearing will be held on Thursday. July 6. 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.010 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland@kib.co.kodiak.ak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, July 6, 2006. If you have any questions, please call us at (907) 486 -9310. Name: CAkk Qc t 0, n Mailing Address: p.a . Pm B krca\ P J 14t. c riCe3q Comments: 11\9, f;t-k Cu ; o \as* \fa a. Ma 1 a St— vtl claitsdc>.i % Lode . ►ono -c tkrtrC 2 t.c b 4- LJ nd? Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 9.D Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr. /Applicant: Planning & Zoning Commission. The purpose of the request is to rezone U.S. Survey 3098 from B- Business to RR1 -Rural Residential One. The Planning and Zoning Commission, in accordance with KIBC 17.72.030B (Manner of Initiation), initiated a rezone of Tract 0, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One, to allow for residential development of the lot. The Commission held a public hearing on this request at their May 17, 2006 regular meeting. The Commission found that this rezone request is appropriate and necessary and they recommend that the Assembly approve the rezone. Findings in support of the rezone are included in the attached ordinance. Information considered by the Commission in making their decision is also attached. Fiscal Notes: Account No. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2006 -12. Sections: Chapter 17.72 AMENDMENTS AND CHANGES 17.72.010 Authority. 17.72.020 Report from planning and zoning commission. 17.72.030 Manner of initiation. 17.72.040 Hearing on boundary change. 17.72.050 Boundary change may include additional property. 17.72.055 Submission to assembly. 17.72.060 Hearing determination. 17.72.070 Hearing -- Required -- Notice. 17.72.080 Repealed 17.72.010 -- 17.72.040 17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may by ordinance and after report thereon by the wise change these regulations and the boundarries of he dst supplement, it . 83 58 O repeal or 17.72.020 Report from planning and zoning commission. The commission shall report. in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and 83 C. -O om r enda io) s as to the approval or disapproval of the change or amendment. (Ord. 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner A. The assembly upon its own motion; L' �� -- B. The commission upon its own motion; and By petition of one (1) or more owners of property within an area proposed to be rezoned. 2t'i) j be the community development de accompu b the requi fee l an$ such data and information as may be necessary to assure the fullest practicable resentation of facts and shall set forth reasons and justification for proposing such change. (Ord. 83 -58 -0 §1(part), 1983). 17.72.040 Hearing on boundary change. The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given m the manner 17 -112 (MB 03/06) Supp. #45 Section 1: Section 2: Section 3: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -12 Introduced by: Manager Gifford Requested by:Planning &Zoning Commission Drafted by: Community Development Introduced: 06/01/2006 Public Hearing: 07/06/2006 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING TRACT 0, US.S. SURVEY 2539, RUSSIAN CREEK ALASKA SUBDIVISION FROM B- BUSINESS TO RR1 -RURAL RESIDENTIAL ONE (1059 PANAMAROFF CREED DRIVE) WHEREAS, the petitioner for this rezone has indicated a desire to develop on the subject parcel; and WHEREAS, the Planning & Zoning Commission held a public hearing on May 17, 2006 for this case; and WHEREAS, the Commission recommends that the Assembly rezone Tract 0, Russian Creek Alaska Subdivision from B- Business Zoning District to RR1 -Rural Residential One Zoning District; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: This ordinance is not of general application and shall not be codified. Tract 0, Russian Creek Alaska Subdivision from B - Business Zoning District to RR- 1 Rural Residential One Zoning District. The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under - developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business area remaining to serve the community's needs. Kodiak Island Borough, Alaska Ordinance No FY2006 -12. Page 1of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. F12006 -12 Page 2of2 Current Location P & Z Case # 06 -014 KIB P & Z Commission A rezone, of Tract 0, Russian Creek AK Subd from B- Business to RR1 -Rural Residential One Feet 0 500,000 2,000 3,000 4,000 I I I I I 11111111/ Legend ID Parcels selection Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 06 -014 KIB P & Z Commission A rezone, of Tract 0, Russian Creek AK Subd from B- Business to RR1 -Rural Residential One Legend - Urban Area selection Business Conservation Industrial MI Light Industrial Natural Use Public Use Single Family Residential iA Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 0 500 1,000 2,000 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept This data has not been recondled with data contained in manual fifes which may be more up-to -date. Kodiak Island Borough Community Development Department. Case Number Ord. Number Summary Date 213 -A 69 -30 -0 Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. January 18, 1970 324 74 -31 -0 Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. August 1, 1974 Z -80 -042 NA Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR- Rural Residential. (DENIED by the Planning and Zoning Commission) November 19, 1980 Z -81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. (DENIED by the Planning and Zoning Commission) February 18, 1981 82 -150 83 -21 -0 Rezone of portions of Womens Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 DATE: April 25, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2006 Re lar Meeting CASE: 06 APPLICANT: KIB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIB Code Section 17.72.030.B. (Manner of initiation), of Tract 0, Russian Creek Alaska Subdivision from B- Business IQ RR1 -Rural Residential One. LOCATION: ZONING: Case 06- 014/Rezone Staff Report O A 11- lJ - IJ - M- Russian Creek Subdivision, Tract 0. B- Business Ten (10) public hearing notices were mailed on April 14, 2006. Date of site visit: 1. Relevant Zoning History: Page 1 of 8 Public Hearing Item VI-C April 26, 2006 P & Z: May 17, 2006 -83 -026 - -___ _ 23-31-a _._ __- . _Rezone of _certain lands - _in_Russian Creek Alaska Sub. From C- Conservation to RR1 -Rural Residential One. May 5, 1983,- - j ../. 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL -Public Use Land. June 5, 1986 02 -010 NA Rezone of properties bordered by Panamarof Creek Drive, South Russian Creek Road and Cottonwood Circle in Russian Creek Alaska Subdivision, including Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and Tracts K, L, M, N, and 0, from B- Business to RNC Rural Neighborhood Commercial. Case was initiated by the K1B Planning and Zoning Commission. The case was WITHDRAWN by the Commission at the request of Womens Bay residents who had submitted comments about the case. Sept. 18, 2002 Public Hearing Item VI -C Case 06- 014/Rezone Staff Report 9.34 acres 2. Lot Size: Tract 0, Russian Creek Alaska Sub. 3. Existing Land Use: Tract 0, Russian Creek Alaska Sub. 4. Surrounding Land Use and Zoning: North: Tract N1, Tract N4, RCAS Use: Commercial Zoning: B- Business South: Unsubdivided Portion of USS 2539 Use: Vacant Zoning: C- Conservation East: Unsubdivided Portion of USS 2539 Use: Vacant Zoning: C- Conservation West: Lots 25A -1, 25A -2, 26 -A, 26 -B, 26 -C, Block 2, RCAS Use: Residential Zoning: RR1 -Rural Residential One 5. Comprehensive Plan: The 1982 Womens Bay Community Plan does not specifically address the location of commercial areas other than to indicate generally that residential and commercial uses will be segregated and that the Russian Creek side of SFR Page 2 of 8 P & Z: May 17, 2006 A. The borough assembly upon its own motion; *B. The planning commission upon its own motion; 17.72.055 Submission to assembly. Case 06- 014/Rezone Staff Report Public Hearing Item VI -C the Womens Bay Community will remain the designated commercial area. The 1982 Womens Bay Community Plan envisioned a much larger area than the existing Womens Bay Community. The plan projected an increase in total area from 1051 acres to 11,520 acres projected as part of an incorporated Womens Bay municipality. The total need for commercial zoned land was projected under this scenario to increase from 86.1 acres to 175 acres, or 1.5% of the total area, the balance of which was heavily weighted in favor of Conservation, Watershed and Residential Lands. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Page 3 of 8 P & Z: May 17, 2006 COASTAL MANAGEMENT APPLICABLE POLICIES ._ Residential Development 1. Location Consistent: Consistent: Public Hearing Item VI -C In areas with poorly - draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Yes. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Yes. The landowner has obtained a U.S. Army Corps of Engineers jurisdictional determination requiring that all designated wetlands and anadromous stream buffer areas will be preserved as part of future development. 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. This request does not involve development along the shoreline. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent. Not Applicable. Development proposed in this case is not located in a known hazardous area. Case 06- 014/Rezone Staff Report Page 4 of 8 P & Z: May 17, 2006 5. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This request does not involve filling or draining of water bodies. COMMENTS This rezone was initiated by a motion of the Planning and Zoning Commission at the April 19, 2006 regular meeting. The rezone was initiated to address certain development concerns related to a subdivision of the land as presented in pending case S06 -014. In that subdivision case, the petitioner has submitted what appears to be a residential subdivision located in a B- Business zoning district. In addition to the concerns about additional residential development in the B- Business zone (there is already one single - family residence on the site) staff expressed concerns about other commercial related concerns in case a future property owner did want to try and develop a business on one of the lots. These concerns were particularly oriented towards the flag lots, which are not generally considered to be an appropriate form for commercial development due to the potential traffic generation on the flag stem drive and the need for onsite parking. In addition, all of the lots are constrained by designated wetland areas which substantially reduces the amount of area available for development and parking purposes. Staff believes that the relatively large size of Tract 0 was intended to compensate for the streams and wetlands that affect the property. With regard to development density, the B- Business zone presumes that properties will have access to municipal sewer and water, therefore, no minimum lot area or lot width is required. The petitioner has indicted total and net lot areas on the proposed preliminary plat to show that each lot will have more than 40,000 of upland area excluding the designated wetlands. This is necessary in part to meet the intent of ADEC requirements which require a 40,000 square foot minimum lot area in order to develop onsite well and septic systems in support of residential development. If the Tract is rezoned to RR1- Rural Residential One, it will be required to have a 40,000 square foot lot minimum size and presumably the Commission and Assembly will decide whether this area must exclude the wetland designated areas. In a number of prior land use cases in the area there has been a common perception presented that the large lot, low- density lifestyle of the Womens Bay Community was not consistent with the B- Business zoning. The B- Business zoning is intended primarily as an urban area zoning district. Most of the developed commercial lots in Russian Creek Subdivision have been developed with some form of residential uses, whether associated with a commercial use or not. Some of these developments are nonconforming, some are conforming and some are in violation of the zoning. Staff has long recommended a more comprehensive look at this area to reconcile these uses with the desires of the community and the needs of individual property owners. In 2002 a rezone case was initiated that would have considered a rezone of Tract 0 and many other Case 06- 014/Rezone Staff Report Public Hearing Item VI -C Page 5 of 8 P & Z: May 17, 2006 parcels in this block from B- Business to RNC -Rural Neighborhood Commercial. That case was postponed indefinitely at the request of the Womens Bay Community Council until sometime after the pending Womens Bay Community Plan revision is adopted That process in still underway. For that reason the rezone will be reviewed in the context of the existing CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is generally consistent with the 1982 Womens Bay Community Plan. The plan did not provide a map, but it did provide acreages which were based on a vision of a much larger developed community area than is currently the case. Based on the description in the 1982 plan of the commercial area was to occupy about 175 acres out of a projected 11,520 acre total community area. This represented a 1.5% commercial area according to the 1982 plan. The total area of the Womens Bay Core Area is currently about 1051 acres and the business area is about 86 acres. This represents a commercial coverage of 8.2% as a function of the Womens Bay Core Area. A reduction of 9.34 acres would reduce the business area coverage in Womens Bay to 7.3% of the core area total. Given that residents of Womens Bay are reliant on Kodiak businesses for a great deal of their goods and services, it is not clear how much business area is really required to serve the Womens Bay community. Staff's impression of the 1982 commercial plan designation is that the commercial area intended to primarily serve the residents of Womens Bay as well as the traveling public along Rezanof Drive West. Tract 0 is not currently serving any commercial purpose and at the end of the road is not likely to become a high traffic commercial location. Most of the commercial lots located in the immediate vicinity are used extensively for outdoor storage. In particular, there is a lot of fishing gear storage and storage of vehicles and equipment. Staff was surprised to see the number of storage buildings and warehouses in the area that had not been reviewed as a warehouse CUP. The reality is that the commercial area in Russian Creek Subdivision has become a mixed use area with no real pattern. The area features a combination of retail and service uses, along with residential, warehouse and outdoor storage use. Because Tract 0 is located at the end of a road and it is surrounded on three sides by borough owned land in the C- Conservation zone, it does not appear that the requested rezone would disrupt the remaining B- Business area in any appreciable manner. In addition the rezone will not create any nonconformity since there was no observable commercial use occurring on the property at the time of the site visit. ZONING/USE: Case 06- 014/Rezone Staff Report Public Hearing Item VI -C The general commercial area is characterized as a mixed use. Because the area towards the "rear" of the block, particularly along Panamarof Creek Road is not a high traffic area as required for commercial purposes. Most of the lots in the immediate vicinity are used for outdoor storage of fishing gear, vehicle and equipment. Activities on these sites generally relate to working on items stored there such as fishing gear maintenance or vehicle and equipment repairs. Page 6 of 8 P & Z: May 17, 2006 LAND SUITABILITY: Public Hearing Item VI -C The area is substantially affected by wetland conditions. Some areas may be filled through the process of future development (a preliminary plat is pending in related case S06 -014). In addition the petitioner has contacted the U S Army Corps of Engineers and a jurisdictional determination has been made, subject a number of conditions under nation -wide permit. This information was also submitted with the subdivision application. Since the zoning request was initiated by the Planning and Zoning Commission, staff does not really have much any other information to base this rezone analysis on. Tract 0 is currently developed with a single- family dwelling and related accessory buildings. This confines that the site is developable and suitable for some residential development. The ultimate density of the site for residential development should be left to the subdivision process where the above referenced physical data has been submitted for commission review. RECENT DEVELOPMENT TRENDS IN THE AREA: As previously indicated in staff comments above, there has been a distinct preference for residential development in the vicinity of the rezone area. Most of the residential developments are associated with some form of commercial use although most of these uses are of a low intensity nature, i.e. outdoor storage, vehicle and equipment repair, etc. There is also some multi - family residential located in the B- Business zoned area. Surrounding residential areas have been subdivided from the original pattem created by the State of Alaska when the subdivision was first developed. Most, if not all, of the residential lots in the area are developed with permitted single - family dwelling and related accessory buildings and uses. TRAFFIC IMPACTS: The types of uses allowed in the B- Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womens Bay Community. The rezoning of Tract 0 will theoretically reduce the traffic generation potential of the site. This comparison is a little misleading however because most of the existing commercial uses in the vicinity are low intensity uses which do not generate a lot of traffic at the present time. But that doesn't mean the uses could be upgraded in the future. RECOMMENDATION Staff recommends that the Commission approve the rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. Case 06- 014/Rezone Staff Report Page 7 of 8 P & Z: May 17, 2006 Public Hearing Item VI-C APPROPRIATE MOTION Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B- Business 1Q RR1- Rural Residential One, and to adopt the "Findings of Fact" in the staff report dated April 25, 2006 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under - developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business area remaining to serve the community's needs. Case 06-014/Rego 6- 014/Rezone Staff Report Page 8 of 8 P & Z: May 17, 2006 Commissioners Present Jerrol Friend — Chair David King X Casey Janz X Gary Carver Dennis McMurry Brent Watkins X Gary Juenger X A quorum was established. APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARINGS May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 17, 2006 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Excused Absent Others Present X X X Mary Ogle, Director Conununity Development Dept. Sheila Smith, Secretary Community Development Dept. C. Case 06 -014. Request a rezone, in accordance with KIBC 17.72.030 B (Manner of Initiation), of Tract 0, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned Staff reported (10) public hearing notices were mailed on April 14, 2006. Ogle stated this is the Gondek property where there: was concerns that you will see in the next case, which is a subdivision. It is currently zoned B- Business. Staff has to take the review of the subdivision based on what it was zoned as of that day. It is the intent of the property owner and the applicant to have it rezoned for a residential zone. Because of the extenuating circumstances, the Commission made a motion to initiate a rezone to RR1. Staff done a review based on the nature of the property, its location, and mixed business use. Staffs recommends approval of this rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One, and to adopt the Findings of Fact in the staff report dated April 25, 2006 in support of this recommendation.. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch (agent) stated she can answer any questions they may have for her. P & Z Meeting Minutes Page 1 of 5 Public hearing closed: Regular session opened FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under- developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business rarea remaining to serve the community's needs. DATE APPROVED: June 21, 2006 May 17, 2006 The question was called, and it CARRIED 4 -0. OLD BUSINESS NEW BUSINESS COMMUNICATIONS REPORTS ADJOURNMENT ATTEST By: Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair P & Z Meeting Minutes Page 2 of 5 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 9.E Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) The purpose of this request is to rezone Lot 26, U.S. Survey 3098 from RR1 -Rural Residential One to B- Business. The property owner of U.S. Survey Lot F1 initiated this request, in accordance with KIBC Section 17.72.030C (Manner of Initiation) to allow for greater flexibility in the development of the lot. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2006 regular meeting. The Findings of Fact for this case was approved at their May 17, 2006 meeting. The Commission found this rezone request is appropriate and necessary, and they recommend that the Assembly approve the rezone. Findings in support of the rezone are included in the attached ordinance. Information considered by the Commission in making their decision is also attached. Fiscal Notes: Account No. APPROVAL FOR AGENDA: of C/7 3/4r ‘C Recommended motion: Move to adopt Ordinance No. FY2006 -13. Sections: Chapter 17.72 AMENDMENTS AND CHANGES 17.72.010 Authority. 17.72.020 Report from planning and zoning commission. 17.72.030 Manner of initiation. 17.72.040 Hearing on boundary change. 17.72.050 Boundary change may include additional property. 17.72.055 Submission to assembly. 17.72.060 Hearing determination. 17.72.070 Hearing -- Required -- Notice. 17.72.080 Repealed 17 -112 17.72.010 -- 17.72.040 17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or other- wise change these regulations and the boundaries of the district3 (Ord. 83 -58- §l(part), 1983). 17.72.020 Report from planning and zoning commission. The commission shall report, in writing to the assembly on any proposed change or amendment regardless of the manner m which such change is initiated and such report shall - find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensivE plan; and C. Recommendations as to the approval or disapproval of the change or amendment. (Ord. 83 -58 -0 §1(part), 1983). 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; ,,2D . / B. The commission upon its own motion; and petition pf one (1) or ore owners of ro ert within an area proposed to be rezoned. „2tti &'j be filed ion hall be in the form ot ap hcation for a c[iange in the bou of a district shall i the community development p de artment, be accomp b the re fee an such data and information as may be necessary no assure the fullest practicable resentatron of facts and shall set forth reasons and justification for proposing such change. (Ord. ?p3 -58 -0 § 1(part), 1983). 17.72.040 Hearing on.boundary change The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given m the manner (MB 03/06) Supp. #45 Introduced by: Manager Gifford Requested by:Planning &Zoning Commission Drafted by: Community Development Introduced: 06/01/2006 Public Hearing: 07/06/2006 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -13 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 26, U.S. SURVEY 3098 FROM RR1 -RURAL RESIDENTIAL ONE TO B- BUSINESS (2316 MILL BAY ROAD) WHEREAS, the petitioner for this rezone has indicated a desire to develop on the subject parcel; and WHEREAS, the Planning & Zoning Commission held a public hearing on April 19, 2006 for this case; and WHEREAS, the Commission finds that the rezone request to be generally consistent with the 1968 Kodiak Island Borough Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Assembly rezone U.S. Survey 3098 from RRi- Rural Residential One to B- Business; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: This ordinance is not of general application and shall not be codified. U.S. Survey 3098 is rezoned from RR1 -Rural Residential One to B- Business. The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This lot has no access to or from Bancroft as all the other residential lots in the area. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay road. Allowing this rezone will not have any adverse effects on the surrounding properties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -13 Page 1 of 2 Current Location P &Z Case # 06-010 William Bacus A request to rezone USS 3098 Lot 26B from RR1 to B- Business Legend parcels selection 1 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways. Roads. Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Mode, Kodiak. Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current: Zoning P & Z Case # 06 -010 William Bacus A request to Rezone USS 3098 Lot 26B from RR1 to B- Business Feet 0 100 200 300 400 500 111111 1 I I I Legend Urban Area selection 0 Two Family Residential Business Multi Family Residential Conservation ■ Industrial ❑ Light Industrial l� Natural Use Public Use ❑ Single Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:60360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up to Kodiak Island Borough Community Development Department. Public Hearing Item VI -D SUPPLEMENTAL MEMORANDUM DATE: May 2, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2006 Regular Meeting CASE: 06 -010 APPLICANT: KIB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIBC 17.72.030 (C), of United States Survey 3098, Lot 26B, from RR -1 Single Family Residential Zoning District to B - Business Zoning District. LOCATION: USS 3098 Lot 26B, 2316 Mill Bay Rd. ZONING: RR -1 Single Family Residential Nineteen (19) public hearing notices were mailed on February 8, 2006. Case 06 -010 COMMENTS This case was postponed at the March 15, 2006 Regular Meeting of the Planning & Zoning Commission in order to allow for the re advertisement of the request reflecting the proper current zoning of the subject parcel. At the April 19, 2006 Regular Meeting of the Planning and Zoning Commission the Commission voted to "Recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1- Single Family Residential to B- Business Zoning District." The adoption of Findings of Fact for Case 06 -010 were postponed until the May 17, 2006 Regular Meeting of the Planning and Zoning Commission. Per KIBC 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. `.... Page 1 of 2 P & Z: May 17, 2006 Public Hearing Item VI -D RECOMMENDATION Staff recommends that the Commission formulate findings sufficient to comply with the requirements of KIBC 17.75.020 (A) & (B), and to adopt such findings as Findings of Fact for Case 06 -010. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: [3] [4] [5] [6] Case 06 -010 Move to adopt the following ( ) findings as "Findings of Fact" for Case 06 -010. FINDINGS OF FACT (At the discretion of the Commission) [1] [2} Page 2 of 2 P & Z: May 17, 2006 Adopted by Ordinance 72 -9 -0, effective July 1, 1972, the 1968 Comprehensive plan zoned this property U — Unclassified. Ordinance 80 -9 -0 rezoned the property to R R - Rural Residential Zoning District, and Ordinance 83 -15- 0 subsequently rezoned the property to RR -1 Rural Residential Zoning District. 2. Lot Size: United States Survey 3098 Lot 26B 11,700 square feet 3. Existing Land Use: Single Family Residence 4. Surrounding Land Use and Zoning: North: United States Survey 3469 — unsubdivided portion of Use: Municipal airport operations buffer Zoning: PL — Public Use South: United States Survey 3098 Lot 26C Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District East: United States Survey 3099 Lot 27A Use: Vacant (Uses accessory to Lot 27B) Zoning: B - Business Zoning District (Ordinance 77 -29 -0, October 6, 1977). STAFF REPORT DATE: April 4, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 19, 2006 Regular Meeting CASE: 06 -010 APPLICANT: KIB Planning and Zoning Commission REQUEST: A rezone, in accordance with KIBC 17.72.030 (C), of United States Survey 3098, Lot 26B, from RR -1 Single Family Residential Zoning District to B - Business Zoning District. LOCATION: USS 3098 Lot 26B, 2316 Mill Bay Rd. ZONING: RR -1 Single Family Residential Nineteen (19) public hearing notices were mailed on February 8, 2006. Date of site visit: Various 1. Zoning History: Case 06- 010 /Staff Report Public Hearing Item VI -B Page 1 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B West: United States Survey 3098 Lot 26A Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District (Ordinance 73 -2 -0, February 1, 1973). 5. Comprehensive Plan: The 1968 Comprehensive Plan identifies this area as Residential Unclassified. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tide flats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. Case 06- 010 /Staff Report Page 2 of 6 P & Z: April 19, 2006 Consistent: N /A. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. 3. Dredge and Excavation Material' Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: NO. The proposed rezone area is located along Mill Bay Rd., a major arterial class road. The proposed zoning would result in development of a business area along this major public transportation route. There are screening and /or fencing requirements in the KIB zoning code that would require new development under commercial or industrial zoning to be screened, subject to a determination of the Planning and Zoning Commission. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Case 06- 010 /Staff Report Public Hearing Item VI -B Page 3 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. COMMENTS This case was postponed at the March 15, 2006 Regular Meeting of the Planning & Zoning Commission in order to allow for the re advertisement of the request reflecting the proper current zoning of the subject parcel. In the intervening time period, staff has conducted further investigations related to the current zoning of similarly situated parcels in the immediate vicinity of this request. As a result of these investigation(s), and absent evidence to the contrary, staff remains confident that the correct zoning of the subject parcel is RR -1 Rural Residential Zoning. The application for rezone submitted by the petitioner fails to include "such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change ". The language of KIBC 17.72.030 C is mandatory. The petitioner makes no claim of exigent circumstances. As submitted, the application appears to be a rezone request for the purpose of convenience. Spot zoning is defined in The Latest Illustrated Book of Development Definitions' as a "Rezoning of a lot or parcel to benefit an owner for a use that is incompatible with surrounding land and that does not further the comprehensive zoning plan." Additional explanatory commentary is provided to the effect that; "Spot zoning per se may not be illegal spot zoning is invalid only when all of the following factors are present: (1) A small parcel of land is singled out for special and privileged treatment, (2) the singling out is not to the public interest but only for the benefit of the land owner; and (3) the action is not in accord with a comprehensive plan." CONFORMANCE WITH THE COMPREHENSIVE PLAN: The comprehensive plan is intended to provide a consistent guide for planned community development and land use decisions over time. The 1968 Comprehensive Plan identifies this area as Residential Unclassified, and projected a land use of Public and Open Space in the year 2000. According to the 1968 Kodiak Island Borough Comprehensive Plan, the area requested for rezone is located within an area depicted as Public Use and Open Space, and designated for Hospital and School use by the year 2000. This concept has obviously fallen by the wayside, and the historical trend along the Mill Bay Corridor has been to rezone frontage parcels to the B - Business Zoning District. As a result, there are now only ten (10) privately owned frontage parcels between Birch Ave. and Benny Benson The Latest Illustrated Book of Development Definitions, Moskowitz and Lindbloom, Center For Urban Policy Research, 2004. Case 06- 010 /Staff Report Page 4 of 6 P & Z: April 19, 2006 Public Hearing Item VI -B Dr. which are not zoned for some level of commercial activity. Five of these parcels (including the subject) are located in the immediate vicinity of this rezone request. However, the subject parcel is not just a Mill Bay Road frontage parcel, it is part of a thirteen (13) lot residential enclave, which has been subdivided and developed as low - density residential. In this regard, continuing use as low density residential may be viewed as more conforming with the Comprehensive Plan than a rezone that would allow a much denser redevelopment of the parcel to occur. ZONING /USE: The scope of zoning review usually focuses on the lots requested for rezone. This request is for an individual parcel. The existing zoning, and land uses located within the vicinity of the rezone area, by necessity, must be confirmed in order to establish an accurate baseline starting point for the review. This enclave of residential development was originally three (3) large lots — United States Survey Lot 24, Lot 25, and Lot 26. Beginning in the early 1970's a number of subdivision requests were reviewed, rejected, and then approved by the Planning and Zoning Commission. Typically, these subdivision requests were submitted with contemporaneous requests for rezones. The confusion these "mixed bag" requests resulted in are evident in the historical case files. Small lot subdivisions were approved based upon contingencies, e.g., the area being annexed to the City, and public water and sewer availability, and then rezones. Ineffective over -sight and administrative controls appear to have resulted in the situation we face today — small (non- conforming) residential lots zoned RR -1 Rural Residential within the City limits. Central to the most recent confusion, i.e., incorrect zoning resulting in the postponement and re- advertising of this case, is an apparent administrative decision, made sometime in the undetermined past, that regardless of the true zoning of these parcels the effective development rights were typical of a R -1 Single Family Residential Zoning. This seems to be the cause of portraying these lots as R -1 Single Family Zoning on the Borough's Zoning Maps for a number of years. LAND SUITABILITY: The parcel is a rectangle with Mill Bay Rd frontage, and is served by City water and sewer utilities. A prominent bench bisects the parcel trending west to east resulting in a parcel with approximately the northern 1/3 of the parcel (Mill Bay frontage) at or about road grade and the remaining southern 2/3 of the parcel substantially below road grade. With suitable development, the land appears to be capable of serving as a retail / service business location. The parcel has a land area of 11,700 square feet, and because there is no minimum lot size in the requested B - Business Zoning District, the parcel meets the minimum required lot size. Currently, vehicular access to the parcel is across the adjoining parcel Lot 27A USS 3098. This access has not been shown to be legal. This access has undoubtedly been utilized for a number of years and (presumably) has adequately served the residential use. Whether this access or the lot can support the required on- site parking, including on -site turning and maneuvering, remains to be demonstrated. Case 06- 010 /Staff Report Page 5 of 6 P & Z: April 19, 2006 • RECENT DEVELOPMENT TRENDS IN THE AREA: The recent and long term development trend in the area, based on staff review of relevant case files and from first hand observations in the area, appears to be that of a continuation of a commercial strip along the Mill Bay Road corridor. TRAFFIC IMPACTS: This movement towards a commercial strip pattern along the major arterial of Mill Bay Road has almost been institutionalized with the recent advent of a "Midtown Merchants" advertising program. The popularity of a Mill Bay Road location for smaller business enterprises may be understood as a derivative of the traffic count along this corridor. According to the most recently available DOT traffic counts, this corridor sustains the highest daily traffic movement within the City. Strip commercial development, such as the commercial development along the Mill Bay Road corridor, can result in too many driveway cuts and turning maneuvers to maintain the generally higher speed limits that are desirable on a major arterial. Arterials are meant to move large volumes of traffic quickly and this intent can be compromised if there is a curb cut every so many feet. Currently, the property is improved with a 384 square foot (Assessor's parcel number R1448000262) residence and is accessed through the property adjoining on the East. Presumably, the petitioner will convert this structure to business use. In order to do so, the property must be developed with the required onsite parking (a minimum of three (3) spaces) and will result in another driveway curb cut in an already tightly constrained portion of the Mill Bay Road corridor. RECOMMENDATION Staff recommends that the Commission find that this rezone request does not meet the standards for approval of a rezone under KIBC 17.72.030 — C. Case 06- 010 /Staff Report APPROPRIATE MOTION Public Hearing Item VI -B Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B USS 3098 from RR1- Single Family Residential to B - Business Zoning District. Staff recommends that the preceding motion be FAILED and the following motion be made. Page 6 of 6 P & Z: April 19, 2006 Alternate Motion Public Hearing Item VI -B Move to adopt the Findings of Fact in the Supplemental Staff Report dated March 21, 2006 as "Findings of Fact" for Case 06 -010. FINDINGS OF FACT [1] KIBC 17.72.030 Manner of initiation, requires, among other items, that the request ... "shall set forth reasons and justification for proposing such change." [2} The petitioner has failed to provide for the written record "reasons and justification for proposing such change." As submitted, the application appears to be a rezone request for the purpose of convenience. [3] Case 06- 010 /Staff Report Page 7 of 6 P & Z: April 19, 2006 KODIAK ISLAND BO$OUGH - COMMUNITY DEVEISPMENT DEPARTMENT 710 Mill Bay Rd., R 05, KODIAK, AK 99615 -6398 (907) 486 3 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Property owner's name 7/4 ghsvwc vorn7 Propert owner's mailing address City State «R4 eh% -, 3f>9 Home phone Work Phone Agent's name (If applicable) Agent's mailing address City Home phone Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative /History As -built Survey Photographs _ Maps _ Other i-6 -off Property Owner's Signature Date Authorized Agent's Signature Date A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source. The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY ry ^� Code Section(s) Involved: 1 . 7 . � 6 ( t, it Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KlQC 17.67.0 Other (appearance req ts, site pl- r- ) v Zoning change from' ,to L . Application received by: Staff signature Applicant Information Zip E -mail Addr. State Zip Work Phone E -mail Addr. Property Information R1144 Doo 2t o Property ID Number /s aaem wn,u t301 Qd. 1--tfe 2G Q, use ? cAR Legal Description Current Zoning: et Applicable Comprehensive Plan: 1969 k(3 Year of Plan adoption: / 1 2 Present Use of Property: et-S 4 Proposed Use Qf Property: y: -^ BUSbk.C. '� C. [ C7_ e _�� (J• .4 -r Cam• 0-4 'uA (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) 0.: '.250A0 eax,eto )4150430 1KIBC }7 and 030.C)* PAYMENT VERIFICATION Le than 1t1res S350.0t 6 td500 derec ti75000 WP tYt €) 4te t S (Mn 0', 40 0 ' tfts't, irct q .500 Oh L,4urt nue, c (ied ;rte �ritih Res&u . R O& -otO CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Jerrol Friend — Chair David King Casey Janz Gary Carver Dennis McMurry Brent Watkins Gary Juenger PUBLIC HEARINGS May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 17, 2006 MINUTES Present X X X X Excused Absent Others Present X X X Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S FRIEND, CARVER, AND McMURRY. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 4 -0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 19 minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. F. Case 06 -010. Request a rezone, in accordance with KIBC 17.72.030, 17.72.030.C, 17.72, 17.18, and 17.21, of Lot 26B, U.S. Survey 3098, from RR1 -Rural Residential One to B- Business. The location is 2316 Mill Bay Road, U S Survey 3098, Lot 26B, and it is zoned RR1 -Rural Residential One. Staff reported this is continued from the last meeting and a motion has been made. COMMISSIONER FRIEND has submitted (3) Findings of Fact to be adopted if you so choose. COMMISSIONER JANZ MOVED TO ADOPT the Findings of Fact for Case 06 -010, which reads: 1. This lot has no access to or from Bancroft as all the other residential lots in the area. 2. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay Road. 3. Allowing this rezone will not have any adverse effects on the surrounding properties. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 -0 P & Z Meeting Minutes Page 3 of 5 OLD BUSINESS NEW BUSINESS COMMUNICATIONS REPORTS ADJOURNMENT ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: June 21, 2006 May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair P & Z Meeting Minutes Page 4 of 5 I. CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 19, 2006 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on April 19, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Present Excused Absent Others Present Jerrol Friend — Chair X Mary Ogle, Director David King X Community Development Dept. Casey Janz X Gary Carver X Dennis McMurry X Brent Watkins X Gary Juenger X A quorum was established. III. APPROVAL OF AGENDA 1V. APPROVAL OF MINUTES IV. AUDIENCE COMMENTS AND APPEARANCE REQUESTS V. PUBLIC HEARINGS B) Case 06 -010. Request for a rezone, in accordance with KIBC 17.72.030, 17.72.030C, 17.72, 17.18, and 17.21, of Lot 26B U.S. Survey 3098, from RR1 -Rural Residential One to B- Business. Location is 2316 Mill Bay Rd, U.S. Survey 3098, Lot 26B and is zoned RR1 -Rural Residential One. Staff stated that at the last meeting there was question as to the existing zoning. Staff has spent a significant amount of time researching past zoning ordinances over the past several decades and zoning maps They have deemed, based on legal documentation, that the property is truly zoned RR1. When they have an incidence like this, legal precedence goes to ordinances that are approved at Assembly level that changes zoning. Sometimes there's a conflict between zoning maps and zoning ordinances so legal precedence goes to the ordinances. Staff re- advertised and re -ran the legal ad and now it is before the commission. Based on the Comprehensive Plan for the area staff is recommending the Commission finds this rezone request does not meet the standards for approval under KIBC 17.72.030 C and should the Commission agree move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1 to B- Business. April 19, 2006 P & Z Meeting Minutes COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RRl- Single Family Residential to B- Business Zoning District. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: William Bacus stated the last time he was there everyone wanted to know what he was going to do with the lot, so he said he wants to sell it. He thinks it is a good opportunity to rezone it to Business. Bacus also said all of Mill Bay Road will be Business zoned in the near future. Ken Damm said he works for Associated Island Brokers and he is representing William Bacus on helping him to sell the property. Bacus does have a buyer if it can be rezoned as Business. He doesn't know what the person plans on doing with the property, but he strongly recommends rezoning it to Business. .He was told Mrs. Hall went in to ask for her property be rezoned to Business and was told she didn't have to worry about it because it was probably going to happen anyway and was sent away. Someone should call her to see if that is true because if she does want to rezone it would have helped our case to have her with us, and not sent away. Please vote to rezone this property. COMMISSIONER JUENGER said there is a question about the access. It looks like you go in the school parking lot to get to the back, presumably through the lot itself to get to the back. Ken Damm said Bill is a dirt contractor and he can put a road along side the building. The church has a metal building stored on the backside of the Bacus lot and it has been jointly used by the church and Bacus. The church has also been looking to buy the property. Public hearing closed: Regular session opened: The Commission discussed different aspects of the case. The question was called on the main motion, and CARRIED 6 -0. COMMISSIONER CARVER MOVED TO POSTPONE Findings of Fact until the May 17 regular meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. VI. OLD BUSINESS VIII NEW BUSINESS IX. COMMUNICATIONS X. REPORTS XL AUDIENCE COMMENTS XII. COMMISSIONER COMMENTS VI. ADJOURNMENT April 19, 2006 P & Z Meeting Minutes ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: May 17, 2006 April 19, 2006 P & Z Meeting Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 9.F Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and To Not Allow the Borough to Contract With Those Entities. The Borough has had various vendors and contractors who have not paid tax levied by the Borough, special assessments levied by the Borough, charges for utility or municipal waste services, and other Borough fees. The Borough wishes to require every person, corporation, or other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the borough. Untimely payment of non - payment of taxes, special assessments, utility services, municipal waste services, or other Borough fees can adversely effect every taxpayer and the Borough. By adding this ordinance to the code the Assembly will promote a fair and efficient resolution of such delinquencies for all parties. Fiscal Notes: Account No. APPROVAL FOR AGENDA: 0.1 740 Recommended motion: Move to adopt Ordinance No. FY2006 -14. 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals -- Negotiated procurement. 3.16.115 Delinquency. 3.16.115 Delinquency A. The borough shall not award a contract or purchase order to any person, corporation, or other business entity who is delinquent in paying (i) any tax levied by the borough; (ii) any special assessment levied by the borough; (iii) any charge for utility or municipal waste services; or (iv) any other borough fee due under the Code, unless the person, corporation, or other business entity cures the delinquency within thirty days after the mailing of written notice of the delinquency. In the case of a closely held business, this prohibition shall also apply to the delinquency of their legal principals or officers. For purposes of this section, a payment shall be considered "delinquent" when it is not made on or before the applicable deadline established by the Borough Code, or by written notice if the Code does not establish a deadline, or, if the Code does not establish a deadline and a deadline is not established in a written notice, within 60 days of the mailing of written notice that the payment is due. B. The borough may terminate any contract or purchase order if the person, corporation, or other business entity and, in the case of a closely held business their legal principals or officers, becomes delinquent in payment of any of the items listed in subsection (a) of this section, unless the delinquency is cured within thirty days after mailing of written notice as above. C. The borough may deduct from any amount otherwise due the person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers under any contract or purchase order an amount equal to the total of all such delinquent amounts that the contractor owes for (i) taxes levied by the borough; (ii) special assessments levied by the borough; (iii) charges for borough utility or municipal waste services; and (iv) other borough fees due under the Code. D. Nothing in this section shall prevent any person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers from paying under protest any tax, special assessment, utility or municipal waste charge, or other borough fee, or pursuing appropriate judicial or administrative action to contest or recover any such tax, assessment, charge or fee. F. For purposes of this section, the term "closely held business" shall mean a corporation, limited liability company or other business entity which has less than five unrelated (by blood or marriage) owners. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2006 -14 Page 2of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.A.1 Contract No. 2007 -01 Economic Development Services for FY 2007 Between the KIB and the Kodiak Chamber of Commerce in the Amount of $43,000 per Annum. The Borough has worked in funding the Economic Development position with the city for many years. This contract would renew this relationship for the 2007 fiscal year. The duties to be accomplished for this period are spelled out in the attached agreement document. Staff recommends approval of the contract. Fiscal Notes: Expenditure Required: ❑ n/a ❑ n/a Account No. Amount Budgeted: ❑ n/a APPROVAL FOR AGENDA: d • Recommended motion: Move to approve Contract No. 2007 -01 Economic Development Services for FY 2007 Between the KIB and the Kodiak Chamber of Commerce in the Amount of $43,000 per Annum. 9074867606 kodiak chamber ofcom ECONOMIC DEVELOPMENT PROGRAM AGREEMENT 02:63:33 p.m. 06 -23 -2006 3 f4 THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and the Kodiak Chamber of Commerce (contractor) for the purpose Of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide economic development activities. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide an economic development committee and a full time staff person to focus on economic development planning and project development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will provide a full -time staff person who will serve as staff to an economic development committee drawn from the Kodiak Island community with representatives from the City of Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and with the Kodiak Chamber of Commerce. The staff person will work with the Committee to accomplish the following tasks identified in thc document, such as: a. Actively pursue. business opportunities within the newly activated Foreign Trade Zone. b. Continue to keep the community informed on the status of the Kodiak -Kenai Cable Company, LLC fiber optics project. c. Work with thc Kodiak Branding and Marketing Committee in their efforts to develop and implement a marketing plan and quality assurance program for Kodiak seafood. d. Work with the National Marine Fisheries Service, University of Alaska Fishery Industrial Technology Center, and local processors to achieve stability and diversification in the fish processing industry by encouraging secondary and value -added processing, harvesting of under- utilized species, and by maximizing by-product utilization. e. Work with the Kodiak Lsland Convention and Visitors Bureau to transform the visitor industry into a significant component of the Kodiak Region's economy. Provide, results of data to the business community on thc project that measures visitor satisfaction of travelers exiting Kodiak Island via the Alaska Marine H ighway System_ t. Participate on the Kodiak College Advisory Council fostering their goals to provide higher education options and opportunities for Alaskans. g. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native Association, and other organizations to encourage entrepreneurship and assist small business development h. Continued participation and involvement with Southwest Alaska Municipal Conference in their efforts to bring economic stability to the region. i. Work with educational institutions, public funding entities and industry to develop a comprehensive economically sustainable fisheries research facility in Kodiak; 9074867606 kodiak chamber ofcom 02:63 :69 p.m. 06 -23 -2006 4/4 Explore new employment and business opportunities related to the Kodiak Launch Complex; k. Explore ways of enhancing Kodiak's position as a regional transportation hub. I. Assist in the economic development of Kodiak Region outlying communities; A rninimuru of four Comprehensive Economic Development Strategy couuniltcc meetings will he scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all activities of the contractor will be submitted to the Borough Manager following each meeting. Section 3. TERM. This agreement will remain in effect .luly I, 2006 through June 30, 2007, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, c retractor shall he paid $43,0O(1.(k) by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $10,750.00 on the second Friday of July and October 2006, and January and April 2007. IN WI'T'NESS WHEREON the parties have executed this Agreement on this day of June 2006. KODIAK ISLAND BOROUGH CHAMBER ON COMMERCE Rick Clifford, Borough Manager Norm Wooten, Executive Director Attest: Borough Clerk 9074867606 kodiak chamber of com Gign Pat Brunson President 0243:20 p.m. 06 -23 -2006 • Participate on the Gulf of Alaska Groundfish'Caskforce Committee whose purpose is to work toward a community consensus regarding what is best for the Kodiak Island Community and GOA groundfish fishery in the context of the NPPMC considering a rationalization (motion plan) for GOA groundfish. • Participated in NxLevel training and will work with Kodiak College on delivery of entrepreneurship training to local island residents. • Participated in Rural Regional Leadership Forum sponsored by Kodiak Island Housing Authority. It has been a pleasure working with the Kodiak island Borough in our joint efforts to foster economic growth and development of our community. We look forward to continuing the efforts to promote Kodiak and its growing economy. 2 /4 9074867606 CROWN SPONSORS ywz tno wuzoN • KC. )t kodiak chamber of com KODIAK - CHAMBER _ OF COMMERCE June 7, 2006 Rick Gifford, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dedicated to Kodiak's Economic Future 02:62:68 p.m. 06 -23 -2006 100 E. Marine Way, Suite 300, Kodiak Alaska 99615 • (907) 486 -5557 • FAX; (907) 486 -7605 www.kudiak.org • Email: chamber@kodiak.org • Dear Rick, Please consider this letter a request for renewal of the contract between the Kodiak Island Borough and the Kodiak Chamber of Commerce for provision of economic development services for fiscal 2007 in the amount of $43,000 per annum. Economic Development Specialist activities - fiscal 2006: • Administration of the Department of Community and Economic Development grant that provides funds for the Kodiak Branding and Marketing Committee to develop and implement a seafood quality assurance program and alternative- markets for Kodiak seafood. • President of the Kodiak College Advisory Council whose mission is to assist the College in their goals to provide higher education options and opportunities for Alaskans. Participated in their strategic planning efforts via focus group facilitation. • Provision of economic data to local agencies and groups in their efforts to secure grant funding. • Continue to keep current on the status and provide up -to -date information to the community on the fiber optic cable project. • Provision of training services to outlying Communities — participated in tourism training workshop in Ouzinkie as part of their community planning efforts. • Participate on the board of directors of the Southwest Alaska Municipal Conference. • Participated on a project that measures visitor satisfaction of passengers exiting Kodiak Island via the Alaska Marine Highway system. 