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2006-08-03 Regular Meeting
Kodiak Island Borough August 3, 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 ss.f2�aa�1 Agenda • Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of July 6, 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 — None. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number486 -3231 A. State of Alaska Alcoholic Beverage Control Board NEW Seasonal Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive,Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. Kodiak Island Borough Assembly Agenda August 3, 2006 Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. B. RESOLUTIONS — None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. D. OTHER ITEMS 1. Appointment to the Personnel Advisory Board. 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. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Board Regular Meetings of May 16 and June 2, 2006. 2. Gravel Task Force Committee Regular Meetings of June 5 and July 3, 2006. 3. Parks and Recreation Committee Regular Meetings of May 9, May 23, June 13, and June 27. 4. Planning and Zoning Commission Regular Meeting of June 21, 2006. 5. Service Area No. 1 Board Regular Meeting of May 17, 2006. B. REPORTS — None. Kodiak Island Borough Assembly Agend August 3, 2006 Page August 3, 2006 — 7:30 p.m. Regular Meeting 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 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. AP AL OF MINUTES k�� • K odiak Island Borough Regular Meeting of July 6, 2006. 6. A W A RDS 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 — None. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486- A. State of Alaska Alcoholic Beverage Control Board NEW'L quoense Application for Kodiak Lodge at Larsen Bay, Lot 12 Mariha View Drive,Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. Assembly Agenda August 3, 2006 Page 1 DRAFT Assembly Chambers 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. B. RESOLUTIONS — None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $8,000,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. D. OTHER ITEMS 1. Appointment to the Personnel Advisory Board. 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. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Board Regular Meetings of May 16 and June 2, 2006. 2. Gravel Task Force Committee Regular Meetings of June 5 and July 3, 2006. 3. Parks and Recreation Committee Regular Meetings of May 9, May 23, June 13, and June 27. 4. Planning and Zoning Commission Regular Meeting of June 21, 2006. 5. Service Area No. 1 Board Regular Meeting of May 17, 2006. B. REPORTS — None. Kodiak Island Borough Assembly Agend August 3, 2006 Page ASSEMBLY WORK SESSION July 13, 2006 BOROUGH CONFERENCE ROOM Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Mel Stephens, and Barbara Williams. Absent was Assemblymember Cecil Ranney. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Finance Director Karl short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. The work session started at 7:30 p.m. CITIZENS' COMMENTS Peggy Tuttle speaking reference Woodland Acres Paving requests that they pave the entire area if they are going to pave. She lives on Plover which is a newer street and would not need much prep for paving but at the same time she would be paying for the prep in the other areas. Peggy does not want to be put in the position of paying twice — for the main roads and then her road. Bonnie Troth speaking reference Woodland Acres paving believes that 90% of the problem is with the main roads. Sharatin is a bad road; it is dusty and is the main access for other areas. She is asking that the Borough do something and not continually postpone. Steve Bonn spoke on behalf of street lights for the Spruce Cape area. His main concern is the safety of the children. More and more traffic coming through that residential area and they have no bus shelters. Petition has been passed around and copies of petition are in packet. Julie Coyle spoke regarding Woodland Acres Paving, asking the Borough to pave all the streets, if they decide to pave. She would like to see it done and her opinion is that they will pay for it. They will find a way. Julie also spoke about the Spruce Cape street lights in that she is a bus driver in that area. She stated that it is so dark in that area that you can not see the kids and there is no bus shelter for them at this time. Heather Parker spoke as a resident of Woodland Acres. She lives on the main thoroughfare and she and her husband support the paving of the road. There is the issue of the cost. but feels that something needs to be done. Her home is also on a grinder pump. Mike Pfeffer cannot afford to pay for the project with any of the three options. However, he would like to see the project proceed. Entire cost of the project should not be the responsibility of the homeowner. Peggy Tuttle felt preparation of the roads should come from alternative funding. Burden of funding should be from the Borough. ITEMS FOR DISCUSSION 1. Spruce Cape Street Lights Petition Mary Bonn submitted a signed petition some time back and a letter from the Clerks office was sent indicating that the signatures were not submitted in a timely