1 /4 Fiscal Notes Buildings: Account Nos. Annex Bldg. [610 Egan ] 220 232 450 360 Landfill /Baler Bldg. 530 731 450 360 Landfill /Baler Equipment 530 731 450 365 KIB Bldg/Tsunami Ctr. /Rentals 220 232 450 360 KFRC 555 758 481 120 KFRC Dorms 555 759 481 120 Womens Bay Fire Dept. 252 214 450 360 Bayside Fire Dept. 250 212 450 360 Expenditure Required: $ 273,235.17 Amount Budgeted: ❑ n/a Regular Meeting of July 6, 2006 Kodiak Island Borough AGENDA STATEMENT Contract No. 2007 - 02 Kodiak Island Borough Facilities Fuel Oil Delivery This contract will supply and deliver #1 and #2 heating oil to KIB facilities. KIB facilities include the Landfill /Baler Building, KIB Admin Building, Chiniak Tsunami Shelter, KFRC Laboratory Facility and dorms, Fire Stations, other KIB rental facilities, such as the cottage buildings (720 Egan), and the Annex Building. The benefit of the bid process is that we combine the quantity of heating fuel needed for all KIB facilities with the quantities of fuel needed by the School District and the Hospital, for a bulk purchase. Each entity is responsible for paying the fuel bill for their respective facility, yet we all receive a price break for the large quantity purchased. This is important for an item that is a commodity where market value fluctuates wildly. KIB consumes approximately 110,100 gallons of fuel for its facilities per year. The School District consumes 286,700 gallons/year and the Hospital consumes 120,300 gallons/year. The bidding process is performed by the school district. Bid proposal instructions require vendors to use an industry base cost (known as the Seattle OPIS price — This is a posted daily price of heating fuel in Seattle). On top of the OPIS price the vendor adds their margin or price to do business. The decision to award a contract is not based on the fuel cost, but on the bidder's margin. The vendor that offers the lowest margin is selected to supply fuel. That way, as the market price of fuel increases and decreases, the margin cited in the bid offering remains the same. The bid packet for heating fuel went out for a 1 year (option A) term or a 3 year (option B) term. Results came back with one bidder. This bid offered a margin of 17 cents fora one year contract and 16 cents for a three year contract. Because the margin for the three -year contract is lower that the one year contract, it is recommended that KIB enter into a contract with Petro Star for a three year contract based on a margin of 16 cents above the weekly average of the posted Seattle OPIS price. These are the same terms that the school district selected when they approved their heating fuel contract with Petro Star, Inc. at their last meeting. VENDOR #1 Town Petro Star, Inc. (1 year) $0.17 (3 year) $0.16 #2 Town $0.17 $0.16 CHINIAK $0.17 $0.16 Item No. 13.A.2 APPROVAL FOR AGENDA: 404 g 77d C Recommended Action: Move to award Contract No. 2007- 02 to Petro Star, Inc. for heating fuel delivery to Kodiak Island Borough facilities for a term of 3 years based on a margin of 16 cents above the average weekly OPIS price quote. SPRING 2006 KIBSD /KIB FUEL BID - OPTION "A" Vendor Information Business Name: -r { �, C{ Contact Name: `.„ Or to rr,i Contact Phone Number: a ti Contact FAX Number: ce 6 — 310 f Mailing Address: YG t ('KCctX Alts kc� Location (Street address): E -mail address: Its Ske Lk„r ! t,f Signature Nock 0:904./ iM 6 Titl 5 — bb Date Option "A" — One (1) year contract pricing Base* = a,3 U7 + t'r? (margin) = AZ Delivered price per gallon for Town # 1 Base* = + 4t] (margin) =,2..t-( rat Delivered price per gallon for Town # 2 Base* = + ., t7 (margin) = »V Delivered price per gallon for Chiniak # 1 Base* = + . t'1 (margin) =2.4 617 Price per gallon for non -road system schools (� a ye u,. w h e.r c vu,t 5e c.--c-A-1 t OPT s (\Ai k j .t- Rc 1� ` S C I e s t e r ti Base* = The averaged Seattle OPIS rack price per gallon for the period commencing April 18 and ending May 18, 2006.. SPRING 2006 KIBSD /KIB FUEL BID - OPTION "A" Vendor Information Business Name: Petro Marine Service Contact Name: Alexis Hales Contact Phone Number: 907 - 486 - 3421 Contact FAX Numher: 907- 486 -6833 Mailin Address: P.O. Box 1337 • Signature Plant Manager "rifle _5/24/06 [)ate g atio Kodiak, Alaska 99615 Location (Street address): 104 Marine Way E - mail address: lexh@harborent .com Option "A" - One (1) year contract pricing Base* = 2.566 - .171 (margin) = 2.737 Delivered price per gallon for Town = 1 Base = 2.338 - .171 (margin) = 2.509 Delivered price per gallon for Town 4 2 Base* = 2.566 = .22 (margin) = 2.786 Delivered' rice. per � I gallon for Chiniak :- I Base* = 2.338 - .171 (mar gin) = 2.509 Bash" = The averaged Seattle ()PIS rack price per gallon Ibr the period commencing April I8 and ending Nlay 18.2006. Price per gallon for non -road system schools Business Name: Contact Name: Contact Phone Number: Contact FAX Number: Mailing Address: �I S SktiikwF p.J p Option "B" — Three (3) year contract pricing Base* = -9 (5?,+ -1 b (margin) =21.55t—Delivered price per gallon For Town # I Base* _ 2 + " J 6 (margin) 2...915b Delivered price per gallon for Town # 2 Base* =„2:1156 + t , (margin) Sl51 Delivered price per gallon for Chiniak # 1 Base* = -9 L5 + I (, (margin) =02 S Price per gallon for non -road system schools Q,a.5e uyvw‘bzr re- re -rrj. c.t 5ec.A41e_ OV s— G,„1Lrr cor tow .8 JI S=R•'r 0 dare- 1 1v3iek sot For Oj7 w�t1 ✓> � laz-? 4Sl�i (Kr Tont i ;;C t' ri Base* = The averaged Seattle OPIS rack price per gallon for the period commencing April 18 and ending May 18, 2006. Location (Street address): E -mail address: Signature tt— &.�i6%1S Tit1J Date SPRING 2006 KIBSD /KIB FUEL BID — OPTION "B" Vendor Information ?ON �� rr'> S-Fca -r c\ -6 � n o r Lk ' t, t' i t 1. �tl‘ R iP. c‘iG l `l ?. 6 32-Y5- 32 5 Po t4ai. tRq7 iC &twkC 416 5kc. VIA a.r'ui.3 er coa000 KODIAK ISLAND BOROUGH SCHOOL DISTRICT 722 Mill. Bay Road Kodiak Alaska 99615 (907) 486 -9204 — Fax (907) 486 -9280 FUEL SUPPLY AND DELIVERY BID REQUEST SPRING 2006 To whom it may concern: The Kodiak Island Borough School District (KIBSD), the Kodiak Island Borough (KIB) and Providence Kodiak request bids for the supply and delivery of #1 and #2 heating fuel to the road system schools, KIB facilities and Providence Kodiak. A specification sheet is attached. * All prices must be as delivered to the listed facilities. Please mark your Bid envelope as follows: FY 2006/07 Fuel Bid Kodiak Island Borough School District 722 Mill Bay Road Kodiak AK, 99615 Sincerely, Quotations must be received by 12 p.m. May 24, 2006 at the KIBSD Shipping and Receiving Office, 722 Mill Bay Road, Kodiak, Alaska. They will be opened May 24, 2006 at 1:05 p.m. in the KIBSD Central Office Conference room. A Local vendor preference of up to 10% may be given to vendors maintaining offices in Kodiak if all other factors are equal The KIBSD the KIB and Providence Kodiak reserve the right to reject any or all bids. The KIBSD, the KIB and Providence Kodiak are equal opportunity employers and encourage minority business enterprises to submit bids. Gregg Hacker KIBSD Operations Supervisor The Kodiak Island Borough School District (KIBSD), the Kodiak Island Borough (KIB) and Providence Kodiak are soliciting bids from qualified firms for the supply and delivery of #1 and #2 heating fuel to the road system schools, supply to non -road system schools, KIB facilities and Providence Kodiak. Each separate entity shall award: SPRING 2006 KIBSD /KIB FUEL BID SPECIFICATION Option "A" A one -year contract commencing July 1, 2006 and ending June 30, 2007 to the vendor submitting the lowest margin above the averaged Seattle OPIS rack price per gallon for the period commencing April 24 and ending May 19, 2006 for each gallon delivered or supplied to the KIBSD, KIB or Providence Kodiak. The vendor's margin must remain firm for the term of the contract. Option `B" A three -year contract commencing July 1, 2006 and ending June 30, 2009 to the vendor submitting the lowest margin above the averaged Seattle OPIS rack price per gallon for the period commencing April 24 and ending May 19, 2006 for each gallon delivered or supplied to the KIBSD, KIB or Providence Kodiak. The vendor's margin must remain firm for the term of the contract. Documented price fluctuations throughout the contract period may change the delivered price per gallon monthly in direct proportion the averaged daily Seattle OPIS rack price per gallon for the previous month. Documentation of these price fluctuations, the calculations and the resulting new price(s) per gallon shall be faxed to the KIBSD Maintenance Office, the KIB Engineering and Facilities Office and Providence Kodiak by noon on the second business day of the month. Example: If the Vendors cost was $1.00 plus a $.18 margin ($1.18 per gal) and the averaged price change for the previous month was two cents per gallon, the price increase or decrease to KIBSD, KIB or Providence Kodiak would increase ($1.20) or decrease ($1.16) of two cents per gallon for the new month. The delivered price per gallon for the month of July 2006 shall be the averaged Seattle OPIS rack price per gallon for the month of June 2006 plus the Vendors margin. All accounting and reporting shall be separated into three distinct contracts /accounts, one for the KIBSD, one for the KIB and one for Providence Kodiak. The vendor's delivery system shall ensure adequate fuel levels be maintained at all times. Costs associated with deliveries made outside of normal working hours are to be borne by the successful vendor. Delivery of fuel to the Chiniak School must be at the request of the District only. The successful vendor will be responsible for all remediation and spill response cost which result from overfilling of the tanks or spillage while filling. The KIBSD, the KIB and Providence Kodiak reserve the right to reject any or all bids. Business Department #2 8,500 Chiniak School #1 3,000 East Elementary School #2 25,000 Kodiak High School #2 155,000 Kodiak Middle School #2 26,000 Main Elementary School #2 15,000 North Star Elementary School #2 21,000 Peterson Elementary School #2 17,000' Rural Schools (722 Egan) #1 1,200 Non -Road System Schools #1 15,000 KIBSD Estimated gallons 286,700 Aux Building (610 Egan) #1 1,200 Baler Facility #1 4,000 Baler Facility #2 13,300 Bayside Fire Dept #1 5,000 Borough Building #2 15,500 Cottage (720 Egan) #1 1,200 Chiniak Tsunami Shelter #1 500 Kodiak Fisheries Research Center #2 55,000 Kodiak Fisheries Apartments #2 12,000 Women's Bay Fire Dept #1 2,400 KIB Estimated gallons 110,100 Providence Kodiak #2 120,000 Providence Kodiak #1 300 Providence Estimated gallons 120,300 Please note that the following estimated annual quantities are for bid information only and are not to be interpreted as guaranteed deliverable quantities. Weather conditions and building occupancy will determine actual consumption. KIBSD Facilities KIB Facilities Providence Kodiak Facilities Fiscal Notes: ❑ n/a Account No. 530 - 731 -450 -510 Expenditure Required: $90,000 n/a ,, to c 0 _ Amount Budgeted: $90,000 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.A.3 Contract No. 2007 -03 Recycle Services with Threshold Services Inc. The Kodiak Island Borough has worked with Threshold Services, Inc, a private —non profit that provides recycling services for the community, for a number of years. Threshold works with vocational clients to perform the necessary processing of recyclable material (sorting, baling etc) to prepare them for shipment. This labor and coordination occurs at no cost to the Borough. Payment is made to Threshold after receiving invoices from them that states identifies the amount of material shipped off the island. The concept is to pay them for the amount of space that is saved at the landfill by their recycling efforts. In the past payment has come out of the general landfill budget with a basic agreement document. The manager wants these agreements in contract form to be reviewed and approved by the Assembly. Threshold has been instrumental in recycling over a million pounds of material that would normally be placed in the landfill. This action saves us landfill space to used for those items that generally not recyclable. The types of items that are recycled include, cardboard, paper (color and white) newspaper, plastics of various kinds, magazines as well as wine bottles. The Borough Engineering and Facilities Department recommends approving a contract to Threshold Services, Inc for recycling services for FY 2007 in an amount not to exceed $90,000 based on the amount of material shipped off island. APPROVAL FOR AGENDA: de/ C /±74c RECOMMENDED MOTION: Move to award Contract No. 2007 -03 Threshold Services, Inc. in the amount of $90,000. M THRESHOLD RECYCLING SHIPMENT AMOUNTS 7/05 -6/06 July 2005 Cardboard: Container #SEAU - 863644 Container #SEAU- 863650 Mixed Recycle Material: Container #SEAU- 854910 August 2005 Cardboard: Container #SEAU- 849076 Container #SEAU- 854877 Container #TRLU - 552419 Mixed Recycle Material: Container #SEAU- 855179 September 2005 Cardboard: Container #SEAU- 854256 Container # Mixed Recycle Material: Container # October 2005 Cardboard: Container #SEAU- 854377 Mixed Recycle Material: Container #SEAU- 868352 Container #SEAU- 848385 Tires: Container #SEAU- 848537 November 2005 Cardboard: Container #SEAU- 863740 Container #SEAU- 8501933 Mixed Recycle Material: Container #SEAU- 848318 December 2005 Mixed Recycle Material: Container #SEAU- 8503535 Container #SEAU- 8545398 January 2006 Cardboard: Container #SEAU- 849639 Shipped: 07/12/05 Shipped: 07/26/05 Shipped 07/1905 Shipped: 08/03/05 Shipped: 08/24/05 Shipped: 08/30/05 Shipped: 08/26/05 Shipped: 09/28/05 Shipped: 09/30/05 Shipped: 09/30/05 Shipped: 10/12/05 Shipped. 10/13/05 Shipped: 10/28/05 Shipped: 10/19/05 Shipped: 11/10/05 Shipped: 11/18/05 Shipped: 11/9/05 Shipped: 12/9/05 Shipped: 12/21/05 • Shipped: 1/6/06 30,000 lbs 30,000 lbs 30,000 Ibs 30,000 lbs 30,000 lbs 30,000 Ibs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 lbs 30,000 Ibs 30,000 lbs 30,000 Ibs 30,000 lbs 30,000 Ibs 30,000 lbs Container #723915 Mixed Recycle Material: Container #SEAU - 852841 Container #SEAU- 852960 Shipped: 1/26/06 30,000 Ibs Shipped: 1/10/06 Shipped: 1/30/06 30,000 lbs 30,000 lbs February 2006 Cardboard: Container #SEAU- 850577 Shipped: 2/15/06 30,000 Ibs Mixed Recycle Material: Container #SEAU- 853882 Shipped: 2/28/06 30,000 lbs March 2006 Cardboard: Container #SEAU- 853731 Shipped: 3 /13/06 30,000 lbs Mixed Recycle Material: Container #SEAU- 850198 Shipped: 3 /17/06 30,000 lbs April 2006 Cardboard: Container #SEAU- 853908 Shipped: 4/13/06 30,000 Ibs Mixed Recycle Material: Container #SEAU- 850180 Shipped: 4/24/06 30,000 lbs May 2006 Cardboard: Container #SEAU- 854952 Shipped: 5/19/06 30,000 lbs Mixed Recycle Material: Container #TEXU - 535114 Shipped: 5/8/06 30,000 lbs Container #SEAU- 850708 Shipped: 5 /11/06 30,000 lbs Container #TRLU- 492620 Shipped: 5 /12/06 30,000 lbs ,Tune 2006 Cardboard: Container #AMFU- 850074 Shipped: 6/22/06 30,000 lbs Mixed Recycle Material: Container #TOLU- 162130 Shipped: 6 /6/06 30,000 lbs CONTRACT FOR RECYCLING SERVICES / 0 20c.) ~off Kodiak Island Borough (KIB) and Threshold Services, Inc (TSI) hereby agree: U / I ( \e{ 1. TSI agrees to recycle cardboard and other recyclable materials that would otherwise be delivered to KIB's sanitary land fill from July 1, 2005 through June 30, 2006. 2. In any month when TSI can demonstrate that it has, for the last six months, averaged over 35 tons of recyclable materials shipped off Kodiak Island, KIB agrees to pay TSI $7500, and if it has not, $6000, on or before the 10th day of the following month. 3. TSI shall, during the last week of each month, submit an invoice in the form set out as Exhibit A hereto, and attaching the spreadsheet in the form set out as Exhibit B hereto, with current information provided. Date J S Kodiak Island Boro aJ C/€4-- ■4h_ A ' • . l Al • A . A ilia -27 -PS Date hreshold Servic , Inc. 300 \303.doc DATE: TO: THRU: FROM: SUBJ: KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM July 6, 2006 Borough Assembly Rick Gifford, Manager de Bud Cassidy, Director of Engineering and Facilities Threshold Contract for Recycle Services I. Introduction Matt Jamin of Threshold Services, Inc. came before the assembly and explained the financial difficulties of the operation. His basic message is that transportation cost have risen (they were free courtesy of Horizon, but now there is a need to charge a partial amount), Worker's Comp fees for employees have risen while the cost of recycle products has declined. Based on these factors, he is recommending that the operation close down. II. USCG Contract There is some relief on the horizon and that is a contract to provide recycle services to the Coast Guard. The problem is it not known when that contract will be awarded (current estimate is the late August — September timeframe) III Threshold Request Threshold is looking for accelerated payments by the Borough to get them through the early months of the 2007 fiscal year. That amount is $7,500 for July (same as the current contract, because there is other money remaining in the Threshold budget) but $14,500 by August 1, and $14,500 by September 1 when it is anticipated that a contract with the Coast Guard is in place. Should the Coast Guard contract be in place before the September deadline, the borough contribution will not be required. IV. Conclusion It is recommended that this request be granted. Recycling is the savior of our landfill. It saves space that can then be used for the things that actually have to be land filled. It is also important that the borough not enter into a long term contract with Threshold Services, Inc. until their financial situation is on solid ground. Fiscal Notes: ❑ n/a Account No. 100 - 125 - 450 -435 Expenditure Required: $46,320 annually ❑ n/a Amount Budgeted: $46,320 ❑ n/a Regular Meeting of July 6, 2006 Pulled from the agenda Kodiak Island Borough AGENDA STATEMENT Item No. 13.A.4 Contract No. 2007 -04 Contract No. 200644 New World Systems Corporation Standard Software Maintenance Agreement. This contract extends our maintenance agreement with New World Systems for three years. This is the software for our general ledger, payroll tax collection, utility billing, accounts receivable, and other financial software. Payments are made annually and the contract can be terminated with 90 days notice. APPROVAL FOR AGENDA: d x/ 7% G Recommended motion: Move to approve Contract No. 2007 -04 with New World Systems Corporation Standard Software Maintenance Agreement for the period of July 1, 2006 to June 30, 2009 in an amount not to exceed $46,320 per year. NEW WORLD SYSTEMS CORPORATION STANDARD SOFTWARE MAINTENANCE AGREEMENT c IDD7 -o9 This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and Kodiak Island Borough, Alaska (Customer) sets forth the standard software maintenance support services provided by New World. 1. Service Period This SSMA shall remain in effect for a period of three (3) years from (start date) 07/01/06 to (end date) 06/30/09. 2. Services Included The following services or features are available under this SSMA: (a) Upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); (b) Temporary fixes to Licensed Standard Software (see paragraph 6 below); (c) Revisions to Licensed Documentation; (d) Reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); and (e) Invitation to and participation in user group meetings. Items a, b, and c above will be distributed to Customer on magnetic media or other means, as appropriate. After installation, Customer shall return any magnetic media to New World. Additional support services are available as requested by Customer using the then- current hourly rates or applicable fees. Exhibit B of your original License Agreement has a description of support services available 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, then the additional New World maintenance or support services provided shall be billed at the then - current Exhibit B hourly fees plus reasonable expenses. 4. Billin Maintenance costs will be billed annually as detailed on the following page. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.) If taxes are imposed, they are the responsibility of the Customer and will be remitted to New World upon being invoiced. 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA as they are installed at Customer's location. Maintenance costs for the additional software will be billed to Customer on a pro rata basis for the remainder of the current maintenance year and on a full year basis thereafter. CONFIDENTIAL (Rev SSMA 03/94) Kodiak Island Borough, AK 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non -warranty request is handled as a billable Request for Service (RFS) using Exhibit B Support Services. The no charge software correction service does not apply to any of the following: (a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; (b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and (c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Non - Funding Provision In the event Customer does not appropriate funds to complete payments due under this SSMA, the amount due for the fiscal year not appropriated shall be terminated; provided, however, the Customer shall have given New World ninety (90) days written notice from the anniversary date that they are exercising the non - funding provision, and further provided that any other payments due to New World are fully paid, and further provided that New World's obligations and services under this SSMA shall also be terminated. Without Customer's fulfillment of the above provisions, Customer's obligation to pay New World the annual SSMA payments remains in effect through the expiration date of this SSMA Agreement. 8. Maintenance Costs for Licensed Standard Software Packages Covered for IBM AS /400 Model 720 New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Package Number of Modules 1. Logos - Financial Management Base Software 13 2. Logos - Human Resources Software 1 3. Logos - Utility Information Software 1 4. Logos - Property Tax Software 5 5. Logos - Other Software 2 TOTAL LIST COST: $289,500 ANNUAL MAINTENANCE COST: $46,320 (3 -Year Plan, billed annually on June 1s Note: Unless extended by New World, the above costs are available for 90 days after submission of the costs to Customer. After 90 days, New World may change the costs. ALL INVOICES ARE DUE FIFTEEN (15) DAYS FROM BILLING DATE. CONFIDENTIAL (Rev SSMA 03/94) Kodiak Island Borough, AK 9. Terms and Conditions This Agreement is covered by the Terms and Conditions from our Licensing Agreement signed by Kodiak Island Borough, Alaska (Customer) on June 15, 1998 ACCEPTED BY: ACCEPTED BY: Customer: Kodiak Island Borough, Alaska New World Systems Corporation Name: Name: Title: Title: Date: Date: By signing above, each of us agrees to the terms and conditions of this Agreement and as incorporated herein. Each individual signing represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. If the individual is not so authorized then (s)he assumes personal liability for compliance under this Agreement CONFIDENTIAL (Rev SSMA 03/94) Kodiak Island Borough, AK Kodiak Island Borough, AK Licensed Application Software April, 2006 1. Logos® Financial Management Software - Financial Management Base Package - General Ledger Module - Budgetary Reporting Module - Annual Budget Processing Module - Requisition Processing Module - Purchasing Module - Accounts Payable Module - Revenue Accounting Module - Project/Grant Accounting - Accounts Receivable - Fixed Assets - Management Reporting - Financial Management Report Writer 2. Logos® Human Resources Software - Payroll with Base Personnel 3. Logos® Utility Information Software - Water / Sewer Base 4. Logos® Property Tax Software - Geo Property Master - Real Property Assessment Ro11 Processing - Tax Billing - Tax Receivables - Delinquent Processing (Multi Jurisdiction) 5. Logos® Other Software - Digital Imaging - Capture/View Per Work Station License CONFIDENTIAL (Rev SSMA 03/94) Kodiak Island Borough, AK Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 457 Benefits 457 plans offer the following benefits: • Pre -tax contributions through salary reduction • Tax deferred earnings Participant- directed investments Recommended motion: Move to adopt Resolution No. FY2007 -02. Item No. 13.B.1 Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan This resolution would allow the Borough employees to participate in a different 457 deferred compensation plan. There will be no cost to the Borough. A 457 plan, also known as a Deferred Compensation Plan (DCP), is a retirement program adopted in accordance with the Internal Revenue Code to allow employees to voluntarily save for retirement with pre -tax dollars. 457 plans are generally funded solely with employee salary reduction contributions. APPROVAL FOR AGENDA: 4 C4 4 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -02 Requested by: Manager Gifford Drafted by: Finance Director Introduced: 07/06/2006 Public Hearing: Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ALLOWING BOROUGH EMPLOYEES TO PARTICIPATE IN THE HARTFORD 457 GOVERNMENTAL DEFERRED COMPENSATION PLAN WHEREAS, Kodiak Island Borough maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation; and WHEREAS, Kodiak Island Borough employees are allowed to participate in the ICMA 457 deferred compensation plan; and WHEREAS, the Hartford Insurance Company has presented the opportunity for employees to participate in the Hartford Governmental Deferred Compensation Plan; and WHEREAS, the Hartford Insurance Company has a local representative employed by Edward Jones Investments; and WHEREAS, giving Kodiak Island Borough employees the choice of a different deferred compensation plan would not cost the Borough anyadditional funds; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Borough employees will be allowed to participate in either the ICMA 457 Deferred Compensation Plan or the Hartford Governmental Deferred Compensation Plan. Section 2: Borough staff will perform all necessary administration and record keeping of the Plan. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2007 -02 Page t of ELIGIBLE 457 GOVERNMENTAL DEFERRED COMPENSATION PLAN PREAMBLE This Plan has been established by the Employer and adopted pursuant to [refer to appropriate resolution or ordinance including date of passage] and is effective as of such date. However, if either Section 5.5(b) or 5.11(b) or both is elected, the requirement to pay a distribution in a direct rollover to an individual retirement plan designated by the Administrator is effective with respect to distributions made on or after the end of the first regular legislative session of the body with authority to amend the plan that begins on or after January 1, 2006, or, if elected below, an earlier date. ❑ The of , 200 The primary purpose of this Plan is to permit Employees of the Employer to enter into an agreement which will provide for deferral of payment of a portion of their current compensation until death, retirement, severance from employment, or other event, in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, with other applicable provisions of such Code, and in accordance with the General Statutes of the State. It is intended that the Plan shall qualify as an eligible deferred compensation plan with in the meaning of Section 457(b) of the Code sponsored by an eligible employer within the meaning of Section 457(e)(1)(A) of the Code, i.e., a State, political subdivision of a State, agency or instrumentality of a State or political subdivision of a State. The Employer does not and cannot represent or guarantee that any particular federal or state income, payroll or other tax consequence will occur by reason of participation in this Plan. A Participant should consult with his or her own attorney or other representative regarding all tax or other consequences of participation in this Plan. SECTION 1 - DEFINITIONS 1.1 Plan Definitions. For purposes of this Plan, the following words and phrases shall have the meaning set forth below, unless a different meaning is plainly required by the context: "Account Balance ": The bookkeeping account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, the earnings or loss of the Trust Fund (net of Trust Fund expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. The Account Balance includes any account established under Section 6 for rollover contributions and plan -to -plan transfers made for a Participant, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee (as defined in section 414(p)(8) of the Code). "Administrator ": The Employer. The term Administrator shall include any person or persons, committee or organization appointed by the Employer to administer the Plan. "Annual Deferral ": The amount of Compensation deferred in any year. "Beneficiary": The designated person (or, if none, the Participant's estate) who is entitled to receive benefits under the Plan after the death of a Participant. "Code ": The Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections as they may from time to time be amended or renumbered. 457 Governmental Specimen Model Plan Page 1 of 13 Ver. 03/05 "Compensation ": All cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under section 125, 132(f), 401(k), 403(b), or 457(b) of the Code (including an election to defer compensation under Section 3). "Employer ": "Employee ": Each natural person who is employed by the Employer as a common law employee on a full time basis and, if elected below, on a part time basis and /or in an elected or appointed position, excluding any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. ❑ The term "Employee" shall include employees employed on a part time basis. ❑ The term "Employee" shall include employees in an elected or appointed position. "Includible Compensation ": An Employee's actual wages in box 1 of Form W -2 for a year for services to the Employer, but subject to a maximum of $ 200,000 (or such higher maximum as may apply under section 401(a)(17) of the Code) and increased (up to the dollar maximum) by any compensation reduction election under section 125, 132(f), 401(k), 403(b), or 457(b) of the Code (including an election to defer Compensation under Section 2). "Normal Retirement Age ": Age (if blank, age 65) or, unless elected otherwise below, the age designated by the Participant which is any age that is on or after the earlier of such age or the age at which the participant has the right to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase pension plan in which the participant also participates if the participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age, and that is not later than age 70%. Notwithstanding the foregoing, a participant who is also a qualified police or firefighter (as defined under §415(b)(2)(H)0i)(I) of the Code) may designate a normal retirement age that is between age 40 and age 70'/. A Participant's Normal Retirement Age must be the same as his or her normal retirement age under any other eligible deferred compensation plan(s) sponsored by the Employer. The designation of a normal retirement age under the Plan does not compel retirement with the Employer. ❑ The Normal Retirement Age shall be uniform for all Participants, the age identified above. "Participant ": An individual who is currently deferring Compensation, or who has previously deferred Compensation under the Plan by salary reduction and who has not received a distribution of his or her entire benefit under the Plan. Only individuals who perform services for the Employer as an Employee may defer Compensation under the Plan. "Plan" means an eligible deferred compensation plan within the meaning of Section 457(b) of the Code. "Severance from Employment ": The term Severance from Employment means the date that the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Administrator (and taking into account guidance issued under the Code). "State ": The State which is the Employer or of which the Employer is a political subdivision, agency or instrumentality, including any agency or instrumentality of a political subdivision of the State. "Trust Agreement ": The written agreement (or declaration) made by and between the Employer and the Trustee under which the Trust Fund is maintained. 457 Governmental Specimen Model Plan Page 2 of 13 Ver. 03/05 "Trust Fund ": The trust fund created under and subject to the Trust Agreement or a custodial account or contract described in Code Section 401(f) held on behalf of the Plan by the Employer or Trustee. "Trustee ": The Trustee duly appointed and currently serving under the Trust Agreement. "Valuation Date ": Each business day. SECTION 2 - PARTICIPATION AND CONTRIBUTIONS 2.1 Eligibility. Each Employee shall be eligible to participate in the Plan and defer Compensation hereunder immediately upon becoming employed by the Employer. 2.2 Election Required for Participation. An Employee may elect to become a Participant by executing an election to defer a portion of his or her Compensation (and have that amount contributed as an Annual Deferral on his or her behalf) and filing it with the Administrator. This participation election shall be made on the deferral agreement provided by the Administrator under which the Employee agrees to be bound by all the terms and conditions of the Plan. The Administrator may establish a minimum deferral amount, and may change such minimums from time to time. The participation election shall also include designation of investment funds and a designation of Beneficiary. Any such election shall remain in effect until a new election is filed. 2.3 Commencement of Participation. An Employee shall become a Participant as soon as administratively practicable following the date the Employee files a participation election pursuant to Section 2.2. Such election shall become effective no earlier than the calendar month following the month in which the election is made. A new Employee may defer compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the first day on which the Participant performs services for the Employer. 2.4 Information Provided by the Participant. Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Administrator to administer the plan, including, without limitation, whether the Employee is a participant in any other eligible plan under Code section 457(b). 2.5 Contributions Made Promptly. Annual Deferrals by the Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant's Account Balance. For this purpose, Annual Deferrals shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.6 Amendment of Annual Deferrals Election. Subject to other provisions of the Plan, a Participant may at any time revise his or her participation election, including a change of the amount of his or her Annual Deferrals, his or her investment direction and his or her designated Beneficiary. Unless the election specifies a later effective date, a change in the amount of the Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable if later. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator. 2.7 Leave of Absence. Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues. 2.8 Disability. A disabled Participant may elect Annual Deferrals during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment. 457 Governmental Specimen Model Plan Page 3 of 13 _ Ver. 03/05 2.9 Deferral of Sick, Vacation and Back Pay. Unless otherwise elected below, notwithstanding the foregoing, in the case of accumulated sick pay, vacation pay, or back pay that is payable before the Participant has a Severance from Employment, a Participant may elect to defer all or a portion of such pay if the agreement providing for the deferral is entered into before the amount would otherwise be paid or made available. ❑ Elections to defer accumulated sick pay, vacation pay, or back pay shall be subject to terms of Section 2.3 and 2.6. 2.10 Employer Contributions. Annual Deferrals may be made by the Employer to the Account Balance of an Employee on a non - elective basis. SECTION 3 - LIMITATIONS ON AMOUNTS DEFERRED 3.1 Basic Annual Limitation. The maximum amount of the Annual Deferral under the Plan for any calendar year shall not exceed the lesser of (i) the Applicable Dollar Amount or (ii) the Participant's Includible Compensation for the calendar year. The Applicable Dollar Amount is the amount established under section 457(e)(15) of the Code applicable as set forth below: For the following years: The Applicable Dollar Amount is: 2002 $ 11,000 2003 $ 12,000 2004 $ 13,000 2005 $ 14,000 2006 or thereafter $ 15,000, adjusted for cost -of- living after 2006 to the extent provided under section 415(d) of the Code. 3.2 Age 50 Catch -up Annual Deferral Contributions. A Participant who will attain age 50 or more by the end of the calendar year is permitted to elect an additional amount of Annual Deferrals, up to the maximum age 50 catch -up Annual Deferrals for the year. The maximum dollar amount of the age 50 catch -up Annual Deferrals for a year is as follows: For the following years: The maximum age 50 catch -up dollar amount is: 2002 $ 1,000 2003 $ 2,000 2004 $ 3,000 2005 $ 4,000 2006 or thereafter $ 5,000, adjusted for cost -of- living after 2006 to the extent provided under the Code. 3.3 Special Section 457 Catch -up Limitation. If the applicable year is one of a Participant's last 3 calendar years ending before the year in which the Participant attains Normal Retirement Age and the amount determined under this Section 3.3 exceeds the amount computed under Sections 3.1 and 3.2, then the Annual Deferral limit under this Section 3 shall be the lesser of: (a) An amount equal to 2 times the Section 3.1 Applicable Dollar Amount for such year; or (b) The sum of: (1) An amount equal to (A) the aggregate Section 3.1 limit for the current year plus each prior calendar year beginning after December 31, 2001 during which the Participant was an Employee under the Plan, minus (B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus 457 Governmental Specimen Model Plan Page 4 of 13 Ver. 03/05 (2) An amount equal to (A) the aggregate limit referred to in section 457(b)(2) of the Code for each prior calendar year beginning after December 31, 1978 and before January 1, 2002 during which the Participant was an Employee (determined without regard to Sections 3.2 and 3.3), minus (B) the aggregate contributions to Pre -2002 Coordination Plans for such years. However, in no event can the deferred amount be more than the Participant's Compensation for the year. 3.4 Special Rules. For purposes of this Section 3, the following rules shall apply: (a) Participant Covered By More Than One Eligible Plan. If the Participant is or has been a participant in one or more other eligible plans within the meaning of section 457(b) of the Code, then this Plan and all such other plans shall be considered as one plan for purposes of applying the foregoing limitations of this Section 3. For this purpose, the Administrator shall take into account any other such eligible plan maintained by the Employer and shall also take into account any other such eligible plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan. (b) Pre - Participation Years. In applying Section 3.3, a year shall be taken into account only if CO the Participant was eligible to participate in the Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan during the year was subject to the Basic Annual Limitation described in Section 3.1 or any other plan ceiling required by section 457(b) of the Code. (c) Pre -2002 Coordination Years. For purposes of Section 3.3(b)(2)(B), "contributions to Pre -2002 Coordination Plans" means any employer contribution, salary reduction or elective contribution under any other eligible Code section 457(b) plan, or a salary reduction or elective contribution under any Code section 401(k) qualified cash or deferred arrangement, Code section 402(h)(1)(B) simplified employee pension (SARSEP), Code section 403(b) annuity contract, and Code section 408(p) simple retirement account, or under any plan for which a deduction is allowed because of a contribution to an organization described in section 501(c)(18) of the Code, including plans, arrangements or accounts maintained by the Employer or any employer for whom the Participant performed services. However, the contributions for any calendar year are only taken into account for purposes of Section 3.3(b)(2)(B) to the extent that the total of such contributions does not exceed the aggregate limit referred to in section 457(b)(2) of the Code for that year. (d) Disregard Excess Deferral. For purposes of Sections 3.1, 3.2 and 3.3, an individual is treated as not having deferred compensation under a plan for a prior taxable year to the extent Excess Deferrals under the plan are distributed, as described in Section 3.5. To the extent that the combined deferrals for pre -2002 years exceeded the maximum deferral limitations, the amount is treated as an Excess Deferral for those prior years. 3.5 Correction of Excess Deferrals. If the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another eligible deferred compensation plan under section 457(b) of the Code for which the Participant provides information that is accepted by the Administrator, then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant. 3.6 Protection of Persons Who Serve in a Uniformed Service. An Employee whose employment is interrupted by qualified military service under Code section 414(u) or who is on a leave of absence for qualified military service under Code section 414(u) may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). 457 Governmental Specimen Model Plan Page 5 of 13 Ver. 03/05 SECTION 4 - INVESTMENT RESPONSIBILITIES 4.1 Investment of the Deferred Amount. Each Participant shall direct the investment of amounts held in his or her Account Balance under the Plan among the investment options of the Trust Fund. The investment of amounts segregated on behalf of an alternate payee pursuant to a Plan Approved Domestic Relations Order may be directed by such alternate payee to the extent provided in such order. In the absence of such direction, such amounts shall be invested in the same manner as they were immediately before such segregation was made on account of such order. Each Account Balance shall share in any gains or losses of the investment(s) in which such account is invested. 4.2 Amendment of Investment Election. A Participant may amend his or her statement of investment election at such times and by such manner and form as prescribed by the Administrator. Such amendment will, unless specifically stated otherwise, apply only to future amounts deferred under the Plan. 4.3 Investment Changes. A Participant may elect to transfer amounts in his or her Account Balance among and between those investments available under the Trust Fund at such times and by such manner and form prescribed by the Administrator, subject further to any restrictions or limitations placed on any investment by the Administrator to be uniformly applied to all Participants. 4.4 Investment Responsibility, To the extent that a Participant exercises control over the investment of amounts credited to his or her Account Balance, the Employer, the Administrator, and any other fiduciary of the Plan shall not be liable for any loss which results from such Participant's exercise of control. 4.5 Statements. The Administrator will cause to be issued statements periodically to reflect the actual earnings, gains, contributions and losses posted to the Account Balances. SECTION 5- DISTRIBUTIONS 5.1 Benefit Distributions At Retirement or Other Severance from Employment. Upon attainment of age 70%, retirement or other Severance from Employment (other than due to death), a Participant is entitled to receive a distribution of his or her Account Balance under any form of distribution permitted under Section 5.3 commencing at the date elected under Section 5.2. If a Participant does not elect otherwise, the distribution shall be paid as soon as practicable following Normal Retirement Age or, if later, following retirement or other Severance from Employment and payment shall be made in monthly installments of the minimum annual payments described in paragraph (b) of Section 5.3. 5.2 Election of Benefit Commencement Date. A Participant may elect to commence distribution of benefits at any time after retirement or other Severance from Employment by a notice filed at least 30 days before the date on which benefits are to commence. However, in no event may distribution of benefits commence later than the date described in Section 5.8. 5.3 Forms of Distribution. In an election to commence benefits under Section 5.2, a Participant entitled to a distribution of benefits under this Section 5 may elect to receive payment in any of the forms of distribution selected below: ® (a) a lump sum payment of the total Account Balance; ® (b) annual installment payments through the year of the Participant's death, the amount payable each year equal to a fraction of the Account Balance equal to one divided by the distribution period set forth in the Uniform Lifetime Table at section 1.401(a)(9) -9, A -2, of the Income Tax Regulations for the Participant's age on the Participant's birthday for that year. If the Participant's age is less than age 70, the distribution period is 27.4 plus the number of years that the Participant's age is less than age 70. At the Participant's election, this annual payment can be made in monthly or quarterly installments. The Account Balance for this calculation (other than the final installment payment) is the Account Balance as of the end of the year prior to the year for which the distribution is being 457 Governmental Specimen Model Plan Page 6 of 13 Ver. 03/05 calculated. Payments shall commence on the date elected under Section 5.2. For any year, the Participant can elect distribution of a greater amount (not to exceed the amount of the remaining Account Balance) in lieu of the amount calculated using this formula; ❑ (c) a life annuity payable during the lifetime of the Participant or his /her Beneficiary; ❑ (d) a life annuity with period certain guaranteed payable during the lifetime of the Participant or his /her Beneficiary with the guarantee that if at his /her death payments have not been made for the guaranteed period as elected, payments will continue to the Beneficiary. The guaranteed period to be elected must be either 10, 15 or 20 years; or ❑ (e) a joint and survivor annuity payable during the lifetime of the Participant and a secondary payee named by the Participant. Payments made under (c), (d) or (e) above shall be made in the form of an irrevocable annuity which provides payments each calendar year of amounts not less than the amount required under Section 401(a)(9) of the Code. 5.4 Death Benefit Distributions. Commencing in the calendar year following the calendar year of the Participants death, the Participant's Account Balance shall be paid to the Beneficiary in a lump sum. Alternatively, if the Beneficiary with respect to the Participant's Account Balance is a natural person, at the Beneficiary's election, distribution can be made in annual installments (calculated in a manner that is similar to installments under Section 5.3) or, if selected under Section 5.3, in the form of an irrevocable annuity with the distribution period not longer than that which is determined under this paragraph. If the Beneficiary is the Participant's surviving spouse, the distribution period is equal to the Beneficiary's life expectancy using the single life table in section 1.401(a)(9) -9, A -1, of the Income Tax Regulations for the spouse's age on the spouse's birthday for that year. If the Beneficiary is not the Participant's surviving spouse, the distribution period is the Beneficiary's life expectancy determined in the year following the year of the Participant's death using the single life table in section 1.401(a)(9) -9, A -1, of the Income Tax Regulations for the Beneficiary's age on the Beneficiary's birthday for that year, reduced by one for each year that has elapsed after that year. For any year, a Beneficiary can elect distribution of a greater amount (not to exceed the amount of the remaining Account Balance) in lieu of the amount calculated using this formula. 5.5 Account Balances of $5,000 or Less. If and to the extent elected below, notwithstanding Sections 5.2, 5.3 and 5.4, if the amount of a Participant's Account Balance is not in excess of $ 5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater) on the date that payments commence under Section 5.3 or on the date of the Participant's death, then payment shall be made to the Participant (or to the Beneficiary if the Participant is deceased) in a lump sum equal to the Participant's Account Balance as soon as practicable following the Participant's retirement, death, or other Severance from Employment. ❑ (a) Mandatory Distribution of $1,000 or Less. The Administrator may direct payments under the terms of this Section 5.5 if the Participant's total Account Balance is $1,000 or less. ❑ (b) Mandatory Distribution of $5,000 or Less. The Administrator may direct payments under the terms of this Section 5.11 if the Participant's total Account Balance does not exceed $5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater). In the event of a mandatory distribution greater than $1,000 made in accordance with the provisions of this Section 5.5 before the Participant attains the later of age 62 or Normal Retirement Age other than a distribution for a surviving spouse or alternate payee, if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly in accordance with this Sections 5.0, then the Administrator will pay the distribution in a direct rollover to an individual retirement plan designated by the Administrator. 5.6 Amount of Account Balance. Except as provided in Section 5.3, the amount of any payment under this Section 5 shall be based on the amount of the Account Balance on the preceding Valuation Date. 457 Governmental Specimen Model Plan Page 7 of 13 Ver. 03/05 5.7 Revocation of Prior Election. Any election made under this Section 5 may be revoked at any time. 5.8 Latest Distribution Date. In no event shall any distribution under this Section 5 begin later than the later of (a) April 1 of the year following the calendar year in which the Participant attains age 70'/: or (b) April 1 of the year following the year in which the Participant retires or otherwise has a Severance from Employment. If distributions commence in the calendar year following the later of the calendar year in which the Participant attains age 70'/ or the calendar year in which the Severance from Employment occurs, the distribution on the date that distribution commences must be equal to the annual installment payment for the year that the Participant has a Severance from Employment determined under paragraph (b) of Section 5.3 and an amount equal to the annual installment payment for the year after Severance from Employment determined under paragraph (b) of Section 5.3 must also be paid before the end of the calendar year of commencement. 5.9 In- Service Distributions From Rollover Account. If a Participant has a separate account attributable to rollover contributions to the plan, the Participant may at any time elect to receive a distribution of all or any portion of the amount held in the rollover account. 5.10 Unforeseeable Emergency Distribution. (a) Distribution. If the Participant has an unforeseeable emergency before retirement or other Severance from Employment, the Participant may elect to receive a lump sum distribution equal to the amount requested or, if less, the maximum amount determined by the Administrator to be permitted to be distributed under this Section 5.10. (b) Unforeseeable emergency defined. An unforeseeable emergency is defined as a severe financial hardship of the Participant resulting from: an illness or accident of the Participant, the Participant's spouse, or the Participant's dependent (as defined in section 152(a)); loss of the Participant's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster); the need to pay for the funeral expenses of the Participant's spouse or dependent (as defined in section 152(a) of the Code); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. For example, the imminent foreclosure of or eviction from the Participant's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non - refundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Except as otherwise specifically provided in this Section 5.10, neither the purchase of a home nor the payment of college tuition is an unforeseeable emergency. (c) Unforeseeable emergency distribution standard. A distribution on account of unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of deferrals under the plan. (d) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution). 5.11 Distributions for Certain Account Balances of $ 5,000 or Less At the direction of the Participant, or, if elected below, the Administrator, a Participant's total Account Balance shall be paid in a lump sum as soon as practical following the direction if (a) the total Account Balance does not exceed $ 5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater), (b) the Participant has not previously received a distribution of the total amount payable to the Participant under this Section 5.11 and (c) no Annual Deferral has been made with respect to the Participant during the two -year period ending immediately before the date of the distribution. 457 Governmental Specimen Model Plan Page 8 of 13 Ver. 03/05 ❑ (a) Mandatory Distribution of $1,000 or Less. The Administrator may direct payments under the terms of this Section 5.11 if the Participant's total Account Balance is $1,000 or less. ❑ (b) Mandatory Distribution of $5,000 or Less. The Administrator may direct payments under the terms of this Section 5.11 if the Participant's total Account Balance does not exceed $5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater). In the event of a mandatory distribution greater than $1,000 made in accordance with the provisions of this Section 5.11 before the Participant attains the later of age 62 or Normal Retirement Age other than a distribution for a surviving spouse or alternate payee, if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly in accordance with this Sections 5.0, then the Administrator will pay the distribution in a direct rollover to an individual retirement plan designated by the Administrator. 5.12 Rollover Distributions. (a) A Participant or the surviving spouse of a Participant (or a Participant's former spouse who is the alternate payee under a domestic relations order, as defined in section 414(p) of the Code) who is entitled to an eligible rollover distribution may elect, at the time and in the manner prescribed by the Administrator, to have all or any portion of the distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover. (b) For purposes of this Section 5.12, an eligible rollover distribution means any distribution of all or any portion of a Participant's Account Balance, except that an eligible rollover distribution does not include (a) any installment payment under Section 5.3 for a period of 10 years or more (b) any distribution made under Section 5.10 as a result of an unforeseeable emergency, or (c) for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under section 401(a)(9). In addition, an eligible retirement plan means an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. SECTION 6 - ROLLOVERS AND PLAN TRANSFERS 6.1 Eligible Rollover Contributions to the Plan. (a) A Participant who is an Employee and who is entitled to receive an eligible rollover distribution from another eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Administrator may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with section 402 of the Code and to confirm that such plan is an eligible retirement plan within the meaning of section 402(c)(8)(B) of the Code. (b) For purposes of Section 6.1(a), an eligible rollover distribution means any distribution of all or any portion of a Participant's benefit under another eligible retirement plan, except that an eligible rollover distribution does not include (1) any installment payment for a period of 10 years or more, (2) any distribution made as a result of an unforeseeable emergency or other distribution which is made upon hardship of the employee, or (3) for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under section 401(a)(9) of the Code. In addition, an eligible retirement plan means an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. (c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any eligible retirement plan that is not an eligible governmental plan under section 457(b) of the Code. In addition, the Plan shall establish and maintain for the Participant a separate 457 Govemmental Specimen Model Plan Page 9 of 13 Ver. 03/05 account for any eligible rollover distribution paid to the Plan from any eligible retirement plan that is an eligible governmental plan under section 457(b) of the Code. 6.2 Plan -to -Plan Transfers to the Plan. At the direction of the Employer, the Administrator may permit a class of Participants who are participants in another eligible governmental plan under section 457(b) of the Code to transfer assets to the Plan as provided in this Section 6.2. Such a transfer is permitted only if the other plan provides for the direct transfer of each Participant's interest therein to the Plan. The Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Administrator. The Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with section 457(e)(10) of the Code and section 1.457 -10(b) of the Income Tax Regulations and to confirm that the other plan is an eligible governmental plan as defined in section 1.457 - 2(f) of the Income Tax Regulations. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral under Section 3. 6.3 Plan -to -Plan Transfers from the Plan. (a) At the direction of the Employer, the Administrator may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account Balance transferred to another eligible govemmental plan within the meaning of section 457(b) of the Code and section 1.457 -2(f) of the Income Tax Regulations. A transfer is permitted under this Section 6.3(a) for a Participant only if the Participant has had a Severance from Employment with the Employer and is an employee of the entity that maintains the other eligible govemmental plan. Further, a transfer is permitted under this Section 6.3(a) only if the other eligible governmental plan provides for the acceptance of plan -to -plan transfers with respect to the Participants and Beneficiaries and for each Participant and Beneficiary to have an amount deferred under the other plan immediately after the transfer at least equal to the amount transferred. (b) Upon the transfer of assets under this Section 6.3, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 6.3 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 6.3, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to section 1.457 -10(b) of the Income Tax Regulations. 6.4 Permissive Service Credit Transfers. (a) If a Participant is also a participant in a tax - qualified defined benefit govemmental plan (as defined in section 414(d) of the Code) that provides for the acceptance of plan -to -plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 6.4(a) may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under Section 6.4(a) only if the transfer is either for the purchase of permissive service credit (as defined in section 415(n)(3)(A) of the Code) under the receiving defined benefit governmental plan or a repayment to which section 415 of the Code does not apply by reason of section 415(k)(3) of the Code. SECTION 7 - BENEFICIARY 7.1 Designation. Each Participant has the right, by written notice filed with the Administrator, to designate one or more beneficiaries to receive any benefits payable under this Plan in the event of the Participant's death prior to the complete distribution of benefits. The Participant accepts and acknowledges that he or she has the burden for executing and filing, with the Administrator, a proper Beneficiary designation form. 457 Governmental Specimen Model Plan Page 10 of 13 Ver. 03/05 The form for this purpose shall be provided by the Administrator. It is not binding on the Administrator until it is signed, filed with the Administrator by the Participant, and accepted by the Administrator. If no such designation is in effect upon the Participant's death, or if no designated Beneficiary survives the Participant, the Beneficiary shall be the Participant's estate. If no estate executor or Administrator is appointed and qualified within one hundred twenty (120) days after the Participant's death, the payment may be made first, to a surviving spouse, second, to a surviving child or children, and third, to a surviving parent or parents. 8.1 Administrator. This Plan shall be administered by the Administrator, which shall prescribe such forms, and adopt such rules and regulations as are necessary to carry out the purposes of the Plan. The Administrator may contract with a financially responsible independent contractor to administer and coordinate the Plan under the direction of the Administrator. The Administrator shall have the right to designate a Plan Coordinator or other party of its choice to perform such services under this agreement as may be mutually agreed to between the Administrator and the Plan Coordinator or other party. Notwithstanding any other provisions to the contrary, the Administrator agrees that it shall be solely responsible to the Employer for any and all services performed by a subcontractor, assignee, or designee under this agreement. The Administrator has full and complete discretionary authority to determine all questions of Plan interpretation, policy, participation, or benefit eligibility in a manner consistent with the Plan's documents, such determinations shall be conclusive and binding on all persons except as otherwise provided by law. 8.2 Administrative Costs. The Administrator shall determine, in a manner deemed fair and equitable, the administrative costs associated with the withholding of Deferred Compensation amounts pursuant to this plan or in making investments or otherwise administering or implementing the Plan. The Administrator may withhold or collect, or have withheld or collected, such costs, in such manner as he or she deems equitable either (1) from the compensation deferred pursuant to the Plan, the income produced from the compensation deferred pursuant to the Plan, the income produced from any investment, whether or not augmented, or (2) from the organization receiving such investment where required by law to collect therefrom or, if not so required, where mutually satisfactory to such organization and the Administrator. 9.1 Right to Amend, Modify and Terminate. The Employer may at any time modify or terminate the Plan by notifying Participants of such action. The Employer shall not have the right to reduce or affect the value of any Participant's account or any rights accrued under the Plan prior to modification or termination. 9.2 Conformation. The Employer shall amend and interpret the Plan to the extent necessary to conform to the requirements of Code Section 457 and any other applicable law, regulation or ruling, including amendments that are retroactive. In the event the Plan is deemed by the Internal Revenue Service to be administered in a manner inconsistent with Code Section 457, the Employer shall correct such inconsistency within the period provided in Code Section 457(b). 9.3 Plan Termination. In the event of the termination of the Plan, distribution of benefits shall be made to Participants and Beneficiaries pursuant to the distribution guidelines in section 5 or the rollover /transfer provisions of section 6. 10.1 Trust Fund. All amounts of Annual Deferrals, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the Trust Fund in accordance with this Plan and the Trust Agreement. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust under the laws of the 457 Govemmental Specimen Model Plan SECTION 8 - ADMINISTRATION AND ACCOUNTING SECTION 9 - AMENDMENTS SECTION 10 - TRUST FUND Page 11 of 13 Ver. 03/05 State. The Trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. SECTION 11 - MISCELLANEOUS 11.1 Non - Assignability. Except as provided in Section 11.2 and 11.3, the interests of each Participant or Beneficiary under the Plan are not subject to the claims of the Participant's or Beneficiary's creditors; and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive any payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non - assignable and non - transferable. 11.2 Domestic Relation Orders. Notwithstanding Section 11.1, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ( "domestic relations order "), then the amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Administrator shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. 11.3 IRS Levy. Notwithstanding Section 11.1, the Administrator may pay from a Participant's or Beneficiary's Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 11.4 Mistaken Contributions. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Administrator, to the Employer. 11.5 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such person as the Administrator or a court of competent jurisdiction may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. 11.6 Procedure When Distributee Cannot Be Located. The Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employer's or the Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans) or notification sent to an address obtained by use of one or more individual locator services, and (c) the payee has not responded within 6 months. For payments not subject to state escheat laws, if the Administrator is unable to locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the Trust Fund shall continue to hold the benefits due such person. 457 Govemmental Specimen Model Plan Page 12 of 13 Ver. 03/05 11.7 Employment. Neither the establishment of the Plan nor any modification thereof, nor the establishment of any account, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the terms or employment of any Employee be modified or in any way affected hereby. 11.8 Successors and Assigns. The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns, all Participants and Beneficiaries and their heirs and legal representatives. 11.9 Written Notice. Any notice or other communication required or permitted under the Plan shall be in writing, and if directed to the Administrator shall be sent to the designated office of the Administrator, and, if directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his or her last known address as it appears on the Administrator's record. To the extent permitted by law, regulation or other guidance from an appropriate regulatory agency, the Administrator, Trustee, Employer or any other party may provide any notice or disclosure, obtain any authorization or consent, or satisfy any other obligation under this Plan through the use of any other medium acceptable to the Administrator. Such other medium may include, but is not necessarily limited to, electronic or telephonic medium. 11.10 Total Agreement. This Plan and deferral election, and any subsequently adopted amendment thereof, shall constitute the total agreement or contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant. 11.11 Gender. As used herein the masculine shall include the neuter and the feminine where appropriate. 11.12 Controlling Law. This Plan is created and shall be construed, administered and interpreted in accordance with Section 457 of the Code and the regulations thereunder and under the laws of the State as the same shall be at the time any dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder shall be unaffected. IN WITNESS WHEREOF, the Employer has executed this Plan document this day of Attest: Title SEAL 457 Governmental Specimen Model Plan y �Y Its (Witness) (Title) Page 13 of 13 Ver. 03/05 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Recommended motion: Move to adopt Resolution No. FY2007 -03. Item No. 13.B.2 Resolution No. FY2007 -03 Authorizing the Approval of Lease with the Chiniak Public Library Association. Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The lease with the Chiniak Public Library Association needs to be approved by the Assembly as the term is for twenty -five (25) years. The non - profit groups designates have already signed their lease. The Borough Manager is designated to sign the lease on behalf of the Assembly. APPROVAL FOR AGENDA: ,aez d27% KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -03 Requested by Manager dfford Drafted by Finance Director Introduced: 07/06/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE CHINIAK PUBLIC LIBRARY ASSOCIATION WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the Chiniak Public Library Association needs to be approved by the Assembly; and WHEREAS, the lease if for a twenty -five (25) year period; and WHEREAS, the non - profit groups designates have already signed their lease; and WHEREAS, the Borough Manager is designated to sign the lease on behalf of the Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to negotiate the appropriate lease to allow occupancy of the seven apartment units. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2007 -03 Page 1 of 1 LEASE AGREEMENT THIS LEASE AGREEMENT is made this first day of July, 2005 by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Chiniak Public Library Association, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows: The tsunami shelter located at Chiniak school of approximately 4,500 square feet within Tract E, Chiniak Alaska Subdivision, Kodiak Recording District, Third Judicial District, State of Alaska, as recorded on plat 84 47, for use as a public library Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of twenty -five years (25) following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on July 1, 2005, and shall expire at 5:00 P.M., Alaska Standard Time on June 30, 2030. 3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described the sum of One dollar ($1.00) per year in advance, on or before the first day July of the lease term year or rent may be prepaid twenty -five dollars ($25.00) upon the execution of the lease. Either party may cancel this lease with thirty days (30) notice in writing. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liability and Liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and Page 1 of 8 the property of the Landlord without obligation to pay therefore, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 5. Use of Premises. The leased premises shall be used for general office space, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and/or occupying the leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such increase. 6. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures in the leased premises, and any license and excise fees and occupation taxes covering business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes on rentals payable hereunder. 7. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: a. Electricity for normal lighting and office use. Special or additional electrical requirements shall be paid by Tenant. b. Heat based on normal office use. Landlord shall not be liable for any Loss or damage caused by or resulting form any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and Page 2 of 8 no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 8. Maintenance and Repairs. Tenant shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear and damage by fire or other casualty excepted. Tenant shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, Loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 9. Subletting and Assignment. Tenant shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. Page 3 of 8 10. Indemnification. Tenant agrees to protect, defend, indemnify and save harmless Landlord from and against any and all claims (no matter how meritless) demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant's use and occupation of said premises, or the condition thereof, during the term of this lease. Maintenance of any insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement. 11. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature asserted against the leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 12. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment: or (b) Fail to observe or perform any of Tenant's other covenants, agreements or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same, or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or Page 4 of 8 (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. 13. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: Page 5 of 8 LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TENANT: Chiniak Public Library Association PO Box 5610 Chiniak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 14. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefore, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 15. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 16. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 17. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraph 15 of this lease. 18. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 19. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 20. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenancy commencing on the first day of the holdover period. 21. Signs. Landlord shall provide one sign for the Tenant. Tenant agrees that any other sign or signs installed on the demised premises shall be with the consent of the Landlord. 22. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 23. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. Page 6 of 8 24. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 25. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 26. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a security deposit by Tenant in the amount of No dollars (0.00), receipt of which by Landlord is hereby acknowledged. Said deposit for security is for the full and faithful performance by the Tenant of all the covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried out all of its covenants and terms. If Tenant does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant. In the event all or part of the security deposit is so applied, Tenant shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. . In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant. The Tenant may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. 27. Condemnation. If the Leased Premises shall be taken or condemned for any public purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 28. Subordination and Nondisturbance. This lease and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant and others stated to be removable under paragraph 4 of this lease), and to any Page 7 of 8 and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ( "encumbrances "). seals this Page 8 of 8 TENANT: Al 1 EST: Al 1EST: Borough Clerk IN WITNESS WHEREOF, the parties have hereunto set their hands and day of , 2006. LANDLORD: THE KODIAK ISLAND BOROUGH R 5 Borough Manager KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -04 Requested by. Manager afford Drafted by. Finance Director Introduced: 07/06/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE CHINIAK PUBLIC LIBRARY ASSOCIATION WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the Chiniak Public Library Association needs to be approved by the Assembly; and WHEREAS, the lease if for a twenty -five (25) year period; and WHEREAS, the non - profit groups designates have already signed their lease; and WHEREAS, the Borough Manager is designated to sign the lease on behalf of the Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to negotiate the appropriate lease to allow occupancy of the seven apartment units. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -04 Page 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Authorizing the Approval of Lease with the American Red Cross. Kodiak Island Borough Code 18.40.020 Negotiated leases require approval by the Assembly of specific leases. The lease with the American Red Cross needs to be approved by the Assembly. The rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006. The non - profit groups designates have already signed their lease. The Borough Manager is designated to sign the lease on behalf of the Assembly. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2007 -04. Item No. 13.B.3 Resolution No. FY2007 -04 CORRECTED VERSION A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE AMERICAN RED CROSS WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the American Red Cross needs to be approved by the Assembly; and WHEREAS, the rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006; and WHEREAS, the non -profit groups designates have already signed their lease; and WHEREAS, the Borough Manager is designated to sign the lease on behalf of the Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to sign the lease on behalf of the Assembly. ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -04 Requested by: Manager Gifford Drafted by: Finance Director Introduced: 07/06/2006 Adopted: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -04 Page 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -04 Requested by: Manager Gifford Drafted by: Finance Director Introduced: 07/06/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE AMERICAN RED CROSS WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the American Red Cross needs to be approved by the Assembly; and WHEREAS, the rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006; and WHEREAS, the non - profit groups designates have already signed their lease; and WHEREAS, the Borough Manager is designated to sign the lease on behalf of the Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to negotiate the appropriate lease to allow occupancy of the seven apartment units. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -04 Page 1 of 1 THIS LEASE AGREEMENT is made this first day of July, 2006 by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and American Red Cross, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows: Page 1 of 10 LEASE AGREEMENT Certain office space of approximately two hundred and ninety -eight (298) square feet consisting principally of two offices and storage and a proportional share of the designated common space consisting of an additional two hundred and forty (240) square feet for a total of five hundred and thirty eight (538) square feet in the Borough Annex Building located at 610 Egan Way including the parking area associated with the building located on the following described real property: Lot Seven B One (7B -1), USS 2538 A, Kodiak Recording District, Third Judicial District, State of Alaska. The aforesaid office space, hereinafter referred to as the leased premises, is more specifically depicted or outlined on the floor plan attached hereto as Exhibit A. Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of one year (1) following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on July 1, 2006, and shall expire at 5:00 P.M., Alaska Standard Time on June 30, 2007. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. 3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described the sum of Five hundred and ninety one dollars and eighty cents ($591.80) in advance, on or before the first day each month of the lease term. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liability and Liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and the property of the Landlord without obligation to pay therefor, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 5. Use of Premises. The leased premises shall be used for general office space, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and/or occupying the leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such increase. 6. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures in the leased premises, and any license and excise fees and occupation taxes covering business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes on rentals payable hereunder. Page 2 of 10 7. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: a. Electricity for normal lighting and office use. Special or additional electrical requirements shall be paid by Tenant. b. Heat, snow removal for common areas, and sewer and water based on normal office use. Tenant shall provide at his expense all other utilities and services used at the leased premises, including phone and cable. Landlord shall not be liable for any loss or damage caused by or resulting form any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 8. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear and damage by fire or other casualty excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant, his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or Page 3 of 10 sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 9. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with the repair work and the preparations therefore to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Landlord, an in the meantime the monthly rental shall be abated in the same proportion that the untenable portion of the leased premises bears to the whole thereof. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days after the happening of any such damage whether Landlord has elected to continue this lease in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -day period, Landlord shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Landlord of repair work shall be deemed to constitute notice that Landlord has elected to restore or repair the leased premises. For the period from the occurrence of any damage to the leased premises to the date of completion of the repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased premises), the monthly rental shall be abated in the same proportion as the portion of the leased premises bears to the whole thereof. In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no abatement of rental during the period of such delay. If the fire or damage is caused by the carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of this lease, Tenant shall remain liable for the rent, without abatement, during any period of repair or restoration. If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of any fire or other casualty in the building, even though the leased premises may not have been affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the building containing the leased premises, then upon written notice given by Landlord to Tenant, this lease shall terminate on a date specified in such notice, but no sooner than thirty (30) days from the date of such notice, as if that date had been originally fixed as the expiration date of the term herein leased. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; provided, however, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the noise or interference arising therefrom, shall not be Page 4 of 10 deemed an eviction of Tenant, or a breach of this lease, but Tenant, or a breach of this lease but Tenant's obligation to pay rent shall be abated during such period of time as Tenant is unable to conduct business at the leased premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 10. Subletting and Assignment. Tenant shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 11. Indemnification. Tenant agrees to protect, defend, indemnify and save harmless Landlord from and against any and all claims (no matter how meritless) demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant's use and occupation of said premises, or the condition thereof, during the term of this lease. Tenant shall procure and maintain public liability insurance coverage, naming Landlord as an insured, which coverage, pertaining to the leased premises, shall not be less than $250,000 per person for bodily injury or death, $500,000 per occurrence for bodily injury or death, and $100,000 for property damage. Landlord shall be an additional named insured in such policy or policies. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenant to Landlord for approval. Certificates shall state that the policy or policies will not be canceled or altered without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement. 12. Common Areas and Facilities. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for common areas and other facilities and temporarily to close the common areas to effect such changes. All common areas and facilities which Tenant may be permitted to use and occupy are to be used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 13. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said Page 5 of 10 • premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 14. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment: or (b) Fail to observe or perform any of Tenant's other covenants, agreements or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or (3) has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for Page 6 of 10 15. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: Page 7 of 10 and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TENANT: American Red Cross 235E 8 St, Suite 200 Anchorage, Alaska 99501 Any such notices shall be deemed effective on the date of mailing or delivery. 16. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 17. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 18. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 19. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraph 15 of this lease. 20. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 21. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 22. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenacy commencing on the first day of the holdover period. 23. Signs. Landlord shall provide one sign for the Tenant. Tenant agrees that any other sign or signs installed on the demised premises shall be with the consent of the Landlord. 24. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 25. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. 26. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 27. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. Page 8 of 10 28. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a security deposit by Tenant in the amount of None dollars ($0.00). receipt of which by Landlord is hereby acknowledged. Said deposit for security is for the full and faithful performance by the Tenant of all the covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried out all of its covenants and terms. If Tenant does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant. In the event all or part of the security deposit is so applied, Tenant shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant. The Tenant may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. 29. Condemnation. If the Leased Premises shall be taken or condemned for any public purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturbance. This lease and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant and others stated to be removable under paragraph 4 of this lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ( "encumbrances "). ov day o Al 1 EST: Page 9 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this , 2006. TENANT: Al IEST: Borough Clerk Page 10 of 10 LANDLORD: THE KODIAK ISLAND BOROUGH Borough Manager Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.C.1 Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. The United Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T30S R28W TL 1804 Zachar Bay at fair market value from the borough and the assembly removed it from the land sale held on October 22, 2005 per resolution FY2006- 06A. KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. The assessor has reviewed all pertinent information submitted to the Manager from USFWS and has determined the offer of $20,000 is at fair market value. APPROVAL FOR AGENDA: 1! < 77,0 Recommended motion: Move to adopt Ordinance No. FY2007 -02 in first reading to advance to public hearing on July 20, 2006. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH DETERMINING THE SALE AT FAIR MARKET VALUE OF A TAX FORECLOSED PROPERTY TO FEDERAL GOVERNMENT WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2001 and previous years; and WHEREAS, the United Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T3OS R28W TL 1804 Zachar Bay at fair market value from the borough and the assembly removed it from the land sale held on October 22, 2005 per resolution FY2006 -06A; and WHEREAS, KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough; and WHEREAS, the property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation and refuge for wildlife is consistent with the goals and objectives of the comprehensive plan; and WHEREAS, the assessor has reviewed all pertinent information submitted to the Manager from USFWS and has determined the offer of $20,000 is at fair market value and his findings and supporting documents are available in the clerk's office for review; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general application and shall not be codified. Section 2: The assembly is approving and directing the manager to complete the sale of former Refuge property to USFWS for fair market value as stated in attached offer letter. The proceeds of any sale shall be distributed in the same manner as the proceeds of a tax sale under AS 29.45.480 (B). ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2007 -02 Introduced by: Manager Gifford Requested by: Finance Department Drafted by: Finance Department Introduced: 07/06/2006 Public Hearing: Adopted: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -02 Page 1 of 1 Memo To: Karl Short From: Tom Anderson CC: Cassandra Juenger Date: 5/24/2006 Re: FWS land purchase Assessing Department Kodiak Island Borough I've made a detailed review of the appraisal report covering the Carlsen Point property that FWS wants to purchase from the Borough. The appraisal is based upon good comparable sales and the analysis is sound. I take no exception to the value conclusion at $20,000 for the Borough's property. • Page 1 fS 5ti ?Or} Nisi, co- tAL kAAADA) ca Nita Offiu- \IFIA nuat Wct a My vier IN REPLY REFER TO: RE /6475.SL Mr. Rick L. Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Gifford: United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. Tudor Rd. Anchorage, Alaska 99503 -6199 JUN 1 4 2006 Alaska Kodiak NWR Tract No. 61v (Formerly Tract #183) Kodiak Island Borough The U.S. Fish and Wildlife Service hereby offers the Kodiak Island Borough $20,000.00 TOTAL for the fee simple interest in the Kodiak Island Borough's property described by the Borough as property number R5302801804, Tax Lot 1804, Zachar Bay. The property is more particularly described as being located in FRACTIONAL S'AS'ASE''ASE'/<NE' /4 and NE'/4NE%4SE'/ OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, comprised of approximately 10 acres, more or less. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). As certified in the enclosed Statement of Just Compensation, this offer is not less than the fair market value of your property as established by an approved appraisal. The approved appraised value of the property is $20,000.00 TOTAL. Enclosed is an Agreement for the Purchase of Lands for your review and signature. If you find this Agreement acceptable, please sign your name as typed and have your signature notarized. Also enclosed is a draft deed for your review. We will also require a resolution from the Kodiak Island Borough indicating the Borough's approval of the sale and also providing the name and title of the person authorized to sign on behalf of the Borough. E©fl JUN 14 2006 KIB MANAGER Mr. Rick L. Gifford 2 Thank you for considering our offer. If you have any questions, please contact Susan LaKomski, Realty Specialist, at 1- 888 - 697 -9826 or (907) 786 -3566. Enclosures Sincerely, a, N. cc: Refuge Manager, Kodiak Island NWR (w /o enclosures) Sharon N. Janis Chief, Division of Realty 2 STATEMENT OF JUST COMPENSATION In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -646, an estimate of just compensation has been made as to fee title interest in your real property located in the Kodiak Island Borough, State of Alaska, and more particularly described as follows: FRACTIONAL S'/2S '/2SE%SE%NE'/ and NE%NE' /<SE'/ OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, comprised of approximately 10 acres, more or less. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). The estimate of fair market value of the real property described above is based on an approved appraisal which considered current land sales and other indicators of land value in the vicinity of your property. I certify that the total just compensation is not less than the approved appraisal of your property and is estimated to be: Value of land and improvements being acquired $20,000.00 Total estimated just compensation $20,000.00 Any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded by the Service in making the determination of just compensation. The fair market value estimate of the real property described above includes all buildings and other improvements except those specifically listed below: Exceptions: None. Date S treet Chief, Divisio ealty Form 3 -1769C (July 1979) WITNESSETH; UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE AGREEMENT FOR THE PURCHASE OF LANDS Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 1 of 6 Kodiak Island Borough Alaska, Kodiak NWR Tract # 61v (formerly Tract #183) Kodiak Island Borough THIS AGREEMENT, made and entered into this day of , 20 , by and between hereinafter styled the vendor, for itself, its heirs, executors, administrators, successors, and assigns, and the UNITED STATES OF AMERICA acting by and through the Secretary of the Interior or his authorized representative, 1. In consideration of One Dollar ($1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the vendor agrees to sell to the United States certain lands upon the terms and conditions hereinafter set forth, and for the price of $20,000.00 TOTAL for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, and appurtenances thereunto belonging, owned by it, situate and lying and being in the State of Alaska, and more particularly described as follows: Kodiak Island Borough Property I.D. R5302801804 (Dennis Carlsen); as acquired by Clerk's Deed dated June 3, 2003, recorded as 2003 - 001926 -0, Kodiak Recording District. FRACTIONAL S' /2S%2SE' /4SE''ANE%a and NE1/4NE1/4SE1/4 OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, containing approximately 10 acres, more or less. Excepting therefrom the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). 2. The vendor agrees that it has full right, power, and authority to convey, and that it will convey to the United States the fee simple title thereto clear, free, and unencumbered, except subject to the following easements or reservations: Platted easements, rights, and reservations of the United States, the State of Alaska, and third persons, if any, as provided by the survey plat or otherwise of record. 3. The vendor further agrees not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be home by the vendor; and that, in the event any such loss or damage occurs, the United States may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The vendor further agrees that during the period covered by this instrument officers and accredited agents of the United States shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. 5. The vendor will execute and deliver upon demand of the proper officials and agents of the United States, and without payment or the tender of the purchase price, a good and sufficient special warranty deed conveying to the United States a safe title to the said lands of such character as to be satisfactory to the Attomey General of the United States, and said deed shall provide that the use, occupation, and operation of the rights -of -way, easements, and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the Secretary of the Interior governing the use, occupation, protection, and administration of areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926), as amended. 6. In consideration whereof, the United States of America agrees that it will purchase all of the said lands and other interests at the price of $20,000.00 TOTAL, the acreage to be ascertained by a survey to be made at the option and expense of the United States after reasonable notice to the vendors, and according to standard methods and procedures, or by recourse to the records of the Bureau of Land management, or by both; and it further agrees that, after the preparation, execution, delivery, and recordation of the deed at no cost to the vendor, and after the Attorney General shall have approved the title based upon the blanket waiver issued on September 25, 2000 by Lewis M. Baylor, U.S. Department of Justice, to accept conveyances of land by special warranty deed from Kodiak Island Borough, subject to certain conditions, thus Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 2 of 6 vested in the United States, it will cause to be paid to the vendor the purchase price by a United States Treasury check. The expenses of the vendor for recording fees, revenue stamps, transfer taxes, and similar expenses incidental to the conveyance of the property; and any amount paid as a penalty cost for prepayment of any pre- existing recorded mortgage entered into in good faith, encumbering such real property; as well as the pro rata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the United States, or the effective date of possession of such real property by the same, whichever is earlier; shall be subject to reimbursement as provided in Section 303 of the Act of January 2, 1971, 84 Stat. 1899. Full possession and use of the premises shall pass to the United States as of the date payment is made to the vendor subject only to the reservations stated in section 2 above. 7. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States by judicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owner and the award to be made for said lands in said proceedings shall be upon the basis of the purchase price herein provided. 8. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be sold, satisfactory to the Attorney General, will be obtained by the United States at its expense. 9. It is mutually understood and agreed that this contract shall not be assigned in whole or in part without the consent in writing of the United States. 10. It is further mutually agreed that no Member of or Deldgate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. 11. It shall be the obligation of the vendor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 12. Vendor acknowledges the need for a contaminant survey by the United States and agrees that such survey can be conducted at the expense of the United States. 13. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the vendor by certified mail addressed to: Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 3 of 6 and shall be effective upon date of mailing and shall be binding upon the vendor, except as such obligation may be affected by the provisions of paragraph 6 hereof. IN WITNESS WHEREOF, the vendors have hereunto signed their names and affixed their respective seals on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration, and therefore the vendor for and in consideration of the $1.00 hereinabove acknowledged as received, has and does hereby grant unto the United States of America by and through the Secretary of the Interior or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within 120 days from the execution thereof by the vendor, and to purchase said lands as herein provided. This Agreement is contingent on the approval of funds. STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Rick L. Gifford, Borough Manager, to me known and known to be the person he represented himself to be, and the same identical person who executed the above and foregoing instrument on behalf of Kodiak Island Borough, and who acknowledged to me that he has full power and authority to and did execute the above and foregoing as a free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 4 of 6 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 ACKNOWLEDGMENT ) ss: Kodiak Island Borough By: Rick L. Gifford Borough Manager Kodiak Island Borough IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 5 of 6 STATE OF ALASKA ) ss: THIRD JUDICIAL DISTRICT Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 6 of 6 ACCEPTANCE The Secretary of the Interior, acting by and through his authorized representative has executed this agreement on behalf of the United States of America on this day of 20 . THE UNITED STATES OF AMERICA By Chief, Division of Realty U.S. Fish and Wildlife Service Region 7 ACKNOWLEDGMENT THIS IS TO CERTIFY that on the day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , who declared to me that is the , U.S. Fish and Wildlife Service, Region 7, who is known to me to be the person who executed the within instrument on behalf of the agency herein named, and who acknowledged to me that the same was signed as a free act and deed of the agency for the uses and purposes therein stated pursuant to the laws and regulations of the United States. WITNESS my hand and notarial seal the day and year first above written in this certificate. Notary Public in and for Alaska (SEAL) My commission expires: SPECIAL WARRANTY DEED THIS DEED, made and entered into this day of , 20 , by and between the Kodiak Island Borough, an Alaska municipal corporation, 710 Mill Bay Road, Kodiak, Alaska, 99615, GRANTOR, and the UNITED STATES OF AMERICA and its assigns, acting through the U.S. Fish and Wildlife Service, Division of Realty, 1011 E. Tudor Road, Anchorage, Alaska 99503 -6199, GRANTEE, under the authority of Section 1302 of the Act of December 2, 1980, Alaska National Interest Lands Conservation Act, P.L. 96 -487, 16 U.S.C. § 3192. WITNESSETH, that the GRANTOR, for and in consideration of the sum of Twenty Thousand Dollars ($20,000.00) to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, does by these presents grant and convey all of the GRANTOR's right, title and interest, with the special warranties of title noted herein, unto the GRANTEE and its assigns, forever, all of the surface estate of that tract or parcel of land lying and being in the State of Alaska, being more particularly described as follows: Kodiak Island Borough Property I.D. R5302801804 (Carlson, Dennis); as acquired by Clerk's Deed dated June 3, 2003, recorded as serial number 2003- 001926-0, Kodiak Recording District (RPMIS Tract 61v). Fractional Si/2S %hSE'/4SE%NE '/4 and NE' /aNEYaSE'/ of Protracted Section 18, Township 30 South, Range 28 West, Seward Meridian, located in the Kodiak Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the GRANTEE and its assigns, FOREVER. Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 1 of 4 SUBJECT, however, to the conditions, restrictions and limitations noted herein as well as easements, rights, and reservations of the United States, and third parties, if any. (1) Easements, restrictions, reservations, limitations, encumbrances, requirements, terms and conditions imposed by the Alaska Native Claims Settlement Act or the Alaska National Interest Lands Conservation Act. (2) Any adverse claim of right, title or interest created or conveyed by the Secretary of the Department of the Interior, including any application to such claim or right, title or interest which is pending before the Secretary of the Department of the Interior, pursuant to his power and authority under Section 14(d), (a), (f) and (h) of the Alaska Native Claims Settlement Act of December 18, 1971, including the amendments thereto, 43 U.S.C. Sec. 1601, 1613(d), (e), (f), and (h). (3) Rights of the public and /or governmental bodies in and to any portion lying below the mean high water of Zachar Bay. (4) Easement for highway purposes fifty (50) feet either side of section lines as reserved to the State of Alaska. The GRANTOR hereby covenants to and with the UNITED STATES and its assigns, that the GRANTOR has title in the surface estate of the above - granted real property, has a good and lawful right and power to sell and convey the same, that the same are free and clear of all encumbrances, except as shown above, and that the GRANTOR warrants the quiet and peaceable possession thereof and will defend the title against the lawful claims and demands of all persons whomsoever. The above - described lands are acquired for administration by the Secretary of the Interior through the United States Fish and Wildlife Service. IN WITNESS WHEREOF, the GRANTOR hereunto sets its seal the day and year first above written. ATTEST: Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 2 of 4 Kodiak Island Borough By: Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ACKNOWLEDGMENT ) ss. day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , to me known as the Manager of the Kodiak Island Borough, a municipal corporation herein named, and acknowledged to me that the same was executed as a free act and deed of the said municipal corporation for the uses and purposes therein stated and pursuant to its bylaws or a resolution of its Assembly. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: The Secretary of the Interior, acting by and through his authorized representative has executed this agreement on behalf of the United States of America on this day of ,20 Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 3 of 4 ACCEPTANCE THE UNITED STATES OF AMERICA By: Chief, Division of Realty U.S. Fish and Wildlife Service Region 7 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , known to me and to me known to be the U.S. Fish and Wildlife Service, Region 7, who is known to me to be the person who executed the within instrument on behalf of the agency herein named, and who acknowledged to me that the same was signed as a free act and deed of the agency for the uses and purposes therein stated pursuant to the laws and regulations of the United States. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: RPMIS Tract 61v (formerly 183) AFTER RECORDING RETURN TO: U.S. Department of the Interior Fish and Wildlife Service Division of Realty 1011 E. Tudor Road Anchorage, AK 99503 Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 4 of 4 ACKNOWLEDGMENT Location Index Seward Meridian Section 18 T. 30 S., R, 28 W. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.C.2 Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. The Community Development department is initiating a code update to portions of the KIB zoning ordinance (Title 17) as it relates to different "transient accommodation" uses. The initiation of this code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. This proposal to amend sections of Title 17 was heard and approved at the May 17, 2006 regular meeting of the Kodiak Island Borough Planning and Zoning Commission. The Commission began work on this proposal during their October 2005 regular meeting. During the course of the analysis and review, approximately 150 public review drafts and comment solicitation letters were sent to all transient accommodation business owners (including guides and pilots) in the Borough. Community Development staff considers "transient accommodation" uses, for the purposes of this review and update, to include the following uses: Bed and Breakfast, Boardinghouse, Hotel, Motel, Recreational Cabin, and Lodge. Staff has detected numerous inconsistencies relating to these types of uses between the language within Title 17 and how these uses have been conducted on site. Staff felt that it was necessary to also review and amend what zoning districts allow these uses either as a permitted use or a conditional use. Staff is also proposing that prior to being issued a Zoning Compliance certificate for a Transient Accommodation use, proof of registration for said tax would be provided to the Community Development Department. The proposed amendments have been formally reviewed by the Borough attorney. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2007 -03 in first reading to advance to public hearing on July 20, 2006. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -03 Introduced by: Manager Gifford Requested by Community Development Drafted by: Community Development Introduced: 07/06/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTERS 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 FOR TRANSIENT ACCOMMODATIONS WHEREAS, the Kodiak Island Borough Planning and Zoning Commission requested the Community Development to review KIBC 17 with regard to transient accommodation uses; and WHEREAS, the Planning and Zoning Commission spent nine months reviewing the code, gathering information on the condition of local transient accommodations, and holding public work sessions to discuss possible code changes; and WHEREAS, the Planning and Zoning Commission has recommended certain amendments to KIBC Title 17 regarding the standards for the development and operation of transient accommodations and to address many of the issues raised regarding the health, safety, and welfare of the residents of the Borough; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 17 Zoning Chapter 17.03 General Provisions and Use Regulations Section 17.03.110 Bed and Breakfasts, lodges, motels, hotels, and vacation homes is hereby added as follows: Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 1 of 6 17.03.100 Airport regulations. 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (Code section 3.30.080) or, if applicable, the certificate of exemption from that tax (Code section 3.30.060), must be submitted to the Community Development Department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Code chapter 17.63) shall be issued. Section 3: Title 17 Zoning Chapter 17.06 Definitions Sections 17.06.055 Bed and Breakfasts, 17.06.310 Guest room, 17.06.454 Premises, 17.06.455 Recreational cabin and 17.06.572 Vacation home are hereby amended and added as follows: 17.06.055 Bed and Breakfast (B &B). "Bed and Breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is twee) five (5). In addition to the off- street parking requirements of Code section 17.57.040 for a single family dwelling, a Bed and Breakfast with up to two guest rooms must provide one additional parking space; a Bed and Breakfast with three to four quest rooms must provide two additional parking spaces; and a Bed and Breakfast with five guest rooms must provide three additional parking spaces. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast, or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. 17.06.454 Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. 17.06.572 Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. Section 4: Title 17 Zoning Chapter 17.12 NU— Natural Use District Section 17.12.020 Permitted principal uses and structures is hereby amended as follows: 17.12.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and /or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 2 of 6 C. Passive recreation activities (photography, hiking, camping, cross country skiing, horseback riding, etc.); D. Pedestrian trails and trail systems; and E. Public coastal docking facilities and F. Recreational cabin. Section 5: Title 17 Zoning Chapter 17.13 C- Conservation District Section 17.13.020 Permitted principal uses and structures is hereby amended as follows: 17.13.020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU- Natural Use Zoning District; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak Soil and Water Conservation District, in those areas historically established for livestock grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island. C. Commercial fishing activities and related structures, including mariculture activities and related structures; D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography, etc.) and related structures (e.g. lodges) containing provisions for no more than six (6) clients; E. Parks; F. Recreational activities (including recreational mining activities); G. Single- family dwellings /recreational cabins and associated home occupations; H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities; and I. Churches; J. Bed and breakfast; and K. Vacation home. Section 6: Title 17 Zoning Chapter 17.15 RR2 -Rural Residential Two District Section 17.15.020 Permitted principal uses and structures is hereby amended as follows: 17.15.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Home occupations; G. Horticultural buildings and activities; and H. Single- family dwellings; and I. Vacation home. Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 3 of 6 Section 7: Title 17 Zoning Chapter 17.16 RR -Rural Residential District Section 17.16.020 Permitted principal uses and structures is hereby amended as follows: 17.16.020 Permitted principal uses and structures. A. Single- family dwellings B. Vacation home. Section 8: Title 17 Zoning Chapter 17.17 RR1 - Rural Residential One District Section 17.17.020 Permitted principal uses and structures and Section 17.17.030 Conditional uses are hereby amended as follows: 17.17.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single- family dwellings; and H. Home occupations; and I. Vacation home. 17.17.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Fireworks stands B. Recreational cabin. Section 9: Title 17 Zoning Chapter 17.18 R1 - Single - Family Residential District Section 17.18.030 Conditional uses is hereby amended as follows: 17.18.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Hospitals; and B. Schools; C. Bed and breakfast; and D. Vacation home. Section 10: Title 17 Zoning Chapter 17.19 R2 - Two - family Residential District Section 17.19.020 Permitted principal uses and structures is hereby amended as follows: 17.19.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 4 of 6 D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single- family dwellings; and L. Two - family dwellings; and M. Vacation home. Section 11: Title 17 Zoning Chapter 17.20 R3 - Multiple Family Residential District Section 17.20.020 Permitted principal uses and structures is hereby amended as follows: 17.20.020 Permitted uses. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single- family dwellings; and N. Two - family dwellings and 0. Vacation home. Section 12: Title 1 7 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District Section 17.22.020 Permitted principal uses and structures is hereby amended as follows: 17.22.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts /motels; D. Churches; E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores, professional offices, etc.); J. Schools /daycare facilities; Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 5 of 6 PERMITTED USES REQUIRED OFF - STREET PARKING SPACES Bed and Breakfast In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, up to two guest rooms must provide 1 additional parking space; with three to four guest rooms must provide 2 additional parking spaces; and a Bed an Breakfast with five guest rooms must provide 3 additional parking spaces. K. A single - family dwelling if located on lot with a structure containing a permitted business use; and L. Warehouses; and M. Vacation home. Section 13: Title 17 Zoning Chapter 17.57 Off - street parking and loading Section 17.57.040 (A) Number of spaces required is hereby amended as follows: 17.57.040 Off - street parking -- Number of spaces required. A. The required number of off - street parking spaces to be provided will be determined as follows: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 6 of 6 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.D.1 State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group) Per 13 AAC 104.725 (e) An application for a new designation of premises under this section will be approved bythe board only if it approved by the local governing body having jurisdiction over the area in which the licensed premises exists. Fiscal Notes: Account No. APPROVAL FOR AGENDA: Ltle C7 Recommended motion: Move to Approve the State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group) 13 AAC 104.725. Dining by persons under the age of 21 (a) Upon application under 13 AAC 104.715 for a designation under AS 04.16.049 (a)(2) or (3), or both, the board will, in its discretion, designate a licensed premises for dining by a person under the age of 21 who is not accompanied by a parent, legal guardian, or spouse who has attained the age of 21, only if it finds that (1) the premises are a bona fide restaurant; (2) there is supervision on the premises adequate to reasonably ensure that a person under the age of 21 will not obtain alcoholic beverages; and (3) it is unlikely persons under the age of 21 will enter and remain on the premises for purposes other than dining. (b) The board will generally presume that the premises are a bona fide restaurant for purposes of (a)(1) of this section if (1) the premises are licensed as a restaurant or eating place; (2) at least 50 percent of the gross revenue of the licensed business is from the sale of food and non - alcoholic beverages; or (3) the premises are a facility at which the patron's primary activity is dining. (c) For purposes of (a)(3) of this section, the board generally will presume that premises are unlikely to be entered by persons under the age of 21 other than for purposes of dining if no entertainment other than dining is provided or available. "Entertainment" includes live music, dancing, pool and other table games, sports, pinball, and video games. (d) The presumptions in (b) and (c) of this section are neither conclusive nor exclusive. The board will, in its discretion, find that premises that satisfy the presumptions are not a bona fide restaurant or do not provide adequate supervision. The board will, in its discretion, find that premises not satisfying the presumptions in (b) and (c) of this section are nonetheless a bona fide restaurant with adequate supervision. V (e) An application for a new designation of premises under this section will be approved by the board only if it is approved by the local governing body having jurisdiction over the area in \ which the licensed premises exists. The granting of this permit allows access of persons under 21 years of age to designated licensed premises for p and persons under the age of 19 for employment. If for employment, please state in detail, how the person will t~ (13 AAC 104.745). This application is for designation of premises where : (please mark appropriate items). I X Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 ✓ Persons between 16 & 21 may dine unaccompanied. 