manner. She was later informed that rather than go through the petition procedure again, the Assembly could initiate an ordinance for a special assessment district. Discussion continued as to how a service district or special assessment district was formed. A street lighting district would be voted for, Bud would then work with KEA for estimates. Borough would front money and residents would then be assessed a mil rate. Mary Bonn Work Session Notes Presented to the Assembly on July 27, 2006 July 13, 2006 Page 1 of 5 reported that she had talked with KEA and that the color on the maps indicated where lights would go; by the transformers. Further discussion included if undeveloped areas could be included in the street lighting district. Problem would be that residents would be paying for the street lights for the undeveloped area. It was suggested that work get started in order that the lighting district could be on the October ballot. If it was voted for, the assessment would be made then. Williams and Branson pointed out the importance of clarification of the process to the voters and that the neighborhood be kept informed. Stephens questioned if it was a good idea to accept a petition that was untimely. Also clarified that forming a service district was not a consent of approving capital improvements. Direction was given to Gifford to draft an ordinance setting up Spruce Cape Lights Service District. 2. Non - profit Funding Assembly proceeded through the recommendations f or the nonprofits line by line as follows: It was noted that there were no new additional requests receiv ed this year. American Red Cross $ 7,000 Brother Francis — based on cost per unit. 38,000 Hope Resource 5,000 Kodiak Transit System 10,000 Baptist Mission — Food Bank 25,000 Counseling Center— Safe Harbor 21,060 Health Care Foundation 10,000 Women's Resource 46,000 Salvation Army 9,060 Senior Citizens 28,000 Special Olympics 7,500 Threshold Services quarterly payment 10,315 Subtotal - Health & Social Services $216,935 KANA W IC $ 12,000 KMXT 7,500 Kodiak Arts Council 15,000 Kodiak College 72,000 Kodiak Football League 3,000 Kodiak Girl Scouts 1,000 Kodiak Headstart 9,000 Kodiak Island Sportsman Assn. 4,000 Kodiak Little League 3,000 Museum Baranof 4,500 Maritime Museum 1,000 Teen Court 5,100 Subtotal — Education, Culture & Recreation $98,100 There was conversation that before the next budget period categories of the nonprofits be deleted and some nonprofits be omitted completely. Williams is not interested in funding the Health Care Foundation at all. She understood, along with Oswalt, that future funding would not be needed. Branson was in favor of increasing college funds, and Stephens challenged the authority of the borough to legally fund some of the non - profit agencies. Selby noted that the Borough had area - wide powers for parks and recreation. Work Session Notes Presented to the Assembly on July 27, 2006 July 13, 2006 Page 2 of 5 3. Bond Language Discussion Manager Gifford was requested to continue to work on the bond language for the upcoming election. PACKET REVIEW PUBLIC HEARING Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. Tom Anderson, Borough Assessor, has done the appraisal and Fish and W ildiife found has found the appraisal in line, and offered $20,000. Appropriate requirement of notices have been made at the time of the land sale. Authorize the sale of this property. Ordinance No. FY2007 -03 Amending Kodiak Island Bor ough 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. After discussion with staff, it is suggested that further discussion and work take place with Planning and Zoning. Ordinance w as found to be incomplete. UNFINISHED BUSINESS Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. Gifford understands that it is expensive and recognizes the three options previously given, and staff has come up with a fourth option with estimates given. Discussion about contribution f rom service district took place and Gifford thinks this is appropriate, sometimes using a formula on the amount of work being done, etc. A reminder that the service districts have not budgeted or planned for this paving. Selby explained that government accounting standards require that management costs are required to be charged. Area wide dollars for non -area wide expenses is prohibited by code. Gifford further explained administrative fees to include assessment, setting up billings, collections and recording liens. Project management expenses were explained as the costs of managing the project, possibly hiring a project manager, testing, etc. Lengthy discussions took place among the Assemblymembers and staff as to the different solutions possible to the Borough and the residents in paving Woodland Acres including the idea of annexing the area to the City, paving all roads, alternative paving methods, paving main thoroughfare, etc. Stephens reported that he is inclined to vote against all alternatives because of the hardships that the residents have reported. Stephens would like to see however, on the October ballot, whether borough should adopt area wide road powers. Conversation took place on advantages and disadvantages of area wide road powers versus service districts. Mahoney Service Area