3 ✓ Persons under 16 may dine accompanied by a person 21 years or older. 4 ✓ Persons between 16 and 19 years may be employed. (See note below). LICENSEE STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS 04.16.049 & 15 AAC 104.715 -794 FEE: 550.00 TuF �1sn HT/ (—)g 9 D / B / A : L e✓ 2 t I J.J s 3 a 44 * A D D R E S S : 1 3 r ' 1 j J 1 t P © t om [ 4%4 k n h, A't /_ A Y 7 1 1 1 . Mons of Operation: 1 [ ,wvt to )2 . Q U O Q J g l e p h o n e # 107- y-S 7 - a 70 o 2. Have police ever beenralledlo your premises by you or anyonetlsefoany season: .1 1 Yes 1.4 No If yes, date(s) and explanation(s). 3. Duties ofempioyment: 1-el a C- k hurw• ( ws s 1.4701- W t ua q caK7S {one Ter.6tes +..v this 4. Are video games available to the public on your premises? A) n fig n4, 4 5. Do you provide entutaicuttrau: [ ] Yes [/1 No If yes, describe. 6. How is fwd sued? ✓ Table Service ✓ Buffet Service t/ Counter Service n / Other' 7. Is the owner, manager, or assistant manager always present during business hours? [VI Yes [ ] No A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION This pemhtemains in effect until the liquor license is transferred ORattbe ,iiscretion of the Alcoholic Beverage Control Board. (I3 AAC 104.795) 1 certify that 1 have read AS f)JI. 16.049, AS 04.16.060, 13 AAC 104.715 -795 and have instructed my employees about provisions contained t)Enn Applicant(s) signature Subscribed and sworn to before merh kit day of .L/or / _met, S LL � 1fo�( Notary Ihnb is in and for Alaska mi OFFI CAROL DIANN IRISH NOTARY PUBLIC STATE OF ALASKA My Commission Expires: April 16, 2007 nth Cp BOROUGH CLERK'S OFFICE Date: Date Application approved (13 AAC 104.725(e).__ Governing Body Official Director, ABC Board :R, NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the Iirrosee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of form. , 0 d MAY 3 0 2006 D STATE OF ALASKA ALCOHOL BEVERAGE CONTROL BOARD Licensed Premises Diagram INSTRUCTIONS: Draw a detailed floor plan of your present or proposed licensed premises on the graph below; show all entrances and exits, and all fixtures such as tables, booths, games, counters, bars, coolers, stages, etc. DBA: es OT IN4 IL 07,ittc PREMISES LOCATION: l � v • iti ea L S ( Indicate scale by x after appropriate statement or show length and widih SCALE A: 1 SQ. = 1 FT. SCALE B: Length and width of premises in feet Outline the area to be designated for sale, service, storage, and consumption of alcoholic beverages in red. DO NOT USE BLUE INK OR PENCIL ON THIS DIAGRAM. X I SQ. = 4 FT. A f- 7 E — .lu RA t I 94' ROOM BST! r 14E7 • <4 crl n v L f S r 45 cA, \ 1 � 1. aDJO rnra�rc aa a�s ltf 1'�`1Z ,��c�1�� .�aoR � �iA65 � LhUiJDF ADJ(7INiNG RC1 {3MS �nJanv�.vc R��'1� Y `'�'" R� t3MS . -��4. � Jt� �JOrnrnvc :aan�:s 04 -17 -2006 16:43 BUSKIN RIVER INN 907 487 4447 PAGES CONTINENTAL BREAKFAST 7 -10 am (Complementary for hotel guests with coupon) CHOICE OF FRESHLY ROASTED MILLBAY CORM OR ASSORTED TEAS GLASS OF JUICE: ORANGE, CRANBERRY OR APPLE CHOICE OF ASSORTED CEREALS WITH MILK HOMEMADE GRANOLA WITH FRESH FRUITS AND LOW FAT VANILLA YOGURT FRESHLY BAIOD SCONE OR MUFFINS (2 ) TOASTED BAGEL WITH JAM & CREAM CHEESE THE TRAVELER BREAKFAST 7311 TU 930 AM TOASTED BAGEL WITH CUSTOM SMOKED SALMON CREAM CHEESE LOX, STOCK AND BAGEL TOASTED BAGEL WITH SMOKED SALMON CREAM CHEESE, WILD SOURCE LOX AND TRIMIMGS TWO EGGS ANY STYLE WITH HASH BROWN POTATOES, CRISP BACON OR CARIBOU SAUSAGE KODIAK AWAKENING SMOKED SALMON HASH WITH TWO EGGS ANY STYLE SOUTH OF THE BORDER ROLL UP TWO EGGS OMELET WITH VEGETABLES, HAM, HOT CHEESE ROLL IN A TORTILLA - TOPPED WITH SALSA OUTDOOR'S MAN PANCAKE TWO LARGE PANCAKES FELLED WITH CRUMBLED CARIBOU SAUSAGE & BACON SERVED WITH PURE MAPLE SYRUP 84 -17 -2006 16:42 BUSKIN RIDER INN 907 487 4447 PRGE4 LUNCHEON served from 11:30 ism to 2:30 pm APPETIZERS HEART OF ROMAINE WITH OUR SPECIAL TANNER CRAB DRESSING PETITE HOUSE SALAD SEAFOOD STUFFED MUSHROOMS CAP BAKED WITH WHITE WINE HOMEMADE TIJUANA JALAPENO PEPPERS FILLED WITH SMOKED SALMON CREAM CIIEESE, BREADED AND FRY CRISP SALADS ENTREES SIIE 1RW ATER ('OBB SALAD MIXED C ;ARDF.N CRRENS, ASSORTED STTRTMI, CHOPPED ECC s, TOM.ITOES, LEMON :MO1.1 DRESSING BAYOU CI'ASAR SALAD TOPPED WITH RI ACKISNED SAI MO:N IIL.LI3.AY DEC.! LOX CI:ASAI( SAI.:A CRISP ROMAINE WITH CAESAR DRESSING TOPPED WITH WILD SOl!UWE LOX AXI) SMOKED SALMON C'ROSTINI OMEGAS UFALLtj%SALA10N MTXEI) GREENS, TOMATOES. FIELD'S FRESH CANNED SALMON, .MANDARINS, TOPPFD WITH ORGANIC FLAN SEEDS (H'IC'K. EASY DAILY SPE:CIAI S PASTA BOWL FISH FRYCATCH OF THE DAY ROLL UP KODIAK WILD GOURMET SEAFOOD SALMON BURGER KODIAK OWN FREE RANGE BEEF GROUND PAM )' FOR YOUR FAVOR /TG HAMBURGER: CLASSIC: TOPPED WITH CRISP BACON, SAUTEED ONIONS, CHEESE. MARIA LOUIS,A FILLED WITH BLUE CIIEESE TOPPED WITH SAUTEED ONIONS - HIE LOGGER . SAUTEED MUSHROOMS MEDLEY, VEGETABLES AND CHEESE MARCO POLO FILLED WITH HOMEMADE APPLE CHUTNEY SERVED W1'I'H TANGY CURRY DRESSING 'OUTII OF - flit: 13ORI)I'u FILLED WITH A MEDLEY OF BLACK BEANS, PEPPERS, ONIONS & HOT CHEESE. 'TOPPED WI'I'll SALSA ALL HAMBURGERS ARE SERVED WITH CHOICE OF FRENCH FRIES OR RAINBOW COLE SLOW SE .1.FOOD LASAGNA ROU PASTA WITH PACIFIC SEAFOOD, CIIEESE, ROLLED AND RAKED WITH OVEN ROASTED ROMA TOMATO SAUCE ASIAN ROLL, UP CHIICKEN BREAST WITH SESAME SEEDS. CURRY, TOMATOES, ASIAN SLAW ROLLED IN A SPINACH TORTILLA , SIDE OF MIXED GREENS 17 -2006 16:42 BUSKIN RIVER INN 907 487 4447 PRGE2 DINNER MILL DAY DEIUX Served 530 pmTO 930 pm Mon -I'hu _ til 10pm Friday & Saturdays Sunday Menu 530- 9 pm APPETIZERS MERMAID TRILOGIE OF CAKES CRAB , SALMON AND SEAFOOD CAKES - SERVED WITII THREE SAUCES NIL.SIIR00MS CAPS SHEI,IKOF BAKED writ SEAFOOD STUFFING AND WHITE WINE ALI 1'110 PF:I(OCI< 2 1 Si' CE I:RV SALMON WITH VEGETABLES AND RICE IN A WONSTON4 SKIN TOSSED will! CRAB BUTTER COCONUT SHRIMPS WITH SWEET & SOUR DRESSING (ASLNO DUET KING CRAB AND RAZOR CLAMS BAKED IN A CLAM SHELL WITH SEASON BUTTER AND GRIP BACON DE LOX MILLBAY ( F.ASAR SALAD PETITE S ENTRF.R. S CRISP ROMAINE. WITH CEASAR DRESSING TOP WITH WILD SOURCE LOX AND SMOKED SALMON CROSTINI HEART OF ROMAINE. IOP WI'1'H TANNER CRAB DRESSING EREN(:II ONION SOUP GR.ATINFE A CUP A BOWL SPECIAL' \ KING: CRAB BISQUE. A CIUP A BOWL ENTREES CATCH OF THE. DAY SPECIALS SAI:N1 ,1 VAN PARISH CASSOLEII I: ALASKAN SCALLOPS DUSTED WITH CAJUN SPICES, SPO'T'TED SHRIMPS, ANDOUILLE CHAMPAGNE SAUSAGE, SHRIMP VELOLT'E & CREAM SERVED IN PUFF PASTRY KODIAK. W11.9 GOURMET SEAFOOD SALMON KIEV SALMON FILET WITII CRAB BUTTER, SERVED WITH KING CRAB SAUCE F.PI(1'RIAN GRIZG DELIGHT GRILLED SALMON FILET WITH HOUSE SALMON BERRY BBQ SAUCE, CRISP SKIN SURPRISE BAKED COD SEE NF1' STY LE CRAB MEAT & SMOKED SALMON BREAD CRUMS BAKED WITH WHITE WINE BARANOF PASTA TOSS OF PENNE PASTA WITH SMOKED SCALLOPS, SMOKED SALMON, ASPARAGUS, PEAS, MUSHROOMS, LEMON VODKA & CREAM ASIAN S I \ I IC SEAFOOD) IN Ti1F NET PACIFIC FISII, SCALLOPS, SHRIMPS, THAI CARRY, COCONUT MILK CREAM SAUCE AND BABY CORN I 04 -17 -2886 16:42 BUSKIN RIVER INN 907 487 4447 RRGE3 CHICKEN AND SIIKIMI E,MILIE SAUTEED CHICKEN TENDERLOIN & SHRIMPS WITH HERBS, PORT WINE & SHRIMP V E LOI1 TE 13UlCHER STYLE PETITE FILE MIGNON FILET WRAPPED IN PEPPERY BACON - GRILLED AND SERVED WITH RED WINE BORDELAISE SAUCE FILETvIIGNON F.V. NEPTUNE. OSCAR GRILLED FILET MIGNON TOP WITH ICING CRAB MEAT ,ASPARAGUS AND BEARNAISE SAUCE 12 OZ NEW ,TEAK BROILED TO YOEB LIKING TOPPED W CPI t DUET OF BUTTERS PORK TENDERLOIN ENDER NAVAJO BLANKET BROILED MARINATED PORK TENDERLOIN TOSSED WITH ONIONS, PEPPERS MEDLEY - HOT CHEESE SERVED IN NAVAJO FRY BREAD ALL DINNERS ENTREES ARE SERVED WITH VEGETABLES, CHOICE OF CUP OF SOUP OF THE DAY OR SALAD, BREAD AND BUTTER 2006 16:42 BUSKIN RIVER INN 907 487 4447 PRGE1 BAR MENU TIJUANA JALAPENO PEPPERS HOT AND PINK STUFFED WITH SMOKED SALMON CREAM CHEESE BREADED, FRIED CRISP MERMAID CIIICKEN TENDERLOIN TENDERLOIN TOPPED WITH CRAB MEAT SEAFOOD STUFFING, BREADED, FRIED CRISP & SERVED WITH TANGY CALYPSO DRESSING SALMON BURGER A KODIAK WILD GOURMET SEAFOOD SPECIALTY HOMEMADE SALMON BURGER TOPPED WITH CRAB, SHRIMP CREAM CHEESE ,ALUTHQ SEASONINGS SERVED ON A BUN WITH FIELD GREENS & CALICO SLAW CHICKEN BREAS TAMPALLA ) SAUTEED CHICKEN BREAST WITH BALSAMIC REDUCTION, SERVED ON A BU WITH LETTUCE TOMATOES, ONIONS & CALICO SLAW BASKET OF SPECIAL HOUSE CRISP FRENCH FRIES HOUSE MADE FRENCH FRIES DUSTED WITH CAJUN SPICES, BREADED FRIED CRISP KODIAK OWN FREE RANGE BEEF HAMBURGER THE CLASSIC TOPPED WITH CRISP BACON, SAUTEED ONIONS & CHEESE SERVED WITH FRENCH FRIES POTATOES, LETTUCE TOMATOES & ONIONS SOUTH OF THE BORDER FILLEDIWITH A MEDLEY OF BLACKBEANS, PEPPERS, ONIONS, PEPPER JACK HOT CHEESE AND TOPPED WITH SALSA SERVED WITH FRENCH FRIES, LETTUCE & TOMATOES Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.D.2 Appointment to the Bay View Road Service Area Board. Per KIBC 4.15.040 D. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. This vacancy has been advertised per Borough Code. One application was received from Andy Teuber. Attached is a recommendation from the Service Area Board. APPROVAL FOR AGENDA: d oe C/z .-o Recommended motion: Move to appoint Andy Teuber to a seat on the Bay View Road Service Area Board to expire 2007. Apr -06 -2006 10:41am from- KOKIAG KODIAK NAME: / ! 1 et -T ,J ai l HOME PHONE: Ve 0 WORK PHONE: `� 2 S 3U E- MAIL:o7 et- e e /6 // n ( a 4'- cc) x-- STREET ADDRESS: oC9� t',l�le`� / J MAILING ADDRESS: Q X (C44 OF RESIDENCE IN KODIAK: 2S (c t ARE YOU A REGISTERED VOTER IN KODIAK ? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1y ilie,.,i✓7ce Ofd 2. 3. 4. ‘ 0(0 Signatur a te A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the S venised deadline. - STAFF USE ONLY. Vetere] No Ve,eeo 9y: Appicanf: Resierce: = orough Ome Appotnteo: Term Expkes on: Oomelemx: T -150 OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen@ldb.co.kodiak.ak. BOARD APPLICATION Doeumenrauonr YES (t-Y YES P.001 /001 F -060 E C E I I V E APR — 6 2006 BOROUGH CLERK'S OFFICE IN ALASKA: �PeA/ 5 NO() NO() Appainmlam Laper Roster Oath of Mat Financial Dlsdosute: Name Dawn Black, Corres. Sec. 2007 3201 Bay View Drive P.O. Box 1912 Kodiak, AK 99615 Reed Oswalt 3601 Bay View Drive P.O. Box 722 Kodiak, AK 99615 Fred Roberts 1760 Monashka Circle P.O. Box 8530 Kodiak, AK 99615 Jim Schauff 3446 Bay View Drive P.O. Box 8150 Kodiak, AK 99615 *acant Revision date: 12/22/2005 Revised by: nj KODIAK ISLAND BOROUGH Term Home Phone 486 -4666 486- 3818(fax) 2008 486 -4486 486- 4514(fax) 2006 486 -5571 2006 486 -4412 2007 Work Phone 486 -5516 486 -2001 4864412 Email kkschauff @gci.net Minutes of the Bayview Drive Service District Board of 5/24/06 The meeting was called to order at 5:12 P.M. at Bayside Coffee. Present were Reed Oswalt, Chairman, Jim Schauff, and Dawn Lea Black. Reed said that he and Jim filled the potholed with left -over gravel from graveling the road during this last winter. Andrew (Andy) Teuber who lives next door to Rick Baker has petitioned to be on Bayview Drive S. D. Board seeing as the previous Board member, Gayle Hagemeyer has resigned and temporarily moved to Nome. Reed called for a voice vote of those present on whether the present Board members wished to approve the petition of Mr. Teuber to be on the Board. The vote was unanimously in favor of accepting Mr. Teuber's petition Reed said that at the request of Dawn Lea, he would speak to the Yovinos about the removal of the junk truck they have dumped on the side of Bayview Drive. The meeting was adjourned at 5:30 P.M. ti JUN - 5 2006 J BOROUGH CLERK'S OFFICE Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 6, 2006 Item No. 13.1.3 Gravel Task Force Vacancies. The Gravel Task Force has been meeting for approximately one year. During that period, there have been three members whom have consistently missed meetings. Due to this there, have been problem establishing quorums at the monthly meetings, which therefore delay the amount of work that can be accomplished by this task force. The Task Force was only anticipated to be convened for an eighteen -month period. Therefore, it has become necessary to vacate these seats and begin advertising for replacements. APPROVAL FOR AGENDA: Recommended motion: Move to declare the seadield by Gene Anderson, Melvin Squartsoff, and Howard Weston on the Gravel Task Force vacant. Name Tom Abell P.O. Box 2224 Kodiak, AK 99615 Gene Anderson P.O. Box 47 Ouzinkie, AK 99644 Mike Anderson P.O. Box 2310 Kodiak, AK 99615 David King P.O. Box 3634 Kodiak, AK 99615 Revision date: 12/22/2005 Revised by: nj KODIAK ISLAND BOROUGH 486 3828 Home Phone Work Phone Email 680 -2281 680 -2281 486 -4959 486 -5551 Gary Carver 487 -4551 487 -4551 P.O. Box 52 Kodiak, AK 99615 481 -2930 486 -8501 Bill Oliver 486 -4238 486 -3215 P.O. Box 3751 Kodiak, AK 99615 �tfl/Melvin Squartsoff 454 -2208 454 -2222 Box 70 Port Lions, AK 99550 Andy Teuber 486 -1969 486 -2530 202 Center St. Ste 201 Kodiak, AK 99615 Thomas Trosvig 487 -1907 486 -3333 1132 Lake Orbin Circle Kodiak, AK 99615 ct Howard Weston 486 -3666 486 -8065 366 Lilly Drive Kodiak, AK 99615 486 -3828 tcabell @ptialaska.net Staff. Mary Ogle, Community Development Director 486 -2363 June 6, 2006 Melvin Squartsoff PO Box 70 Port Lions, AK 99550 RE: Gravel Task Force Dear Mr. Squartsoff: Sincerely, Mary Ogle, Director Community Development Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Because of your consistent absences at the Gravel Task Force meetings, we will be taking this matter before the Kodiak Island Borough Assembly at its July 6th regular meeting requesting your seat be vacated. If you have any questions feel free to call the Community Development Department at 486 -9363. June 6, 2006 Howard Weston 366 Lilly Drive Kodiak, AK 99615 RE: Gravel Task Force Dear Mr. Weston: Sincerely, Mary Ogle, Director Community Development Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Because of your consistent absences at the Gravel Task Force meetings, we will be taking this matter before the Kodiak Island Borough Assembly at its July 6th regular meeting requesting your seat be vacated. If you have any questions feel free to call the Community Development Department at 486 -9363. June 6, 2006 Gene Anderson PO Box 47 Ouzinkie, AK 99644 RE: Gravel Task Force Dear Mr. Anderson: Because of your consistent absences at the Gravel Task Force meetings, we will be taking this matter before the Kodiak Island Borough Assembly at its July 6th regular meeting requesting your seat be vacated. If you have any questions feel free to call the Community Development Department at 486 -9363. Sincerely, Mary Ogle, Director Community Development Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Minutes Architectural Review Board Work Session 19 April 2005 7:OOpm KIB Assembly Chambers A. Call to Order Chairman Scott Arndt called the meeting to order at 7:OOp. B. Roll Call u J E MAY 2 5 2006 BOROUGH CLERK'S OFFICE Present were: Board members Scott Arndt, Jerrol Friend, Gregg Hacker, Jay Johnston and Brent Watkins. Absent members were Mike Anderson and Charlie Jerling. Also in attendance were Robert Tucker, Gary Carver and Laura Kelly. In attendance from the KIB E/F Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. C. Review /Scoring of Interview Questions B. Cassidy said that questions to be put to the interviewees had been solicited, compiled and broken into 4 topics. The questions were to be reviewed at this work session. Any further questions that come out of the work session may be added. B. Cassidy went on to say that there would be 2 firms each evening [Wednesday and Thursday] giving presentations. The 5 th firm originally scheduled [Degankolb] would not be present. K. Smith relayed his conversation w /the Degankolb firm saying that the cost of travel and the number of participants negated the cost efficiency of their participation. The Chair suggested that the time allotted for the presentations might not be sufficient - he suggested 2 hours for each presenter. B. Cassidy said that thoroughness was important and the group agreed that more time for the presentations would be appropriate. The Chair asked K. Smith to present the questions for discussion. Under Geologic -PSHA heading: #1 Discussion - J. Friend asked G. Carver to explain the question - G. Carver indicated that new information and new \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARE Work Session 19 Apr 2005.doc Page 1 of 3 codes would be in place in the future and these issues need to be integrated into the selected firm's analysis. He added that it is important that the firm selected understands the uniqueness of the area [Kodiak]. #2 Question dropped - information will come after the work is done. #3 This question remains with minor change - The fist sentence becomes a statement rather than a question - re soils and near surface sediments. #4 Question remains. #5 Question remains. #6 Question moved to Cost Benefit section. #7 Question Moved to Structural Engineering section. #8 Question dropped. Under Structural Engineering #1 Question remains. #2 Question remains. #3 Question remains. #4 Question dropped. #5 Question remains. #6 Question remains. G. Hacker raised a question re constraining the amount of "invasive investigation" to be done and the associated repair costs. J. Johnston suggested adding a question that would ask the firms about their approach to invasive investigation and how costs could be minimized. It was agreed by the group to add this question. L. Kelly questioned the issue re state licensure. B. Cassidy responded that appropriate websites /info had been given to the presenters - the firms were all aware of what is required by the State of Alaska to perform work on a project within the state. Under Cost Benefit Analysis section #1 Question remains. #2 Question remains. #3 Question remains. #4 Question remains. \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARB Work Session 19 Apr 2005.doc Page 2 of 3 Under Project Management section #1 - #8 All questions are of a general nature and remain. There was a brief discussion re the timeline on FEMA dollars to be awarded. G. Carver asked if references of the participating firms had been checked. B. Cassidy responded that the checking of references would be completed by the Thursday evening meeting. The Chair suggested that the ARB meet again on Friday evening in order to have sufficient time to review the presentations. All agreed. The time set - 5:30 pm. SLA to email all parties room location info first thing in the morning. D. Adjournment The Chair adjourned the meeting at 8:00 pm. Respectfully submitted: i Sharon Lei olfi, Secr KIB Engineering /Facilities Approved by: 17 /ff '�.� Scott Arndt, Chair Architectural Review Board ept. Date: Date: 447 iZ % • 200€j \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARE Work Session 19 Apr 2005.doc Page 3 of 3 Minutes Architectural Review Board Interviews - Seismic Valuation 20 April 2005 5:30pm KFRC Conference Room CEDWE MAY 2 5 2006 0 BOROUGH CLERK'S OFFICE Present: Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Brent Watkins. Absent: Mike Anderson. Also present: Gary Carver, Laura Kelly, Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Chairman Scott Arndt called the meeting to order at 5:35p. The Chair introduced Doug Hohbach and Jeremiah LeGrue from Hohbach- Lewin, Inc. D. Hohbach began the presentation, using power point, with Scope of Work - following the RFP Team Education /Experience - indicated consultants who will work with the team. Emphasized key person, project manager, Jeremiah LeGrue - Kodiak connected. Firm has a great deal of experience in seismic evaluation of schools - mostly in Calif /Ore. They would use FEMA methodology. They know strengths /weaknesses and would integrate methodology that would suit Kodiak's needs. Would prioritize retrofits - sensitive to disrupting classes. Showed slides of projects accomplished - use performance based design. Steps involved in applying for FEMA Planning Grant J. LeGrue went on to speak re seismic hazards Shows Project Overview - Retrofits need to be viable The firm will have experts look at planned retrofits before submittal to FEMA \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Interviews 20 Apr 2005.doc Page 1 of 4 Want to work closely w /Borough to arrive at Performance Objectives Life Safety or Immediate Occupancy Immediate Occupancy makes sense in the area because of the tsunami risk - need to collect Data E/F will scan into - helpful now and in the future Site visits should be fairly minimal Seismic Hazard Assessment Objectives - goes over steps of analysis Tier 1 Screening Objectives /Basics - review Structural Checklists and Complete Nonstructural Checklists Reviews Tier 2 Evaluation - here is where seismic hazard assessment will be used Develop Conceptual Retrofit - put together sketches - allows for good cost estimation Reviews Cost Estimation - wants to provide a retrofit that minimizes loss of use of building - use local expertise and retrofits must be appropriate for Kodiak D. Hohbach - Have to have mitigation plan in place w /FEMA before can apply for FEMA Project Grant. Speaks about approach to other avenues for monies. Review of benefit /cost analysis and Project viability. Need to increase benefits and decrease costs Shows Management Plan w /J. LeGrue as center of Project assisted by various experts - meetings - regular Project updates - written reports Presentation concludes and the Chair poses list of questions. Presenters thank Board for opportunity. \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARE Interviews 20 Apr 2005.doc Page 2 of 4 7:35p The Chair introduces Adam Ludwig of ABS and Bill Burgess representing the geotech side from Shannon & Wilson. Adam Ludwig begins presentation - basic approach: hazard identification, risk assessment, solution. Firm is No. 1 in the country in risk management. Goes over experience in earthquake investigation. Team Organization Shows experience and education Gives brief rundown of FEMA grant people Project Objectives Evaluate current seismic risk to schools Explore options to mitigate risk Develop FEMA grant application Project Management - shows work flow program Performance objectives are important Geotech Approach Reviews Shannon & Wilson's background - good experience in Alaska and in Kodiak Approach - research /compile regional geology. Want to capture all new info - review drawings and site visits Adam Ludwig reviews ASCE31 -03 as basis for evaluation Performance Objectives Ground motion and structural Performance Levels - various Emergency Response Issues Structural analysis and nonstructural seismic evaluation need to be identified to develop mitigation alternatives FEMA Grant Assistance Cost benefit - a benefit is avoiding loss Benefit /Cost Analysis Conclusion and summary Question and answer period. Note: PML = probable maximum loss Ends at 9:45p \\ dove \Departments \EF \Projects \Architectural Review Board \Notes ARB Interviews 20 Apr 2005.doc Page 3 of 4 Respectfully submitted: � � !�C /! •� � Date: haron Lea • olfi, Secretary KIB Engineering /Facilities De!it. Approve SS �'n rhA Scott Arndt, Chair Architectural Review Board Date: /Wa ,2 A00-6 \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Interviews 20 Apr 2005.doc Page 4 of 4 Minutes Architectural Review Board Interviews - Seismic Valuation 21 April 2005 5:30pm KFRC Conference Room Chairman Scott Arndt called the meeting to order at 5:35p. Present: Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Brent Watkins. Absent: Mike Anderson. Also present: Gary Carver, Laura Kelly, Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. The Chair introduced members of the Coffman Engineers team, Will Vreelman, Saif Hussain, Bill Burgess, and Craig Comartin. Vreelman began the presentation indicating the Project Organization - slides that showed personnel. There is heavy experience in seismic evaluation - particularly in schools and hospitals. Bill Burgess spoke re Shannon & Wilson's experience in this area - geotechnical expertise. He described the geotechnical approach to the Project. Saif Hussain reviewed the processes used for seismic evaluation based on ASCE 31 [Evaluation Methodology]. Start w /Tier 1 evaluation for each building. Identify Tier 1 deficiencies, move on to Tier 2 deficiencies - then study retrofit approaches to address deficiencies. Craig Comartin spoke to FEMA Grant Proposals he does risk analysis /management. Vreelman went over the firm's approach to the Project: Preliminary evaluations, detailed evaluations, grant applications. Chair posed questions. Interview ended at approximately 7:30p \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Interviews 21 Apr 2005.doc Page 1 of 2 Chair introduced John Eidinger and Bill Lettis - the G &E team. John goes over Project Management Experience and background w /FEMA - he has been on the FEMA "review end" of applications - he has written the software programs for FEMA. John will be the PM - suggests monthly meetings - keep communications open. His objectives are to provide highest potential to obtain $$ from FEMA - to provide risk based management plan and to work w /community. Anticipates the time frame to be 7 - 10 months. He provides a cost estimate for labor, travel and reports to be $132,500 - and the figure is negotiable. Chair posed questions. Interview ended at approximately 11:00p. Respectfully submitted: 11 4.4 1 fri AINV Sharon Lrnolfi ecretary , KIB Engineering /Facilities Dep Approved b -CC rfriePt Scott Arndt, Chair Architectural Review Board Date: Date- Ma 2 V 20 \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARE Interviews 21 Apr 2005.doc Page 2 of 2 Minutes Architectural Review Board Review Session of Interviews - Seismic 22 April 2005 5:30pm KIB Conference Room \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Review Session 22 Apr 2005.doc 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. The Board 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, was 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 to 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. Respectfully submitted: t s :�/ "C - 44:4, Date: -1 -/ /G' 6 Bud Cassidy CJ KIB Engineering /Facilities Dept. Approved by: Scott Arndt, Chair Architectural Review Board Date: 6 \\ dove\ Departments \EF \Projects \Architectural Review Board \Notes ARB Review Session 22 Apr 2005.doc C. Approval of Agenda D. Approval of Minutes E. Seismic Study Update Minutes Architectural Review Board 19 September 2005 7:OOpm KFRC Conference Room \\ dove \nepartments \EF \Architectural Review Board \Minutes ARE 19 Sept 2005.doc Page 1 of 4 11 ll MAY 2 5 2006 BOROUGH CLERK'S OFFICE A. Call to Order Chairman Scott Arndt called the meeting to order at 7:02pm. B. Roll Call Present were: Board Members Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Also in attendance, representing the School District, were Robert Tucker and Norm Wooten. John Eidinger from G &E, Ken Goettel from Goettel & Associates Inc., Rob Witter and William Lettis from William Lettis & Associates were present. Interested parties present were Dr. Gary Carver, David Horne and Joe Macinko. In attendance from the KIB E/F Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. It was moved and seconded to approve the Agenda. There was an affirmative unanimous voice vote. It was moved and seconded to approve the Minutes of 13 September 2005 as presented. There was an affirmative unanimous voice vote. The Chair introduced John Eidinger, G &E, the engineering firm conducting the seismic valuation of the Kodiak Schools. J. Eidinger began by showing known faults in the area, indicating that these faults could have implications for the safety of the schools. [School] buildings were originally built to withstand 0.4g shaking. Current data indicates that for building /rehabilitating buildings, 0.6g should be the criterion. The team will also be looking at geologic hazards - landslides, tsunami run up, liquefaction. Eidinger presented a chart showing preliminary assessments [life safety] on the various schools in Kodiak. Village schools have been reviewed "on paper" and site visits will be made this week. He continued his presentation noting that, based on insurance coverage info, the Borough has $87 million in school buildings, translating to a replacement figure of $150 - $175 /sq. ft. These figures, in his opinion, are low. It is questionable that replacement construction could be accomplished based on those sq. ft. dollar figures. Eidinger showed a chart indicating the various stages of damage - from slight to complete. He then reviewed the team's preliminary assessments of the schools visited - the library area at the high school poses some risk, and sections of the Middle School could suffer damage if a 0.4g shaking took place. He also noted that in all of the buildings there were non- structural risks - file cabinets, desks, bookcases, computer monitors, etc. as well as boilers, air compressors - all vulnerable if not properly anchored. Suspended ceilings can shake loose during an earthquake, although not life threatening - the cost of clean up and replacement could be significant. Eidinger then suggested recommendations based on the preliminary findings which would shore up the integrity of the buildings - particularly in the library area and a section of the Middle School. Completing the presentation, J. Eidinger suggested that in applying for the FEMA Grant, dollar figures that follow would be appropriate: $1.5 million for the Middle School, $.5 million for the library at the high school and $300k for the non- structural risks. Eidinger said that the team would have additional information /recommendations on the Village Schools once they had been visited. F. Review and Scoring of Proposals - New Pool Facility Each in attendance presented their ranking of the 5 RFPs received. The top 3 firms to be interviewed were ECI /flyer, Architects Alaska and USKH. Issues that were considered in the scoring were: quality /expertise of consultants to be brought in, previous experience [both in Kodiak and in pool design /construction], project management approach, proven response time, cost containment philosophy, flexibility and creativity, experience with DEED, success in problem solving. \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 19 Sept 2005.doc Page 2 of 4 J. Friend moved to select ECI /Hyer, Architects Alaska and USKH as the firms to be interviewed for the Pool Project. The motion was seconded by R. Oswalt. The motion carried unanimously. G. Public Comments None. H. Scheduling of Interviews E/F Staff to arrange interviews. I. Board Member Comments G. Hacker - None B. Watkins - None C. Jerling - None J. Friend - None J. Johnston - Noted that the firms chosen for interviewing were good choices. He also said that he was generally pleased with the seismic update and questioned the G &E budget thus far - if it was within bounds, perhaps the firm could be utilized for other activities. R. Oswalt - Stressed the importance of having a user friendly pool facility - wants the public involved and wants engineering efficiency stressed. S. Arndt - Suggested that re the FEMA Grant Application, might want the firm [G &E] to take a look at other Borough facilities - the Hospital, the KIB Building, the Fire Departments and KFRC. N. Wooten - Stated that he appreciated the Board's interest in children and the schools. He wanted a good case to be made to FEMA that this is a remote island and the public needs safe places for shelter in emergency situations. Other Comments B. Cassidy noted that the seismic work being done in the schools could be used in all new construction - a good basis for sound building. \\ dove \Departments \EF \Architectural Review Board \Minutes ARS 19 Sept 2005.doc Page 3 of 4 K. Smith - Suggested that the preliminary risk assessment and how it is presented may present conflicting interests - want to approach FEMA with a serious need yet need to temper the information for the public. J. Adjournment The Chair adjourned the meeting at 8:40pm. Respectfully submitte aron Lea inolfi, Secr KIB Engin-ering /Facilitie Approved by: J COtAn Scott Arndt, Chair Architectural Review Board ept. Date: Date: AC/ V 2€22( \\ dove\ Departments \EF \Architectural Review Board \Minutes ARE 19 Sept 2005.doc Page 4 of 4 C. Approval of Agenda 1. USKH Minutes Architectural /Engineering Review Boar 11 October 2005 5:OOpm KFRC Conference Room A. Call to Order The meeting was called to order by the Chair at 5:02pm. B. Roll Call D. Architectural Firm Interviews The presentation touched on the following topics: Fully integrated team Collaborative approach Understanding of pool design Indoor Air Quality Lighting /Sound Operation /Maintenance Materials selection \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 11 Oct 2005.doc Page 1 of 3 ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District was Robert Tucker. Interested parties present were Joe Macinko, David Horne, and Jim Willis J. Friend moved and B. Watkins seconded a motion to approve the Agenda. There was a unanimous affirmative voice vote. The Chair read a brief statement re the goals of the interview and then welcomed and introduced USKH. The USKH team consisted of Jerry Neubert, Principal Architect, Greg McCracken, Pool Expert, Randy Rexwinkle, Mechanical Engineering Project Manager and Evelyn Rousso, Architectural Project Manager with expertise in working with Early Education Department. Mechanical Systems Scheduling Cost containment approach Review of State Project Agreement /Reporting Submittals Full Service In -House Expertise Familiar w /Kodiak Educational Facilities Experience Collaborative /Interactive Design Process Proven Cost Control Strategies "Fresh" look at Project 2. Architects Alaska Architects Principal Architect, Williamson, Aquatics Morgenthaler, PE. Alaska was represented Dave Moore, Facilities The presentation touched on the following topics: Overall Management Pool /Education Facilities Experience Mechanical /Electrical Systems Awards Received Experience w /EED Site Issues Solar Orientation Acoustics Humidity Materials Interior finishes /lighting /spatial design Occupant Comfort Health Issues Building Protection 0& Local Labor Cost Containment by Marvin Ungerecht, Project Manager, Ken Consultant and Boyd \\ dove \Departments \EF \Architectural Review Board \Minutes ARE 11 Oct 2005.doc Page 2 of 3 3. ECI /flyer ECI /Hyer was represented by Terry Hyer, Principal Architect, Bob Banker, Aquatic Specialist and Boyd Morgenthaler, PE. The presentation touched on the following topics: Design Team Familiarity w /Kodiak Project Understanding Educational Facilities Experience Awards Received Aquatic Experience Architectural Experience Quality Design Appropriate Design Creativity Exterior Envelope Materials Design for Kodiak Define - Execute - Implement Easy Operations and Low Maintenance QA /QC Energy Efficiency E. Ad journment The meeting was adjourned at 11:10pm with a second meeting scheduled for Wednesday evening at 6:OOpm in the KIB Conference Room to review and score the interviews, leading to a recommendation to the Assembly. Respectful y submitted: aron L_. A.i"'.lfi, Secr- .. -ry KIB Engineering /Facilities De ;6 t,/Hail- Scott Arndt, Chair Architectural /Engineering Review Board Date: Date: 40 2V ;U�.6 \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 11 Oct 2005.doc Page 3 of 3 A. Call to Order The meeting was called to order by the Chair at 6:01pm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Charlie Jerling. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District was Robert Tucker. Interested party present was Jim Willis C. Approval of Agenda R. Oswalt moved and J. Friend seconded a motion to approve the Agenda. There was a unanimous affirmative voice vote. D. Receipt of Minutes Minutes Architectural /Engineering Review Bo 12 October 2005 5.00pm KFRC Conference Room Receipt was acknowledged by the meetings held 11 October 2005, 19 20, 21, 22 April 2005. E. Review /Scoring /Recommendation of Kodiak MS /HS Pool The Chair asked Jim Willis for his thoughts. Board of Minutes for September 2005 and 19, Architectural Firm for The Chair asked Bud Cassidy to speak re the selection process and give his thoughts on the 3 interviewed firms. B. Cassidy noted that full attendance by the ARB Members was appreciated. He said that there is a good process in place for making a selection and this would be helpful as the other projects come along. B. Cassidy said that all the firms gave good presentations. He felt that both USKH and ECI /Hyer were the strongest and ranked them as tied. \\ dove \Departments \EF \Architectural Review Board \Minutes ARE 12 Oct 2005.doc Page 1 of 4 J. Willis said he thought USKH presented good organization - AA had good experience and he liked the firm's cost cutting ideas - he was impressed with the demeanor of the ECI /Hyer team. Willis ranked them ECI /Hyer first, USKH second and AA' third. R. Tucker liked the USKH presentation. He said they did not appear to have as much experience as ECI /Hyer. He felt Hyer had "up front" experience and would be able to hit the ground running on the pool project. K. Smith said that he would feel comfortable working with any of the firms and he ranked them ECI /Hyer first, USKH second and AA third. R. Oswalt ranked USKH first and ECI /Hyer second. He said he was impressed with E. Rousso of USKH and her strength in obtaining funding. He felt that this was a critical issue. J. Friend said that he felt uncomfortable with AA - that they appeared to be "stuck" in their ways and that it might be difficult to get them to listen. He said that he liked USKH's presentation and felt their relationship with DEED was good. He felt that ECI /Hyer gave by far the best presentation and that their experience in Kodiak was a plus. He rated them ECI /Hyer first, USKH second and AA third. J. Johnston questioned R. Tucker re the DEED requirements. Tuck responded that the requirements are spelled out and not difficult and that he had worked w /both AA and ECI /Hyer. He found AA "stuck" in their ways and ECI /Hyer responsive. J. Johnston noted that he was impressed w /USKH's "fresh look" at the project and liked their team. He ranked ECI /Hyer first, USKH second and AA third. Gregg Hacker ranked the firms ECI /Hyer first, USKH second and AA third. B. Watkins thought that USKH gave a good presentation, but that he felt more comfortable w /ECI /Hyer. He ranked the firms ECI /Hyer first, USKH second and AA third. S. Arndt liked USKH s presentation and thought it could be a plus that Jerry Neubert was contemplating moving to Kodiak. He liked Terry Hyer - found him to be very responsive and fair. He was impressed with Dave Moore of \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 12 Oct 2005.doc Page 2 of 4 the USKH team. He ranked the firms USKH first, ECI /flyer a close second and AA third. Discussion. Topics covered: Boyd Morgenthaler - on both AA and Hyer's team - Board was impressed w /his ideas USKH pushing HRVs - negative feelings Noted that Boyd complemented Terry H. - Board sees them working well together Architects build [essentially] sheds - it's the mechanical systems of a pool that are of import All expertise in -house a plus ECI /Hyer offers long term support Escalation of costs seen across the State - will need legislative assistance Designing for future possible expansion A motion was made by J. Friend to recommend to the KIB Assembly the firm of ECI /Hyer to accomplish the Architectural and Construction Services for a New Kodiak MS /HS Pool. The motion was seconded by J. Johnston. Roll Call Vote: S. Arndt No F. Friend Yes G. Hacker Yes C. Jerling Yes - note proxy given to sla J. Johnston Yes R. Oswalt No B. Watkins Yes Motion passes 5 to 2 General Discussion: J. Friend and R. Oswalt said that they would like to have Kodiak's local representatives present at an ARB Meeting to discuss funding needs. New F &G Building to go out for bid in November 2005 w /selection in January 2006. \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 12 Oct 2005.doc Page 3 of 4 All projects coming up are going to have funding problems - need to get City, School District and Borough together to firm up an operational model. The Pool Project needs to be a cooperative community project. Site selection - Architects to evaluate - only fixed guideline is that the Pool Facility needs to be adjacent to a school. Pool Facility needs to be user friendly. New USGS hazard maps are out - new info may affect Chiniak area, but no real change in Kodiak. May be some Seismic Valuation $$$ left over which may be able to be used to investigate other buildings besides schools. E. Adj ournment The Chair thanked those in attendance for their time. A motion was made and seconded - R. Oswalt, J. Johnston to adjourn. There was a unanimous affirmative voice vote. The meeting was adjourned at 7:02pm. Respectfully submitted- Sharon Lea •inol 1, Sec' l'y KIB Engineering /Facilities I -pt. Scott Arndt, Chair Architectural /Engineering Review Board Date: Date: ,j j , ,2 y ,?a 1 C \\ dove \Departments \EF \Architectural Review Board \Minutes ARE 12 Oct 2005.doc Page 4 of 4 A. CaII to Order The meeting was called to order by the Chair at 6:15pm. B. Roll Call Minutes Architectural/Engineering Review Board 5 April 2006 6:OOpm MB Assembly Chambers ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Charlie Jerling. Representing the KIB Engineering and Facilities Department were Ken Smith and Sharon Lea Adinolfi. Representing the School District was Robert Tucker. Interested parties present were Jim Willis, Ian Fulp, Chris Lynch, Sue Jeffrey, Tom Abell and Mel Stephens. C. Approval of Agenda J. Johnston moved and R. Oswalt seconded a motion to approve the Agenda. There was a unanimous affirmative voice vote. D. Presentation by New HS /MS Pool Design Team K. Smith introduced Terry Hyer of ECl/Hyer. Hyer said he would give a short presentation, but he hoped that 70% of the presentation would be dialogue between the ARB and the design team. The three main areas he would like to see covered at this meeting were [1] types of pools and systems, [2] the program and [3] site selection. Mr. Hyer turned the program over to S. Hunsaker of Counsilman/Hunsaker, Principal Pool Systems Designer, who began a Power Point Overview of pools and pool systems. Note that his presentation in electronic form has been sent to the ARB. Areas reviewed touched on: kinds of activities, water temps, gutter systems, pool features, ease of entry, ADA requirements. He went on to discuss and show pictures of various pool finishes and PVC liners. He reviewed pool shell construction, pre - engineered stainless steel panels. He went over equipment — timing systems, starting blocks, storage areas, railing systems, heaters, lifts and filtration systems — a pressured sand system was recommended. Hunsaker noted that seismic integrity was equal among the 3 different types of pool construction. He said at the end of the meeting that he would like to give pricing information on both the traditional concrete pool and the stainless steel pool. \\ dove \Departments \EF\Architectural Review Board\Minutes ARB 5 Apr 2006.doc Page 1 of 3 S. Arndt questioned why it was suggested that some equipment be put in place at a later date [after pool construction]. The response was to save initial costs. The next part of the presentation was given by Jae Shin, Project Manager /Project Architect, ECl/Hyer. Note that an update of the Program Summary has been forwarded to the ARB Members. The Program Summary indicates some reductions and modifications in order to try and fit the Project within the budget. T. Hyer said that his team needs direction from the ARB as to whether the team should conduct its design work to the Program or to the Budget. T. Abel said that he wants to see a design and price based on what was spelled out in the Bond. He does not want downsizing of the project to be done before design begins I. Fulp commented that if no direction is given, how does the design team know what to prepare /design. T. Hyer continues the Presentation by reviewing the Site Matrix. He advises that the DEED Site Matrix was utilized. Site #1 [Armory], based on the scoring of the matrices, ranks highest. A short break was taken at 7:35. The meeting was reconvened at 7:45pm. The Site Matrix was reviewed by the Members, line by line, and changes were made. The new figures were tallied and Site #1 [Armory] remained having the highest score. J. Friend moved to recommend to the Assembly for approval Site #1 and for ECl/Hyer to be directed to move forward with the design plans for that site. A roll call vote was taken. Scott Arndt and Reed Oswalt voted No, the remainder of the Members voted Yes — the motion passed 4 to 2. E. Public Comments None. F. Board Member Comments J. Johnston expressed the importance of "going for quality" in the design and construction of this project. R. Oswalt encouraged all Board Members to attend the upcoming Assembly meeting to express concern regarding the funding of this project. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 5 Apr 2006.doc Page 2 of 3 G. Adjournment The meeting was adjourned at 9:40pm. Respectfully submitted: "A IL Sharon Secre KIB Engineering/Facilities Dept. 5cat,4 Scott Arndt, Chair Architectural /Engineering Review Board Cy placed in Pool File Date: \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 5 Apr 2006.doc Page 3 of 3 Date: May A % 200-6' C. Approval of Agenda D. Approval of Minutes Minutes ArchitecturaUEngineering Review Board 2 May 2006 6:OOpm KFRC Conference Room A. Call to Order The meeting was called to order by the Chair at 6:OOpm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Charlie Jerling. Note that C. Jerling's absence was excused. Representing the MB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District were Larry LeDoux and Robert Tucker. R. Oswalt moved and J. Friend seconded a motion to approve the Agenda. There was a unanimous affirmative voice vote. R. Oswalt moved and B. Watkins seconded that the Minutes of 5 April 2006 be approved as submitted. There was a unanimous affirmative voice vote. E. Review of ECUHyer's Site Selection Report K. Smith said that the Site Selection Report from ECl/Hyer was a recap of information derived from the previous ARB meeting. There was also included in the Report a preliminary schematic of the new pool building and surrounding area which drew discussion. S. Arndt said that a plot plan was needed. He noted that the area between the Armory and the maintenance building is not a dedicated road. R. Oswalt indicated that it was also a fire lane. S. Arndt said that the schematic showed more parking than might be necessary. Tuck concurred, saying that parking and access are both problems. He was also concerned about the positioning of the new building relative to the HS building. He's looking for a better "connection ". Tuck noted that the Community Development Department is taking a look at parking requirements for the whole complex and it might be that fewer parking spaces will be required at the new building. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 2 May 2006.doc Page 1 of 4 J. Friend said he did not like the positioning of the building either and asked if this draft was being forwarded to the Assembly. B. Cassidy said this was a preliminary draft and the ARB was merely acknowledging receipt. R. Tucker noted that the site selection had been recommended to the Assembly but had not been formally placed on the Assembly's Agenda for approval. He noted that there was going to be a Resolution presented at the next Assembly meeting, prepared by M. Stephens, which might cause an approval of Site #1 to be postponed. J. Johnston said that hopefully the site would be approved at the Assembly Meeting. S. Arndt advised that he would be speaking at the Assembly Meeting regarding a Master Plan. B. Cassidy questioned what was meant by a Master Plan. S. Arndt responded saying a comprehensive look at the buildings on Borough Hill — their energy consumption, their uses, etc. in an effort to come up with an overall plan rather than doing a project here and there with no actual vision for the future B. Watkins moved and G. Hacker seconded a Motion to acknowledge receipt of ECUHyer's Draft Site Selection document, which included new information — a Draft Preliminary Site Plan. There was a unanimous affirmative vote. The Chair indicated that the draft site schematic would be reviewed at the next ARB meeting. F. Review and Scoring of RFP #1 Proposals K. Smith listed the names of all Proposers to the RFP. He said that he saw nothing that would disqualify any of them and that he was pleased with the quality of the Proposals. The Chair asked the group how they would like to proceed. G. Hacker suggested that the top 4 be short listed — based on scoring by Members. Jay Johnston: [1] USKH [2] Jensen Yorba Lott [3] ASCG [4] AA [5] Porath Tatom Reed Oswalt: None \\ dove \Departments\EF\Arehitectural Review Board\Minutes ARB 2 May 2006.doc Page 2 of 4 Gregg Hacker: [1] Jensen Yorba Lott [2] USKH [3] AA [4] McCool Carlson Green Brent Watkins: Jerrol Friend: [1] AA [2] ASCG [3] Jensen Yorba Lott Ken Smith: Scott Arndt: [1] USKH [2] Porath Tatom [3] Jensen Yorba Lott [4] AA [5] McCool Carlson Green Bob Tucker: [1] [2] [ There was a brief discussion regarding the Proposers — numbers were tallied and the 4 firms to be interviewed are: USKH AA Jensen Yorba Lott Porath Tatom [1] AA [2]USKH [3] McCool Carlson Green [4] ASCG [5] Jensen Yorba Lott [1] AA [2] Porath Tatom [3] USKH [4] ASCG [5] McCool Carlson Green Jensen Yorba Lott AA McCool Carlson Green G. Hacker suggested that the interviews be conducted over a 2 day period. Dates selected for the interviews are the 23rd and 24th of May 2006. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 2 May 2006.doc Page 3 of 4 G. Public Comments None. H. Board Member Comments R. Oswalt spoke to the group about a suggestion from his son — to update the existing pool, possibly with a saline system or UV system — to resolve the chlorine and ventilation issues - then move the systems into the new pool. Could this be done? Tuck indicated that this had been discussed and that a UV system could be installed and moved to the new pool. Although there are no "health issues" with regards to water quality — the UV system would be an improvement. But who pays? G. Hacker said they needed to look at the power requirements to confirm that the system is doable in the current mechanical area. Tuck and G. Hacker to gather information. There were no further Board Member comments. H. Adjournment The meeting was adjourned at 7:05pm. Respectfully submitted: Sharon Offlirt o1fi, Secretary KIB Engineering/Facilities Dept. Scott Arndt, Chair Architectural /Engineering Review Board Cy placed in RFP #1 File Date \\ dove\Departments\EF\Architectural Review Board\Minutes ARB 2 May 2006.doc Page 4 of 4 Date: 0 OO Minutes Architectural/Engineering Review Board 23 May 2006 6:OOpm MB Assembly Chambers A. Call to Order The meeting was called to order by the Vice Chair at 6:07 pm. B. Roll Call 70 EC VIE 11 JUN - 1 2006 J BOROUGH CLERK'S OFFICE ARB Members present were Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Scott Arndt. Note that S. Arndt's absence was excused. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District was Robert Tucker. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. D. Approval of Minutes B. Watkins moved and R. Oswalt seconded that the Minutes of 2 May 2006 be approved as submitted. There was a unanimous affirmative voice vote. E. Presentation/Interview — USKH — Proposer, RFP#1 for Various Seismic/Bond Projects on Borough Hill Jay Johnston welcomed the group from USKH. Jerry Neubert, Principal in Charge and Project Manager from USKH introduced the interview team: Jeff Hagge, Project Architect, Bruce Hopper, Structural Engineer and John Stadum, roofing specialist. J. Neubert began by saying that his A &E firm has over 30 years of experience and specializes in educational facilities. The firm provides a full service operation, including architects, engineers, education specifications consultants, acoustical consultants and cost estimators. Bruce Hopper, SE, reviews various retrofitting projects the firm has accomplished. He discusses adjusting levels of design for seismic protection to fit the use of various areas in a facility. Basic life safety would be designed for large gathering areas — retrofit design geared to level of importance of a specific area. Mr. Hopper continued explaining that field work — doing a thorough analysis of a facility — is of high import when designing a retrofit project. He noted that at the end of a project, USKH is interested and pleased to offer a seminar educating personnel and students about safety issues in the school facility. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 23 May 2006.doc Page 1 of 3 John Stadum, RIEI, continued the presentation. His expertise is roofing. There is a roof design group within USKH and their focus is to investigate, design and construct roofs. The roofing group also supports insulation issues and window replacement. He feels their strengths are thoroughness, practicality and good communications. Jeff Haggee, AIA, will work on educational specifications and programming. He likes to use open spaces and plan for future growth. He will work closely with the structural engineer to help create a pleasing exterior envelope. He reviews the A/E design services process, beginning with the 35% schematics through 100% construction documents. Concluding the presentation, Jerry Neubert emphasized full service, full discipline, readily available, experienced in educational facilities. There then followed a question and answer period. The ARB Members thanked the group for their time. There was a 10 minute recess. F. Presentation/Interview — Architects Alaska — Proposer, RFP #1 for Various Seismic/Bond Projects on Borough Hill J. Johnston welcomes the group. Dave Moore, Principal of Architects Alaska, introduces Colin Maynard, SE, BBFM and Mark Langberg, ME, AMC Engineers. D. Moore gives a review of the team, stating that AA's experience goes back to the 1950s. He shows slides of recent projects and talks about the strong experience in educational facilities, upgrades and renovation projects. The team works with DEED, has worked in Kodiak, is familiar with maritime climate and seismic upgrades. Mark Langberg is with AMC Engineers. He began his career working with the Corps of Engineers in their construction division. He has worked with AMC for the last several years and reviews for the Board Members various projects — both new construction and upgrade /renovation. He speaks about the ability to minimize energy consumption in the HVAC systems and designing an exhaust system in connection with the HVAC work which would improve the air quality and foster a better learning environment. He would work closely with the architects and maintenance personnel throughout the project and wants to provide personal service. D. Moore continues the presentation speaking on Cost Containment. His suggestions include sticking to the task at hand [staying focused], good value engineering and defining costs accurately and early. He emphasizes evaluating for life cycle costs, designing for the environment and using local labor. He concludes the presentation by saying that this is the right team, they care about the work, they have a tremendous amount of experience with educational facilities, Kodiak, seismic work and are committed to quality and service. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 23 May 2006.doc Page 2 of 3 Note: S. Arndt arrived at 8:55 pm. There then followed a question and answer period. The ARB Members thanked the group for their time. G. Public Comments None. H. Board Member Comments S. Arndt apologized for not being able to be present for the entire meeting — he was attending graduation ceremonies in two of the village schools. There were no other Board Member Comments. H. Adjournment The meeting was adjourned at 9:32 pm. Respectfully submitted: t eA. a ron L- � fi , Secretary 1 KIB Engineering/Facilities Dept. S o n .' Scott Arndt, Chair Architectural/Engineering Review Board Cy placed in RFP #1 File \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 23 May 2006.doc Page 3 of 3 Date .S 3/- 2Od 6 Fire Protection District No. Regular Meeting Minutes 18 April 2006, at 7:30p.m. Bayside Fire Hall 12E CE I WE ni MAY242006 BOROUGH CLERK'S OFFICE I. Call to Order. Chair, Scott Arndt, called the meeting to order at 7:30p.m. II. Roll Call. Present were, Scott Arndt, Cliff Davidson, Mike Dolph, and Greg Spalinger. Also present were Bob Himes, Bayside Fire Chief, Jessica Kepley, Support Staff /Secretary, Dick Carstens, BVF and Andrew DeVries, BVF and applicant for the vacant Board seat. III. Acceptance of Agenda. It was moved, G. Spalinger and seconded, C. Davidson to accept the agenda. The motion carried unanimously. IV. Financial Report. It was moved, G. Spalinger and seconded, M. Dolph to acknowledge receipt of the financial report. The motion carried unanimously. V. Approval of Minutes. G. Spalinger moved to approve the minutes submitted for meetings held December 27, 2005, March 17, and March 30, 2006. The motion was seconded by M. Dolph. Minor corrections were made to each set of minutes and the motion passed to approve all minutes as amended. VI. Visitor's Comments. None. VII. Old Business. A. Pager Purchase. B. Himes stated that he had received a written price quote from COMTEC for the necessary pagers. He said he'd discussed the matter with Dave Conrad, of Women's Bay Fire Department (WBFD), and was recommended to go through Aksala (local vendor) for the pager purchase. The benefits of purchasing from the local vendor are: any problems with the pagers would be fixed quickly and programming changes could be performed immediately. The total price of the purchase is estimated at $4,710, Bayside's portion being $2,355. C. \ \Dove \Departments \EF\Service Dislricts\Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006\Minutes 18 April 06.doc mna Davidson moved to purchase 5 Motorola pagers from Aksala in the amount;:'.`of $2 ;1355 contingent upon the WBFD staff making their half of the urchase. The motion was seconded by G. Spalinger ,and carTi.e6 u animously by the Board. __„ ........_........._.__,.... B. Copier Replacement. B. Himes reported he'd discovered that Xerox will no longer provide a multi -year agreement with purchases. S. Arndt spoke with Gordon Laskie regarding copiers and was encouraged to look at All -in -One LaserJet printers. He found that HP has one for a base price of $699. However, he told the Board that KIBSD was going out to bid on copiers and printers, and per Gregg Hacker (KIBSD) it would be possible for the Board to buy under the established contract through the School District. The contract would be determined sometime in May 2006. M. Dolph asked if KIBSD was looking into similar copiers. His concern was that the larger copy machines had better stamina than the A11 -in -One printers; they were made to handle more activity and larger quantities. G. Spalinger raised the question whether Board and Fire Department personnel were the only ones who used the current machine. B. Himes responded that only on an emergency basis does anyone else use the copier. C. Davidson asked the Board if there was a need to purchase a computer driven copier and M. Dolph responded that the advantage would be to generate first generation copies. B. Himes discussed the advantage of having document feed and collation capabilities, dual -side copying, and the disadvantages of using copiers with the type of ink cartridge that allows the ink to dry up when not in use. S. Arndt recommended to the Board that they wait to make a decision until the outcome was determined for the KIBSD contract. Other items that were discussed briefly were: the price quotes provided to B. Himes (which were good for 30 days with no expectation of price changes), local maintenance availability, quantity of required purchase, and that the Board is allowed to purchase any copier they feel would be most advantageous. No issues were raised during this discussion and it was agreed by the Board that a final decision would be postponed until the following Board meeting, to be held 16 May 2006. C. ISO Rating. The Board was alerted by B. Himes, that there was a hold up on the ISO rating, due to the delay of flow testing and flushing of the hydrants. It was conveyed to him that the City would no longer be testing Fire District hydrants. B. Himes' present plan was to meet with various volunteers, to establish a group that could test the hydrants \ \Dove \Departments \EF\Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 18 April 06.doc on weekends. He said he would check with Mark Kozak (City Public Works) to determine if this would be allowed and would make out a list of the potential hydrants to be tested (he mentioned a problem area on Peninsula Drive). However, he was positive that they would receive a rating soon after these requirements were met. VIII. Chief's Report. B. Himes told the Board that 3 fires were held in the burn building so far and that the building works good. He said the volunteers were having fun training in the facility. He reported, at this time there were no problems or issues with the neighbors regarding smoke generated from the building. Dick Carstens commented that the younger volunteers were having a very good time using the burn building during training. They were able to actually feel the heat and steam from the fire and that the exercises help during real fire fighting. He was impressed with the safety and set up of the facility. IX. Chair's Report. The Chair reported that the dozer had been moved from the Department property to Lee Russell's property in order to remove fluids and to be shipped off island for scrap. M. Dolph inquired about the status of the Cossette property lease /easement. The Chair responded that B. Cassidy was to come out with the Borough Manager to inspect the property however, both were out of town. This matter would be handled as soon as possible. X. New Business. A. Draft Engine Specs. Copies of the draft Engine Specifications were reported to be mailed out Wednesday, April 12, 2006. G. Spalinger and C. Davidson confirmed they had received their copies. The goal was to collect input from applicable personnel and to make necessary changes to the specifications. One addition was noted, to provide one week of training for the Department mechanic. This was proposed to be completed at the time of final inspection of the new apparatus. B. Training Building Use Agreement. A use agreement was passed out for approval by the Board. This agreement is provided for the use of the Training /Burn Building. A copy was provided to the City of Kodiak Fire and Police Departments and the Coast Guard Fire Department. M. Dolph suggested providing a contact number for the person in charge of the building at the time it is being used, whether that is the Chief or another officer of \ \Dove \Departments \EF\Service Districts\Fire Protection Area No. I Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 18 April 06.doc the Department. His concern was that someone should be in charge of deciding safe weather conditions while using the facility. C. Davidson inquired if the Board should run the agreement past the Borough Legal staff for approval, before distributing to others. S. Arndt agreed and mentioned that the agreement must be approved by the Borough Manager as well. In the interim, it was decided that only those affiliated with the Bayside Fire Department were authorized to use the facility. C. Davidson asked that return of approval be expedited so that those waiting to use the facility would be able to do so sooner. It was recommended to postpone adopting the agreement until the approval process had been handled and return to the matter on the meeting of 16 May 2006. C. Recommendation of New Board Member. Three applications were received for the position of the vacant seat. The only applicant to attend the meeting was Andrew DeVries. Among his application, were also those of Dave Davis and Rebecca Nelson. When interviewed by the Board, A. DeVries stated that his intention was to support the community. He was presently a member of the Coast Guard Fire Department, had been employed by the City Fire Department and also served as a volunteer for Bayside Fire Department. He mentioned that he was currently serving as Secretary of the Monashka Bay Road Service Area and that he lived in the Fire Protection District, on Devil's Prong Road. He stated he intended to run for the seat during the 2006 fall elections. The Board held a vote for the vacant seat and the result was, Andrew DeVries 3 -1. A recommendation to the Assembly would be made during the Public meeting of 4 May 2006. J. Kepley was directed to provide a memo to the Clerk's office stating the results of the vote and the recommendation to be made to the Assembly. XI. Board Comments. S. Arndt. None. C. Davidson. Commended the Secretary on the Minutes being taken for the Board meetings. He also stated the clearing of the Department property was scheduled to be completed by June. He asked that the contractor be notified that there is not supposed to be burning done on the property. \ \ Dove \Departments \EFService Districts \Fire Protection Area No. I Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2006\Minutes 18 April 06.doc S. Arndt alerted the Board that there is no longer a burn pile at the Landfill, most of the burnable debris was being hauled off the property, but B. Cassidy had given the contractor permission to burn some of the debris on the property. G. Spalinger asked if that permission could be overridden by the Board. S. Arndt told him that B. Cassidy had the final say; but he did recommend that the contractor take debris out to Reed Oswalt's and perhaps a negotiation could be established. M. Dolph. Asked that minutes and agendas of meetings be provided a week before the next scheduled meeting. XII. Meeting Schedule. The next regular meeting was scheduled for 16 May 2006 at 7:30p.m. XIII. Adjournment. The meeting adjourned at 9:00p.m. Respectfully submitted: Je'ic. K -.ley, Secretary K B' Engineering /Facilities Dept. Approved by: Date: ® Wale 510, Date: 6--.29-.2006 Scott Arndt, Chair Fire Protection District No. 1 Board \ \Dove \Departments\EF\Service Districts \Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes \Mtg Minutes 2006 \Minutes 18 April 06.doc KODIAK ISLAND BOROUGH Th JE C IE Q W LE PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 19, 2006 _ MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on April 19, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Present Excused Absent Others Present Jerrol Friend — Chair X David King X Casey Janz X Gary Carver X Dennis McMuny Brent Watkins X Gary Juenger X P & Z Meeting Minutes X MAY 3 1 2006 Mary Ogle, Director Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED 6 -0. 1V. APPROVAL OF MINUTES COMMISSIONER CARVER MOVED TO APPROVE the March 15 minutes with the corrections of COMMISSIONER JUENGER expressed concerns over the steepness of the slope in the proposed subdivision and concerns over slope stability regarding Case S06 -012. COMMISSIONER CARVER expressed similar concerns, and mentioned that he has been following a recent case in Sitka where landslide caused damage to homes and litigation may be directed at the Borough. COMMISSIONER KING SECONDED the motion, and it CARRIED 6 -0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A. Case S06 -014. Request a preliminary; approval, in accordance with KIBC 16.40, of the subdivision of Tract 0, Russian Creek Alaska Subdivision creating Panamaroff Creek Estates, Lots 1 thru 4, U.S. Survey 2539. Location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B- Business. April 19, 2006 Page 1 of 8 BOROUGH CLERK'S OFFICE P & Z Meeting Minutes Staff reported (10) public hearing notices were distributed for this case on March 6, 2006. Staff recommends this plat be returned to the petitioner for additional information regarding zoning issues as they relate to the provided ADEC compliance issues and the Army Corp approval. If you chose, you can approve it with a list of conditions to clarify some of these outstanding issues which are included in your report. The appropriate motion, as far as staff's recommendation, is; Move to postpone action on Case S06 -014 and retum the plat to subdivider, in order to provide additional information about onsite wells and septic systems in support of commercial uses and whether the buffer area along Panamaroff Creek may be used for parking and other outstanding issues. COMMISSIONER CARVER MOVED TO POSTPONE action on Case S06- 014 and return the plat to the subdivider in order to provide additional information about onsite wells and septic systems in support of commercial uses and whether the buffer area along Panamaroff Creek may be used for parking or any other uses. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Lonnie White stated he lives adjacent to this area. He also did a subdivision where there was a 10 ft. easement surrounding the salmon stream, and he wants to make sure any decisions made on this stream is consistent. Historically, there was a committee in Bells Flats that they decided the area should be Business zoned because of the water table. They were concerned about getting good water and septic systems in the area, and it is low laying area not far away from where the tsunami came into in 64'. It came up to not 200 yards from this area. Chris Lynch stated she is the agent for Mr. Gondek, and their goal in this proposal is to have four residential lots. They began this process about three years ago and at that time staff recommended they go through the subdivision portion before they attempted a rezone. Two months ago when they submitted their proposal they had mentioned to staff that was their goal and they were instructed to apply for a rezone prior to /or after they submitted the subdivision. The submittal included an engineering review of the property that does indicate that a septic system on each of the four lots is possible. They have been through two years of permitting with the Army Corp of Engineers to make sure all the wetland requirements and all the proper specs from the creek are met. The habitat people have been out there and there are salmon in the stream. The Corp of Engineers permit dictated the size of footprint for the buildings that could be put on there. They started with a lot more lots than what they ended up with just to accommodate and make it a usable site instead of just being a developer to make money. COMMISSIONER FRIEND asked Lynch if the reports from the Army Corp of Engineers on the septic were for Residential and not Business? Lynch stated yes, it was for Residential. The Corp of Engineering permit was separate from the engineering study for wells and septic. Just because the water table is high doesn't mean you can't put a septic in. There can be mound systems to address the water table issue. Lynch said she did well surveys in the area and April 19, 2006 Page 2 of 8 The question was called, and it CARRIED 6 -0. COMMISSIONER KING MOVED TO INITIATE the rezone of Tract 0 from B- Business to RR1 and be advertised and presented at the May meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6 -0. (The question was not called for the original motion.) B) Case 06 -010. Request for a rezone, in accordance with KIBC 17.72.030, 17.72.030C, 17.72, 17.18, and 17.21, of Lot 26B U.S. Survey 3098, from RR1- Rural Residential One to B- Business. Location is 2316 Mill Bay Rd, U.S. Survey 3098, Lot 26B and is zoned RR1 -Rural Residential One. Staff stated that at the last meeting there was question as to the existing zoning. Staff has spent a significant amount of time researching past zoning ordinances over the past several decades and zoning maps. They have deemed, based on legal documentation, that the property is truly zoned RR1. When they have an incidence like this, legal precedence goes to ordinances that are approved at Assembly level that changes zoning. Sometimes there's a conflict between zoning maps and zoning ordinances so legal precedence goes to the ordinances. Staff re- advertised and re -ran the legal ad and now it is before the commission. Based on the Comprehensive Plan for the area staff is recommending the Commission finds this rezone request does not meet the standards for approval under KIBC 17.72.030 C and should the Commission agree move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RR1 to B- Business. P & Z Meeting Minutes has done surveys in Bells Flats for years and the wells in the area seem to be producing water. COMMISSIONER FRIEND asked if she had a fill permit. Lynch stated yes, they do have a fill permit from the Corp and it is very specific. The footprints were called out, they had to give cubic yardages of material, they had to be certain distances away from the salmon streams. She feels it should be a condition of approval to follow the Corp permit. COMMISSIONER FRIEND asked if they gave easements on the stream sides. Lynch said when you have commercial property it is a 50 ft. buffer on both sides of the stream and when it's residential you don't have to have the buffer, but because the wetland delineation that was done and because of the footprint and the fill that was established there is a 50 ft. buffer. The footprint for each lot is 100 x 100. Public hearing closed: Regular session open: Discussion of this case. COMMISSIONER CARVER MOVED TO AMEND the motion to read to re- advertise as the subdivision of RR1 lots. COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RRI- April 19, 2006 Page 3 of 8 Single Family Residential to B- Business Zoning District. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: William Bacus stated the last time he was there everyone wanted to know what he was going to do with the lot, so he said he wants to sell it. He thinks it is a good opportunity to rezone it to Business. Bacus also said all of Mill Bay Road will be Business zoned in the near future. Ken Damn said he works for Associated Island Brokers and he is representing William Bacus on helping him to sell the property. Bacus does have a buyer if it can be rezoned as Business. He doesn't know what the person plans on doing with the property, but he strongly recommends rezoning it to Business. .He was told Mrs. Hall went in to ask for her property be rezoned to Business and was told she didn't have to worry about it because it was probably going to happen anyway and was sent away. Someone should call her to see if that is true because if she does want to rezone it would have helped our case to have her with us, and not sent away. Please vote to rezone this property. COMMISSIONER JUENGER said there is a question about the access. It looks like you go in the school parking lot to get to the back, presumably through the lot itself to get to the back. Ken Damn said Bill is a dirt contractor and he can put a road along side the building. The church has a metal building stored on the backside of the Bacus lot and it has been jointly used by the church and Bacus. The church has also been looking to buy the property. Public hearing closed: Regular session opened: The Commission discussed different aspects of the case. The question was called on the main motion, and CARRIED 6 -0. COMMISSIONER CARVER MOVED TO POSTPONE Findings of Fact until the May 17 regular meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. C) Case 06 -012. Request a rezone, in accordance with KIBC 17.13, 17.27, 17.72, 17.72.030, and 17.72.030.C, of Lot 1, Sawmill Subdivision from C- Conservation to LI -Light Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, and it is zoned C- Conservation. Staff reported this case was continued from the last meeting because of inadequate adjoining property owner notification that has now been remedied. Staff recommends the Commission forward this request with a recommendation for approval. COMMISSIONER WATKINS MOVED TO FORWARD Case 06 -012 to Kodiak Island Borough Assembly with a recommendation to approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C- Conservation to LI -Light Industrial P & Z Meeting Minutes April 19, 2006 Page 4 of 8 P & Z Meeting Minutes and to adopt the findings contained in the staff report dated February 16, 2006 as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened Paul Zimmer said he and his wife own the lot closest to the sawmill, and they oppose the rezone. They are concerned about the increased noise and activity from the increased activity that would be allowed with the Light Industrial zoning. There are a lot of construction debris, tires, and rusted metal that was pushed off to the sides of the lots up against the trees. They are concerned about what is in there and how it will affect the water supply and wells. A few years ago, they had their water tested and it came back with traces of zylene and styrene. They're mainly concerned with increased activity and noise, and any contamination to the ground water that might affect their water supply. Doug Pengilly ,who lives at 2063 Island Circle, said he has been to several zoning meetings concerning this property. He feels this case should be postponed because it hasn't been given sufficient public notice. If you won't postpone it, I would ask you to not approve this request. If this is what it is under Conservation, then what's it going to be like under Light Industrial. When it becomes a dumping ground it doesn't serve anyone out here. It scares them because they have wells. They bought their property there because of the Conservation zoning, and ever since they have been fighting to keep it that way. I have read up on Light Industrial and it is pretty scary. Tia Leber, who lives at 2000 Ridge Circle, said Paul and herself are the property owners that adjoin the sawmill property. She said there is an error in the March 15, 2006 memorandum on Page 2 of 8, #4 Surrounding Land Use and Zoning. They are to the north of the property and the Sanitary Landfill is to the south. She also stated she is coming from an environmental toxicologist background, and she's very concerned about the water quality there. The property is up gradient of a former lakebed which is feeder for the wells. The Borough tested the wells when Mark Withrow was the service district chairman, and he shared maps and well water quality tests results with her. There wasn't enough information on the organics so she had testing done by National Lab that the EPA uses that showed traces of zylene and styrene, which are degreasing solvents, plasticizers, and things that shouldn't be in drinking water. They're not at high levels, but they were detected. Lieber said her and her husband walked around the property yesterday, and they're concerned about all the empty 55 gallon drums that are labeled hydraulic fluid, gas, and motor oil. Mary Sundberg, her neighbor, had recalled a trailer fire that the Fire Dept. came to fight but there was no water to fight it with, they had to provide their own water. Leber showed pictures of the fill used on the sawmill property that consisted of lumber, stumps, tires, and a lot of dry materials which are pushed up against the trees. She then spoke of the fire dangers from using those things and the barrels as fill. If there is a fire it will be very serious because there isn't water to fight it. It is quite the junkyard with the rusted drums and old trailers. If this is what they do under Conservation zoning April 19, 2006 Page 5 of 8 P & Z Meeting 'Minutes then they would hate to see what they will do under Light Industrial zoning. They are against the rezone. Chris Lynch spoke supporting the rezone and stated the property is down gradient in regards to the water flow. Lynch showed WWII pictures of the area. She said the old lake is now a saturated meadow. Mary Sunberg called in. She lives on Marmot Drive, Lot 8, Block 2, Island Vista - Subdivision. She and her husband oppose the rezone. In the past, they have tried to have it rezoned. It is suppose to be Conservation. About two years ago there was a fire that required every fire truck in Kodiak and Bells Flats. There isn't any water to use to fight the fire with, just what was in the fire trucks. If there had been any wind it would have taken the whole neighborhood out, and so they are very opposed to the rezone. Jeannie Dennis called to say she had called in at the last meeting for this case. She has the same concerns as everyone who has spoke regarding this case, but her main concern is the noise, and the traffic has already increased quite a bit. They would like to keep their nice and quiet environment. She also feels the public should have more time to get more facts and to present their case. Chris Lynch stated she is the agent for Mr. Oswalt, and the reason he is applying for this rezone is to bring this property more in line with recommendations of the Comprehensive Plan and the intended uses of this property in the future. This rezone would change the Conditional Use to a Permitted Use, which is more in line with what's going out there. He is intending to use the filled area as outside storage, and he is working with Community Development staff to fill the area. The water tests are part of the record, and the Landfill takes water tests also. Tia Leber said the reason they had their own tests done is the water testing that is on record addresses mostly aesthetics, conductivity, and turbidity. There are some tests of herbicides and pesticides which isn't appropriate to be testing in a non- agricultural community. The testing the Borough had done was not adequate from a toxicology standpoint. Frank Fish, who lives at 2037 Island Circle just south of Marmot Drive, called to say that from his front yard he can see across the meadow. He stated he just found out at 6:45 tonight there was going to be a public hearing on this and would like this case to be postponed or denied because he has seen some of the stuff that has been hauled into the lot. Dave and Mary Sunberg said there is a bunch of garbage going into the fill, and it is not good stuff. Charles Davidson, who owns property on Marmot Drive, stated he's at the other end of the lakebed that's being filled, and he hasn't been notified. He would like this rezone to be postponed until all parties that are going to be affected are notified. Davies also feels that it could drastically affect the quality of his property. He knows the water is supposed to flow that way, but sometimes in high water it might flow the other way. Ogle stated this was heard at the last meeting and the notification areas was 250 ft. Staff felt it wasn't appropriate because of all the public lands that surround the property. It didn't capture independent, private property owners so we expanded it April 19, 2006 Page 6 of 8 X. REPORTS P & Z Meeting Minutes to 500 ft and it captured two additional property owners. If you wish you have the option to expand the area even more. The ordinance establishes a minimum notification area, but she wanted to make it clear they met the code. Public hearing closed: Regular session opened: The Commission discussed the issues and it was the general consensus the Commission would like more information based on what they have heard at tonight's meeting. They would like all existing packet material for this case put in next months packets. They're also requesting a map that shows all of Marmot Drive, and something that shows the hydrology so they can see where the lake is and how the surface and ground water move there. COMMISSIONER CARVER MOVED TO AMEND the motion on the floor to postpone this case until they receive further clarification including the items they have discussed here. COMMISSIONER JUENGER SECONDED the motion. COMMISSIONER WATKINS stated expanding the notification area The question was called, and the amendment CARRIES 6 -0. COMMISSIONER WATKINGS MOVED TO ADD A SECOND AMENDMENT to the motion to expand the notification area to include property owners on Marmot Drive and its tributaries. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6 -0. The question was called on the main motion, and it CARRIED 6 -0. VII. OLD BUSINESS There was no old business. VIII NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as presented. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6 -0. Ogle stated the Comprehensive Plan consultants; Cogan Owen Cogan, who had a second consulting group, the McDowell Group completed surveys throughout the community and villages over the weekend. Ogle thanked anyone who participated in the surveys. The Coastal Management Plan was sent to the State and they have rejected a number of our enforceable policies in Chapter 5 that we could enforce on a local level. They said we don't have the authority, and that State law adequately covers said subject. A lot of them have to do with regulations for streams and anadromous streams. There are already regulations that cover those topics. With discussion with the consultants, the argument is that we feel that State or Federal laws don't address them at the level of our local enforceable policies. Similar situations are happening with other coastal communities, as well as a number of their enforceable policies being rejected. Now she is in discussions with the consultants and anticipate coming back to the commission and Assembly to seek April 19, 2006 Page 7 of 8 direction as to whether or not to go into mediation about those policies, and to get the powers at be involved to determine if the State law adequately supports them or not. Ogle also said she has not heard back from the Borough attomey regarding his review of the Transient Accommodation issues with the residential family recreational lodge compound setting idea, whether or not that can meet zoning laws. As soon as she receives it, it will be put back on the agenda and hopefully get it approved and moved on. Ogle also stated the May clean-up is coming up and she encouraged everyone to participate. Meeting schedule: • May 10, 2006 work session at 7:30 p.m. in the KIB conference room. • May 17, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. COMMISSIONER JANZ MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 6 -0. XI. AUDIENCE COMMENTS XII. COMMISSIONER COMMENTS Jerrol Friend thanked Mary for being here by herself. Gary Juenger thanked staff for pulling double duty. VI. ADJOURNMENT ATTEST Charles Davidson stated that he appreciates everything that the Commission has done.He think they will be hearing from more people on this. CHAIR FRIEND ADJOURNED the regular meeting at 8:45 p.m. BY: S ri e i o n K r ) Sheila Smith, Secretary Community Development Department DATE APPROVED: May 17, 2006 P & Z Meeting Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION '' ■ ce Cnc.�r B b c Jerrol Friend, Chair April 19, 2006 Page 8 of 8 Service Area No. 1 Board Regular Meeting Minutes 7 March 2006 at 7:00 p.m. Bayside Fire Hall A. Call to Order Chairperson Ed Mahoney called the meeting to order at 7:OOpm. B. Roll Call Present were Board Members Sharon Lea Adinolfi, Charlie Lorenson, Ed Mahoney, Greg Spalinger and Dennis Symmons. Absent members were Kevin Arndt and Scott Arndt. Jessica Kepley, recording secretary was also present. C. Public Comments None. D. Approval of Agenda It was moved, G. Spalinger, and seconded, C. Lorenson, to amend the Agenda to include Approval of Minutes. The motion carried unanimously and the Agenda was approved as amended. E. Approval of Minutes It was moved, C. Lorenson, and seconded, SL. Adinolfi, to approve the Minutes [8 February 2006] as presented. There was a unanimous affirmative voice vote. F. Chair Report The Chair reported that Brechan had been called and cold patch would be applied to the potholes on Selief Lane. Jasha Zbitnoff would be back in town and they would work on replacing the fallen signs in the service district. Tim Hurley had been contacted and would handle the survey of the drainage issue on Shahafka Circle. There would be a team effort to solve this issue, including Bud Cassidy, the Borough Manager and the Service District Board. \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 7 Mar 2006.doc Page 1 of 4 G. Public Hearing 1. FY07.Budget Discussion - The Chair relayed to the Board that approximately $16K worth of invoices had been received from Brechan. He questioned whether that would leave a surplus of funds in the Road Maintenance portion of the budget. After a brief discussion with the Board it was decided that unless there was a great amount of additional snow removal to be done for the remainder of the year, there was a possibility of a surplus of funds in the budget [FY2006]. Approval of the proposed budget for FY2007 including a ' Mil rate increase was moved, G. Spalinger and seconded, C. Lorenson. The budget will be recommended to the Assembly. A brief discussion regarding the mil rate increase was held. It was commented that as the service district community expands it would be possible to lower the mil rate later. One of the benefits of paving Woodland Acres, would be less of an expense to maintain throughout the summer months. This would assist in balancing out the budget in the future. H. Old Business 1. Sharatin Road Update on Sewer /Water Project was postponed due to B. Cassidy's absence. 2. Update on ROW off Spruce Cape to Powell was held briefly regarding the owners of Cape Road who have been receiving road easement leading to their property. It maintenance should continue for these property owners. I. New Business Property: Discussion property off Spruce maintenance on the was asked if the [In continuation of the discussion re the Properties along Spruce Cape, taxes not being paid.] According to SL. Adinolfi an ordinance in 1997 exempted a portion of property owners from paying taxes because their parcels accessed a State road. It was agreed by the Board that those that are not presently paying taxes should not be receiving road maintenance. The Board presently concurred however, on not charging a retroactive fee for the maintenance from the first of the year, due to the upcoming increase in the mil rate. The Board as a whole felt \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 7 Mar 2006.doc Page 2 of 4 that all those living in the Service District should be paying taxes, whether their properties were accessed by a State road or not. The fact remains that all those living in the Service District use the Service District roads and therefore should be obligated to pay Borough taxes for the maintenance of said roads. C. Lorenson questioned where the ordinance had originated that stated the property owners were not liable to pay Borough taxes. E. Mahoney felt that it was unfair for some to be "relieved of paying taxes while others were stuck carrying the burden" for those exempt. He told the Board that he had contacted Juneau, Kenai, Fairbanks and Sitka service districts and they all said that those in their districts pay taxes whether they are on State roads or not. SL. Adinolfi suggested that E. Mahoney contact his counterparts on the other 3 road service Boards to find out if there are similar situations in their service areas. C. Lorenson recommended that all service district Boards get together to hold a joint work session since everyone is affected. The meeting continued with a discussion regarding the combining of all Service Area Boards under the jurisdiction of Fire Protection Area No #1. It was suggested that those districts that have minimal money may want to merge together under one district in order to receive equitable maintenance for their roads. The areas that were of interest were Monashka Bay and Bayview Service Areas. SL. Adinolfi stated that when taking road maintenance calls for the borough the worst calls came from the Monashka Bay and Womens Bay communities. J. Board Comments SL. Adinolfi. None. C. Lorensen. None. E. Mahoney. Recommended fixing any trees that may be causing liabilities for the service district. G. Spalinger. Suggested riding with the grader operators on occasions. D. Symmons. Volunteered his time for duties during the times in between meetings. \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 7 Mar 2006.doc Page 3 of 4 K. Adjournment There being no further business before the Board, the meeting was adjourned at 8:05pm. Respectfully submitted: IL MS Je .1 a / ep ey, Secretary KI. /Engineering /Facilities Dept. Approved by: Ed Met honey, Cam' r Sgrvice Are _ /1 o. 1 Board Date: 4- /cri/ Le Date: 5 / \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 7 Mar 2006.doc Page 4 of 4 C. Public Comments None. D. Approval of Agenda E. Approval of Minutes Service Area "No. 1 Board Regular Meeting Minutes 25 April 2006 at 7:30 p.m. Bayside Fire Hall F. Chair Report Chair report was conjoined with Old Business. G. Old Business li MAY 2 5 2006 D BOROUGH CLERK'S OFFICE A. Call to Order Chairperson Ed Mahoney called the meeting to order at 7:35p.m. B. Roll Call Present were Board Members Sharon Lea Adinolfi, Kevin Arndt, Charlie Lorenson, Ed Mahoney, and Greg Spalinger. Absent members were Scott Arndt and Dennis Symmons. Jessica Kepley, recording secretary was also present. It was moved, G. Spalinger, and seconded, C. Lorenson, to approve the Agenda. There was a unanimous affirmative voice vote. SL. Adinolfi asked that corrections be made to the minutes of 7 March 2006. The words "adjacent" and "abutted" (Section I -New Business; Paragraph 1) were replaced with the word "access" to correctly define road /property requirements. It was moved, G. Spalinger and seconded, C. Lorenson to approve the minutes as amended. The motion passed unanimously. 1. The Board discussed a memo provided by Bud Cassidy- Director of Engineering and Facilities- regarding the Design work being \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 25 April 2006.doc Page 1 of 5 done on Sharatin, Perenosa, and Tugidak roads. The memo provided an outline of the City of Kodiak's summer schedule pertaining to the three roads. ' was presumed, according to the outline, that the engineering phase would be completed this summer; however the actual road work phase would not be accomplished until the summer of 2007, at the earliest. The Chair asked the Board for direction to either hold off on or proceed with putting new D -1 on the aforementioned streets. It was commented that if the Board directed for additional D -1 to be placed on the roads, there was a possibility it would have to be redone once the road work was accomplished. It was agreed by the Board to continue maintaining the roads throughout the summer, but they would wait until a future date to place the D -1 on the roads. C. Lorenson asked that the Chair look into asking for D -1 and Calcium Chloride to be applied to Sharatin, due to the condition that it was presently in. The Chair gave an update concerning the Larsen's property on Sharatin Way. In the past, the Board had discussed problems with the water drainage from the apartments onto the main road. It was reported that some progress has been made on the issue. The Brechan operator, at E. Mahoney's direction, carved out a portion of the driveway in order to alleviate some of the drainage problem. The Chair also spoke to the Building Permit office personnel to regulate work done on the driveways in that area. It was decided to ask B. Cassidy for a letter to the Larsens explaining the Borough's stand on the drainage issue and ask for rectification on the matter. 2. E. Mahoney gave a recap on the matter of property owners who are not paying taxes in the Service District, yet still not only use the roads but also live in the district. He mentioned that he spoke with a number of other communities in the State and found that Kodiak is the exception on this issue. All other boroughs or municipalities do not distinguish between property owners and feel that if one resides in the District, that property owner must pay the applicable taxes. K. Arndt interjected with his feeling, that if a person lives in the Service District, they must pay the appropriate taxes; but if they don't live in the District they don't pay the taxes. E. Mahoney disclosed he had brought up the issue with members of the Borough Assembly, requesting direction to take on this matter, and was told the Assembly would like to see the financial numbers that supported the Board's findings. Karl Short, Borough Finance Director, had been contacted and was asked to provide the correct figures to the Chair, to pass onto the Assembly, as requested. It was stated that taxes from the \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 25 April 2006.doc Page 2 of 5 Service District made up 25% of the annual budget. The Assembly also recommended that E. Mahoney contact the other Chairs of the local boards and have a combined meeting relating to this subject. The Board agreed with the Assembly and directed the Chair to pursue getting all the district boards together to hold the recommended meeting. E. Mahoney was preparing to do so. The Board members, as in other recent meetings, discussed the idea of abolishing the road service districts that could not carry their own weight. The idea was to decrease the liability to the Borough, by eliminating service areas that did not have the financial stability to handle certain issues. C. Lorenson stated that Service District No. 1 did not include Bayview Service Area in the past because that area did not have City water and sewer powers, but since those powers no longer existed, it would make sense to attempt to include that service area within Service District No. 1. K. Arndt interjected with the opinion that because of a possible increase of taxation that the Bayview Service Area Board would disagree with this suggestion. G. Spalinger felt once the roads in the Bayview Service Area were paved, it was possible they would want Service District No. 1 to take over possession and maintenance of those roads. It was mentioned, if all the Boards were in concurrence to combine the service areas under one board, the appropriate procedure would be to draft a Repeal Ordinance, put it on the agenda for a work session to then go before the Assembly. It was suggested that if something of this nature should occur in the future, there was a possibility of a mil rate decrease for the areas. 3. The next item to address was the replacing of road signs within the Service District. E. Mahoney passed out a list of the numerous signs in the District that were missing, for the review of the Board. It was noted that any of the roads in the Service District that meet State roads, fall under the State's responsibility and a list of those signs should be passed onto Rob Greene with the ADOT. The process of replacing the signs would be commenced and Board members were encouraged to add to the list any additional signs they felt should be replaced. 4. The Chair reported that he had met with Tim Hurley on the Shahafka drainage project to determine the best route to take to establishing an easement to rectify the drainage problem affecting the properties in question. The report included input from one of the property owners, Judy Fulp, who met with E. Mahoney and Tim Hurley during their inspection. The subject was \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 25 April 2006.doc Page 3 of 5 raised concerning the best way to direct the runoff, through a culvert as long as the natural drainage was not inhibited. E. Mahoney mentioned that inadequate drainage would cause flooding to occur to properties, especially on J. Fulp's property. K. Arndt stated the drainage easement may have to be established, funded, and maintained by the Borough, since the project does not necessarily fall under road maintenance and repair, but has to do with properties instead. It was the Board's decision to bring the information before B. Cassidy for his review and direction. At the time, Tim Hurley was on hold until further guidance was given. E. Mahoney commented that although they had determined where they initially wanted the easement to go, the area was not adequate for what they had originally proposed to do. However, the situation is worsening and must be handled soon. H. New Business. None. 1. Board Comments SL. Adinolfi. None. K. Arndt. Reported that Jasha Zbitnoff is scheduled to start patching the potholes on Selief Lane (Borough portion); also, that "L" Street was in bad shape and should be addressed. C. Lorensen. Asked that it be considered to apply calcium chloride to roads in the District. E. Mahoney. Disclosed that 3 attempts had recently been made to apply calcium chloride to the roads, however weather conditions inhibited the application. Calcium chloride was scheduled to be placed in the near future, again, weather permitting. He said with some of Brechan's personnel being out of town, the cold patch repair to Selief Lane was going to be postponed for the time being, but Brechan was aware of the need to make the repairs. Brechan would also be notified to begin replacing the missing street signs. G. Spalinger. Reported he'd heard that new assessments on property /houses - -in the District - -were going to be performed during the next two years. He mentioned that this could be a solution to future annual budgets, as there is to be a reported $5,000,000 increase in assessments. J. Adjournment \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 25 April 2006.doc Page 4 of 5 There being no further business before the Board, the meeting was adjourned at 8:30p.m. Respectfully submitted: I Je Ik'Engineering /Facilities Dept. Approved by: Ed Mahon Servic ey, Secretary oard Date: 4 4 7 0 Date: .2y, c94 \ \Dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2006 \Minutes 25 April 2006.doc Page 5 of 5 Minutes of the Bayview Drive Service District Board of 5/24/06 The meeting was called to order at 5:12 P.M. at Bayside Coffee. Present were Reed Oswalt, Chairman, Jim Schauff, and Dawn Lea Black. Reed said that he and Jim filled the potholed with left -over gravel from graveling the road during this last winter. Andrew (Andy) Teuber who lives next door to Rick Baker has petitioned to be on Bayview Drive S. D. Board seeing as the previous Board member, Gayle Hagemeyer has resigned and temporarily moved to Nome. Reed called for a voice vote of those present on whether the present Board members wished to approve the petition of Mr. Teuber to be on the Board. The vote was unanimously in favor of accepting Mr. Teuber's petition. Reed said that at the request of Dawn Lea, he would speak to the Yovinos about the removal of the junk truck they have dumped on the side of Bayview Drive. The meeting was adjourned at 5:30 P.M. D)ECEOW/lE JUN - 5 2006 J BOROUGH CLERK'S OFFICE Committee Members Present Absent Excused Others Present Mike Anderson X Mary Ogle Tom Abell X Community Development Gary Carver X Dave King X Bill Oliver X Melvin Squartsoff X Andy Teuber X Thomas Trosvig X Gene Anderson X Howard Weston X ROLL CALL KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMIT' REGULAR MEETING - FEBRUARY 6 MINUTES A quorum was established. APPROVAL OF AGENDA Gravel Task Force Minutes February 6, 2006 D 20 ECEOV Hai!, JUN X' 2006 06 BOROUGH CLERK'S OFFICE CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:40 p.m. by VICE CHAIR CARVER ON February 6, 2006 in the KIB conference room. COMMITTEE MEMBER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER ANDERSON, and it CARRIED 5 -0. APPROVAL OF MINUTES COMMITTEE MEMBER TEUBER MOVED TO APPROVE the minutes from January 9, 2006 as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 5 -0. OLD BUSINESS A. Discussion on ownership and zoning of potential material sources and sites. Ogle stated she brought the map showing the ownership and zoning of sites. She went on to say they are all zoned Conservation. A discussion of the sites. NEW BUSINESS A. Discussion of Salonie Creek sampling funds. Ogle stated she had spoken with Karl Short, Finance Director, and he said there never was any money, but he thinks there is a dedicated fund of money for the management and preparation of Borough lands for disposal ABELL is going to request money for sampling from the Assembly. The Commission feels they should ask the Borough for $25,000 for the sampling. Page 1 of 2 A brief discussion of options. It was the consensus of the commission to submit an interim report to the Borough of the sites they've identified, the sites they want tested, and to expedite acquisition of the Coast Guard site. They would also like to explore Salonie Creek as the 2 " most favorite site which the Borough owns. Ogle stated Community Development will generate the report and have it ready for their review at the next meeting. Discussion on volume of rock. B. Discussion of Coast Guard divestiture. CARVER stated at the last meeting they discussed the Coast Guard property and they had agreed that it would be in the Borough's interest to aggressively explore acquisition of this property. OGLE said Bud Cassidy has sent formal letters to the Coast Guard stating that if they ever divest of this property the Borough is interested in it. It will depend on if it's a clean site. It just depends on how quickly and aggressively they follow through with the divestiture. Ogle has spoken to Terry Michalski of the Coast Guard and was told the Federal government has first option to buy, and then the State. If the State gets it then the Borough has made it clear in writing they are interested. Discussion of Coast Guard divestiture. It was the general consensus of the commission that this is the best site because of the quality of material, accessibility, and the lack of impacts. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: March 6, 2006 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:20 p.m. Shell t Smith, Secretary ` Community Development DT. artment DATE APPROVED: June 5, 2006 KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE BY: <ThPAoo Mary Ogle - Chair Gravel Task Force Minutes February 6, 2006 Page 2 of 2 Committee Members Present Absent Excused Others Present Mike Anderson X Mary Ogle Tom Abell X Community Development Gary Carver X Dave King X Bill Oliver X Melvin Squartsoff X Andy Teuber X Thomas Trosvig X Gene Anderson X Howard Weston X ROLL CALL KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMIT REGULAR MEETING -MAY 1, 20 MINUTES CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:40 p.m. by VICE CHAIR CARVER ON May 1, 2006 in the KIB conference room. A quorum was not established. Due to a lack of quorum, the meeting was not held. By: ATTES Sheila Smith, Secretary Community Development Department DATE APPROVED: June 5, 2006 Gravel Task Force Minutes May 1, 2006 ECIEOWE l9 % JUN PS 2006 BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE By e&Qn r'(1 l �1C i Mary Ogle - Chair Page 1 of 1 PLEDGE OF ALLEGIANCE Norm Wooten Scott Arndt Jordan Rodgers A quorum was established. ALSO PRESENT: MINUTES: KODIAK ISLAND BOROUGH SCHOOL DISTRIC Board of Education Regular Meeting — April 17, 2006 The Board of Education of the Kodiak Island Borough School District met in reiBOROkIGMCLERK'S OFFICE April 17, 2006, in the Borough Assembly Chambers. The meeting was broa. cas Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Roy Brown called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present: Jeff Stephan Roy Brown on Elizabeth Odell LCDR Virginia Cameron Betty Walters Dave Jones Jack Walsh Stewart McDonald Bill Watkins Jane Eisemann Marilyn Davidson Larry LeDoux Dan Carrasco Hank Overturf Laurie Busness Chris Aguirre Bob Tucker Barbara Bolson John Burnett Linda Freed Alan Schmitt Meri Holden Darcy Glagolich Ron Fried Heather Wheeler Karen Winkler Tamara Beardsley Randy Diocares Joseff Palo Vanna Souriyasong Kelvin Mahle Nitzia Loaiza Clieford Tamarra Ace Sumera Margaret Schmitt Johnathan Taan Mario Lucas Martivia Davison Rand Diocares Colette Upton Joan Burnett Caleb Burnett Katie Burnett Micah John Bumett Seth Burnett Marina Cummiskey Pete Cummiskey Heather Preece Samuel Cross Julie Cross Trooper Cross Marissa Schmeil Melissa Schmeil Tyler Schmeil Nancy Peters Gabby Peters Tom Emerson Mrs Emerson p C C WE MAY242006 The minutes of the Regular Meeting of March 27, 2006, were to be considered for approval and/or correction. SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 2 MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of March 27, 2006, as presented ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote. AMENDMENT TO THE AGENDA: MOTION SCOTT ARNDT moved to amend the agenda to add Executive Session for Negotiations to New Business as item number nine. ELIZABETH ODELL seconded the motion and it carried by a voice vote. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: 1. Community member and parent Martivia Davison addressed Board members regarding her request for a boundary exemption to allow her children to attend Chiniak School instead of Peterson Elementary School. She shared that the smaller class size offered at Chiniak would be beneficial to her children. The biggest obstacle is the transportation and she is requesting that Board members consider a waiver to allow her children bus transportation to Chiniak. CORRESPONDENCE: None PROGRAM/STAFF REPORTS: 1. Volunteers of the Month — Larsen Bay School staff are pleased to recognize Debbie Hill and Jennifer Moe as their Volunteers of the Month. Small Schools Principal Bill Watkins stepped up to the podium and shared that each month Jennifer and Debbie plan an activity that is exciting and educational for the students at Larsen Bay School. Many of their activities involve the community. Jennifer also volunteers two days a week during her lunch break to assist in the school's elementary physical education class. They are always there for the staff and students at Larsen Bay School. PRESENTED On behalf of the District, School Board President Roy Brown presented certificates of appreciation for Larsen Bay School Volunteers of the Month to Debbie Hill and Jennifer Moe. (Small Schools principal Bill Watkins accepted on their behalf.) SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 3 2. Signing Singers — Small Schools Principal Bill Watkins and Learning Center teacher Barbara Heinrichs introduced homeschool parent Colette Upton. Colette has a master's degree in sign language and has incorporated that into teaching beginning and advanced sign language to other homeschooling families, both children and adults. Colette shared that one of the concerns that many homeschool parents have is lack of socialization and interaction for their children. Sign language classes fulfill several objectives such as social interaction, learning a valuable skill, and encourage family time when students practice with family members. Colette, along with help from parent Joan Burnett, shared several signing songs. Students performing were: Caleb, Katie, Micah John and Seth Burnett, Marina Cummiskey, Samuel Cross and Marissa Schmeil. 3. Kodiak High School FCCLA Club Report — Kodiak High School teacher Darcy Glagolich, along with students Tamara Beardsley, Randy Diocares, Joseff Palo, Vanna Souriyasong, Kelvin Mahle, Nitzia Loaiza, Clieford Tamarra, Ace Sumera, Margaret Schmitt, Johnathan Taan, and Mario Lucas shared their experiences at the performance -based assessment conference they recently attended in Tennessee. Mrs. Glagolich shared that the students were professional and did an awesome job. 4. Website Update - Director of Career and Technical Education Chris Aguirre updated Board members on the current state of the new District website. He explained the website's management philosophy, as well as demonstrating the maneuverability and the ability to update the website from many locations. The new website will be informative and user friendly for the public. 5. Quality Schools /Quality Students (QS2) Update - Director of Curriculum and Staff Development Laurie Busness gave Board members an overview of the draft 2006 — 2008 QS2 plan. She shared that the plan will be at the May 8, 2006, Work Session for further review before going to the May 22, 2006, Regular Meeting for approval. She also apprised Board members of the upcoming Assets Festival April 28, 2006, from 6 — 9 p.m. and hoped that they could attend. 6. 2004/2005 Climate and Connectedness Survey Update — Association of Alaska School Boards representative Hank Overturf presented the data generated from the Climate and Connectedness Student and Staff Surveys administered during the spring of 2004/2005. He also discussed the relationship between an effective school climate and the connectedness felt by the students and staff in those schools. The survey showed that students in smaller schools gave higher marks in both categories. Elements of school climate were classroom management and clear, high expectations; connectedness measured whether students think they are safe in class, individually cared about by adults and treated with respect. SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 4 SUPERINTENDENT'S REPORT: 1. Superintendent Walters extended her appreciation to Tom Emerson for his many years of volunteering and mentoring Kodiak Island students. Tom assisted students in our Career Pathways program, including welding and marine science and technology aboard the K -Hi- C. Tom was also on the original Advisory Boards for both the welding program and the marine science and technology program PRESENTED Kodiak High School fisheries teacher Jane Eisemann presented Tom Emerson with an engraved ship's bell as a token of appreciation from the Kodiak High School Fisheries Department. 2. She also congratulated Kodiak Middle School student Aaron O'Gorman whose documentary film eamed national recognition and $500 when he was among seven third place winners in the C -SPAN contest. The contest rules required the documentaries focus on a political issue and incorporate C -SPAN programming. Aaron did a documentary titled, "How No Child Left Behind Affects Kodiak, Alaska." 