No. 1 Chair spoke to the idea of service area assisting with funding however the committee has not yet met. He sees it as workable but would need assistance from the Borough. Drainage problem was again addressed in that it was a problem created by the Borough and should Work Session Notes Presented to the Assembly on July 27, 2006 July 13, 2006 Page 3 of 5 be remedied at the Borough's ex pense. Abell stated that the original figures quoted for the project were "out of whack and based on Trinity Island project." The people agreed to pay $5,600 and if the Borough cannot do the job for that amount, they needed to remedy the situation. Assemblymembers agreed to some extent that firm figures were needed for residents to have a clear picture of options. However, Cassidy was comfortable with his estimates as being close. Arndt. Vice Chair for Service District One reiterated the expense of the project and that it would only go up with time. Raising the mil rate would not generate enough funds for the project. Arndt also felt, based on historical practices, the borough could f inance the project. Manager Gifford was directed to reword resolution to go out to bid for strip paving. CONTRACTS Contract No. 2007 -06 - Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2006 -2007. No questions. RESOLUTIONS Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding. No questions. OTHER ITEMS Waiving of the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year2005 fMr. Aaron Walton.) Assemblymember Stephens requested the amount. EXECUTIVE SESSION Borough Manager's Evaluation. MANAGER'S COMMENTS — Manager Gifford • Requesting through the Chamber of Commerce that Kodiak be considered a Coast Guard City. A letter being drafted for Mayor Selby to sign. • State of Alaska notified Kodiak of the availability of a number of grants. Manager in process of completing grant information and will submit to the Assembly. • Letter from Bud Cassidy and copies made available to Assembly giving an update on the existing pool. Memo indicates that Cassidy met with KIBSD, fire marshal!, and city inspector about the pool and there is a concern about the structure. Cassidy recommends that a structural engineer be brought in for expert advice. • Personnel Advisory Board introductory meeting scheduled for July 18, 2006 at 5:30 p.m. Objective of first meeting will be to introduce the board and talk about responsibilities. Work Session Notes Presented to the Assembly on July 27, 2006 July 13, 2006 Page 4 of 5 • Manager Gifford will be gone to AML/JIA July 24 and 25 . CLERK'S COMMENTS — Clerk Javier Travel information for AML meeting is in Assembly packets. Assemblymembers requested to contact Clerk's office if they plan to travel. MAYOR'S COMMENTS - Mayor Jerome Selby No comments ASSEMBLYMEMBER COMMENTS Williams — no comments Stephens • Concerned about borough's legal authority for non - profit funding. • Has a problem with borough assembly members being on non profit boards. It would be his suggestion that assembly members voluntarily resign off boards while serving on the Borough Assembly. Reed • Oswalt agreed with Mel about non - profit funding, serving on boards, and voting for funding. Abell • $25,000 gravel task force for testing — Bells Flats Pits coming up soon — need to know something to discuss. Gravel Task Force having problems making a quorum. • Providence Lease needs to be discussed. • Garbage /dump is being battered publicly. Why hasn't staff come to the assembly for suggestions. • Personnel problems are being relayed via e-mail. Why is the Assembly not hearing anything from the manager regarding this. • Will bring committee report at the regular meeting regarding his meeting at SW AMC. Jeffrey • Took a ride to Anton Larsen and observed more than 50 cars and boat trailers and it was a Monday morning. Curious as tow hat the status of ticketing, etc. Branson • Inquiring if Rick had sent out Rasmuson T ier 1 inquiry. There being no further business, the M ayor adjourned the meeting at 10:50 p.m. Work Session Notes Presented to the Assembly on July 27, 2006 July 13, 2006 Page 5 of 5 KODIAK ISLAND BOROUGH Regular Assembly Meeting July 6, 2006 A regular meeting of the Kodiak Island Borough Assembly was held July 6, 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, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E.F. Director Bud Cassidy, Assessor Tom Anderson, Community Development Associate Planner Duane Dvorak, Finance Director Karl Short, Clerk Nova Javier, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Basuel. BRANSON moved to excuse Assemblymember Cecil Ranney, seconded by JEFFREY VOICE VOTE ON MOTION 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 Meetings of May 18 and June 1, 2006. BRANSON moved to approve the minutes, seconded by ABELL BRANSON corrected the spelling for the Rasmuson Foundation in the June 1, 2006 Regular Assembly Minutes. VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS — None. COMMITTEE REPORTS — None. PUBLIC HEARING A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. ABELL moved to adopt Resolution No. FY2007 -01, seconded by JEFFREY Kodiak Island Borough Assembly Minutes July 6, 2006 Page 1 Manager Gifford reported the different options available for paving