3. She extended her congratulations to Naphtali Fields and Laura Ramey who represented Kodiak in the statewide "Poetry Out Loud" competition that was recently held in Juneau. Naphtali was the winner in the statewide competition and will be representing Alaska in Washington, D.C. 4. Superintendent Walters shared that recently Kodiak Daily Mirror, "Talk of the Chalk" asked students what woman inspired them the most. One young lady replied that East Elementary School teacher Mary Rietze was her inspiration and that she wants to be a teacher when she grows up. UNFINISHED BUSINESS: None NEW BUSINESS: 1. FY 07 School District Budget - Public Hearing — Board members held weekly work sessions from January through April 2006 to review sources of revenues to fund education, to discuss the budgets proposed by building and program administrators and to provide direction for administration in the budget development process. Board members reviewed each individual area of the budget in detail with building and site administrators. Board member Norm Wooten explained the process utilized by the Board in preparing the FY 07 Budget with the use of a PowerPoint presentation. Highlights of the presentation included: ♦ Board members reviewed each individual area of the budget in detail with building and site administrators. SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 5 • KIBSD General Fund Revenue per Student History reflects three sources of revenue depicting very little movement in federal revenue and a slight rise in state revenue with the Kodiak Island Borough having the largest increased revenue for education. ♦ Historical Cost of Living information from the U.S. Department of Labor, Bureau of Labor statistics shows state revenue increase needed per student to bring funding in line with inflation is $1,097.49 per student. • FY 07 Federal Revenue Sources. Impact Aid - $1,759,396; Universal Service Fund/E- Rate - $484,870; indirect cost factor (grants) - $180,000, for a total federal revenue of $2,424,266. • FY 07 Projected State Revenue: Foundation Formula - $19,313,040; State Military Contract - $879,582; Quality Schools - $70,356; and miscellaneous contracts - $40,000, for a total projected state revenue of $20,302,978. ♦ Local Revenue Sources are. appropriation - $8,627,652; in -kind services - $930,000; other local funding - $98,000; and fund balance - $0, for a total local revenue of $9,655,652. • Borough Support Comparison: FY 06 Borough Support - $8,632,000; FY 07 Borough Request - $9,557,652; FY 07 Requested Increase - $952,652. ♦ FY 07 Total Revenue: Federal $2,424,266; State $20,302,978; Local $9,655.652; Total Revenue $32,382,896. • FY 07 Budgeted Expenditures $29,253,034; cost to provide same level of service and programs in FY 07 is $32,382,896, for an increase of $3,129,862. • KIBSD FY 07 Major Sources /Cause of Increases: retirement system mandated increases $1,033,348 and salary increases related to negotiated agreements - $881,816; heath insurance $395,245, fuel $194,315, electricity $155,870, and distance learning services $249,000. • FY 07 Budget Expenditures/Revenue Comparison: Total need expenditures $32,382,896; Revenue available with Borough at Cap & BSAV at Governor's at $5,347 - $32,382,897; resulting surplus /deficit $0.00. • What else is out there? Final Legislative Action: FY 06 supplemental funding for fuel cost increases; FY 07 additional dollars beyond Governor's $5,347; FY 07 District cost factor funding; and will Borough fund to the cap? • Requested Borough Funding Under Governor's BSAV of $5,347: Appropriation $8,627,652; In -kind $930,000 for a total $9,557,652 at Cap. At 8:31 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 8:34 p.m. Superintendent Betty Walters apprised the listening audience that there will be a Special Meeting to pass the FY 07 Budget tentatively scheduled for Thursday, April 27, 2006. SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 6 2. 2006/2007 Non - tenured Certificated Contracts — Non - tenured certificated contracts for the next school year are ready for Board approval. MOTION SCOTT ARNDT moved to approve 2006/2007 Non - tenured Certificated Contracts in the amount of $2,348,190 for a full -time equivalency of 47.00 FTEs (full -time equivalents). JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote. 3. School Board Policy, 8.2.6, Purchasing — First Reading - Minor revisions were incorporated into the Board Policy. MOTION JEFF STEPHAN moved to approve the revision to School Board Policy, Section 8.2.6, Purchasing, in the first reading and to forward the section to the Regular Meeting of May 22, 2006 fora second reading and public hearing. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 4. Alaska Teacher Education Loan Program Nominees — Kodiak has seven nominees and three alternates as well as six alternates from Ketchikan High School to recommend to the Alaska Commission on Postsecondary Education for this loan program MOTION SCOTT ARNDT moved to approve the nominations of Ryan Bateman, Jaron Carlson, Jessica Isaako, Thor Jones, Ronalyn Recustodio, Tiffany Sullivan, and Katie Weniger and alternates Miranda Borgeman, Anthony Nevin, Shelley Thissen, Amber Shull, Jessica Graham, Matthew Williams, Patrick Morgan, Karl Chaudhary, and Chaise Peters and to forward their names to the Alaska Commission on Postsecondary Education. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote. 5. Overage Student Request — School Board Policy, Section 5.5, Student Over School Age, states that a person over school age may be admitted to the public school in the school district in which they are a resident at the discretion of the governing body of the school district. A person over school age may be charged tuition by the governing body of the school district. MOTION ELIZABETH ODELL moved to allow JL to enroll in the Correspondence Study Program to complete the requirements for graduation and to waive tuition. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 6. FY 07 Consolidated Federal IDEA Grant Intent to Apply —This grant provides funding for supplemental services to students receiving special education services and also assists in funding personnel needs in the District preschool program SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 7 MOTION NORM WOOTEN moved to approve the FY 07 Consolidated Federal IDEA Grant Intent to Apply in the estimated amount of $529,796. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote. 7. FY 07 Custodial Supplies Bid Award — The Maintenance and Operations Department sent out seventeen requests for quotations for FY 07 Custodial Supplies, including three sent to local vendors. A legal notice was printed in the Kodiak Daily Mirror and the Anchorage Daily News on March 24, 27, and 29, 2006. MOTION SCOTT ARNDT moved to approve the FY 07 Custodial Supplies Bid Award, including Purchase Requisition Number 710000183 to Asplund Supply in the amount of $11,790.40; Purchase Requisition 710000184 to Corporate Express in the amount of $2,265.83; Purchase Requisition Number 710000185 to Frontier Paper in the amount of $22,731.06; Purchase Requisition Number 170000186 to McDowell in the amount of $1,572; and Purchase Requisition Number 710000187 to Unisource in the amount of $17,392 for a total amount of $55,751.29. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote. 8. February 2006 Report of Revenues and Expenditures MOTION SCOTT ARNDT moved to acknowledge receipt of the February 2006 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $17,308,752 and year -to -date general fund expenditures in the amount of $17,099,900. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote. 9. Executive Session — Negotiations MOTION NORM WOOTEN moved to enter into Executive Session to discuss Negotiations following the portion of the agenda reserved for Board Comments, and to include Superintendent Betty Walters, Director of Finance Dave Jones and School District attorney John Sedor via audiconference. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote. FUTURE BUSINESS: 1. A Special Meeting is tentatively scheduled for Thursday, April 27, 2006 to approve the FY 07 Budget. 2. The meeting schedule for May calls for a Work Session on Monday, May 8, 2006 in the District's conference room and a Regular Meeting on Monday, May 22, 2006 in the Borough Assembly Chambers. SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 8 COMMUNITY COMMENTS: None BOARD COMMENTS: 1. Jordan Rodgers extended her appreciation for all the presentations shared with Board members. 2. Jeff Stephan extended his thanks to Tom Emerson for his service and contributions and sincere concern for student safety. 3. Norm Wooten thanked Tom Emerson and all the other volunteers that make a difference in the lives of students. 4. Elizabeth Odell shared that she initially heard about the Alaska State Poetry Out Loud State winners Naphtali Fields and Laura Ranney on Gavel to Gavel. She stated that she is very proud to know Naphtali and Laura! 5. Scott Arndt extended his thanks to Tom Emerson and stated that Tom is not only an asset to students, but the community as well. 6. Roy Brown also shared his appreciation to Tom Emerson as well as all the volunteers that contribute to schools. At the Regular Meetings Board members have witnessed celebrations of volunteers and youth. EXECUTIVE SESSION: At 8:46 p.m. the Regular Meeting recessed into Executive Session for the purpose of discussing Negotiations. The Regular Meeting reconvened at 9:10 p.m. with no action taken. ADJOURNMENT: JEFF STEPHAN moved to adjourn the Regular Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, President Roy Brown adjourned the Regular Meeting at 9:11 p.m. Cy Submitted, / Sheila Roberts Administrative Assistant SCHOOL BOARD REGULAR MEETING April 17, 2006 Page 9 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of May 22, 2006. The Board of Education of the Kodiak Island Borough School District met in special session on April 26, 2006, in the Borough Assembly Chambers for the FY 07 School District Budget and Public Hearing. Board President Roy Brown called the meeting to order at 5:15 p.m. ROLL CALL was taken, and the following members were present: Norm Wooten Elizabeth Odell Scott Arndt Roy Brown Absent: Jeff Stephan, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters Yvonne Arndt Ron Bryant NEW BUSINESS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — April 26, 2006 Dave Jones Bill Watkins 1. FY 07 School District Budget — Public Hearing Kelly Englund Larry LeDoux MOTION NORM WOOTEN moved to approve the FY 07 Budget in the amount of $32,382,896, with a request for Borough support in the amount of $9,557,652, of which $930,000 is in- kind services and $8,627,652 is appropriation. SCOTT ARNDT seconded the motion. At 5:16 p.m. the Special Meeting was closed and a Public Hearing was opened. There being no public testimony, the Public Hearing was closed and the Special Meeting reopened at 5:18 p.m. A roll call vote of all members present was taken on the motion and it carried unanimously. ADJOURNMENT: MOTION SCOTT ARNDT moved to adjourn the Special Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote of all members present. School Board Special Meeting April 26, 2006 Page 2 There being no further business, Board President Roy Brown adjourned the Special Meeting at 5:25 p.m. Respectfully submitted, Karen Englund\ Executive Secretary Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of May 22, 2006. k of the Board KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — May 8, 2006 The Boazd of Education of the Kodiak Island Borough School District met in special session on May 8, 2006, for 2006/2007 Certificated Contracts, 2006/2007 Administrative Contract and Executive Session to discuss Negoriations and SuperintendenYs Evaluation. Acting Board President Scott Amdt called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present: Elizabeth Odell Norm Wooten Scott Arndt Jordan Rodgers Absent: Roy Brown, excused LCDR Virginia Cameron, excused A quorum was established. ALSO PRESENT: Betty Walters Larry LeDowc Porfiria Lopez-Trout Melissa Wages Paul Zimmer LisaJohnson Gregg Hacker Marilyn Davidson NEW BUSINESS: Dave Jones Bob Meade Ron Fried Sami King Stewart McDonald Meri Aolden 7ack Walsh Scott Christiansen Jeff Stephan Heather Wheeler Bill Watkins Kazen Boehler Carla Lam Rae Jean Blaschka Scott Greenstreet Jay Barrett 2006/2007 Certificated Contracts — Administration has four certificated contracts prepazed for Boazd approval. MOTION JEFF STEPHAN moved to approve certificated contracts for the 2006/2007 school yeaz to Chazla Cook — BA+O/1 in the amount of $38,384, plus $355 village stipend, $107 special education stipend for 1.0 FTE Ouzinkie School; Suzan Hailey — BA+O/5 in the amount of $46,914 for 1 A FTE Peterson Elementary School; Anne (Delany) Smith — MA+54/8 in the amount of $65,395, plus $355 special education stipend for 1.0 FTE Town Special Education; and Raymond Vining — BA+54/9 in the amount of $61,131 for 1.0 FTE Kodiak High School. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote of all members present. 2. 2006/2007 Administrative Contract — One administrative contract has been prepazed for Board approval. School Board Special Meeting May 8, 2006 Page 2 MOTION NORM WOOTEN moved to approve a 2006/2007 administrative contract for Kazen Boehler in the amount of $92,000 for 230 days as Kodiak High School Principal and to include 10 days of work at Kodiak High School far transition. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present 3. Executive Session — Negotiations and Superintendent's Evaluation MOTION NORM WOOTEN moved to enter into Executive Session to discuss Negotiations and SuperintendenYs Evaluation and to include Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh and Director of Finance Dave Jones following the conclusion of the Work Session. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote of all members present. At 7:07 p.m the Special Meeting recessed into the regularly scheduled Work Session. Following the conclusion of the Work Session, the Special Meeting reconvenedat 10:55 p.m. and recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 11:17 p.m. ADJOURNMENT: MOTION NORM WOOTEN moved to adjourn the Special Meeting. JEFF STEPHAN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Acting President Scott Amdt adjourned the Special Meeting at 11:19 p.m. Respectfully submitted, G�d'�- ��<��'_ Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of May 22, 2006. �� sr7.� �!` /��'.(1' � � <C rk of the Board KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — May 22, 2006 The Boazd of Education of the Kodiak Island Borough School District met in regular session on May 22, 2006, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Boazd President Roy Brown called the meeting to order at ' p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Elizabeth Odell Scott Arndt Roy Brown Absent: Jordan Rodgers, excused LCDR Virginia Cameron, excused ALSO PRESENT: Betty Walters Lany LeDowc Ron Fried Porfiria Lopez-Trout Cazole Nagan Nancy Bell Laurie Busness Meri Holden Laura Ranney Scott Cneenstreet Naphtali Fields Barbaza Bolson Christy Kinter Antonia DeLucia Lisa Keith Justine Ranney NIINUTES: Dave Jones Bob Meade Marilyn Davidson Mickey Jones Jim Nagan Kristie Wall Barb Snodgrass Geoff Smith Pam Hummell Chris Greenstreet Tuan Tran Jay Barrett Elisabeth Anderson Melania DeLucia Stephanie Michalski Laura Ranney Jeff Steph� � � � � JUN 2 2 2006 � BOROUGH CLERK'S OfFiCE Jack Walsh Heather Wheeler Bil] Watkins Colleen Nevin Becky Stone Dale Lhotka Stewart McDonald Judy Phillips Bob Tucker Melissa Dover Petal Ruch Scott Shepazd Miranda Borgeman Imuya Dooley Miranda Murray Savannah Tallino The minutes of the Regular Meeting of April 17, 2006 and the Special Meetings of Apri126, 2006 and May 8, 2006 were to be considered for approval and/or correction. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 2 MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of April 17, 2006 and the Special Meetings of Apri126, 2006, and May 8, 2006 as presented. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: None CORRESPONDENCE: None PROGRAM/STAFF REPORTS: 1. Volunteer of the Month - Kodiak High School staff were pleased to recognize Nancy Bell as their Volunteer of the Month. Kodiak High School Principal Bob Meade stepped up to the podium and introduced Kodiak High SchooPs Volunteer of the Month Nancy Bell. He thanked Nancy for her tireless efforts in working with students at the high school climbing wall. She has made herself available to work with the students every day at lunch as well as after school on Fridays. Through her efforts Kodiak High School students have benefited from a healthy, challenging and fun activity. PRESENTED On behalf of the District, School Board President Roy Brown presented a certificate of appreciation to Kodiak High School Volunteer of the Month Nancy Bell. Z. Poetry Out Loud Competition - Laura Ranney, a sophomore at Kodiak High School, and Naphtali Fields, a senior at Kodiak High School, recently competed in the Alaska state finals of "Poetry Out Loud," a national poehy recitation competition sponsored by tt�e Alaska State Council on the Arts and the National Endowment for the Arts. Naphtali, as the Alaska first place winner, went on to compete for a$20,000 college scholarship in the national finals, which took place in Washington, DC on May 16. In addition to an all-expense paid trip to Washington, D.C., Naphtali received a$200 cash prize and Kodiak High School will receive $500 for the purchase of poetry books for the school library. Students from six high schools competed in this first statewide competition of Poetry Out Loud. Competitors were judged on memorization, voice inflection, stage presence and other criteria. Kodiak High School students Naphtali Fields recited Fierce Girl Playing Hopscotch, by Alice Fulton and Laura Ranney recited Jabberwocky, by Lewis Carroll. SCIi00L BOARD REGULAR MEETING May 22, 2006 Page 3 3. Kodiak High School Music Department - Kodiak had 20 musicians score "Superior" ratings at the regional level and advance to the state level of competition to compete against 44 other schools from around the state. Of these 44 schools and hundreds of musicians, Kodiak High School had the `Best Vocal DueY' in the state: seniors Savannah Tallino and Miranda Borgeman and the second best piano soloist: junior Moritz Kellermann. Savannah and Miranda performed at an extra "Command Performance" concert that featured the number one musician in each competing category. Kodiak was the only school outside of the Anchorage and Fairbanks area to have students participate in the competition. Under the guidance of Director of Music Dale Lhotka, the following students performed Ave Maria, arranged by Kirk Marcy: Elisabeth Anderson, Miranda Boregman, Anotinia DeLucia, Melania DeLucia, Imuya Dooley, Lisa Keith, Stephanie Michalski, Miranda Murray, Justine Ranney, Laura Ranney and Savannah Tallino. 4. Employee Service Recognition - The District is proud to honor employees who are celebrating their thirtieth and twenty-fifth yeaz of service to the District. Congratulations and thank you to Accounting Supervisor Pam Huminell who celebrated her thirtieth year of service; Main Elementary School secretary Barb Snodgress and teachers Cazole Nagan and Margaret Roberts, along with Kodiak Middle School teacher Kristie Wall, and Custodial Supervisor Tuan Tran who were recognized for twenty-five yeazs of service. Congratulations! PRESENTED On behalf of the District, School Boazd President Roy Brown presented a thirty-year service awazd to Accounting Supervisor Pam Hummell, and twenty-five year service awards to Main Elementary School secretary Barb Snodgrass and teachers Cazole Nagan and Mazgaret Roberts, along with Kodiak Middle School teacher Kristie Wall, and Custodial Supervisor Tuan Tran. SUPERINTENDENT'S REPORT: 1. Superintendent Walters wished those retiring from the District good luck as well as congratulated all the seniors who have already graduated in the villages. 2. She encouraged pazents to take advantage of al] the programs offered this summer for children and wished everyone a safe and healthy summer. UNFINISHED BUSINESS: 1. School Board Policy, Section 8.2.6, Purchasing — Second Reading and Public Hearing - Board members made revisions to this section at the Work Session of April 3, 2006 and passed the revisions in the first reading at the Regular Meeting of April 17, 2006. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 4 MOTION SCOTT ARNDT moved to adopt School Board Policy, Section 8.2.6, Purchasing, in the second reading. JEFF STEPHAN seconded the motion. At 7:41 p.m. the Regulaz Meeting was closed and a Public Hearing opened. There being no public comment, at 7:42 p.m. the Public Hearing was closed and the Regular Meeting reopened. A roll call vote was taken on the motion and it carried unanimously. NEW BUSINESS: 1. 2006/2007 Certificated Request for Leave of Absence — Administration has received a request for a 2006/2007 Certificated Request for Leave of Absence after the deadline for submittal. MOTION NORM WOOTEN moved to approve a 2006/2007 certificated leave of absence for Olga Pestriokoff, contingent upon the District being able to fill her position for the 2006/2007 school year. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 2. 2006/2007 Administrative Contract - One administrative contract has been prepared for Board approval. MOTION JEFF STEPHAN moved to approve a 2006/2007 administrative contract for Steven Doerksen in the amount of $87,340 for 220 days as Kodiak Middle School Principal to include 10 days of work at Kodiak Middle School For transition. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 3. School Board Po(icy, Section 5.58, Physical Activity and Nutrition — First Reading — The Child Nutrition Act Reauthorization of 2004 requires that all districts have a policy in place by the beginning of the 2006/2007 school year. Section 5.58 is also scheduled as a discussion item at the June 5, 2006, Work Session. MOTION SCOTT ARNDT moved to approve the School Boazd Policy, Section 5.58, Physical Activity and Nutrition, in the first reading and to forward the new section to the July 31, 2006, Regular Meeting for a second reading and public hearing. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote. 4. Resolution 056-004, Master Planning for Schools - At the May 1 l, 2006, Work Session, Board members requested a resolution to the Kodiak Island Borough be drafted conceming master planning for schools. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 5 Superintendent Betty Walters read Resolution 056-004, Master Planning for Schools into the Boazd Record. MOTION SCOTT ARNDT moved to adopt Resolution 056-004, Master Planning for Schools. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote. 5. Purchase Requisition Number 560000194, Northwest Textbook Depository - This requisition supports the newly-revised science curriculum. MOTION ELIZABETH ODELL moved to approve Purchase Requisition Number 560000194 to Northwest Textbook Depository in the amount of $83,94830. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 6. Purchase Requisition Number 560000198, Delta Education, Inc. - The rural schools haue used Delta Science FOSS kits on consignment during this school year and decided that the FOSS kits aze a good fit for their school setting. This purchase requisition is for payment of the kits cunently on consignment. MOTION NORM WOOTEN moved to approve Purchase Requisition Number 560000198 to Delta Education, Inc., in the amount of $28,504. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote. Purchase Requisition Number 560000186, Math Learning Center - This requisition is for manipulatives, teacher manuals, and support materials for the continuation of our adoption of the Bridges math curriculum at the elementary level. MOTION JEFF STEPHAN moved to approve Purchase Requisition Number 560000186 to the Math Learning Center in the amount of $30,345. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 8. Purchase Requisition Number 720000090, Government Computer Sales - This requisition is for laptop computers for the Learning Center and the rural sites. MOTION SCOTT ARNDT moved to approve Purchase Requisition Number 720000090 to Govemment Computer Sales in the amount of 34,930. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 6 9. Copier Equipment and Service Bid Award - Operations Supervisor Gregg Hacker further negotiated a purchase price rather than a 5-year lease on the equipment. Purchasing the equipment outright will save the District another 11 % for a total of a 25 % reduction over the previous contract. MOTION NORM WOOTEN moved to approve the Copier Equipment and Service Bid Award to Frontier Business Systems, Inc. for a 5-year term commencing July 1, 2006 and ending June 30, 2011, including Purchase Requisition Number 720002006 in the amount of $247,175.58 for the equipment purchase and Purchase Requisition Number 720002007 in the amount of $58,600 for FY 07 service. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 10. Pupil Transportation Services Contract Extension - This contract extension will result in significant savings to the District in year one and over the course of the five-yeaz extension. MOTION ELIZABETH ODELL moved to approve the pupil transportation services contract extension with Laidlaw Transit for a 5-year term beginning July 1, 2006, and ending June 30, 2011. SCOTT AI2NDT seconded the motion and it carried unanimously by a roll call vote. 11. FY 06 Preschool Disabled Grant Amendment - This grant supports the needs of 3 to 5 year old students with disabilities who reside in our District. MOTION ELIZABETH ODELL moved to accept the FY 06 Preschool Disabled Grant Amendment increase in the amount of $3,000 for a total grant award of $648,120. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote. 12. Science Curriculum Document - The science curriculum review focused on alignment of our document to the recently adopted Grade Level Expectations. Units in elementary science courses were moved to ensure that students had the opportunity to learn material by the fourth grade Standards Based Assessment. Middle school and high school courses were adjusted in light of the Standards Based Assessments in grades eight and ten. Zoology, Applications of Science, and Introduction to Astronomy were added to the high school curriculum as electives. MOTION NORM WOOTEN moved to approve the Science Curriculum Document as presented. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 13. 2006/2007 School Board Meeting Calendar - The calendar follows the same format as previous years. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 7 MOTION JEFF STEPHAN moved to approve the 2006/2007 School Boazd Meeting Calendar as presented. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 14. 2006 — 2007 Quality Schools/Quality Students (QS2) Plan - Administration has since fine tuned the action plans and summaries of conclusion. The professional development plan and student performance data will be updated as data is available. MOTION JEFF STEPHAN moved to approve the 2006 — 2007 Quality Schools/Quality Students (QS2) Plan. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. 15. March 2006 Report of Revenues and Expenditures MOTION NORM WOOTEN moved to aclrnowledge receipt of the Mazch 2006 Report of Revenues and Expenditures, yeaz-to-date general fund revenues in the amount of $19,515,550 and year-to-date general fund expenditures in the amount of $19,599,827. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 16. Executive 5ession — Negotiations MOTION NORM WOOTEN moved to enter into Executive Session to discuss Negotiations following the Board Comments portion of the agenda and to include Superintendent Betty Walters, Director of Student Services and Personnel Jack Walsh, Director of Finance Dave Jones and District Negotiator John Sedor. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. FUTURE BUSINESS: 1. The meeting schedule for June calls for a Work Session on Monday, June 5, 2006, in the District's conference room and a Regulaz Meeting on Monday, June 19, 2006, in the Borough Assembly Chambers. COMMUNITY COMMENTS: None BOARD COMMENTS: 1. Jeff Stephan shazed that he was moved by the performances from the music and poehy students. He extended his appreciation to the Wellness Committee for their dedication and time they put into working through the process and he recognized the Booster Club for the challenges they aze facing with the changes. He thanked Senator SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 8 Stevens and Representative LeDoux for their efforts in the legislature this year. Jeff congratulated all the graduates and he wished everyone a safe and enjoyable summer. 2. Norm Wooten stated that he attended the graduations in Port Lions and Ouzinkie and extended his congratulations to those graduates and the students who would be graduating in the upcoming week. He shared that the presentations held at the meeting aze a testimony on why the arts are taught in schools. He wished students and families well and thanked them for the work they've done this school yeaz. He also extended his thanks to the maintenance and custodial staff, as they seidom get mentioned for the work they do throughout the summer. 3. Elizabeth Odell expressed her appreciation for the staff that were recognized for their years of service to the District. She shared that there are still many student events going on throughout the state and she has been fortunate enough to travel with them. She commended Laidlaw for their safety record and extended her thanks for their service to the Kodiak community. 4. Scott Arndt extended his thanks to all the District employees, volunteers and pazents who help make students successful. He also congratulated Naphtali Fields for her success in the Poetry Out Loud competition in the State as well as the nationals. Roy Brown congratulated students who aze graduating from high school as well as those students who went on from Kodiak and aze graduating from college. They are all hitting their own milestones. EXECUTIVE SESSION: At 8:22 p.m. the Regulaz Meeting recessed into Executive Session for the purpose of discussing Negotiations. The Regular Meeting reconvened at 9:43 p.m. ADJOURNMENT: NORM WOOTEN moved to adjoum the Regulaz Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimous]y by a voice vote of all members present. There being no fiuther business, President Roy Brown adjoumed the Regulaz Meeting at 9:44 p.m. SCHOOL BOARD REGULAR MEETING May 22, 2006 Page 9 Respectfully Submitted, C/� ,,..`-�c�.- �� Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Boazd of Education at their Regular Meeting of June 19, 2006. ��,yl.,��, ��►II '�� - :.. , KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 5, 2006 The Board of Education of the Kodiak Island Borough School District met in special session on June 5, 2006, in the School District Conference Room. 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: Scott Arndt Roy Brown Absent: Norm Wooten, excused Jardan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters Bob Meade Scot Cummings Bill Watkins Dazsha Spalinger Rick Langfitt Jay Barrett NEW BUSINESS: Elizabeth Odell Jeff Stephan Dave Jones Jack Walsh Gregg Hacker Scott Christiansen Paul Zimmer Ron Fried JUN 2 2 2006 i� BOROUGH CLERK'S OFFICE Marilyn Davidson Sami King Larry LeDoux Christy Kinter Rae Jean Blaschka Heather Preese 2006/2007 CertiTicated Contracts — There are no certificated contracts prepared for Boazd approval at this time. 2. Executive Session - Negotiations MOTION JEFF STEPHAN moved to enter into Executive Session to discuss Negotiations and to include Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh and Director of Finance Dave Jones following the conclusion of the Work Session. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote of all members present. SCHOOL BOARD SPECIAL MEETING June 5, 2006 Page 2 At 7:02 p.m. the Special Meeting recessed into the regularly scheduled Work Session. Following the conclusion of the Work Session, the Special Meeting reconvened at 1020 p.m. and recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 1 L• 17 p.m. ADJOURNMENT MOTION SCOTT ARNDT moved to adjourn the Special Meeting. JEFF STEPHAN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Board President Roy Brown adjourned the Special Meeting at 11:18 p.m. Res ectfuliy submitted, I azen En lund Executive Secret Approved by the Kodiak Island Borough School District Boazd of Education at their Regular Meeting of June 19, 2006. t I . _ I LJ/� �%� !�� 'a�' � - • . . . KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 15, 2006 The Board of Education of the Kodiak Island Borough School District met in special session on June 15, 2006, in the School District Conference Room. Boazd Prestdent Roy Brown called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Scott Arndt Roy Brown Absent: Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Dave Jones NEW BUSINESS: Elizabeth Odell Jeff Stephan Norm Wooten Gregg Hacker JUN 2 2 2006 E ', , BOROUGH CLERK'S OFFICE 1. 2006/2007 Certificated Contracts — Administration has recommendations for three certificated contracts and one administrative contract for Board approval at this time. MOTION SCOTT ARNDT moved to approve certificated contracts for the 2006/2007 school year to Denise Anderson — BA+O/0 in the amount of $37,216 for 1.0 FTE ESL Peterson/Kodiak High School; John Lane — BA+O/0 in the amount of $37,216, plus $1,116 village stipend for 1.0 FTE Old Harbor School; Kelli Davis — BA+O/0 in the amount of $37,216, plus $1,116 village stipend for 1.0 FTE Old Harbor School; and W. Pete Jarvis in the amount of $78,310 for 205 days for Kodiak High School Assistant Principal. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote. 2. Executive Session - Negotiations MOTION NORM WOOTEN moved to enter into Executive Session to discuss Negotiations and to include Director of Finance Dave Jones and School District negotiator John Sedor. (Superintendent Betty Walters and Director ofPersonnel and Student Services Jack Walsh were weathered out in Anchorage.) SCHOOL BOARD SPECIAL MEETING June 15, 2006 Page 2 SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote. At 7:05 p.m. the Special Meeting recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 7:47 p.m. ADJOiJRNMENT MOTION NORM WOOTEN moved to adjourn the Special Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimously by a voice vote. There being no further business, Board President Roy Brown adjourned the Specia] Meeting at 7:47 p.m. Respectfully submitted, `�''\. azen E glund Executive Secr Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of July 31, 2006. /!�I .. I_-'•1,: �'_' � � - - . - ::. . KODIAK ISLAND BOROUGH SCHOOL BoardofEducation �Jn�� --"'— Regular Meeting — May 22, 2006 fJ lj Mqy 2 5 2006 SUMMARY BO UGH CLERK'S OFFICE ACTION ITEMS: ----_�_ APPROVED: Motion to approve the minutes of the Regular Meeting of April 17, 2006, and the Special Meetings of Apri126, 2006, and May 8, 2006. PRESENTED: Boazd President Roy Brown presented a certificate of appreciation to Kodiak High School Volunteer of the Month Nancy Bell. PRESENTED: Board President Roy Brown presented a thirty year service award to Accounting Supervisor Pam Hummell and twenty-five year service awards to Main Elementary School secretary Barb Snodgrass and teachers Carole Nagan and Margazet Roberts, Kodiak Middle School teacher Kristie Wall and Custodial Supervisor Tuan Tran. APPROVED: Motion to adopt the revision to School Boazd Policy Section 8.2.6, Purchasing, as presented in the second reading. APPROVED: Motion to approve a 2006/2007 certificated leave of absence for Olga Pestrikoff, contingent upon the District being able to fill her position For the 2006/2007 school year. APPROVED: Motion to approve a 2006/2007 administrative contract for Steven Doerksen in the amount of $87,340 for 220 days as Kodiak Middle School Principal to include 10 days of work at Kodiak Middle School for transition. APPROVED: Motion to adopt the School Boazd Policy Section 5.58, Physical Activity and Nutrition, in the first reading and to forward the new section to the July 31, 2006, Regular Meeting for a second reading and public hearing. APPROVED: Motion to adopt Resolution 056-004, Master Planning for Schools. APPROVED: Motion to approve Purchase Requisition Number 560000194 to Northwest Textbook Depository in the amount of $83,94830. APPROVED: Motion to approve Purchase Requisition Number 560000198 to Delta Education, Inc., in the amount of $28,504. School Board Regular Meeting Summary May 22, 2006 Page 2 APPROVED: Motion to approve Purchase Requisition Number 560000186 to the Math Learning Center in the amount of $30,345. APPROVED: Motion to approve Purchase Requisition Number 720000090 to Government Computer Sales, Inc., in the amount of $34,930. APPROVED: Motion to approve the Copier Equipment and Service Bid Award to Frontier Business Systems, Inc., for a 5-year term commencing July 1, 2006, and ending June 30, 2011, including Purchase Requisition Number 720002006 in the amount of $247,175.58 for the equipment purchase and Purchase Requisition Number 720002007 in the amount of $58,600 for FY 07 service. APPROVED: Motion to approve the pupil transportation services contract extension with Laidlaw Transit for a 5-year term beginning July 1, 2006, and ending June 30, 2011. APPROVED: Motion to accept the FY 06 Preschool Disabled Grant Amendment increase in the amount of $3,000 for a total grant awazd of $648,120. APPROVED: Motion to adopt the Science Curriculum document as presented. APPROVED: Motion to approve the 2006/20076 School Board Meeting Calendaz as presented. APPROVED: Motion to approve the 2006-2008 Quality Schools/Quality Students (QS2) Plan as presented. APPROVED: Motion to aclmowledge receipt of the March 2006 Report of Revenues and Expenditures, yeaz-to-date general fund revenues in the amount of $19,515,550 and year-to-date general fund expenditures in the amount of $19,599,827. APPROVED: Motion to enter into Executive Session to discuss Negotiations following the portion of the agenda reserved for Boazd Comments, . and to include Superintendent Betty Walters, Director of Finance Dave Jones, Director of Personnel and Student Services Jack Walsh and School District negotiator John Sedor. APPROVED: Motion to adjoum. MONTHLY REPORT OF: REVENUES AND EXPENDITURES GENERALFUND SPECIAL REVENUE FUND CAFETERIA FUND DEBT SERVICE FUND CAPITAL PROJECTS FUND STUDENT GENERATED FUNDS FOR THE MONTH OF: MARCH 2O06 ___ _ : _ _ _ _ _ . .__ GENERALFUND REVENUE REPORT MONTH: MARCH 2O06 SOURCE LOCAI: �Annual Appropriation in-Kind Services Use of Facilities & Auditorium Academic/Athletic Fees Village Rent Other E-Rate Reimbursements Use of Fu�d Balance: Use of fund balance Prior Year Encumbrances Sub-total Local Sources STATE: Foundation Support State Mllitary Contrect (Peterson) Medic2id Contract Qualiry Schools Community Preschool Proj Non-resident Tuition State Services Contracts � Sub-total State Sources FEDERAL THROUGH STATE: Impact Aid-Military Impact Aid-Military Spea Ed. Other (Indirect Costs) Sub-total Federal through State Sources FEDERAL: Impact Aid Direct Impact Aid Direct-Spec Ed Sub-total Federel Sources TOTAI REVENUE N?ICIPATED REVENUE 7,740,440 930,000 62,000 20,000 6,000 � o,000 470,000 783,452 636,703 41,656 1,466 4,260 561 35,930 f2evenue !::i 5,730,331 '�! 717,883 --�� 36,993 �-�. 5.480 'I 8�950 �-.','.. 6,271 287.44t� ;:'_ 17,605.745 f,379,663 1�1,61fi,967 879,582 - 879.582 25.000 - - 72,225 72,233 72,233 1,700�,674 15,0'17 15.047 62,610 100,000 - 36,159 1,863,284 t5,017 Si,776 44,000 - - 20,000 - • 64,OD0 - - '�0.938.11 A 2206798 '19.515.550 I Pnor Year Revenue � 5,503,830 408,540 36,9�5 ti,izz 31,00� '46,530 � 29,796 10,740,591 879,582 70,Oa2 39,110 �: 1,460,632 l 37,087 ACCOUNT TITLE KODIAK ISLAND BOROUGH SCHOOL DISTRICT GENERAL FUND - EXPENDITURE SUMMARY REPORT BY OBJECT CODE MARCH 2O06 ANNUAL MTD YTD _ .AVAILAE3LE : BUDGET EXP€NSE �XPENSE ?BALANOE : Certificated Staff Class'rfied Staff Employee Benefits Professional/Technical Services Inkind Services Staff Travel/Perdiem StudenUChaperone Travel Extra Curricular Travel School Transportation (Sped Buses) ��BC(flCltY Fuel-Heating & Cooking Water & Sewer Garbage Communications Other Purchased Services S u ppl ies/Media/Materia ls Maintenance Supplies Janitorial Supplies Warehouse Inve�tory Adj. Gas & Oil Vehicles OtherExpense Building Improvements Equipment Transfers to other funds Total _ 13.021,127 4,116,870 7,520,794 239,888 930,000 244,171 21,065 265,045 13,724 890,583 712,346 84,045 107,041 490,560 336,901 958,402 180,284 48.427 18,000 93,790 53,916 161,285 328,364 10,938,118 1,100, 735 360,384 665,074 19,472 41,656 17,053 798 30,2$4 80,425 24,112 6,496 8,889 34,078 32,024 36, 365 3,545 8,550 17,266 4,222 76,118 7,693,559 2.902,672 4,795,078 176,550 678,249 179,314 6,409 283,187 13.724 582,668 438,316 56,450 66,491 313,707 287,455 597,443 129,745 6,301 41,491 9,976 79,647 19.045 80,737 7,552,411 °ro useo 100.00% 100.73% 10127% 6376% 83.54 % 72.93% 8z�o^i 37.21% iio.aoio 0.00%a 94.63% 77.53°/ 98.39°/ 63.04% 92.61 % i o�.22^ro �o.i3°i 98.60% 16.03°/ o.00% 88.90% 95.71% 37.63% 51.67% s�.TS^io 7, 561, 422 2,825,113 3,822,326 139,382 408,540 125,785 5,815 188,047 17, 007 550,996 299,322 51,020 48,874 265,149 331,433 641,801 127,091 22,988 15,519 7,335 72,124 16,1 D3 228.550 17 Correspondence lThe Learning Ch Middle School East Elementary Main Elementary Norlh Star Elementary Peterson ElemenLary Akhiok Schooi Big Sandy School Chiniak School Danger Bay School Karluk School Larsen Bay School Old Harbor School Ouzinkie School Port Lions School Village Wide Services District Wide Fringe Benefits D/W Services Auditorium D/W Technology Services Educational Support Services D!W Special Services Board of Education Central Administralion Business Department Operalions & Maintenance Transfers to other (unds KODIAK ISLAND BOROUGH SCHOOL DISTRICT GENERAL FUND SITE - PROGRAM REPORT Non Personnel MARCH 2O06 Budget 103,023 97.689 68,699 55,137 69,054 64,648 7,658 4,036 4,303 4.993 6,985 30,121 22,252 22,481 253,519 35,675 11,541 22,642 268,778 56,794 660,297 74,420 433,882 200,437 2,808,106 MTD 10,373 4,845 4,773 1,549 2,816 2,334 4,678 894 308 901 697 5,266 (4,753) 6,604 20,776 2.771 1,795 4,433 17,544 311 42,866 31,424 7;727 10,688 147,822 YTD 93,537 77,732 49,691 41,3fi0 43,806 44,174 8,443 3,628 s,o�o 6.221 4,009 22,452 13,486 16,067 157,087 33,924 45,367 16,698 169,188 7,4A6 469,059 85,788 252.774 148,572 1,785.622 9;863 : 17;560 13�764 (2;001) 248 372 Percent -t% 11% 12% 16% 25% 20% -26% 6°/a 9% 0% -42% 26% 17% 27% 17% 12% -13% -343% -1% 11% 84°10 25% -30% 36% 25% 36°/a Prior Yr 103,118 49,120 59, 081 44,670 55,744 42,531 3.884 2, 564 632 5,097 18,684 15,369 16,358 177,831 16:130 34,681 14,764 147,293 31.447 455,614 37,182 171,171 130,944 46,613 3Li5A04 - �eo.o.v� r r.�.:� ..�.._......_- _-.- -, �- � 6,169�606 356�275 4,020,528 326,412 1,822,666 30% 2,136�684 KODIAK ISLAND BOROIJGH SCF300L DISTR[CT Statement of Revenues and Expenditures - M�rch 2006 Revenues: Locxl sources Statc sources Pederal through slete sources Federalsources Total revenues Expe�ditures: lnstruction Special education inshuction Special education support services �- studeots Support services students Suppoit services instniction Schoo] adminisiration - office of the principal School administratinn - support scrvices Dislrict administration District adminishative support services Operations and main�enance rood scrvice Facility construction Pi�pil activilies Pupil transportalion Total expenditures General Fund 70/30 calculation Instruction Administrative (less Student Transportation Contribution & Transfers to other funds ) total Capital Projects Special Revemie Cafeteria and Student Total GencraiFund Rund Fund Runds � $ 6,793,349 16,229 121,?50 453,422 7,3S4,Sd9 12,67I,026 822,OR0 412,87R - 13,'315,9R4 51,176 445,171 - - 496,347 - 291,864 - - 291,86d 19,515,551 1,575,344 564,428 453,422 22,1OR,745 R,7AR,292 1,767>745 1, t76,31 l 413,762 83A,003 725,927 483,693 408,719 1,354,415 3, I 9Q964 456,197 � 19,599,R27 13,706,040 70"rb 5,893,78R 30% I9,599,827 100% 1,278,727 425,1 fi8 15.676 244.857 877,331 2,8dJ,760 - - 10.067,019 - - 2,192,912 - - l,(76,311 - - 429,438 - - 1,078,867 - - 725,927 - -- 483,693 .- - 408,719 - - 1,354,415 - - 3,19Q7G4 779,464 - 779,464 ��- 63,363 fi3,363 - 355,663 81I,8C0 - -- A77,33I 779,4C4 d19,026 2_1,6d0.077 KOOIAK ISIAND 80ROUGH SCHOOL OISTRICT SCHE�ULE OF GRANTS & SPECIAL LONTRACT51 PROGRAMS March 3'I 2006 TotalCunenl ExpendiNreS ' A�ailable Fy05Award YearAward Encumbrances . Beiance REGIJLAR INSTRUCTION Slate 8 FMe2llhmug� Sta�e Na LN:tl Le!t BeM1iM NCLB Tltle i Parl C AligraN Educatian NCl9, Tltle i, Parl A. Bas!c NCLB TNe Iil Paei A. Erglish La .ryuage Acq�isitior. NCIB Title V Innovetive Pmyrans NCLB Tl�lel Pa�A.HighlyQw4tled NCLB litle II. Suoolemenlal NCLO, Mlaran� Ed Summer Srnavl Fetleral dren ANEP MakingGannectlons Tille iX. IrdNn EtluCalron LocalSCU(ces Ghu9atli-KYAR' (ongnng po9�m since FY01j SuD-Wial RegularinsWCllon SPECIAL EDUCATION SET (Spedal EGUCalion Tansilions) tor Life PrescM1Od DisableC TIIIeVI-B Requla� ITi11eV4B Capaci:yBlOgblmpmvement Svbdolal5oecial E��ration SUPPORTSERVICES-STU�ENTS BoarCing Home P�ogrem M g�anl EO Parenl MHSory Commll�ee NCLB Tiile IV Sale aM aug Fae Schools � PSI�Nbslirience In EtlucaOOn NayeMing Progam Su�dotai SuppOtl Services - SluOenis SUPPORTSERNCES-INSTRVCTION Sub�tala� 6uppoA Sanices - IrewcOOn PVP�L TRANSPORTATION CONTRACTSSPECIALPROGRAMS•OTHER � 17 756 KO�IAK ISLAND BOROUGH SCHOOL DISTRICT SCHEDULE OF CHANGES IN AMOUNTS DUE STUDENT ORGANIZATIONS -- AGENCYPUND 31-Mar-O6 High Schaol: SNdent council Athletics Music Publications qasses Clubs Scholarships Miscellaneous Total high school Middle Schooi Leaming cen[edCOrrespontlence Area Witle/Choice Elementary schools: Eas[ Elementary School Main Elementary School Notlh Star Elem School Peterson Elem School Total elementary schoois Villa9e schools: Akhiok Big Sandy Lake Chiniak DangerBay Karluk Lareen Bay Old Harbor Ouzinkie Port Lions Tofal village schools Other activiiies: School Boartl Sunshine antl Viliage Challenge • Funtl Raiser Iiluani Magazine Audi[orium Services IntaresUUnailoca[etl expense Toql other activities ALL STUDENT ACTNITIES Balance at Balance at March 1, 2006 Revenue Expenditures Enc�mbrances March 37, 2006 2.857.02 3,612.88 266.20 384.60 5,819 70 45.570.77 36,115.29 11,607.81 7,194.15 68.884.10 776.00 260.75 1115.00 ('I,00�.00) 921.75 (3,333.04) 4,620.00 2,673.85 � 11,386-89) 16,50770 993.00 4,964.15 (4,9'11.85) 17,448.40 47,042.89 6,032.62 8,27670 (4,313.82) 49,172.63 2.815.40 - - - 2,815.40 (1.147.06) 1,060.85 � 3,010.11 (3.�10.11) (8621) 111.089.68 52.695.39 31,913.82 (1'I,fi57.63) 143,528.88 52.380.88 345.00 1,632.46 (95712) 52,050.64 (42.751 - 243.50 f122.501 f163.151 75.69 - - - 75.69 26,904.85 520.80 1,137.04 (236.19) 26,524.80 23,493.13 1,773A5 2,607.12 (636.34� 23,295.8D 12,40fi.85 - 286.63 25�24 11,868.98 12,344.03 4,142,00 397.82 (166.87) 16261.08 75,148.86 6,43625 4,422.61 (788J6) 77,950.66 5,309.71 2,167.60 5.W 1,450.00 6,021.71 7,378.09 ' - ' 1.376.09 4,055.60 - - - 4.�55.60 647.46 • - - 647.4fi 24.75 - 19.50 (19.50) 24.75 7,325.56 1,413.00 505.14 393.28 7840.14 2,352,65 2,301.44 608.49 (386.30) 4,231.90 5,475.65 9.066.00 2,238.97 (362t) 12,338.89 4,i25.02 (430.00) 643.52 (476.48) 4,127.98 37,293.89 14,518.04 4,220.62 92479 40.666,52 713.26 - 7732G 1.871.82 � ' " 1.871.82 2,632.55 206.00 - - 2,838.55 51781 - - - 517.81 219b4 - - • 219.54 5,954.98 206.00 - - 6,160.98 275,901.83 74,200.68 42,433.01 (12,60072) 320.270.22 GULF OF ALASKA (GOA) GROUNDFISH TASK FORCE Progress Report to the Kodiak Island Borough Assembly and City of Kodiak Council May 30, 2006 The GOA Groundfish Task Force was appointed by the City of Kodiak and the Kodiak Island Borough in response to a proposal by the North Pacific Fishery Management Council (NPFMC) to rationalize the groundfish fishery in the Gulf of Alaska. There was widespread concern in the broad community following the implementation of the Bering Sea/Aleutian Island Crab Rationalization fishery. The GOA Groundfish Task Force was chazged with presenting elements, options and/or alternatives to the North Pacific Fishery Management Council (NPFMC) GOA Groundfish Rationalization motion that better protects the interests of Kodiak Island harvesters, crewmen, skippers, processors, processor workers, and businesses. The Task Force has met on the following dates: Mazch 22 March 29 April 12 April 13 (sub-committee) Apri126 May 3 May 10 May 16 May 24 Apri119 The following Kodiak residents have served on the Task Force as appointees or alternates: Peter Allan Jerry Bongen Julie Bonney Steve Branson A1 Burch Duncan Fields Kent Heligso Chris Holland Oliver Holm Linda Kozak Cecii Ranney Joe Stevens John Whiddon Mission Statement: Donna Jones Alexus Kwatcha Dana Reid Jay Stinson Norm Wooten Julie Kavanaugh Matt Moir Gabriel Sazavia Joe Sullivan Debora King Theresa Peterson Jeff Stephan Charies Thompson It is the purpose of the Kodiak City/KIB GOA Groundfish Task Force to work toward a community consensus regarding what is best for the Kodiak Island community and GOA groundfish fishery in the context of the NPFMC considering a rationalization (motion plan) for GOA groundfish. Recommendation #1 advanced Mazch 29th: The Gulf of Alaska Rationalization (GOA) taskforce recommends to the City of Kodiak and the Kodiak Island Borough that they address the North Pacific Fisheries Management Council (Council) and request that the Council acknowledge the recommendation of sharing the fish (National Reseazch Institute Report on IFQs) and the evaluation of the February 2006 GAO report regazding rationalized fisheries and respond as follows: a) Continue to provide opportunities for the Kodiak GOA Rationalization taskforce through the City of Kodiak and the Kodiak Island Borough consensus building process to impact in a meaningful way the Council's GOA rarionalization process Received by email from Norm Wooten OS/30/2006 Page 1 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages b) Not schedule GOA rationalization items at the Dutch Hazbor October 2006 Council meeting c) Schedule a NPFMC meeting in Kodiak during the 2007 (February or April) meeting cycle. The KIB and City of Kodiak endorsed the Committee's recommendation as outlined above. The request was presented to the NPFMC by both govemment bodies at the April Council meeting. The NPFMC took two actions during the April meeting that were responsive to the request. The NPFMC took GOA rationalization off the October Council agenda in Dutch Harbor and postponed any further action on GOA rationalization until December of 2006. Since the April Council meeting the Kodiak task force committee has developed several work products that were used to educate the different harvesting, processing and community interests across the Kodiak fishing spectrum. The following work products aze attached: Attachxnent 1: A list of problems that the Kodiak fishing community faces. Attachment 2: A timeline of fishery regulation changes that cumulatively affect GOA groundfish fisheries and a listing of the present groundfish regulations for the GOA fisheries. Attachment 3: A review of present federal rationalization plans with a list of pros and cons of each. Attachment 4: A proposal that was considered for advancement to the KIB and Kodiak city Council that was tabled. Attachment 5: A list of issues that have been raised by the public during the committee process. The cumulative work product by the Task Force represents the Kodiak concerns, problems and issues that the Task Force has been abie to identify at this time, and that the Task Force believes need to be examined within the context of the inventory of GOA Rationalization Alternatives, Options and Elements that are currently under consideration by the NPMFC. The Task Force will continue to review these concerns, problems and issues as they apply within the context of the present GOA rationalization plan, and may make recommendations to add, delete or otherwise modify such Alternatives, Options and Elements in a manner that attempts to address Kodiak concerns, problems and issues. The committee will not meet for the summer due to conflicts with the State salmon fisheries for many of the task force members. IDENTIFIED KODIAK PROBLEMS/ISSUES Communitv Protection Mechanisms 1. Absentee ownership of rights 2. Fleet consolidation — cooperatives 3. Processor consolidation 4. Community protection mechanisms • regionalization . phase out of off-shore sector • CFQs 5. Establish an economic baseline Received by email from Nortn Wooten OS/30/2006 Page 2 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages • need a snapshot 6. Access to capital by those in rationalized fisheries 7. Impacts of processor linkages 8. Impacts of processor licensing 9. Impacts of differential licensing of processors (restrictions on processor licenses) • limitarion of processor capacity • limitation to fixed gear only licenses • some with combined fixed geaz and trawl licenses 10. Preclusion of new processor entries 11. Impacts on agencies and support industries 12. Operating in a global environment Harvester Protection Mechanisms 1. Rent extraction by harvest shaze holders 2. Rent extraction by harvest shaze holders 3. Potential loss of fair market pricing for fishermen • artificially low prices • result from processor linkages • result from processor licensing 4. Skipper/crew employxnent opporhxmties • compensation reduction 5. Fleet consolidation - cooperatives 6. High-grading on grounds and in canneries (economic discards) • put negarive pressure on price • pose conservation issues 7. Processor consolidation 8. Establish an economic baseline • need a snapshot 9. Access to capital by those already rationalized 10. Impacts of processor linkages 11. Impacts of processor licensing 12. Impacts of differential licensing of processors (restrictions on processor licenses) • limitation of processor capacity • limitation to fixed gear only licenses • some with combined fixed gear and trawl licenses 13. Preclusion of new processor entries 14. Impacts on service agencies and related support industries 15. Conservation • high-grading • incentive fisheries Processor Protection Mechanisms 1. Processor consolidation Received by email from Norm Wooten OS/302006 Page 3 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages 2. Establish an economic baseline • need a snapshot Access to capital by those akeady rationalized 4. Impacts of processor linkages 5. Impacts of processor licensing 6. Impacts of differential licensing of processors (restrictions on processor licenses) • limitation of processor capacity • limitation to fixed gear only licenses • some with combined fixed geaz and trawl licenses 7. Preclusion of new processor enhies 8. Impacts on service agencies and related support industries 9. Conservation • high-grading • incentive fisheries Establish Entry-level harvestine and processing opportunities 1. Cost of entry and quota share for future participants 2. Fleet consolidation — cooperatives 3. Access to capital by those in rationalized fisheries 4. Preclusion of new processor entries 5. Conservation • high-grading • incentive fisheries Solutions to the aarallel fisherv and the Federal and state iurisdictional issues Community protection mechanisms • regionalization • phase out of off-shore sector • CFQs 2. Access to capital by those in rationalized fisheries 3. Consideration for impacts on state fisheries 4. Consider limited entry for state water groundfish fisheries Conservation Concerns 1. High-grading on gounds and in canneries (economic discazds) • put negative pressure on price • pose conservation issues 2. Conservafion • high-grading • incentive fisheries Received by email from Norm Wooten 05l302006 Page 4 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages Attachment 1 Kodiak Problem Statement Potential problems were identified by Task Force members (Note: no consensus was reached. All points were offered by individual members): 1. The economic viability of the harvester and processor sectors is dependent upon: a) minimization of by-catch discazds b) maximization of allowable biological catch of groundfish stocks c) access to the fisheries by the next generation 2. The "process" needs to impact critical timelines 3. Ability to access NPFMC in a meaningful way — LIO, teleconferencing, etc. 4. Economic benefits must be diversified throughout the community — harvesters, processors, entire community 5. Employment management measures that would slow down some elements of the GOA fisheries to increase prices to fishermen and value to processors: a) without encouraging consolidation of harvesters or processors b) without economically disadvantaging crew, skippers, boat owners, processing workers or processor owners c) provide real by-catch reduction benefits without encouraging hygrading or by-catch targeting d) Maintain or expand business opportunities for local support businesses e) Maintain fisheries access across the economic spectrum 6. How to balance broad based benefits of regulated inefficiencies with the need to maacimize value of global markets 7. How to slow down harvests so processors can maacimize value 8. The need for utilization of the resident labor force prior to any outsourcing of labor requirements 9. Should not be a process of reallocating fish between sectors 10. Trawlers and processors seem unwilling to sepazate pollock from other groundfish 11. Need to address fundamental flaws of past rationalization programs prior to proceeding down path to privatization a) inflated value of quota shazes b) entry level opportunities c) flight of capital out of coastal communities due to leasing d) consolidation 12. Attempting to address many different gear groups and species in a comprehensive manner 13. All sectors to be rationalized concurrently if rationalization takes place. Options for fixed geazs not be linked to processors 14. Stop the continued erosion of processor workforce and crew member pool 15. GOA rationalization can't happen via gear sector because it doesn't address the problem 16. No net loss to Kodiak through the process of rationalization 17. Consolidation is not necessarily the goal of rationalization of our fisheries 18. Access opportunities for entry level. "Changing rules while playing the same game" 19. Current economic model encourages absentee ownership/decision-making 20. Rationalization has typically meant privatization Received by email from Norm Wooten OS/30/2006 Page 5 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages 21. Each species has its own specific problematic issues 22. Two sets ofproblems 23. Species specific management problems 24. Systemic problems 25. Species harvesting and processing overlap each other 26. There aze gear specific problems 27. How the benefits aze distributed 28. Creating barriers to employment 29. Passive rent extraction 30. Value of fishery flowing out of community 31. Instability in employment - harvesters and processors 32. Operate in a global environment 33. Job loss due to consolidation 34. Anti-competitive nature of processor linkages 35. Must remain in a competitive position relative to other rationalization programs 36. All sectors need to be economically viable through partnerships 37. Job loss, vessel loss, infrastructure loss due to rationalization 38. Cumulative impact of multiple programs 39. Meeting conservation measures 40. Lack of state water protection 41. Broad problems of changing to a new system 42. Broad problems that create change 43. Failure to extract maximum (optimum) value from resource. 