and financing terms for the project. Assemblymember Abell noted that he is a resident in Woodland Acres and declared a possible conflict of interest. Mayor Selby ruled no conflict of interest. Assemblymembers had general discussion about paving Woodland Acres, i.e., actual costs of paving roadway, approaches, options presented, drainage on Sean Circle, management costs, interest rates, alternate funding, service district role, etc. Mayor Selby opened the public hearing. Peggy Tuttle phoned opposing the paving with project costs of $14,000 and the maintenance costs at the expense of homeowners. Ms. Tuttle suggested finding optional funding for maintenance. Bonnie Troth would like paved roads but cannot afford the cost of $14,000. Tiffany VanSicklen would like paved roads but not at the present cost. Michael Pfeffer objected to the paving project at the present costs. Increased costs from 2003 to 2006 is the fault of the borough. Increase in value of home would not happen with the paving of area. Eric McFarlin objects to the paving project at the present costs. Michelle Powell believes that Kodiak is financially struggling and the project is too expensive. William Harsch would like to have paving but cannot afford the proposed assessment of $14,000. He questioned if the Borough had gone to the state and federal government for funds to help this project. Wendy Van Curen cannot afford proposed assessment. Tim Motis reiterated that people in his neighborhood do not want this project because they cannot afford it. Option 2 was a viable option to look at. Don Lawhead was in favor of the paving project. Dust problem and drain problems on Sean Circle are problems of the Borough, not just the residents of Sean Circle. Louise Stutes stated that she lives in an unpaved area and supported the people that were speaking against the paving. Federal government and state monies should be sought. Jean Billings opposed the paving project. George Reith phoned noting he was not a homeowner but wanted to clarify that the road assessment would have to be paid at the closing if the house was sold. Stan Thompson was not in support of the paving project. Matthew Corriere cannot afford the cost of the paving project. John Rauwolf was opposed to the proposal for economic reasons. Mr. Rauwolf plans to attend future Service District meetings. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 2 Shirley Thiel was totally against the paving and suggested that residents receive help. Joanna McFarlin reminded the Assembly that the Borough's decision influenced financial security of homeowners. They cannot afford $12,000 for this project. Mike Nugent would like to see the roads paved. He suggested that the Borough send it out to bid letting contractors know that it might not proceed. Harry Steven said he cannot afford the project; he would like the pavement but it is too expensive. David Horne thanked EF Director Cassidy for the options. He would like to have his driveway paved, and roads paved and could handle $5,000 to $8,000. Edward Coe was glad to see the options but cannot afford to pave. Willie Ron phoned and stated that he has not been assessed in the last 10 years. Dan Rohr spoke in favor of a per lot assessment, not a per lot value. He said final decision should be put out to vote by homeowners. Mary Holloway was in favor of the paving project however does not want to pay twice if the main roads are paved and not the inside roads. Peggy Rauwolf owned two lots and paving both lots would cost her approximately $54,000. She was not against the paving but cannot afford project. Bob Hatcher was retired and on a fixed income and the project was very expensive and families cannot afford it. Ann Kalcic owned a duplex on Harlequin Court and would like to see some paving but did not want to pay $14,000. Kay Steven has been beaten by the dust for 10 years and said main thoroughfare should not be assessed 100% to property owners. Julie Coyle brought petition around for paving originally. She cannot afford project as proposed. Clarence Selig phoned urging the Borough to step up to the plate. After a 10- minute recess, Mayor Selby reconvened the meeting at 10:05 p.m. Shirley Thiel opposed Mayor Selby's opinion indicating that taxes were not a concern. Ms. Thiel voiced that taxes were a concern and important. Tim Motis cannot pay twice for paving and residents should have the right to vote on this. He appreciated the guard rail installed behind his house. Julie Coyle thanked the assembly for the time and effort that has been given on this project. Agreed that homeowners need to have a final vote and assumed that a final decision would not be made tonight. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 3 Kevin Arndt cannot see how the cost for the project can come down. Option 2 paving Gull, Puffin, and Curlew was a good idea but everyone should not have to pay for it. Suggestions offered were creating a paving district and assessing a mil rate to start financing the paving. Michelle Powell asked if anyone tried to secure grants to help with this project. Mayor Selby said alternative funding had not been secured in that state budgets have eliminated road funding. Michelle Powell stated that the guard rail did not get changed until complaints were made. She would like to see more maintenance. Michelle would also like to receive responses to e-mails to the Boroug h. Mayor Selby closed the public hearing. ABELL moved to postpone Resolution No. FY2007 -01 to the July 20 meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams 8. 