44. Increase volume of fish across the dock 45. Increase number of jobs in Kodiak 46. Protection from other rationalization plans 47. Tools for fisheries to deal with regulatory environment, e.g. SSL, EFH, IRIi.J 48. Because of diversified interests the community of Kodiak can't get along. Can this be changed? Our problem is ourselves. 49. Sectors want to wipe each other out. We need to reach consensus between sectors in order for the counciUassembly can present a solution/proposal to the Council. We all need to give up something. 50. Fussing/fighting in response to Council's proposal for rationalization 51. Lack of cohesion due to no grassroots inpuUlack of communication 52. Increase ex-vessel value of harvested species 53. Because of approach to rationalization iYs a net loss to Kodiak if we lose fisheries infrastructure in rural communities 54. Competition between sectors leads to problems/blocks of any form of rationalization Received by email from Nortn Wooten 05/30l2006 Page 6 of 14 Page 8 from the original Email was blank, reformatted from 15 to 74 pages N a � � u w � � L Y u L � �+ a � � � � � � 0 x a a a i��i -o � w � � � -� � � v, �� ¢x � 0 '� x a� � '�Q �� a � �, � � a a � G — �' � ,O � L �il ._. }" � .c � � `� U ' �} � a � � "� N-f1 'a. '_' � � � .� � � v ry I ,� � m O +: ..^JJ N � �" (% W � G � ~ � G„p V: i-. ,. r. cC C V: `'� ,,., "v 07— � � 'C7 �' o w .� lV �, a � 0 0 0 N rn rn O� .-. W � � � � � j ir� r�i �J �� v ^ .T � � �j � � Y ' =i f �. u -"L u � s � � Q� _ G � � � K '� � r. :J U n � � � r�n y cC N (:/? .� U �i � L ,N �br y H w — � -/. � Q �,. � b Y� L �''� N � � � � � � T � � � n 0 � � N � O a v `o c r '� ya a 3 E W m `o m £ E 0 m N N a c « �F C 0 Z 0 � E T o �o ao° >i� 0 d� �o Input Controls Output Controls Open Moratorium State/OperatorFederaUOwnerRationalization Access Limited Entry LLP GOA LLP Inshore/Offshore Split 100% Pollock 90% + pocket CP (Pacific Cod) CGOA WGOA Gear Federal Pacific cod Fisherv Pacific cod Total Allowable Catch 60% "A" season (Jan) and 40% "B" season (Sept) Jan 1 — Fix Jan 20 — Trawl Sept 1— Trawl and Fixed Federal Pollock Fisherv Pollock — trip limit 300,000 pounds Areas 610, 620, 630, 640 Trawl seasons — Jan 20, Mar 10, Aug 25, and Oct 1 Federal Flatfish Fisherv Halibut Mortality release for the trawl fleet — 5 Seasons Jan 20, Apr 1, July, Sept 1, Octl ManaQement Inuut IRN (Improved Retention/Improved Utilization) - requires 100% pollock and 100% pacific cod to be delivered MRA (Maximum Retainabie Allowance) - requires regulatory discards when fisheries are closed to directed fishing and incidental catch excesses allowable amounts Pollock Input Controls by federal regulatory area Received by email from Norm Wooten 05/30/2006 Page 8 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages Western Gulf Kodiak 630 300,000 pound trip limit no tenders : 1 610 600,000 pounds tender limit 30Q000 h-ip limit tenders Received by email from Norm Wooten 05/302006 Page 9 of 14 Page 8 from the original Email was blank, reformatted from 75 to 74 pages Attachment 3 Present Federal Rationatization Plans HalibuUsabelfish IFQ Pros Cons 1) Increased ex-vessel value because of access to 1) Costs for new entrants — IFQs fresh mazket and competitive marketplace 2) Loss of jobs — crews/skippers, suppor[ industries 2) Management efficiencies 3) Disenfranchisement of some traditional stakeholders Feds 4) Out migration of capital — royalties, rents, leasing - Processors — less capital required to keep 5) Absentee ownership smaller frozen inventories 6) Lower percentage of harvest coming to Kodiak 3) Safety — harvester sector 7) Inconsistent buyers and mazkets with the established 4) Mazket timing processing entities 5) Freedom to chose — harvesters and processors 8) Initial allocation of IFQ equity not shared by 6) Product quality skippers and crew 7) Creation of equity — financial institutions — IFQs 9) Percentage of fish value IFQ right holder rents aze a tangible asset (50%+) reduced amount of proceeds to crew, boat 8) Skipper/crews wages increased for those left in owners the fishery 10) Difficulty enforcing rules of program — ownership — 9) Able to fish closer to the quota some holders controlling more than the quota cap (excess shares) 11) Excess shares — harvesting and processing American Fisheries Act Berin� Sea Pollock Pros Cons 1) Ability to manage by-catch 1) Circumvention of the Council process (program 2) Ability to work within Steller sea lion dictated by Congress) regulations 2) Created an uneven playing field for processors and 3) Balancing harvesting with production harvesters (those who had rights vs. those with no 4) Increased value — roe bearing pollock rights) 5) Facilitated vertical integration 3) Facilitated integration (processors buying - increased efficiencies — processors independent vessels) lower raw product acquisition costs 4) Crew wages decreased — shares to salaried 6) Increased recovery employees, stacked leases, cooperative costs 7) Increased technology and automation reduces 5) Competitive disadvantage for non-rationalized costs to processors and vessels both offshore pollock industry and inshore 6) Artificial restriction limited harvester ability to 8) Asset value provides iinancial leverage choose processor (processors and boats) 7) Artificial restriction limiting processors ability to 9) Competitive advantage vis a vis non- choose harvesters rationalized pollock industry — harvesting, 8) Forced processor affiliations production, marketing 9) Artificial restrictions on the enhy of new processing 10) Improved data collection — observers entities 11) Ability to develop an annual fishing plan — 10) Lack of transparency within coops boats/processors Received by email from Norm Wooten 05/30/2006 Page 10 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages Bearin¢ Sea Aleutian Island Crab Rationalization Pros Cons 1) Consolidation of fleet — reduction of over- 1) Circumvention of the Council process (program capitalization dictated by Congress) 2) Asset value for processors and harvesters 2) Artificial restrictions on the entry of new processing 3) Vessel owners able to stack IFQs entities and harvesters — high cost of entry 4) Vessel owners can use other vessels for other 3) IPQs are incentive for consolidation in the fisheries processing sector 5) Ability to develop an annual fishing plan — 4) Negative impact on communities — reduced number harvesters, processors, brokers of crew, impact on support industries 6) Safery 5) Negative impacts on other Alaska fisheries — processing and harvesting 6) Artificial restrictions on the ability of Kodiak to freely compete for the benefits of BSAI crab rationalization — IPQs, regionalization 7) Uneven playing field between processors and harvesters — fishing season, delivery requirements 8) Potential hygrading of more valuable crab 9) Rent extraction by rights holders not being shared by crew 10) Crew job loss Received by email from Norm Wooten 05/302006 Page 11 of 74 Page 8 from the original Email was blank, reformatted from 15 to 14 pages Attachment 4 The Task Force discussed the issue of the need to lixnit effort in the groundfish fisheries that take place in state waters and achieved unanimous consensus at their May 16`h meeting to propose the following course of action to the City of Kodiak and Kodiak Island Borough: "The community of Kodiak should encourage the state of Alaska to initiate limited entry for groundfish vessels in state waters groundfish fisheries." Further discussion at the May 24`h Task Force meeting resulted in an unanimous consensus that the proposed course of action should be tabled for fuhue discussion, and until the Task Force has developed a complete package. Received by email from Norm Wooten OS/30l2006 Page 12 of 14 . Page 8 Rom the original Email was blank, reformatted from 15 to 74 pages Attachment 5 Public Comments We need to slow down the process Pots only for gray cod leads to more money for community Need to focus on the overarching problem of value extraction — vessel trip limits, processor limits Need to address Bering Sea pollock and cod Need to have enhy opportunities for a114 gear types Push for jig and pots outside 3 mile limit Opportunities are available for crews and skippers to access the fisheries Need increase public education on the issues and processes The ocean is a public resource that should stay in the public's hands. Our issues aze national in nature and our focus should be directed at that level. Representatives from the CityBorough will have an impact at the Council We need to recognize that the Council process is flawed (conflicts of interest, not representative of all gear groups, do not meet GAO standards) 90/10 split already agreed upon Cod allocation for entry level or pot groups Need to get letters to the Council regarding the efforts of the taskforce — adds credibility to the process Meaningful discussion, good wark by the taskforce Task force needs to interject into CounciPs plans Can the Council address the issues presented by those testifying at the meeting Should the task force represent the majority of the community or sector groups Need to represent the under-represented issues of jiggers, crewmen, etc. Need to recognize importance of observers and costs associated with observer program. Tony Laza: "Independent Economic Overview Bering Sea Crab Vessel Structure". Tony made this presentation to the North Pacific Fisheries Management Council in April. (see attached) Differences between crab rationalization and proposed GOA groundfish rationalization need to be identified and addressed. Loss of crew shazes seems to be the common denominator of rationalization plans. Need to look at existing tools for management. We should be looking at existing management tools Supports 300,000 pound catch limits Assembly/council members were voted in to lead, not to waffle. Need to represent the community of Kodiak as a whole. Your decisions affect one of the lazgest public resources. Lead or step down. We should have a town meeting to determine how the community feels about rationalization. If we have a referendum, we need to include all of the U.S. as we aze talking about a public resource. If there is no strong message one way or the other, iYs the same as no message at all and the Council will proceed as they wish. Received by email from Nortn Wooten 05/30/2006 Page 13 of 14 Page 8 from the original Email was blank, reformatted from 15 to 14 pages Would like to see a bio of each taskforce member to determine his or her positions on the issues — wants disclosure. The taskforce committee needs to prioritize topics in A and B lists. 60/40 split negatively impacts pot fishermen More recent years should be used to deternune history Need to determine who is for and against rationalization and what management tools are in place already As a participant in both federal and state fisheries I am against the state taking management of fish being caught beyond the 3-mile limit. Received by email from Norm Wooten OS/30/2006 � Page 14 of 14 Page 8 from the original Email was blank, refortnatted from 15 to 14 pages Memorandum DATE: June 5, 2006 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kib.co.kodiak.ak.us TO: The Honorable Mayor Selby and the Kodiak Island Borough Assembly THROUGH: Rick Gifford, Kodiak Island Borough Manager � FROM: Mary Ogle, Director ' ��, (,F- Community Development Department � ) ~ SUB.TECT: Interim Report of the Grauel Task Force RE: Request for funds to do exploratory excavation �� The Gravel Task Force was appointed by the Assembly in May 2005. The task force is comprised of ten members with the Community Development Department serving as the staff. I was elected to be the chair as the Director of the department, although I serve in a non-voting capacity. Formal meetings of the task force began in the late summer of 2005 and meetings have been held consecutively, over the last nine months. Minutes from these meetings aze available for review at any time in the Community Development Department as they are part of the public record. The mission and goal of the task force as established by the Assembly are provided below for your information: Mission: The Kodiak Island Borough Assembly, on the recommendation of the KIB Planning and Zoning Commission, establishes a Task Force committee to assess the sand, gravel and earth materials resources of the road system region of the borough, development policies for earth resource management, and to make recommendations to the KIB Planning and Zoning Commission and the Borough Assembly on management approaches, procedures, and policies. Goal: The goal of the committee is to provide for the sustainable long-term availability of sand, gravel uid earth materials in support of orderly and economical growth and development in the Kodiak Island Borough and to reduce to the maximum extent possible any undesirable impacts and conflicts arising from the extraction and use of these resources. The purpose of this interim report is to provide an update of what the task force has found to this date and to request funding for exploratory excavation on public lands. When the task force was established, members were appointed on a volunteer basis and there were no borough funds specifically dedicated to use in the support of this group. Prior to a discussion of seeking funds, I think it appropriate to detail the methodology that the task force has used to evaluate cunent site, criteria for selecting new viable sites and preliminary selection, and volume of anticipated material for the next 30 years. The first charge of the task force was to have staff review and analyze the existing known gravel extraction sites on the road system. Staff detailed fourteen separate sites that have either been historically used and/or are currently extracting resources. At that point, the following categories of information were complied; commonly known name of site, owner, date established, operator, extraction amount authorized, amount of resource remaining (if known), activity status, type of material (either gravel, rock or clay), quality of material (for either fill or concrete/asphalt uses), zoning, environmental sensitivity, and socio-economic sensitivity. These findings were reviewed and accepted by the task force. The next step in the methodology was to create criteria for selecting potential new resource extraction sites. When the gravel task force was established, there were no funds specifically dedicated for use by the group in conducting their analysis. Therefore, they chose to use the best available topographic and soils mapping as well as field observations to establish a scenario where viable gravel resource might be located. Specifically, for gravel we considered the points where major streams leave bedrock canyons and flow into alluvial val]eys. From a geological standpoint, that is where the bulk of the commercial grade grave] is located. The task force also considered soils mapping to verify the type of gravel either granite or a comparable rock that would have the characteristics necessary for fill or concrete/asphalt applications. Next, it was important to take into account the need to find where high quality gravel is easily accessible. The task force considered sites that were along the existing road system and that were relatively close to existing developed areas or areas that we anticipate future development that would need gravel resources. The thought was that the hauling distance, if too great, would create a scenazio where the resource might be geologically viable, but not economically feasible from a business perspective. Using this methodology, a total of four specific areas that appear viable sources for gravel either at fill quality or concrete/asphalt quality were determined. The information provided below indicates the general locations of the four sites as well as anticipated volume of material. It should be understood that there are individual, unique areas within these general four areas and that the yardage of material is estimated conservatively. 1. USCG property adjacent to the KIB fairgrounds 2. Salonie Creek azea owned by the KIB 3. Kalsin Bay Area (Along Pasagshak Point Road) 4. Middle Bay Area (Along Saltery Cove Road) 2,491,000 yards 2,181,000 yards 1,057,000 yards 4,555,400 yards The final step in the analysis conducted by the gravel task force to date is to establish the anticipated need for the resource, along the road system, for the next several decades. Various indicators were used to try to project anticipated needs into the future. Existing population, building construction trends, and major road projects were all calculated to establish a baseline of information. There was then discussion and ultimately concurrence between the task force members that the rate of use would not significantly increase in the next several decades. At that point, there was the need to establish a baseline of annual volume of resources extracted from the road system. Although staff has not been able to get detailed records from all of the operators, two of the larger companies have provided staff with some detailed annual volume counts. Based on this data, we can estimate that a maximum of 200,000 yazds of gravel for all uses are extracted along the road system annually. Therefore, over the 30 next years, it can be projected that the projects along the road system of the Borough would use approximately 6,000,000 yards of gravel over the next 30 years. Based on the information that has been complied for the four general site detailed earlier in this report, it is estimated that there is approximately 10,284,000 yards of various quality gravel along the road system. Therefore, it appears that there is enough supply to meet anticipated demand. However, these potential sites were only evaluated and investigated using the best available mapping and nzdimentary field observation. At their February 2006 meeting, the gravel task force requested staff to complete an interim report to the Assembly to submit their finding to this date. The catalyst £or this interim discussion with the Assembly is to request funds to do exploratory excavation on two of the four sites. The two sites would be the Salonie Creek area that is owned by the KIB and the USCG property adjoining the KIB fairgrounds. It is the task force's understanding that the borough has expressed an interest in the USCG site when and if it becomes available through the divestiture process. Specifically, the borough has made it clear in writing to the Coast Guazd that they are interested in obtaining this site if it is deemed unnecessary for retention by the Coast Guard, the Federal government (all applicable agencies) and the state of Alaska (all applicable agencies). However, permission has not been sought for this work on the USCG site through the land planner of the local Kodiak Coast Guard base. Field observation and available mapping can only provide for a certain level of probability as to the amount and quality of gravel at a given site. Given the significance for the community as to the mission of the task force, they found it necessazy to complete exploratory excavation to answer the question as to the quality of material. As stated earlier in this document, this task force does not have any operating budget in order to fund this excavation. At the February 2006 meeting, the task force made a motion to formally request the sum of $25,000 to conduct exploratory excavation of the USCG property and the Salonie Creek site. Neither the task force nor staff thought it appropriate to use public funds to explore the other two sites (Middle Bay and Kalsin Bay) which are in private land holdings. This amount of $25,000 is the best estimate that the task force agreed upon using the expertise oF task force members that aze in the business. Saying this, it is understood by all that if the appropriations for this amount is made, the actual contract and work program will go thorough the borough approved formal bid process. The task force is anticipating submitting a final report to the Assembly by January 2007 which will include formal recommendations for action. Considering that we are beginning the time of year when earthwork is the most practical and reliable, staff recommends that a decision be made conceming these funds and work begin during the summer of 2006. If the monies were designed in May or June, the bid process could be completed July or August with the actual work being conducted and finalized by mid- October at the latest. . SERVICE DISTRICT NO. 1 BOARD ' REGULAR MEETING MINUTES JUNE 7, 2006 @ 7:00 P.M. KODIAK HIGH SCHOOL COMMON5 CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:35 p.m. ROLL CALL: Present: Absent: Staff: Sharon Lea Adinolfi Scott Arndt Jessica Kepley, E/F Kevin Arndt Charlie Lorenson Bud Cassidy, E/F Ed Mahoney Rick Gifford, Borough'Manager Greg Spalinger Todd Jacobson, Engineer Dennis Symmons R&M Consultants, Inc. Louis Rocheleau, Contractor ' Brechan Enterprises, Inc. A quorum was established. Also present were a number of Woodland Acres Subdivision residents. (Please see attached public sign �n'sheet.) , ACCEPTANCE OF AGENDA: It was MOV�D, G. SPALINGER, and SECONDED, K. ARNDT to accept the agenda as presented. The motion CARR��+la unanimously. APPROVAL OF MINUT�S: It was MOVED, G. SPALINGER, and SECONDED, K. ARNDT to approve the Minutes [17 May 20�6] as submitted to the Board. The motion CARRIED unanimously. VISITOR'S COMIVIENTS: Residents spoke to the Board, stating the majority of the homeowners in Woodland Acres Subdivision desired the roads to paved, emphasizing the paving project was long overdue. Peggy Tutde, resident of Woodland Acres Subdivision, brought to the Boazd's attention the need for additional bus stops in the area. The cul-de-sacs in the subdivision are too small for school buses ro turn around, causing the children in the area to resort to walking « . ' through unsafe conditions to meet the beses in the middle of the most dangerous ' intersection of the subdivision. As a parent, who is concemed, she urged the Board to resolve the matter, if they could. She also asked the Board to consider addressing additional access roads into the subdivision. Asked to contact the Natives of Kodiak, she discovered that NOK had no plans to open up additional access in the near future. Again, she urged the Board to resolve this matter, also stating that it was a safety issue. If anything happened at the intersection of Curlew and Gull, the residents beyond the intersection would be left with no exit. The subdivision is expecting 9-10 additional homes, which raises the importance of the issue. Julie Coyle, a Laidlaw bus driver and resident, agreed the cul-de-sacs in Che subdivision were extremely too small to attempt to turn buses around. She agreed with the importance and added her voice in encom-aging the Board to assist the residents. CHAIR'S REPORT: CHAIR MAHONEY reported replacement signs had been ordered for the Service District. At the present time the Contractor was' digging holes in preparation to install the signs at the beginning of the next week. The CHAIR reported that D-1 had been used to fill the pothole on Selief Lane, tempararily, until the Contractor was able to "Hot Top" the'coad. He'd observed that KEA was in the process of digging a trench on Sharatin to work on utilities in the area. He was not aware of the extent of the work to be done. E. MAHONEY asked for concems from the Board, and was told by G. SPALINGER that when applied to the roads in the Service District; calcium chloride was left off of Ocean and Shoreline Drives, and $riggs Circle. OLD BU3INESS: A. VVOODLAND hCRES PAVING DISTRICT 2006 PAVING PROJECT Residents raised concern over the process that must be taken in order to make progress on the project. B. CASSIDX told the audience that at this time, the lot assessment method would go before the Assembly, and with a recommendation from this meeting the process would continue. T. JACOBSON told the public he had put together a scope of work for the project, based on the recommendation from the last meeting to pave all driveways to the property lines, addressing drainage problems, and identifying additional problems and issues that needed to be addressed through the scope of work. He stated the majority of the cul-de-sacs in the Subdivision were 24' wide, in order to make them wider, as the residents desired, it would require importing fil] to extend the width, which would result in additional expenses to the project. , . , ♦ All driveways were recommended to be plved up to 24'. From a walkthrough of the site, problem areas were determined and more than just paving will be involved in portions of the project. T. JACOBSON stated although two major issues exist within the Subdivision but don't necessarily affect the residents as a whole, it would be of great benefit if everyone consider combining these issues into one project; m�ging the residents to support upgrading and improving the Subdivision in its entirety to benefit all and bring the subdivision up to parallel standards. B. CASSIDY agreeing pointed out it would be a better cost effective move to include all projects in one assessment rather than return at a later date to remove the newly applied asphalt in order to address the issues. T. JACOBSON talked about the cost estimate which was separated into 3 pa�ts, one basic bid for the paving of the entire subdivision and 2 alternate additives (drainage on Sean Cr. and grinder pumps on Curlew and Teal). Discussion was held regarding the estimated cost plus a 15% contingency, which the Engineer was �fait'ly comFortable with. He explained the contingency money would include the Engineer costs, utility improvements, surveying info and determining the ROW, and any unforeseen expenses. It was mentioned to look into the possibility ttiat the City�may be held at leas[ partially responsible for the utilities in the sewer system. E. MAHON$Y recommended that the City be approached to assist with funding for ttie pro�ect. He was told it was on the list of things to pursue. P. TUTTLE asked tlie Ei regarding approval and i the answer. long it would take to get approval from the ADEC 6he sewer system. App�roximately 5-6 months was B. CAS�IDY addressed the audierj�e=and told them that although the roads were in the Borough's jurisdiction, the'Borou��i'did not have road authority; authorities only came through the Service Area Boards, who answeis to the Barough Assembly. He also explained that some of tFie issues regarding Sean Circle stemmed from individuals making decis�ons about their own property (i.e. filling ditches, extending parking areas, etc.), thus leading to the various issues that the project was now facing. He darified to the attendees that the numbers (project cost estimates) that were being shown were not the true figures, and no one would know what the real cost would be until bids were received on the project. As of now, the costs they were being shown were onlv the Engineei's estimate. SL. ADINOLFl asked for clarification on what the next steps would be in the process and was told by B. CASSIDY that the next thing that was to happen would be a public hearing that would be held by the Assembly to hear the public's testimony, while simultaneously, he planned to put out an Invitation to Bid, which had to be published for � 3 consecutive weeks. T. JACOBSOl<I recommended that when going before the • Assembly the residents ask for the base bid and alternates to be considered as one projecr, there may be increment burdens to the public in the to[al assessed value of each piece of property, however he felt that in the long run the cost would be minimal compared to coming back to address the major issues that need resolution. He told the audience the next step of the Engineering firm was to have surveyors come over to get accurate sircveys of the Subdivision and assured the audience there was room to include two parallel sewer systems for the Subdivision. R. GIFFORD explained at the public hearing on July 6`h, the Borough Assembly would either make a decision on the project that evening based on the recommendation of the public and the Board ar they would ask for additional information to be provided. B. CASSIDY told the audience that notices would be sent out to the public by the Borough, notifying all of the hearing that would go before the Assembly. E. MAHONEY asked for the pleasure of the Board on how to proceed with the project or recommendation to the Assembly. G. SPALINGER recommended [o move forward with the project addressing the drainage and sewer issues now. He referenced the Island Lake project which has seen tremendous amount of problems because things Were not addressed when they should have been during the paving project. He recommended that the sewer and water lines be extended to and stubbed out at the property lines and`.asked that both altei-nates be included with the paving, as one project and suggested the assessment be divided per lot, duplexes counting as one and a half lots. K. ARNDT suggested keeping. the project as simple as possible, keeping all three portions of the project tog�ther as-oi3e;.project, dividing the assessment per each lot, and stating if the City �+auld noC ai3dress th� ��i�er issues, it should be covered by the project. SL. tYDLNOLFI encoura�,e�d mo#��ni�55t on the Agenda to the Assembly to keep the project rnouing forward. D. SYMMONS said he woiild like to see the Board and the Community work in "unity" to get the project accomplished. E. MAHONEY told the Board that he would like to present to the Assembly a recommendation to address at the Public Hearing to be held on July 6'h, and would also like to get any policy issues addressed by the Assembly at the same meeting. He asked if the Boaid would like to make a recommendation to the Assembly. lt was MOVED, K. ARNDT and SECONDED, D. SYMMONS to recommend to the Assembly to move [he paving project forward including the base cost and the two alternates as one project, payment to be dealt on a 15 year basis, based on a per lot assessment, based on the total number of lots in the Subdivision (188). A roll call vote was taken and the motion CARRIED unanimously. G. SPALINGER asked if two public hearings would be required to move the project forward. R. GIFFORD replied that only one hearing would be required as long as the Assembly did not ask for additional information to be provided, holding off a decision at the meeting on July 6`�. L. ROCHELEAU told the public that it was feasible to see a majority of the paving project completed by the end of the season. He recommended as seen by past projects it is better to complete the sewer and drainage issues first, then lay down the asphalt all at once to avoid unnecessary construction issues. This concluded the public meeting regarding the Woodland Acres Paving District. The Board meeting was resumed and continued with the Agenda items. NEW BUSINESS: A. Calcium Chloride Discussion was held regarding the amount that would be needed for the summer and winter seasons; and storage for the calcium chloride. It was MOVED, G. SPALINGER and SECONDED, K. ARNDT to purchase 20 tons of calcium chloride FOB Kodiak from the low bidder, Round Butte Products in the amount of $1-0,788. The motion PASSED unanimously. BOARD COMMENTS: SL. Adinolfi: Felt she was not s�ire what the Board's role or responsibility was regarding the Paving project �ther than to bring Yhe recommendation from the public to the Assembly. She felt 'rt was important that the Board make sure the ditches in the Service District'were being propetly mamtained. She recommended that when other entities (such as KEA, presenUy) had w.ask scheduled to be done in the District, that they coordinate with the Boaa�d to ensure that the impact to other Board assigned projects and the Service District budget was mmimal. It was of import that the Board be kept aware of any other projects scheduled! for the District. K. Arndt: Agreed with SL. Adinolfi. He was not aware if B. Cassidy or anyone else on the Board was notified that work was being done on Sharatin by KEA. E. Mahoney: Told the Board that signs were scheduled to be installed at a minimum of $200/ea. He had not presendy asked that ditching work be done, but was aware that there were a few places that needed it. He reported that trying to get the other Service Area Boards together for the joint work session was tough going at the time, due to the other Chairs' summer schedules. J. Kepley alerted him at this point, that the WB Chair had contacted her to inform the SD1 Board that WBSD Board was not interested in a joint Ovork session at this time, however if a meeting were t0 be scheduled the Chair planned on attending if notified of said meeting. E. MAHONEY stated although it was a struggle to find a happy medium regarding the Paving project, he was glad the Board was solid on the recommendation to the Assembly and of relaying the public's testimony to them. G. Spalinger: None. D. Symmons: Said he was happy to see that something was accomplished on the Paving Project, but he noticed a gap or stereotype between the Communiry and the Board/Borough which he hoped could be bridged/remedied. MEETING SCHEDULE: There was no meeting scheduled at this time. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:10 p.m. SUBMITTED BY: Date: Jessica Kepley, Secretaty -- KI� Engtneering / Facilities Department APPROVED BYi Date: Ed Mahoney, Chair Service Area No. 1 Board July 6, 2006 TO: Kodiak Island Borough Council Members Kodiak, Alaska 99615 FROM: Sandra M. Katelnikoff Homeowner Larsen Bay, Alaska 99624 RE: Liquor Licensing in the Native Village of Larsen Bay To All Kodiak Island Borough Council Membership I would like to start of by thanking the Kodiak Island Borough Council Members for taking the necessazy time to listen and inquire more on the issue of liquor licensing in any Native Village on Kodiak Island. I can appreciate how difficult a decision this is going to be. I would also like to state that for your record I hold no personal ill feelings to any person who would apply for a liquor license my statement is full of concern for my people of that village and for all members of that community and it surrounding area. My decision to protest the liquor licensing approval for a Lodge located in the Village of Larsen Bay is made with grave concern to the health and well being of all the community members. This is a very small village in which statically it is a proven fact that for being a village with such a small population alcohol has and is having a huge and major impact on the health and well being of individuals and their family members and the community as a whole. Alcohol has had or continues to have a dramatic effect on almost every single persoa who resides permauently in Larsen Bay. If you look at tbe statistics you will find that many people in this small community have died premature deaths or suffered mentally, emotionally, physically, financially, or legally from alcohol related tragedies. Tragedies such as intoxicated people being shot to death with guns or intoxicated people shooting others to death with guns, intoxicated people are being stabbed or stabbing others to death, intoxicated people are drowning in boating or swimming accidents, intoxicated people are falling off the cannery dock to their death, intoxicated people are committing suicide, intoxicated people are perpetrators of domestic violence; intoxicated people are sexually molesting the children and young adults, intoxicated people are raping young girls and women, who are enticed or choose to drink too much, intoxicated people are continually receiving DUI's or DWPs for driving boats, cars, or four wheelers. Children have been born to parents who drink and have diagnoses of Fetal Alcohol Syndrome or Fetal Alcohol Effects. People who are in a position to afford alcohol in this village are exploiting those people who suffer from alcoholism, alcohol addiction, alcohol abuse or problem drinking by employing them and paying them with a bottle of liquor or a case of beer for their days work. 2 In this village there is a high rate of alcoholism, alcohol addiction, alcohol abuse or problem drinking. The children aze the silent victims of this problem and the non- drinking fam�ly members are suffering silently. In this community a liquor serving establishment will make all of the already mentioned conditions worse. It will increase the statistics for all the abuse and health related problems. The health of the community suffers already and it will suffer grave consequences. People will come by boat from neighboring places, communities and other lodges located neazby, to drink in the only establishment around. People will put their children at risk to drink at this establishment. People will use their bare minimum income and financial resources to get to this establishment to drink and the children will suffer. Children are already suffering and adults who were once the children suffered and are continuing to suffer as adults. The village of Larsen Bay has a transient population when the fishing and gaming seasons begin and when the local cannery is operating. This transient population brings along an increase in the consumption of alcohol in this small community of less than 100 permanent residents. When the hunters arrive the drinking escalates. The lodge owners should not have to use the quick availability of alcohol to entice their clientele. Everyone knows how lethal the combination of alcohol and guns are when they brought together. The immediate availability of a]cohol at a local lodge will only exacerbate an already detrimenta] community problem. As a menzber of the Native Village of Larsen Bay Triba[ Council and as a home owner in this conzmunity I do more than just strongly urge, I demarzd, for the health and weZl beiizg of the families, frie�zds, a�zd cwnmuniry that this proposed liquor license be denied. In this village of less than 100 permanent resident's men, women, and children, the statistics prove that the past and present alcohol consumption has a very high impact on everyone. In this village where there is a high rate of alcoholism, alcohol addiction, alcoho] abuse and problem drinking and there is one, maybe two at the very most, one person manned community activities which are already in place to provide health related services for the problems of alcoholism, alcohol abuse, alcobol addiction or problem drinking and the related issues. There are �o loog term services such as treatment centers, mental health practices or church or spiritual groups which are equipped to professionally deal with the related issues such as domestic violence, rape, murder, or child molestation. The people must travel away from their home to get these in-depth professional types of services. In this village there are no in-depth, daily, weekly, monthly services in place to work with those affected directly or indirectly by alcohol. There is one KANA program with one person, who for no other reason than being related to the liquor license applicant, may be viewed as biased or ineffective by otber Larsen Bay residents as a reliable service provider. I hold her in the highest regard but I to would question her ability to dea] effectively with the sudden increase of alcohol related problems that will be a byproduct of this sudden availabiliry of alcohol which will come with the liquor license. Other than her being there as a KANA employee and the occasional services provided by the Kodiak Area Native Association there are no other programs, groups, organizations or facilities set in place in this community manned with qualified people who will provide the services necessary for those who suffer the disease � of alcoholism, alcohol addiction, alcohol abuse or problem drinking. This one program will not be able to handle the sudden increase of alcohol consumption and or its related mental, emotional, physical, social, economic or legal problems that will result. This village has already suffered immensely and if the current members of the Kodiak Island Borough Council choose to pass the approval for this liquor license this village and its members will suffer further damage. If you are leaning towards approval think first of those children who are already suffering the ravages of alcoholism in their family or who are suffering from alcoho] related mental and physical health problems or emotional, social and financial setbacks. Think first of those people who are family members who live with those who suffer alcoholism or alcohol addiction, alcohol abuse or problem drinking. Think of those people who suffer with the disease of alcoholism, or alcohol addiction, alcohol abuse or problem drinking. This community and community members have already suffered immensely and will suffer more and NO promise of control or attempts of control made by the liquor license holder will work. I implore you when you make this decisio�z n¢ake the right o�ze for this village mid deny this request for a liquor license. Very Truly Yours, Sandra M. Katelnikoff Regular � Convened Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / / � � Date (i �� (,� (� ( �.� y� Adjourned By: By: � By: �`� " By: �� gy; � Second: Second:� Second: �� Second: `� Second:� � 1� .�,�'�'`� �U i � o�� v � � Y N Y N Y N Y N Y N NIr. Abell � Mr. Abell N1r. Abell NIr. Abell l�Ir. Abell Ms. Branson � Ms. Branson Ms. Br�u�son Ms Biailson Ms. Brm�son Ms. Je&ey � Ms. Jeffiey Ms. JeffiEy Ms. Jeffrey Ms. Je Mr.Oswak 1! Mr.Oswalt Mr.Oswalt Mr.Ostivalt Mr.Oswak Nfr.I2anney � Mr. S hens 1� Mr. S hens Mr. S hens Mr. S hens Mr. S hens Ms. Williams Ms. Williuns Ms. Williams Ms. Williams Ms. Williuns TOTAL TOTAL TOTAL TOTAL TOTAL Ma}ror Selby) (In case of a fie) ([n case ofa tie) (In Case of a Tie) (In case ofa tiel N:`C'LW SS1N20Li. CALL SI-�EIS.wpd Mayur Selby �' Mayvr Selby Ma}ror Selby Ma}�r Selby Regulaz �_ Special Convened KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ^� /�/ �� Date (/�I ��vll� Adjourned � ; . � , � : - . � �� ' . � � � - . � %� '/ / . � � � - . . � ` �1 � 1 �` � �I A ` � i 1 ,�� , 1 � i� e e ee ee��ee��ee • �- 1' �. � �- �. � �' �■ • � �■ � I" � � •I A`� �• � •I A�' �I` �■ i •I `• �■ i •I `� �■ i .I `� �■ - 11 � . - 11 �■ - 11 ` �■ - 11 �� 11 �■ • !►�■ • IJ� • 1I�■ • . �� 0� • D■ „ _.:�.�,, = � �_ __,��_ - ��l�� - �-�=-- --__- _.�� :, 0■ -� 0■ =.� � ■� =��- 0■ :. -. � �■ .� � ■ �� 0■ .� ■4 .� �/■ .� . Q■ � •� 00 •� 00 •� L�l� •� [�[� •� I�� N:� �i.wssvv�ou. c�nu. si ir•�s..�t (In pse ofa Oe) Mayor Selby _ 7 (In care ofa tie) Mayur Selby (In Case ofa Tie) Mayvr Selby (In case ofa fie) Mayur Selby KODIAK ISLAND BOROUGH ASSEMBLY � ROLL CALL SHEET /-/� Regulaz Special Date �lf/ l b Convened Adjourned ' '% � y : � : : -., �� -.. �, -.. �1 -., �► -.�, � � � ' �i �� - �� 1 ..- vi ..- ,��i .,- su► i.,- oi �R�� ee o■ : .� .. o ■ : .� .. �■ : ., .. ��■ �� : .� ... e■ : ,� .. o� -„- e■ -:,- o■ -;,-, v■ ..,- ::�■ -;�- .! o■ . � ■ . o■ • . � o■ . . . ��r�■ . . o■ � � �� -� �� _=i=i=�,e� �=_ ♦ ' .� i-__ ==��.e�;Z„�-(� • �� ..:, :. ■��.,_�� I■ _� - 0� -��- 1�/�� =�.,�l�--��■ .� .� �■ .� p� .� p■ ., 0■ .� �■ .� �u •� oo •� �o .� m�+� •� r�r�� N:`('I �ASSYV2(NL('ALJ.SI IGF'fS.w7d c��e,�, Mayor Selby (Incaseofa tie) Maynr SeIbY (M Case ofa Tie) �� s�my (In rvse ofa fie) �� Regular � Special Convened KODIAIC ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date O�l��/ � Rdjourned i� , � , , ' ' �p 1 � � �� -„ -„ +�I -.,�t\�/ - • _ ►� .. � ., � • �� , , � r� , . , ..-� oi ��oi ..-� .�ss ..- se ..- ee : .� .. o ■ : ., ., a� : .� .. - oi : ., ... ��ai : :� .. �■ -;�- o■ -;,- o■ -;,- 0■ -„- ■�e -;�- ��. oi . . o ■ . . o■ . . o��o■ . . s �o■ �l�� ■ �� ..�■�■� : 'ra:..�.�r. -� �� .vGw.vqii;:i�__�\�if7:4.in�,a�-__ ' .i i �__ � .._'ri i ' -�. .� c . � �� . 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SHfl;lti.wpl (In case ofa tie) Mayor Selby Qn case ofa tie) Mayor Selby (In Case ofa Tie) Mayor SeIbY (tn caseofatie) Mayor Se1bY Regular � Special Convened KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET � Date -� loc�f vc� Adjoumed � 1 Mh( � ur �- �I� '�� / � � : : -., ' „ � -., �I „ -„ � �! , �� ' � �� \ , � e e ee ee��ee ee ..- �■ ..- o■ ..- �■ ..- �� ..- ■■ : ., . �►i ■ : ., .. ►►a� : :� .. �■ : .� . ��■ : .� .. �� -.,- �, u■ -;,- u■ -;,- �■ -;�- �i■ -;�- ■■ �� : o■ . . u■ . . u� • . ■■ -- � _ =�cIIACH.i111�A _- � :i I - -- 1/ � .II I.:l w- ,I_. � .�Ill,:l �■ •.� . ♦ ■ �.��■ �� ` �■ �� . • �■��■■ � ■ .� a■ .� � �■ .� �►iw .� �■ • �� u . � �u . � r�h� . . mu�.��■ �� N:Y'LVSSYVt01 L('A l l. SI I(351S.w�z1 ��n��eo�, Mayor Selby Qncaseofa 6e) Mayor Selby (In Case ofa Tie) Mayor Selby (In rese ofa fie) MaYor SeIbY KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of : 7��/� �n KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of : ��L/D(v /1 V 2. INVOCATION Captain Dave Davis of the Salvation Army. PLEDGE OF ALLEGIANCE � 3. ROLL CALL / , / 4. V J5. 6. 7 Clerk's note: Assemblymember Ranney and other Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VO/CE VOTE ON MOTION APPROVAL OF AGENDA Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE AGENDA APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of May 18 and June 1, 2006. Recommended Mofion: Move to approve the minutes as submitted. VO/CE VOTE ON MOTION TO APPROVE THE MINUTES AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Note: Woodland Acres Paving Assessment District is under public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page t 8. COMMITTEE REPORTS 9. PUBLIC HEARING — Limited to five minutes perspeaker. A. Resolution No. FY2007-01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District Recommended motion: Move to adopt Resolution No. FY2007-01. Clerk's note: Attached on green paper is the corrected resolution and other back up materials. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 Comments are limited to �ve minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Applicant: The Kishan Group Inc.) Recommended motion: Move to voice non-protest to the Staie of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK (Applicant: The Kishan Group Inc.) Staff Report — Clerk Javier Open public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN /N AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at ihis time. ROLL CALL VOTE ON MOTION C. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Drive, Larsen Bay, AK. (Applicant: Larsen Bay Lodge Inc.) _/Recommended motion: Move to protest the State of Alaska Alcoholic Beverage �/ Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Dr., Larsen Bay, AK based on the action taken by the Larsen Bay City Council. (Applicant: The Larsen Bay Lodge Inc.) OR Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 2 Recommended motion: Move to voice non-protest to the State of Alaska A/coholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Dr., Larsen Bay, AK provided that they meet all the requirements of the State Fire Marshall. (Applicant: The Larsen Bay Lodge Inc.) Clerk's nofe: Attached on blue paper are the public hearing forms returned. Staff Report— Clerk Javier. Open public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at fhis fime. ROLL CALL VOTE ON MOTION D. Ordinance No. FY2006-12 Rezoning Tract O, U.S. Survey 2539, Alaska Subdivision From B-Business To RR1-Rural Residential Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission.) L� Recommended motion: Move to adopt Ordinance No. FY200�12. Staff Report — Manager Gifford Open public hearing. Russian Creek One. (1059 Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION Ordinance No. FY2006-13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1- Rural Residential One To B-Business (2316 Mill Bay Road) (Applicant: William Bacus) Recommended motion: Move to adopt Ordinance No. FY2006-13. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN /N AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 3 Ordinance No. FY2006-14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sa/e, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities. Recommended motion: Move to adopt Ordinance No. FY2006-14. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN /N AND STATE THEIR NAME FOR THE RECORD. C/ose public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT—ManagerGifford 11. MESSAGES FROM THE BOROUGH MAYOR—MayorSe/by 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007-01 Economic Development Services for FY 2007 between the KIB and the Kodiak Chamber of Commerce in the amount of $43,000 per annum. Recommended motion: Move to approve Contract No. 2007-01 Economic Development Services for FY 2007 Between the KIB and the Kodiak Chamber of Commerce in the Amount of $43,000 per Annum. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION: 2. Contract No. 2007-02 Kodiak Island Borough Facilities Fuel Oil Delivery. Recommended Action: Move to award Contract No. 2007- 02 to Petro Star, Inc. for heating fuel delivery to Kodiak Island Borough facilities for a term of 3 years based on a margin of 16 cents above the average weekly OP/S price quote. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 4 Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. 2007-03 Recycle Services with Threshold Recycling Services Inc. Clerk's note: Attached on pink paper is the memo from Bud Cassidy. Recommended motion: Move to direct staff to enter into contract negotiations with Threshold Services, Inc. and to accelerate the payments for recycling services in an amount of 542,500 through September 2006. , 1 _ Cl- �YVI,V"" Staff Report — Manager Gifford Assembly discussion. � ROLL CALL VOTE ON MOTION. �?, �� 4. Contract No. 2007-04 New World Systems Corporation Standard Software Maintenance Agreement. Recommended motion: Move to approve Contract No. 2007-04 with New World Systems Corporation Standard Software Maintenance Agreement for the period of July 1, 2006 to June 30, 2009 in an amount not to exceed a46,320 per year. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. RESOLUTIONS 1. Resolution No. FY2007-02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan. Recommended motion: Move to adopt Resolution No. FY2007-02. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2007-03 Authorizing the Approval of Lease with the Chiniak Public Library Association. Recommended motion: Move to adopt Resolution No. FY2007-03. Clerk's note: Attached on purple paper is a corrected version that is available to the public. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 5 Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2007-04 Authorizing the Approval of Lease with the American Red Cross Recommended motion: Move to adopt Resolution No. FY2007-04. Clerk's note: Attached on yellow paper is a corrected version that is available to the public. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007-02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. Recommended motion: Move to adopt Ordinance No. FY2007-02 in first reading to advance to public hearing on July 20, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION �2. Ordinance No. FY2007-03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. Recommended motion: Move to adopt Ordinance No. FY2007-03 in �rst reading to advance to public hearing on July 20, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group.) Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 6 14. 15. � 3. Recommended motion: Move to Approve the State of A/aska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group) Staff Report — Clerk Javier. ROLL CALL VOTE ON MOTION Appointment to the Bay View Road Service Area Board. Recommended motion: Move to appoint Andy Teuber to a seat on the Bay View Road Service Area Board to expire 2007. ROLL CALL VOTE ON MOTION Declaring the Gravel Task Force Seats Vacant. Recommended Anderson and permanently. motion: Move to declare the seat he/d by Gene Melvin Squartsoff vacant and vacate these seats ROLL CALL VOTE ON MOT►ON Recommended motion: Move to declare the seat held by Howard Weston on the Gravel Task Force vacant and direct the Clerk to advertise this seat per borough code. ROLL CALL VOTE ON MOTION CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486-3231 Toll Free: 1-800-478-5736 ASK SPEAKERS TO SIGN /N AND STATE THEIR NAME FOR THE RECORD. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS — Mayor Selby The Assembly will meet in a work session on Thursday, July 13 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, July 20 at 7:30 p.m. in the Assembly Chambers. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 7 16. EXECUTIVE SESSION Clerk's note: We have two items for executive session. Discussion should be limited to the subject stated in the motion to hold the executive session and it is necessary to reconvene in public affer each item. Tans. Gordon. (2005.) Open Meetings in Alaska, 11. A. Borough Manager's Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Manager's performance eva/uation, a subject that qua/i�es for executive session as a matter that may fend to prejudice his reputation or chaiacter. ROLL CALL VOTE Please invite al/ Assemb/ymembers, the Mayor, and the Manager fo participate. After the vote, Mayor Se/by recesses the regular meeting and convenes the executive sess�on. Upon ieturning fiom the executive session, Mayor Se/by ieconvenes the regu/ar meeting and announces no action is to be taken as a resu/f of the execufive session. Or, the Assembly may make a mofion if necessary. ROLL CALL VOTE ON ANY MOT/ON B. Matters Involving Negotiations with IBEW. Recommended motion: Move to convene into executive session to discuss matters involving negofiations with the IBEW, this qualifies for executive session per K/BC 2.17.030E, matters involving negotiations wifh labor organizafions representing borough emp/oyees. ROLL CALL VOTE ON MOTION Please invite the Assemb/ymembeis, Managei Finance Director, and the Clerk"s office staff to participate. (Upon returning fiom the executive session, Mayoi Se/by reconvenes the regu/ar meeting and announces there is no action to be taken as a result of the executive session.) 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 8 Your name: Property Ad Mailing Addi Comments: PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Please return this form by fax to 486-9391, Email to niavier(�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please cail the Borough Clerk's Office at 486-9310 if you have any questions. , � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS �' i ii ,, Your name: Property Address: Mailing Address: /`�mmnn4c • 0 6' r1 Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. 1 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: �J'rJ�J'--�- �,C,�,V � C-c`/C�e, Mailing Address: �b�C, ��5 � Comments: l��' V�. �'Le%�" i v� �'r�N� o� �— Please return this form by fax to 486-9391, Email to niavier(t�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 u.m. on Wednesdav, Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. V� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: �[a�l °. � PropertyAddress: 3�� (lp GY'�i'2_ �1�'C�-�� i�e Mailing Address: Comments: u JUL - 5 2006 UJ OfFICE Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � �/J �-��' ✓ � C�-�� - ��I�v �CJ"` 1� PROPOSED WOODLAND ACRES PAVING DISTRICT ' � PUBLIC HEARING COMMENTS 3�� n ./ Your name: Property Address Mailing Address: Comments: �3Jr8 �'Jrl-e.� � 0 . 8.s�; Z 33� ,Co�- Please return this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. '(�� PROPOSED WOODLAND ACRES PAVING DISTRICT � PUBLIC HEA ING COMMENTS You� ame: �1.e.Vr �� Property Address: � � 7�.3 ��,�J/� Mailing Address: Comments: �, �: (;v��d;� E C E I V E � ��' BOROUGH CLERK'S OffICE Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � C � 1 \� � Your name: ... ��, ✓� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS �� l�vc,� �ti�� Property Address: Mailing Address: (�nmmnnic• � � Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to lhe Office of the Borough Clerk no later than 5 p.m, on Wednesdav, Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. l^� l�� U� ,� ��- vv�VV �'e�l � r� � S � c�t�.►'S � � � � �� PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS Yourname: ��'I� �2;('2,STp�"F� �° Property Address: 3`� �i3 �1�� V� k J�� Mailing Address: ( 3 /�{ �Y�4��'lb�' �. � JUL - 3 2Q06 U ' BOROUGN CLERK'S OFFICE � 5 el 0 � 1 , � �� s 0 � �� , Z-� � c 6'1C P es �� n.e�cnlnborl�ood ��1-Ino�a`t �sSiV�a tlne C,os`F o✓�t-� �1e, �novne Uwlne�'s. Please return this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak.us, mail or hand deliver to the � Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS r Your name: J�� ' T -� .' �• _ _ il 1 Property Address: Mailing Address: _ Comments: �. ro, e �o�r��4V 1 Vl C1. ic„/'le4v;✓1 G�' Q. � Y �o vl o� wa v�� / S wl2✓1� IS G✓1bw� Pa�! ��n 9 wc, s G� �, �u� 2 a �s 0 OFFICE �rs �%GGSONG�12 T1nG� T� vH% v�e wc. I��ow iH vvu- f� t�,;s ��d;�,o��l �;,��,�<<4l �ur c�2✓�. S{'v4 'fi,¢. navi �c A ro GeSj a,v�,� �a.�} IHe iSSvC.. d�e., Please return this form by fax to 486-9391, Email to niavier(�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5. 2006. Please cal� the Borou h � Clerk's Office at 486-9310 if you have any questions. � ,I 1��u� r�,�a� `�P^�' � ''� �� g v�h � �� v\ ��\ v� Yo name: _ PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS _ Property Address: Mailing Address: Comments: �if .�u° Jo �GrrcacJ S e ��l .,GrcLc� �� ..CtT��. /�v-P � _�.s�y. r i��•� � � ,. .Zlc� d .�%LZc�'.fir��-t� ✓ — Please return this form by fax to 486-9391, Email to niavier(c�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Cierk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Yourname: � �Vl�c� �rn�'� nr Cv�./S�'ctl 1-, C�uvn�z��c Property Address: lll.03 ei,�r �.ecv (�(�a,� Mailing Address: Comments: r r� , , , •-- . . r .� � - ,� Q�TQV'Ck Q �� Please return this form by fax to 486-9391, Email to niavierCa�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. C E I V WOODLAND ACRES PAVING DISTRICT JUL - 5 2006 �U� PUBLIC HEARING COMMENTS + s-i2 S� �� i�, f 2 o r� �� 13 Mailing Address: ,��( �O(a/ �,�� Comments: C � � � 1 0 G,-�r �V� ' � Please return this form by fax o 486-9391, Email to niavier(c�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 a.m. on Wednesdav, Julv 5, 2006. Please call the Borough �k's Office at 486-9310 if you have any questions. G�.�i�'��%�2�� ` � \� � ---- ---- ------------ �------ - ------- ------- - ��K=��`�"� `BASED UPON CERTIFIED PLAT MAP STATUS AS OF JULY 1, 2002 07/05/OB WED 10:10 FA% 9074869016 ASSOCIATED ISLANA BROftER PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIG HEAF2ING COM Your name: IC�nneth !N. and Elaine damm Property Address: 3471 Sean Circle o� Legal: Woodland Acres 3`d BK 4 LT 2 r�ooi � � � � � V � J U L- 5 2006 D BOROUGH CLERK'S OFFICE Ma��ng Address: Box 1668 Kodiak Ak, 98615 — Comments_ We object to tha cost of the Woodland Acres Paving District and if possible vpt out of same. Ken and Elaine Damm Pleese retum fhis farm bW d E d�-BJuI, E zo I�PVaase catl tfie Barolugh Clerk'sa�oTfice at 486-931r0 iFyou h�ave an7/ questlonsh Clerk ter t an 1 `1 PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS Your name: JUL - 5 2006 � BOROU6H CLERK'S OfFICE PropertyAddress: 3(�SO QJFFW LiRccr Ka�Oidk,RGC49G/.S MailingAddress: 3GSO Pui-FIN Ciauc" {�'p,plrFU �jK 99G�5 Comments: ND ��r� n�o i w��; i o r��uc �a= 20�o s PflVc(� Z�NnuZ S�v�a�rc �t�SONS wuY �, zT wrcc pu� A F,�A�� A� R uKnt�l o.� �� Nousr No�n 2.. 7.Oo �o; wA•�7 TD P6FY Foa 7�ir rnrSTA/�r`5 ?+-IE �SO�QOVGHS EuG�NrE¢�NG D�na¢7.n��,� �k�szD ��I�� r+i� R�ADs w�ar Ot✓cLO�e.�. 3. -WiTu ?ye Rrno�,�r Bt�NG ��1cc c�n,PRee� Tri �d-SK � YKS �9-GO tS 1-�fiQf% i� Q��rE✓F' A�0 � A.� �JOi l,.Jltci„sG rd P�� rdiaT ft/�7(9Vn1T !`SF /✓�Dc�F`/ N .Z ?+firJK �oinr Or �NC GOS% SHOv�O 3r co��eP� [�`� i�it (30RovG�-1 `T+l� PA✓�n 2f,�ns i✓/ [ C Q�f,� vier Z r SS /�'t i9 �.�i&ni9�'r � wN y i€Q r l,✓E ru� �HG �'it WNdLt" LDSi , , , . . . , i - i -- — °--.__ . . .. •. , w� �)H ��s P��F�� ,� 7�it �,�57 a-. Ye,4QS, / 1 � i � •� �� Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, f�ai�.Qrj� Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Please Clerk's Office at 486-9310 if you have any questions. �fid deliver to the cail the Borouqh � �t PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS ��su v� JUL -� rour name: v--v �r �-�� i w• �•� Property Address• � �. ��--f1 � 1�� • 80DIAK ISLAND BOR 'riTii�CEUEF'ART,� Mailing Address: �b �U� 3�� Comments: , �e �L> V1�i- lrJt,.�k �v-� �� nnVp�. �U.4G2>S��✓lc � �ol . � �I a Cl,,,�-I-e.� {-1 �o�hol�.s Please return this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Piease call the Borough Clerk's Office at 486-9310 if you have any questions. i � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS r' Your name: Property Address: Mailing Address: Comments: � �� dllL - CLERK'S OFFICE �.�. � �. _. ._._. =ii(I •� •� . : � L�Ii � / /�-e��-�e . � � 1_^„^ ��o ,n.� cC� �� ol�St Li�p r�d�� Off CI ice of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5, 2006. Please call the Borough ` erk's Office at 486-9310 if you have any questions. / �.�-��—�-��`�,,,,,�,�.. � �� -- /C '`'`�,.�.2.tin.-.:o� Jul 05 O6 01:44p FOBES AUTOMOTIVE 208-322-7619 p.1 p �c��uv� D PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS �UL 5 ZODB Your name: l��2Ltr,, e /J I' /'' ERK'S OffICE Propertyr Address• 57 3 �� /�'�(� ( �rr�/e.. Mailing Address: �� l7vX yy`�3 � l�a� 5� � 0�1�� Comments: Please retum this form byfax 488-933�. Email to niavierCcIlkib.co.kodiak.ak.us, mail or hand deliver to Ihe Office of the Barough Clerk no n Sp.m. on Wednesdav. Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 It you have any questions. �' � SUL-5-2006 12:19P FROM: T0:74869391 P:2�2 PROPUSEP�W� C HEAftING COMMENTS D�STRICT Your name: � h a �4'`►"� °r PropertY Address: .5 a`t :%f �AR /•vA l T R Mailing Addross: p� �' °� y� SG �o n �,�x k 99 �iS Comments: � • c� c��'Qi,..t3T Woo��-�,veA 2�S n .. � _. T__ � _ . , � � .r- � c. "%o o i^� r c., y U� J �c t � .1- U i ^ � 1 { 'p (L.. ^rcJ 4 �� c..k T�E � o �-k�r+� � � ''}a I"�.� 1-i '4" !; ; � o s: J1�_�O i'\�... n J.,.� `It [£ t CUl -dE' �PC oFSN'�' .G�� JUL - 5 2006 Pleasa return this form by fax to 486-8391, Email to n'aviar kib. . �pihardo�p�e�lto the Office oF the Borough Clerk no lacer th n 5 o m on Wednssd S`P!� 1'.�f1 hH Bdrou9h Clerk's office at 488-831o'rfyou have any questions. JUL-5-2006 12:19P FROM: T0:74869391 P:1�2 COMMANDZNG OFFICER CGAS Kodiak Kodiak, Alaska. WA1tEHOUSE OFFICE DATE: V/ � V CJ L` / V�� FROM: C �� c� �c{ 2L�4NrG� TO: ,� C.� R � C.J h� ��C FAX TH1S FAX CONTAINS �- PACyES 1NCLUDING 'I'HE COVER nrm rr..rn_ \J[`l`i� 3��Jl�1DiLiW: OxC, L'[' JOSH BAUMAN 907-487-5565 SC]PERVISORS, HARRY STEVEN 907-487-5644 'xOM CRIM 9U7-487-5486 SHIPPING CHAD GARLAND 907-487-5052 ISSUE / PARTS POOLS / GOLDSTI2EAKS 907-487-5812 FAX 907-487-5164 � ... ^C� ,r,� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTrS Your name: Property Address Mailing Address: �Q • `�-�� % +o °�--_ Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to lhe Office of the Borough Clerk no later than 5 p.m. on Wednesdav Julv 5, 2006. Please call the Borough � Clerk's Office at 486-9310 if you have any questions. C� � ��- vv�V ied � b�- ��l�J�'�""� � �ty,►'s `� � � � �b'�' � �'°�� uuav�a ��waa�� c�wo��i p � � � 0 d � _ �- .. _ � f; PR POSED WOODLAND ACRES PAVING DIST JUL - 3 2006 .., ' �� `10(�II* PUBLIC HEARING COMMENTS F, r '�� Cc�-� � C�7rIS�7r� r}�1'�ed� ' OFfICE �.:.'� �?!��°� Property Address: � 6 � l.U�' � e�-t� , tip�;(Aa�C �� %9(P �S Mailing Address: � � � p �C ��1 � % ��G�.c�, � � '�191P �S r,..,,.,,e..��. ! S� VYIn. � r'Yl n r�-PU n v� ��n i �l —t'/G '1 J O�t t/ 1 I a� o c�!'U`�( • I�`-� Please return this form by fax to 486-9391, Email to niavier(c�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. 06-22-�2006 17:03 HARSCH 9074863710 PROPOSED WOODLANU ACRES PAVING �I�I{�tIC�N Z 3� PUBI.IC HEARING COMM�NTS �� Your name: I/Vl LU 1aP�l � OFFICE Properly Address: .��.�q �tw� ��VZ Wa�c��.An�� {lC- s�i i�K 13 L"T1 Malling Address: �� t�.�� ,+�Y<— Ptease return this form by fax to 486-9391, Email to niavier(dlkib.co.kodiak.ak.us, mail or hand deliver to the O�ce of the Borough Clerk no later than 5» m an Wetlneadav. JuIY 5� 2p06. Please call the Barough Clerk's O�ce at 48&9310 if yau ha�e any queslions. 06-22-2006 17:03 HRRSCH 9074863710 3'.�, .. �.w .. �z� i'. ��wa � i.,:Y�.. �� PAGE1 Total pages, indudingcover. 2 to Ne paving .-- �°--__ .s._......_ _. . . . . . . . ... � �,�, PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: Mailing Address: Comments: r r 2 Please return this form by fax to 486-9391, Email to niavierCc�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 u.m. on Wednesdav. Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. NOTICE OF PROTEST PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Kodiak Island Borough, Office of the Borough Clerk 710 Mill Bay Road, Kodiak AK. 99615 NOTICE OF PROTEST, Per KIBC 4.40.040 Protest Joseph K. Holloway and Mary K. Holloway 3820 Coho Circle Kodiak, AK 99615 03 July 2006 This letter is to formally protest the proposed Woodland Acers paving project. I feel the cost does not justify the benefit of having a smooth road. The initial petition to pave the roads stated that the cost per homeowner would be $5600. This cost has more than doubled in 4 yeazs. Because the borough stalled on getting the project started, and has now decided to fix drainage problems with specific houses, the entire neighborhood is having to pay. For bare bones paving, the price we aze being quoted is ridiculous. That's right, $11,000.00 to $15,000.00 so I can have a pot hole free road is ludicrous to say the least. Pve got a better idea. The State of Alaska or Borough can pave the roads out of their tax revenue. Then they can slowly raise my property tax every year until they recoup their funds and pay the bonds. Unti! then, I and hopefully a majority of others in Woodland Acres will live with the occasional inconvenience of a dirt road. Joseph and Mary Holloway �17��^�z��, l i�S.��, � ��.C�c�� , � �� , � �g-�� y Nova Javier From: Sent: To: Subject: �v� cc D Mel Stephens [mmstep@ptialaska.net] Thursday, July 06, 2006 9:46 AM Nova Javier FW: Woodland Acres Paving I don't know whether the clerk's office got a copy of this or the addressees. Mel Stephens -----Original Message----- From: david horne [SMTP:dwhkodiakak@hotmail Sent: Wednesday, July O5, 2006 1:15 PM To: tcabell@ptialaska.net; scokinc@ak.net mmstep@ptialaska.net; snoskwri@gci.net Subject: Woodland Acres Paving Dear Assembly members com] JUL - 6 2p06 BOROUGH suej@gci.net; ranney69@hotmail.com; I have been looking at the est. cost of paving our roads and I am torn. I have said that I would pay, just pave it but I never thought it would be this much more than the 5,000 I was told when we originally asked for this over 3 years ago. Because of your in action, I am now being asked to pay 6000 dollars more plus higher interest rates on the loan. Ballpark figure, around 10,000 dollars. Please ask yourself how would you feel. I am goinq to be at the meeting on the 6th and I hope you can answer a few questions. Why are we being asked to pay 7.5�, it seems the borough could get better rates than that. Whose responsibility was it to make sure the roads had adequate drainage when the roads were originally put in? Whose responsibility is it to maintain that adequate draining over time? Whose responsibility is it to maintain the road bed itself over time especially considerinq the increase in homes in the neighborhood (increase in tax dollars)? If we vote not to pave, when will the borough begin repairs to the road bed to make it passable in the winter and what is the borough's plan to better maintain the road in the future to avoid cUrrent road conditions? "� If we vote to not pave, when will the borough begin to fix drainage issues in our neighborhood? If we pave, how much is the borough going to save in road maintence cost yearly and how much will the assesser raise our home values thus increase tax revenues? Finally per resolution no fy2006-28, why did the manager not prepare a resolution as directed in 2003 and why won't the borough assume responsibility for his inaction? Paving this neighborhood is a win win situation but some of this extra cost lies on the borough, please help us so that we can afford this and take some responsibility for years of inaction. Thank you David Horne 1 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: 3�(7 I � U.b I cV�" C�� Mailing Address: � f G( , ��- Comments: Please return this form by fax to 486-9391, Email to niavierCa�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. l � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLiC HEARING COMMENTS Your Name: Robert and Elizabeth Johnson Property Address: 3591 Patrick Court. Kodiak. Alaska 99615 Mailing Address: P.O. Box 8557 Comments: See Attached ;- ,' � �r ; ;, _; ;; � � ��' ;;;JVI'Y C�„� v� r��,,r � e-, °. . �.: i "� � , _. __ .. _�`: � J U L- 5 2006 ', � 'U July 5, 2006 To the Borough Assembly Subject: Letter of Protest against Paving Woodland Acres 1. Triple the cost from a few years ago!! 2. 7.5% interest? WhaYs in your wallet? 3. 15 years minimum equals out to an average of $125.00 to $185.00 extra per month per home owner on top of our mortgage. Are you out of your minds!?! 4. 3 inches of asphalt paving? One 5-ton dump truck will break this down the first day! No load limits!?! 5. Short cut for trucks/cars that live on Spruce Cape! This is a perfect shortcut to avoid Sharatin Road! 6. Water, sewer, and garbage have already increased. It is going up again shortly. 7. Heating oil has sky-rocketed up with no end in sight. 8. Electric has climbed up as well, more demands on our wallets! 9. What about Service District #1 and the money we pay them? They cannot even grade the road properly now, nor can they keep the culverts maintained, they don't appear to try very hard at all. Remember, they were not done right to begin with!?! 10. Where do you think this money is going to come from? I need to keep my house and feed my family. Is the borough listening? Your plan is wrong for the community; go back to the drawing boards. We elected you so listen now!!! This is too costly!! Vote NO to this plan!!! Robert and Elizabeth Johnson PROPOSED WOODLAND ACRES PAVING DI PUBLIC HEARING COMMENTS Your name: Property Address: Mailing Address: Comments: � ° � v 15 �� _ 5 20�6 D) BOR� CLE- RK,� �E Please return this form by fax to 486-9391, Email to niavierCcilkib.co.kodiak.ak.us, mai� or hand deliver to the Office of the Borough Clerk no later than 5 o.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. V ` Ju1-05-2006 04:52pm Fram-KONIAG KODIAK T-503 P.001/D01 F-567 PRGPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARINC� CQMMENT5 Your name: �(S �1C ! IG7/�e/ �dl"� L„��,i PropertyAddress: 3gG'S �efi.. CY �� ' �liS/� r�ai�ingE►ddress: .3g65 C�a�ih �Y fi��,l� %�i�' -1�'9�/`� Comments: ; Please return this form by Fax to 486-8391, Ema1 to niaviercfilkib.co.kodlak.ak.os, mail ot hand deliver to Iha Office of the 8anugh Clerk no later than 5 n,m. on Wednesdav, Julv 5. 20U8. Please call tha Borough Clerk's O�ce at 486-9310 if you have any questioris. PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: S'� nn K�r JUL - 3 2006 BOROUGH CLERK'S OFFICE Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand de�iver to the Office of the Borough Clerk no later than 5 a.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's O�ce at 486-9310 if you have any questions. C� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING �OMMENTS Your name: Property Address: � �f J' �� n C�„�� Mailing Address: Comments: � � d Please return this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak us, mail or hand deliver to the Office of the Borough Clerk no later than 5 u.m. on Wednesdav Julv 5 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. - � pROPOSED WQODLAND ACRES PAVING PU�LIC HEARING COMM1MENTS Your name: JUL - `� 2006 Property Address: _�9 Fl �a/' �� Ji n � �"-- MailingAddress: 3�19F� ��r%��1�� i Gommants: OfFICE Pleass return this form by fax to 486-9391, Email to �avierCa�kib.co kodiak.ak.us, mail ar hand deliver to the Q�ce of the Borough Clerk no later than 6 n m on Wednesday, JuIY _fs 2006..• P�ease call the 8orough Clerks Office at 459-93� � �f you nave any que�uons. �`' 1 _� � n(�,5`y�(� ��. �`��J'i�.0�► � Q� �,� 1 bl � �r� ,^t� u ,r�' • `� IB 39ad WH.�M 6L46984L06'[ LS�LS 900L/5B/G0 PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS Your name: C � �- - - �' ----r .� n � Property Address: Mailing Address: _ Comments: i , � `� C ��1� o� l 0' C�' Co�� V�v t ,rne�,-F-ti � 5 J� D ��V�S �IX�✓�C�,� �u o� Ui�1. a , u� �a c�� c �. -�. ` (`fJ i F F�r�,l � lN.� (.Cp /Lt9f ?� a�(,�" �- �jU e G� o vt a� ?rJ �yl� '7�' � K �'�1"Ce 15 �-�v�a �' f aD - �� -n �vr ✓v�a°��e ` ; vt _ `�9 GCCC p� �- � r �` � �u �� G a vr �. /'c�avi � ,-,nv� {--o � �L. %� u.t�'t !'iZ. �''�Gt f.�. _ _ �, e.s�. -�5�3 Lb1-e- !'/1/G�y �'fi�'1'Ikt7�t S Cti!'Le� ZiIC'. CL Cc1r� a�.�, s h��co�, � l� a-ur Yvr �Gc, ��.�.�.c:C�.. c� s�- m r.�-a.l.� /-e� � dvzc. e c�s t� Please return this form by fax to 486-9391, Email to niavier(c�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 q.m. on Wednesdav. Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. ' � FROM : NORTHI.EST-HOhES-B8�RUSSELL FAX N0. : 907 486 2446 Sul. 05 2006 01:32PM PS ... ,.G .y.. PROPOSED WOODLAND ACRES PAVING D15TRkCT PU6LiC HEARiNG COMMENTS �J ` �. � Your name: � e_P �_, ... � . Property Address: ,%��. �- � �� Mailing Address: �, 00 A� � :HC�S�c,LJ �,� / «� ��S � �� Please return Ihis ionn by fax to 486-9391, Email to n evier ki od�k.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 n m on Wednesdav. Julv y 20Q&. Please call the BoOraugh Clerk's Office at 486-9310 i4 you have any questions. .„L ..�� ' ,� ��- v,nc�vViQd � b�- � �� iM � 9�,�P � ��,�, �r��'� �`' . i �i PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS � �7� `' 7 N[�— �� Yourname: _. �.--u-��,� �- � Property Address: i pS � Mailing Address: ��G `,�,� % Comments: � � v �. �;, G�uK— Please return this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 o.m. on Wednesdav. Julv 5, 2006. Please call the Borough. Clerk's Office at 486-9310 if you have any questions. ,\ \� f�� U ... rL„�, l,� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: Mailing Address: Comments: Please retum this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak.ak us, mail or hand deliver to the Office of the Borough Clerk no later than 5 o.m. on Wednesdav Julv 5 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � �l! � Nova Javier From: Paul VanDyke Sent: Wednesday, July 05, 2006 8:10 AM To: Nova Javier Subject: FW: Woodland acres proposal Importance: High From: mailt : 's@gci.net] Sent. esday, July 04 2 :36 PM To: Paul VanDyce Subject: Woodland acres proposal Importance: High Dear Mayor Selby and Borough Assembly Members, IE� JUL - 5 2006 Page 1 of 1 Thank You for you're commitment to the Assembly and for trying to make Kodiak a better city to live in. For the most part, you have done a good job, but I am very concerned about the proposed assessment in Woodland Acres to pave the roads. I am concerned for a number of reasons I would like to outline below. I would like to file a protest against paving in Woodiand Acres. The number one reason I am against paving is the outrageous cost that could be as high as $15000 per lot. I believe the Borough has mis-managed this project beginning three years ago and are asking us to cover the increased costs. Included in the bid are pork barrel projects, i.e.. sewer and drainage issues, that should legally be paid by a portion of our property tax and city sewer and water. I literally cannot afford to spend an additional $140 doliars a month for 15 years. What is the reason for such a high interest rate? The second reason I am against this proposal is the fact that many of the people who were pushing for the pavement have suddenly changed their views. I haven't talked to one person who is still for paving and I knew quite a few people who were set in their ways. I made a comment at an Assembly meeting stating that the vote for paving in the first place was mis-leading and not really a representation of the truth. The question was raised in a very simple way, " Do you want paved roads?" I believe the only fair way to make a decision like this is to first know the cost. What would we do we as consumers if automobile's were bought in this same manner? "Would you like a truck?" Sure! "OK, that will be $40000 dollars!" I BELIEVE WE SHOULD BE GIVEN A CHANCE TO VOTE ON THIS ISSUE NOW THAT THE COSTS ARE KNOWN. I DO NOT BELIEVE THAT 25% OF THE RESIDENTS IN WOODLAND ACRES WOULD STILL VOTE FOR THIS PROPOSAL. The third reason I am against this proposal is that my family has more immediate needs than paved roads. I bought this house and liked the fact that it has gravel roads. If the borough is on a mission to pave every road in Kodiak, let the developers shoulder most of the paving re�p onsibility like they do in well managed cities in the rest of the United States. With the cost of living increasing so rapidly,�l �vould rather see my hard earned money going to feed my kids and provide a warm house in the winter. The final aspect of blhy I am against this proposal is that the residents are being assessed 100% of the costs. The Borough would save thousands of dollars every month if our roads are paved. The constant need for grading would not be required. Why isn't the borough taking their responsibility? And lastly, many people in Kodiak use Puffin and the other streets to access Spruce Cape. These residents would love to have there short cut paved. Please do the responsible thing and let Woodland Acres residents vote on paving now that the costs are known. I urge you to not to vote for this outrageous proposai! Sincerely Timothy J Motis 3582 Sean Circle 7/5/2006 � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: `l SS �P� � Mailing Address: yss ��, � Comments: � _ v�10u. � oS �'� � T'�-e._ w1,A.1 h i/�OC�Gt 5� tA.� 0'� � 5 (..Ip �I �/1 S/U�'1, . � , - � , ov� �'� Se Y'oaoLs . f_ �ti Please return this form by fax to 486-9391, Email to niavierna kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 q.m. on Wednesdav, Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � �. rC ,!�' PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS Your name: ..- .�, � . :. , u�. � ��., . �� .1� � . . �.. :� �. ��.. Comments: �n l a�n �tbl� -k� A��'wdl �,125. °D l�v�v, nl� {.v JUL - 5 2006 I�J BOROU6H CLERK'S OFFICE � Please retum this form by fax to 486-9391, Email to niavier(cilkib.co.kodiak ak us, mail or hand deliver to the Office of the Borough Clerk no later than 5 o.m. on Wednesdav, Julv 5 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. , U D � j.� vv�vVie�l, ��`- a� Sl�n�� T �� , a'/� �/e � PROPOSED WOODLAND ACRES PAVING DISTRIC��I PUBLIC HEARING COMMENTS IU ll JUL - 3 7A06 Your name: [� �� BOROUGH CLERK'S OFFiCE Property Address: �3,7_3 (o .�Gu-c.G � Mailing Address: Comments: ., Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 u.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. NL 05,2006 06:19P a�""' _ ._ � r�� ' � ,.a. �� Your name: Property Ad Malling Add. page 1, i -- r. '�a�]� • �� ♦� .�►��i.ii. • �� •• ♦ Zl'_ ':a�J� /l. illl �J� i. \1 15�1�17 �.' •aL � 5:�. ,._a + :��•�. � . ...� _ � ,c�� .�' �.., _ v. . _.� as:.c n. . .: l _ 1.r • : • • '�\i y • �1 71:\: .�� ' '.D�► • � �, _ r] _._� � Sri�J� �1'�J.�. ?]. [� . �i�l� �� =(��: �A .�,� :.:.►_- C ' :r . �,. .�S • �!' 7a1 . � �1 f! � �I.w, . i�.. 9.�i' .1 . . 'au �i �\ • � �o� �. ' ?'�.1�. _ i?.r �9 '� � Si! � �r� �.. L �fL�.l� . . � : '��a1 • _ ,�� .•�i �.� � :iS.�.~JC wiib]1 � � \.�.�. fG� � �[�:il• •/�� i�� • �. _ �� ! .::1� • 1. s �� w1�iV a�] �7w i ll 3� i� �1 •+ i� �.� �. _ ' LF]:r� �R��i � � � Lii � �y � �ha _ • �:Z4� +G�—. C.. a�l �l r _,9 Le S' • �� i�] <. �- �.l [: ' �:�ll�� 1► ��n I�`�^ �1Si..Q �!.\Il�i�l �i : �.1♦ *�S _ �� v1L i •'s,• "g► A� t � � MPsK� 1T`- W� — �. � lease retum thls form by fdx to 48Cr8391, Email to niavier(o2ki6.co.lcodiak�,,ys, mai or and e o Offite of the Borough Clerk no later than 5.m. on Wedneada Jul 5 2006. Please call the Borough Clerk's ONce at 488-9310 'rf you have any questions. � � ,� �� , �� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS I i� Your Name: Property Address: Mailing Address: 497 Teal Wav Comments: ��o�r� — �1-116 - 5 2006 D tatT�A CLERK'S OFFICE The costs associated with this nroiect are exorbitant and we aze left wondering how and why the proiect scone has changed so drasticallv in the last few veazs. Certainl�the price per ton of asphalt has increased, but the estimated navin¢ costs to propertv owners have OUADRUPLED. Whv also has the interest rate assessed to proper[v owners increased bv 2%? It feels like addinQ insult to injurv. We do not believe that we or anv other individual nronertv owner should have to bear an additional $280,889 for the Additive Alternatives that the service board believes are necessarv to "brin¢ this whole azea uu to standazd" (memo from Bud Cassidv, 06.26.06, Section IVI. We nav our boroup_h taxes and have the exnectation that the Boroug_h maintain certain standards for develonment. We were willinQ to accept an estimated cost of $5,000 -$6.000 for pavinQ. It is inazguable that Puffin Drive and Curlew aze a mess (so is Sharatin, bv the wav). PavinQ Teal Wav however will likelv encouraee motorists to drive faster down our little cul-de- � ��. /�i PROPOSED WOODLAND ACRES PAVING DI PUBLIC HEARING COMMENTS Your name: / � � ��'e' � Property Address: _ Mailing Address: i� Comments: �f S G�/ Z � � l�-._�, JUL - 3 2006 D � IGH CLERK'S OFfICE ftk 99�/� i.� �kL .� (U �/� �( l� ��1� n ti i P C��" % //L2. �� r/�rz.�/IC� / S /' ;n�P�G�'¢- �n � � � � M�i G�� Q , ' v Please return this form by fax to 486-9391, Email to niavierna kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. . � U,� � � � �- v�V i�cl � ��`- � Sl� "� �.✓s � � � �,,,,, � �p��V-% � . V`� ��.I� P.'m 07/05/2008 22�A% 907 486 5564 ARDINGERS V f�j 002 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS p�� o a r� Your name: � SS � �-��'�' r Property Address: �D �' J�L - 6�106 � Mailing Address: � K'S OFFICE Comments: 6 Please return this fortn by fax to 486-9391, Email to niavierCa�kib.co.kodiak.ak.us, mail o� hand deliver ta tha Offlca of the 6orough Clerk no lator than S p.m. on Wadnasdav. Julv 5. 2006. Plesse call the 8orough Clerk's Qftice at 486-9310 ff you hav� any questions. Page 1 of 1 Nova Javier From: michelle and danny powell [gendrp@gci.net] Sent: SatUrday JUIV OL 200R 9�41 PM To: Nova Javier Subject: Paving I am against this total amount of $2,579,646. I believe we wanted paving and did not plan on doing the Borough's job and fixing the drainage and sanitary service. I had hoped the Borough was going to get funds to go towards this endeavor. Are there funds available. At the last meeting it sounded like we, the Borough could apply for some funds. Why isn't that mentioned? Were there other estimates mad by other companies? 1 would not go by one estimate. If there were other estimates, why weren't they mentioned. I appreciate you work on this, but it is not what we want. Thank you, Michelle Omvig Powell. July I, 2006 � � � V � J U L- 3 2006 D BOROUGH CLERK'S OFFICE 7/3/2006 � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: �Jmh,-� Property Address: 3�5� Mailing Address: �S 7i Comments: o✓ ��i�/ .Q/�� J.P ,, �i d1 n f'nC e11� �f �/i.., �, i S �� SG��✓ Please return this form by fax to 486-9391, Email to nlavier(t�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � PROPOSED WOODLAND ACRES PAVING DI PUBLIC HEARING COMMENTS /1�� .�r � �o� � Your name: %___. _ _ Property Address: � 7� �� , k��g� Mailing Address: r3�2�� Comments: ��%� JUL - 5 2006 D �fiCt�RK'S OFfICE 4ti'� �L2-�°'�� " .e�� , Ol1Z� "a ��° . f'�7c� w�� ? �' p��-�-� � � � � �� i � , ' �, _ _,, , ,� , . ; _!�� - -- � � / i � , " ....r. /, , , , i � - `�.a�r .i � � �-a�e �'� � � i� / �_��s . r� : � �� .�s /� �,� � � �� -y_'e-er�-c. (i`� � l�C,G� �sv � �''�. ,� :a<��, `� � �-� ,�-� � �'� r� � %� Please return this form by fax to 486-9391, Email to niavierna kib.co.kodiak.ak.us, mail or hand deliver to th�� /// _ Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5. 2006. Please call the Borough r�w Clerk's O�ce at 486-9310 if you have any questions. � G�,�"—� � '"� '� `�`�-C`.-�`�` � ��`—�c �// �,��y �� ,�,�. �"`�"`'�s. �✓�-��-� �' � � � �� -�o .� ��as�, ��,�`�`��' ,� FROM : CANDY & EDWRRD �� PHONE N0. : 907 486 3119 _ ._ _� Jul. 04 2006 01:14PM P1 PROPOSED WOODLAND ACRE3 PAVING DISTRICI" PUBLIC HEARING COMMEN7S Your name: �� (� �� 1-�� -� Property Address: 3�0 j I�U�-in �i VP Mailing Address: 1��0 •"i�nx �-f"7 �; j�,cY',li c�1C_,,,�� p�p) � � � � •... .. .- - -��: � s . . ..._ . � _ � � �. � +�. ' � •� ±a �� . . i s �� • . - � �, - �, - • . � - �. - �.� ° � _ � �. , � o� i 1� • - � ■ !_s • • + a► . � L� ♦� . �.` � _ � �. —� � ♦ r,� �t � � /� � i � � � � t + � � �. li � ♦ s I' • �� i� Please return fttis form by fax to 488-9391, Email to niavier(Zkib.co.kodiak.ak.us, mafl or hand delNer to the OfC�ce of the Borough Cferk no latar than S p.m: on Wednesdav. Ju1v 5. 2006. Please c8I1 the Borouyh Clerk's Olfice at 488-8310 ff you have any questions. �. � � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name Property Address: j��t� �'�rG1 �c, Mailing Address: �X l%[ a 1 Comments: ��j $� Please return this form by fax to 486-9391, Email to niavierCa�kib.co.kodiak.ak.us, mail or hand deliver to t e Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5. 2006. Please call the o h Clerk's Office at 486-9310 if you have any questions. We vigorously oppose the proposed Woodland Acres Paving pmject. The disparity between the bomugh's estimated cost for the project several yeazs ago and the most recent amount is crassly astronomical. We would rather put up with an unpaved road with a few potholes than pay roughly $15,000 for a project that also addresses other matters (such as drainage) which aze a result of the Kodiak Island Bomugh's poor maintenance. Why should we be punished for the borough's negligence? Also, there are people in the azea who live on fixed incomes and cannot afford the assessed payment the borough is requiring. Yet, these people cannot sell their homes because they must pay their shaze of the assessment before they can put them on the mazket. Therefore, we adamantly oppose the Woodland Acres paving project. Sincerely, Mike and Kathy Rostad �� `�%�-��-w ` NOTICE OF PROTEST PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Kodiak Island Borough, Office of the Borough Clerk 23 June 2006 710 Mill Bay Road, Kodiak AK. 99615 NOTICE OF PROTEST, Per KIBC 4.40.040 Protest Christian L. Schomburg 350 Curlew Way Kodiak, AK 99615 This letter is to formally protest the proposed Woodland Acers paving project. I feel the wst does not justify the benefit of having a smooth road of which I will only use Three tenths of a mile. ThaYs right, $11,000.00 to $15,000.00 so I can have a pot hole free road for Three tenths of a mile is ludicrous to say the least. I've got a better idea. The State of Alaska or Borough can pave the roads out of their taac revenue. Then they can slowly raise my property tax every year until they recoup their funds and pay the bonds. Until then, I and hopefully a majority of others in Woodland Acers will live with the occasional inconvenience of a dirt road. � ��' Christian L. Schomburg J Jlqi 2 3 � BOROUGH CLERK'S OFFICE � ` � Nova Javier From: Harry and Kay Steven [hsteven@gci.net] Sent: Wednesday, June 28, 2006 7:04 AM To: Nova Javier Subject: Proposed Woodland Acres Paving Distric. Borough Assembly Page 1 of 1 JUN 2 8 7A06 BOROUGH CLERK'S OFFICE I have lived on Gull Drive for 10 years, and was in favor of the paving of this area. After receiving the packet from the borough, I have some reservations which I would like to address with you. I. I am not an engineer, but three inches of pavement does not seem to be the standard, and with the heavy dump trucks that consistently come thru this area and the use of this road as a thru way, tells me that in just a couple of years this road will be destroyed. 2. 100% asseessment to residents. This is not correct. With the addition of the housing on Spruce Cape in the past couple of years, we have become the thru way for traffice going back to Rezenoff Drive. At one Point in the past Sheratin was this thru way, but as both roads deteriorated, these vehicles would take which ever one was the best, and at the point Woodland Acres is paved, this traffic will increase because the road will be better. I feel that the assessment of 100% is wrong. At least 20% of traffic is not residental, but traffic going to Rezenoff Drive. 3. Where is my Service District in this equation. The upkeep of the sanitary sewer and ditches was and is their responsibility of which I already pay for in taxes in this area. The cost of these improvements should lay upon the Service District since the road was improperly kept in the first place. With the paving, what responsibility will the service district take, since they let this road go to such an unspeakable state. 4. In the current assessment, is money for upkeep included? 5. The charge of 7.5% interest for 15 years is crary. Long before the 15 years is up this road will be destroyed, and we will once again be assessed on top of this for repaving. At this point the residents in this area are going to be taxed and or assessed right out of their homes. I know that with everything comes a price, but the price of this project since first proposed has more than doubled. Thank you for your time Sarah Kay Steven 3522 Gull Drive Kodiak, AK 99615 (907)-486-5403 6/28/2006 1Y" '! �� ' �°,�, �� `� 1 Nova Javier From: Harry and Kay Steven [hsteven@gci.net] Sent: Saturday, July 01, 2006 6:33 PM To: Nova Javier Subject: Woodland Acres Paving District Harry B. Steven 3522 Gull Drive Kodiak, AK 99615 p��o�� C JUL - 3 2006 IBOROUGH CLERK'S OFFICE Page 1 of 1 After reading the paper Friday, I would like to correct Mr. Mahoney. This is not sticker shock, this is hard working members of the community, that have driven on a decaying road and ruining decent vehicles. This is about a Service District that is not, and has not taken their share of the responsibi�ity in this project. In order to assess the Woodland Acres residents 100% on this project, there would only be one way in and one way out, which is doable by closing the road onto Gull Drive off from Sheratin Road, this would eliminate any thru tra�c and ensure us that only the residents would be using the mere three inches of pavement planned for this project. Our Service District should be picking up part of the cost due either the lack of maintenance, or inexperienced crews that graded the roads. I have never minded paying my taxes or extra mil rate for street lights and proper up keep, but to be charged 7.5 percent for 15 years is absolutely ludicrous. What was the cost per lot for paving Triniry Acres? For the residents to be held accountable for political wrangling in the borough is also wrong. The change in price doubled from what was originally forecast. This is not sticker shock, this is jaw dropping disbelief. I am among those who signed a petition for paving, but, at this price is almost unconceivable. Who is going to be responsible for the upkeep? Will it be our new and untried paving district, or our service district? 7/3/2006 � B 3 t 1 i Y r E i ;� e S �; i � 3 JUL-B6- HU 09_57 FlM FRED PND SHIRLEY THIEL " �� / ..:, Your name: 9B7 486 8256 %� PROPOSEP�W� C HEARINCy COMMENTS DI3TfiICT Property Address: Mailing Address: �i�'r��—. P. 01 Ptease return khis form by fax to 488-9391, EmaB to Ofiice of the Borough Clerk no later than 5 p.m..� Clerk's OEfice at 486-9310 (f you have any queslions i � ir�rii � � ! �� mall or hand delivor to lhe i. Please call Ihe Borough JUL-06-B6 THU 04:SB RM FRED RND SHIRLEY THIEL 907 486 0256 P.02 '�� s� �� y- j� is l s� ��-�� s� C�� '�-�� a� � --, �,,� !��,e��y, , �� ✓� ' � ' �� ,D� .� ��- CC , .02�,� �� s Fmm: SHELLEY THISSEN To: Attn: TO WFIOM IT NV1V CONCERN Yourname: Date: &2812008 Tlme: 4:32:18 PM PROPOSED WOODLAND ACRES PAVINt3 D18TRICT PUBLIC HEARING COMMENTS Thi P�Opei'tyAddf6E5: 3514 Sean Circle, Knriiak� nx o4F�s Malling Addresa: P.O. Box 4425 xnd+ak AK 99615 Comments:. I would like to comment that I believe that the "Lot Value^ Assessment in the fairest way of Pays 2 ot 2 JUN 2 8 2006 dividinq the assesement for the paving and other necessary improvements. I will not be in Kodiak on July 6th but wish to have this comment as of the record. I am also COMPLETELY 1n favor of the paving and other From: SHELLEY THISSEN To: Attn: TO WFiOM IT MAY CONCERN FACSIMILE COVER PAGE Date: 62812006 Tme: 4:32:18 PM To : Attn: TO WHOM IT MAY CONCERN From : SHELLEY THISSEN Sent : 6l28/2006 at 4:32:16 PM Pages : 2(including Cover) Subject : RE: Paving Assessement Basis for Woodland Acres and Beyond.... TO WHOM IT MAY CONCERN, L�I CLERK'S OFFICE Pape 1 of 2 As i will be out of town on July 6th, I wish to submit this comment for the July 6th, 2006 meeting for establishing the basis of the assessment for paving and other improvements for the woodland Acres Subdivision and entire area of Puffin Drive and all side road including proper drainage facilities. Sincerely, Shelley Thissen v�\ �� , �� PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: �� S1� lC��c��r-- Mailing Address: Comments: - _ � ,l �'`�/ ISI.AND BOROUGH CLERK'S O Please return this form by fax to 486-9391, Email to niavierCc@kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 u.m. on Wednesdav, Julv 5. 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. Page 1 of 1 Nova Javier From: The Tripp Family [tripp1993@gci.net] Sent: Wednesday, July O5, 2006 1:19 PM To: Nova Javier Subject: Woodland Acres Paving Project Christine and Shawn Tripp 374 Teal Way Kodiak, AK 99615 (saxne mailing address) Commenu: I am in favor of paving the Woodland Acres Subdivision. However, the price seems to be far and above what was originally projected. I do understand that the cost of fuel has increased which leads to an increase in everything else including this paving project. I have heard from a number of Woodland Acres residents that an increase of approximatety $125 per month per household would be a hardship. I would like to see one of two things happen. Number one, the paving project proceed as planned with a smaller price tag or number 2, a modified project in wluch the main slreets in the neighborhood (Puffm, Gull, and Curlew for example) would be paved. The complainu from most people regarding the gravel roads come from the pot holes that develop in the fall and winter. These occur primarily on the main streets. Oprion 2 would eliminate tlus problem and decrease the cost to residents. I would also like to see Shazatin Road paved (I assume this would be done by the state.). This is the other road that becomes AWFUL in the fall and winter. Eluninating some dust and damage to vehicles due to rough roads is the main complaint. Paving the main sheets would solve part of these problems and eliminate new ones like speeding within the neighborhood. Thank you for your considerarion. Christine Tripp � � � V � _5 D JUL 2006 BOROUGH CLERK'S OFFICE �� ;�; � I � � 7/5/2006 PROPOSED WOODLAND ACRES PAVING �� B v� PUBL.IC HEARING COMMENTS � Your name: � a 5 �' i Q a n d r u �►�` 5�6 Property Addressa 7 �''�% `^�`" � ICE MailingAddress: y u�"� �+�' Comments: � '' he. C�rrwr�' asses� vn�fi" 'S r+vcl� 1 � _ .l _ . . � in..� �rne�.�� _ WL 4v'e � S � -r II 6P vo nhu "�a�', 1 � /i �e _ �-a .re� �,... o - • '-- a.._ _ d.. , i `Yi �� ..,,��a:.�c1 w ►� � � d ,' S�►� � Please return this form by fex to 488-9391, Email to n1avierCa�kib.co.kodiak.akus, mail or hand d'eliver to the OfFice of the Borpugh Clerk no later h on Wednasda Ju1 2006. Please call the 6orough Cterk's Office at 48B-9310 H you have any quas8ons. TOOfQj SNH9NIQ2IV 69SS 9B6 GOB %d3 OS�CO 900Z/SO/LO �pL��¢Q�� 07/05/2006 2:16 FA% 907 488 5584 � . � n� ARDINGERS PROPOSED WOODLAND ACRES PAVING DfSTRiCT PUBLIC HEARING COMMENTS Yaur name: � 4 5 C,c� �� QXand Ya_ u f�� Propel'ty Address: _I 7 v s �C� w�- t/✓ Mailing Address: _ 7 y� f' r�r �L w ►�✓�l Comment5:� a S SP f wivvl�" i 5 1^� u �� c�rr±.�►� r�ooi z :,,.,. .....- ro r � - /? _ J , . :s L �L ... �. ..• �Y1 r '� 1z ii_y'J0 Ivi Please return this form by fax to 488-8384, Email to nYavier(a�kib.co.kotllek.ek.us, mail or hand deliver to the Office of the Sorough Clerk nstJaEer than 5 e m on Wedn�sdav. Julv 5. 2U06. Please call ttie Borough Gerk's Off'�ce at 45�9310 if you heve any quaetlona. PROPOSED WOODLAND ACRES PAVING DISTRICT PUBL HEARING COMMENTS ; Your name: � \ \e� \ `.� � a �� `�� I � Property Address: Mailing Address: Comments: �� V �I � � 0 N ]C W J C..i S I� 0 0 m /C/� � Please return this form by fax to 486-9391, Email to niavier(cilkib co kodiak.ak.us, mail or hand deiiver to the \ Office of the Borough Clerk no later than 5 p m on Wednesdav. Julv 5, 2006. Please ali the Borough ! Clerk's Office at 486-9310 if you have any questions. �--• A,� (�� --� s�' � � v -Cl, r �� ,�-, s �:�=(e� �- 30-06 �� C �P 3 - `D _ �.. m ,l�i PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: �Yn I � i�� . V i Cc� Ua��oss� PropertyAddress: �a� �vl� �t°(/J �1vQ� K�l�,l G�! ,t�1r—"� bLP1S Mailing Address: � �i{S ��%� Comments: � Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. � PROPOSED WOODLAND ACRES PAVING DISTRIC7110rnj'�I �_$� PUBLIC HEARING COMMENTS iw �w Your name: � V�4 i1/ �/l /�/ //V C•> -A h�0 PropertyAddress: L173 TE�L [A>.4Y l�oDlRk Arl Mailing Address: '"r % 3 j Cf} L bi�/i i� ��o0i�k� /�- l'� Comments: aT rHC �u,e2F�i rsT�,�.�TE� vsT � o N��,Eow��r,e� !�}NI � G,� ��✓ s r TN c P�°o OosEp �nGr7L qN0 AG�2�S P.a,�,n��- tT S�Er�t i.INFA�R 70 HOMEOU�NE,eS For� �rHEr+ �'a BL-A�E. 7y� Eni ��2F fosr o F THE Pkv,� cLT WNE�✓ SaM E d F Tr/� wsr , IS FoRh9,4i�,/Tp,��4n•�G A.�iDF/2o/"i PG'0�2. PL��yi�,/� �02 �iCAiY//'� WN FN 7'H� G�LVE2T wA5 �uT iN�9T TNE �NP f�F' TTL.4L U/f�� t 1N,�C2iLl�f.� Tff� h'o2oclGf/ , �N Cyl NGc �N I T u �.4 S iD �/f � C ff �ENO fF T.4 B/�!%.4NC•-L E� /�!o i H/NG- 1,v<l5 Dvi✓� ,1g �-s o 5� ��G2AL 7'i�� E S�� vF l.4LtE0 ABoN* PK��=�1%5 f.0 tTH O�Al�i}F F iN Fi2oNZ c�FhJYffDUSF� ��v f�l I I Y I G-nT .f/c� � SPcN� S Tt/auGN FiN.¢L L Y T�/C C�� i�Gln(��i2 L/{�1� O�lT A/�O �l�/✓Dtt�LLO6ED l /��4/%.A��,POOJ�C/L% /'�bRF 2'rCFn�TLY (WRS TO�-D NoTN�i�//T WvuLO i�C 00�✓� �i�ccU t��G,q��s� TNC.�F�.�B�-c�-t wou�0/�E FlX�D �u��v�/��F✓��v6_ �kys� GXA-M1�L� 5�fo�.0 cc�ST '�I,AT SNouLO/i/oT BE BoiE'.i�/ gY i NE Ho�tl,=awN,E� L� l�! h'�FFLE 1� il0�.v 7%iF �ST /.Ll�¢TE iv�'�7" F,P�c�1,�`Si� 77).��% I/✓�/y��,s' Please return this form by fax to 486-9391, Email to niavier(tilkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Please call the Borough � Clerk's Office at 486-9310 if you have any questions. � /}t �1/� , �`��z2.. �� '� _ �� /�(�/ w� , _ � / \1 6 c �� PROPOSED WOODLAND ACRES PAV�NG DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address Mailing Address: ` Y� ��. � Comments�� S � � �e ��L c'—�-1 c�'1 � ti � 1� � ' � .il� i1 � � i�.�� ► • 1 i � � � ` "l i ►Ii► ry • • , . E —. __ `` �� :�I �, , i, �. �_„t� �' � 1 � 1:� �i�1:►��l�l�(I � � �_ � /�1. "• ' 1 Please return this form by fax to 486-9391, Email to nlavier(cilkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p m. on Wednesdav, Julv 5, 2006. Please call the Borough Clerk's Office at 486-9310 if you have any questions. t^�' a � rl .„L .,,� U.g- � ��'- vv�V �'ed � r��'r'ti., .� � r�w� �M �, G � � � � � �.p��-(� 11� . � PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: S GOrT 1.✓ pOp i�-�- Property Address: 3 S—/� I-��2L1� Q v lN c-T Mailing Address: S,s�,� Comments: ')''fF� D�R� 120.�n �o�S .var t3o�"HEk �rE Q�r 7-u� cos.— oF A P�ivFO Rd.44 l�o�f. P.4✓E4 Ro�l� DO /1/07' �yF �= n TH F M4/.[�T.� i.✓�.✓c/= pF .d A/RT R4�0 .$�p = tid �1/U%� �"�l Nl( 7�1� f- GDSi VS l3 ENl-��T I S I� M i F4-VO2 B��" YUVftS i'1 r' l>�t( v��- W�Y !S D�/17— �.yD r H�vPE M Y R0�40 4�i �� S� -4-Y THr_- S,4.K,C. ��.vr- r�Y na�� Y r�E S,9-nti�' �r7•wF �1-s � N� dio.40 7"h� E�I/ I FF_ G_ L T�lf F Gd.S % I„/ILC.. /3F ,7'VSiIF{6p� TF Ma'�" T_ VU�`� /V� THa�vICS� t t �___L�.��C�1(i' Z�' T�y Ula Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav. Julv 5, 2006. Please cail the Borough Clerk's Office at 486-9310 if you have any questions. Page 1 of 1 Nova Javier From: Tara Woodifl 'w ' I@yahoo.com] Sent Tuesday, July 04, 2006 1• 1 AM To: Nova Javier Subject: Woodland Acres Paving Project I live at 3516 Harlequin Court. I am NOT in favor of the paving project. The $120 monthly fee is too much to pay for the next 15 years. IYs outrageous! My husband and I aze planning on selling our house in less than 2 yeazs and we're concemed with having to tell prospective buyers of this monthly fee. Also, a paved road is not necessary for our street since we live close to Rezanoff. Thank you for reading my opinion. S,�'ncerely, �'ar�Woodill �.� Yahoo! Music Unlimited - Access over 1 million songs. Trv it free. 7/5/2006 � PROPOSED WOODLAND ACRES PAVING D PUBLIC HEARING COMMENTS Your name: PropertyAddress: ��17 Cw �N� Mailing Address: P� D �2c �g � t�� ti�-' Comments: lL� �-�v✓ 'h.A -�'� l l�w u vw �e.0 S-�s-v� S' � �1 cos4s N 4.(�T �_ (j�/Oi PF� � �l re��,d� JUL - 5 2006 D OfFICE � vti s1'�tr� s � 1 v � � ,�� / `, �i i • U-�� Please return this form by fax to 486-9391, Email to niavier(a�kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesdav, Julv 5. 2006. Please call the Borough � Clerk's Office at 486-9310 if you have any questions. �� i"l�l� W'�� pI'(y[�� M%%%�� i� �,C�l� �o"Ckl� lXti `,�,(x�'P.'f�F� M�� x��c�y ) wa��v�N� a�a-� � �� wo�.�� c�� 6 s� �m.s 2��-n �,��.,,p,,�,�T -� ��v� � � 1� C Page 1 of 1 Nova Javier From: Af rAu��kzut�ue @gci.net] Sent: uesday, July 04, 2006 9: PM To: Nova Javier Subject: Woodland Acres Paving Importance: High The below e-mail is from the residents at 373 Teal Way, James and Sarah ZurFlueh Good Morning / Afternoon, We would like to make sure that we have our opinion noted with the Kodiak Island Borough prior to the public hearing on Thursday the 6ih of July, 2006. We have been at our residents for approximately 5 years now and have been for the paving of the Woodland Acres Subdivision. A few years ago we were told an estimated amount of less than $5,000.00 per lot. This was a very agreeable amount and we were looking forward to the pot holes disappearing. We waited... And then waited some more, only to receive a letter in the mail telling us we will be paying almost $14,000.00 to have our roads paved. This letter was very upsetting. As a resident of the Woodland Acres Subdivision we don't feel that we should be paying a price that has tripled in the past few years because of errors made by the Borough. Another one of our concerns is the fact that we are paying for not only the paving, but the drainage and sanitary sewer improvements to other lots in the division. These are improvement that should be made regardless of the paving and should NOT be included in the price of each home owner. This is one home owner that is against the current proposal of $2,579,646.00 to pave the Woodland Acres Subdivision. We hope this proposal is turned down. Thank you for your time. The Zurflueh's James and Sarah 373 Teal Way Kodiak, AK 99615 907-486-4650 l�L��UI� D JUL - 5 2006 I . BOROUGH CLERK'S OFFICE 7/5/2006 � ,, .� � � �° n , �G ��/� �i J �^ / � Page 1 of 2 Nova Javier From: Cheryl & T Rouse [cherylk@pt' laska.net] Sent: Monday, July 17, 200 . P (� ^,,,, To: Nova Javier A;a � %ODIAK ISI.AND BOROUGH � Subject: Woodland Acres Paving ct,ett[c's oF'FtcE COPI D TO: ASSEMBLY MAYOR � Ty & Cheryl Rouse �ACER.----�A - — 3569 Puffin Dr �(iQ �KG,� j�� PO Box 2725, Kodiak ��IL� �.__pl � GuX,U I realize that I am writing after the fact, but I wanted to add my comments to the many already on file. I hope you will read (and not delete it because it is after the meeting time frame) and pass along my email to the Assembly members and anyone else that will listen. I hope the Assembly reallv listens to what we all are saying. I was unable to attend the meeting on July 6th due to a prior commitment. I did catch the tail end of the public comment session in regards to this paving issue. I agree with the majority of the other property owners that spoke up, I can't afford what the Borough is wanting to charge us to have paved streets. Of course I would love to live in a paved subdivision where we might not have to deal with quite as much dust. But not at the outrageous cost you are wanting us to pay out nor the length of time you are saying we would be stuck with this debt---regardless of how short or long a time we live in the area. OUTRAGEOUS is the only thing that comes to mind. I wonder how it is that Trinity Island Subdivision is a much newer area than Woodland acres and yet they were able to have paving done in that area so much sooner than Woodland Acres. And what were those property owners charged? We only purchased our home in March 2005. So we haven't been in it long enough to have built any equity to be able to move without incurring a great loss. But if go ahead with this greatly protested paving project that is only going to add additional costs to everyone, we will never get ahead. My husband is a commercial fisherman and we all know how that industry just keeps going further and further down the toilet. Luckily I do have a full time job to help add to our living expenses. People are barely making it in this town as it is, if they keep making the changes to the fishing industry that they are, I'm afraid Kodiak is going to see a mass move out of people because we can't make it in the fishing industry. We won't be moving because we want to, we'll be forced to move because of the continually rising cost of living and the downfall of the fishing industry and the lack of support for the fishermen from this town. We have lived in and worked in Kodiak for the past 25 years. My husband is a hardworking fisherman that truly enjoys his work. He doesn't want to have to find a new career at this stage of his life. So he plugging along and works practically year round to try to make a decent living. We aren't big highliners just modest hard working individuals that are trying to keep our heads above water and make a decent living. Money is tight enough as it is without the Borough adding this senseless extra burden onto us all. In the Kodiak Daily Mirror Letters to the Editor on Monday, July 10, 2006, Jeanne Billings wrote about a Borough Assembly member that came by their house on the evening of ]uly Sth to discuss their opinion on the paving project. Even after they voiced their objections to the project, the Assembly member turned around and said he would push for it, most probably option No.2. Aren't the Assembly members voted into office to represent us in their district and what we want? How dare they act like they care about us when they don't listen and continue to do just what they think is best or what they want to do. What type of representation is that for us-the people that voted them into office in the first place? As Jeanne Billings wrote in her last paragraph, "]ust remember, we voted for you to represent us. Let the homeowners in this area vote yes or no for paving before you spend anymore of our money. And then, listen to what we want and do the right thing." We just can't afford it!! Sincerely, Ty & Cheryl Rouse Nova Javier From: Sent: To: Anderson [andersons05@acsalaska.net] Wednesday, July 19, 2006 1:50 PM Nova Javier Subject: Woodland Acres Paving District-Protest Letter Importance: High To Whom it May Concem: KODIAK ISLAND BOROUGH CLERK'S OFFICE COpIED TO: / ASS3MBLY V YOR "�RA�IAGF.R._��OT�' R Page 1 of 1 I would like to take a moment to protest the Woodland Acres Paving. I have not seen any propsal yet that makes any sense to me. I consider this paving to be a lusury and have many more necessiries to spend my hard eamed money on. With the money on a back burner, I have not been able to find a good reason to have our roads paved. I feel that if the roads aze paved we will be making things worse for the majority of the communiry and endangering our children even more. Currently mos[ of [he children in the community play and ride their bikes in the roads. I don't forsee this to stop. Also most of the tune I don't see parents ouside watching them, telling them that cars aze coming and to watch out. If the roads are paved cars aze going to have the abiliry to speed even more than they already do and I believe we will have more occurances of accidents. I lmow that as parents we should be the ones responsible for our children but it isn't our childrens fault that we don't. They shouldn't be at a higher risk because of the paving. Also in Kodiak the paving doesn't make a difference in home sales and purchases. People have been buying and selling houses on gravel roads just as well as on paved roads. It is the house and community that are desueable. If there is a drainage problem that has to fixed that is something that we need to deal with but the gravel roads are de£matley not a problem. In closing I would like to thank you for your time and I hope you send out another mailing with a final vote before proceeding with our futures. Sincerely, Brian Anderson 3811 Coho Circle Kodiak, AK. 99615 (907)481-2979 7/19/2006 Public Hearing comments, Woodland acres district Nova Javier From Sent: To: CC: Hanson, Paul [PHanson@alascom.att.com] Wednesday, July 19, 2006 3:19 PM Nova Javier phh@acsalaska.net Subject: Public Hearing comments, Woodland acres district No paving in Woodland Acres Ever! KODIAK ISLAND BOROUGA CLERK'S OFFICE / COPPjLFD TO: ASSEMBLY MAYOR MANAGER�OTHER Page 1 of 2 This paving issue has been defeated many times and like a blood sucking Vampire it keeps coming back! I'm convinced that this will be rammed down our throat, like it or not. First, I am satisfied with the quality of Dirt Road maintenance in the area thus far, except I don't like the snow berms deposited in front of my driveway. I have 9 additional issues I would like to share. 1. Paving projects on Kodiak arterial roads don't hold up. Remember Mill Bay? Look at Resonoff. Pu�n and Curlew, if paved will need to be resurfaced long before 15 years, once started the assessments will never end. Forget about doing it right with Sidewalks Curbs and Storm Drains. We can't afford to do it wrong. The Price! 2. The project is fat with fixes to drainage and Sewer facilities that are deficiencies created by the developers signed off by the Borough. Sewers were not blasted deep enough and inadequate storm drainage was permitted. Many area homes require sewer liR stations and sump pumps. This project will not change that. 3. There is continued development in and around the area. Heavy trucks and machinery will prematurely destroy the new road. Alaska Business magazine some years back stated one pass of a fully loaded tractor trailer stresses a road to the equivalent of 22,000 cars. Big trucks kill roads! 4. Biack-top pof holes will be more problematic than the Dirt wash-board we get. The corners @ Puffin /Curlew and Puffin/ Sean will be full of pot holes in 18 months, only now you will add cut side walls and bent rims to our budgets. 5. Black ice will be a new problem. Particularly at the corner of Puffin and Curlew. Where cars at the Stop sign wait to be T-boned instead of proceeding thru as would happen with different signage there. Recommend Yield Curlew, Stop coming out of Puffin Circle. 6. Could this be about "maximizing Borough revenue long term", before the air goes out of the housing market? It feels like an equity grab to me. 7. Any Increased assessed value will not translate to increased sale price, The property leans will immediately evaporate homeowner equity. 8. 7.5%, ThaYs rude! I want to know what the total lump sum figure is and if I pay that would I be exempt from "unforeseen cost overruns" ? 9. Dust, by my count a 4:1 majority of property owners in this service area have their home front in a Cull-De-Sac's, not on thru streets. We paid premiums and chose those lots because of the advantages of reduced traffic - slower traffic - less dust, and noise. I don't want to pay forever for someone else's poor choice. I call for the disbandment of the Woodlands acres Paving district once and for all. They have wasted enough of our money. Even if we knew how we certainly can't afford to do it right, now or ever. Lets stake this Vampire! Paui H. Hanson 3584 Patrick Court Woodland Acres. 7/19/2006 Nova Javier From""":/// Eric McFarliate2mcCa�q_ ci.__�__ne � Sen�Tuesday, July 25, 2006 9:02 AM To: —T7ova Jd� Subject: Fw: Woodland paving district Reply ta Mr. Mel Stephens letter: KODIAR ISLAND BOROUGH � CLERK'S OFFICE COPIED TO: , / ASSEMBL� 1NA+Y�Rv MANAGER OTHER Page 1 of 1 I read your letter and I want to tell you personally how I feel about the cost, however I will fonvard my response to the clerk as well. I emailed ali assembly memebers earlier and spoke to you voicing my concerns over the cost. I live on Sean Circie and I don't want paving as the 9048.00 number is hugely expensive and wouldn't even pave my road. It would in the end cost me thousands more in interest. I may be asked to pay again to pave my road in the future and I'm sure my paved neighbor won't be asked to share that cost. I don't want paving at all. Thank you for your thought and concern and thank you for caring what we need. This project can and will alter the financial stability of many lives if it goes forward. Please vote no. Respectfully, Joanna and Eric McFarlin 7/25/2006