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.) WILLIAMS moved 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.) seconded by BRANSON Clerk Javier stated that this was a New liquor license application from the Buskin River Lounge. Per Borough Code, the Assembly was required to hold a public hearing and determine by motion if a protest to a liquor license application was to be lodged. After investigation, it has been determined that the borough has NO interest that can be protected by protest, there have been no trouble reports. Seventeen public hearing notices were sent and none returned. Staff recommended non - protest to the application. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell 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.) WILLIAMS moved 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.), seconded by ABELL Clerk Javier stated that the State of Alaska, Department of Public Safety Division of Fire Prevention recommended disapproval to the application until a plan review was accomplished. After further investigation, we found that Larsen Bay City Council voiced non - support to the application at their June 29th meeting. The Council voiced major concern about the sale of liquor if lodges get their licenses. They would like to remain a "damp" village. 43 public hearing notices were mailed out and Kodiak Island Borough Assembly Minutes July 6, 2006 Page 4 four were returned objecting to the approval of the license. Staff recommended protest based on the major concern expressed by the Larsen Bay City Council. Mayor Selby opened the public hearing. Sandra Katelnikoff called opposing the liquor license in Larsen Bay and submitted a letter to the Assembly noting her concerns about bringing liquor into the community. Mayor Selby closed the public hearing. Assemblymember Stephens was concerned about the legal status of Larsen Bay with respect to the sale of liquor. He asked what authority the City Council has to make the community dry or damp. Clerk Javier stated that it was necessary that she put the item on the agenda but there was not a problem if it was postponed. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens, Williams (Nos) 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.) JEFFREY moved to adopt Ordinance No. FY2006 -12, Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One, seconded by OSWALT Manager Gifford reported that the Commission found this rezone request was appropriate and necessary and they recommended the Assembly approve the rezone. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey 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) OSWALT moved to adopt 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), seconded by BRANSON Manager Gifford reported that 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. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt Kodiak Island Borough Assembly Minutes July 6, 2006 Page 5 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. WILLIAMS moved to adopt 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, seconded by BRANSON Manager Gifford reported that 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. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. Assembiymember Stephens stated that he would vote against this ordinance. Monies are paramount liens and the borough will never lose monies because of these unpaid bills. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Williams, Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens (No) BOROUGH MANAGER'S REPORT Manager Gifford said he was working on getting caught up from his vacation. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the City of Kodiak on the fireworks display. He also thanked Mr. Cassidy for securing FEMA monies for seismic studies. UNFINISHED BUSINESS None 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. BRANSON moved 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, seconded by WILLIAMS Manager Gifford recommended that the Assembly approve this contract for Economic Development Services with the Kodiak Chamber of Commerce for FY07 in the amount of $43,000. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams 2. Contract No. 2007 -02 Kodiak Island Borough Facilities Fuel Oil Delivery. JEFFREY moved 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, seconded by OSWALT Manager Gifford recommended that the Assembly approve this contract. It enables the Borough to purchase fuel at a bulk rate. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell. 3. Contract No. 2007 -03 Recycle Services with Threshold Recycling Services Inc. JEFFREY moved to direct staff to enter into contract negotiations with Threshold to award Contract No. 2007 -03 Recycle Services with Threshold Recycling Services, Inc. in the amount of $90,000, seconded by OSWALT Manager Gifford noted that Threshold was working with the Coast Guard regarding their recycling needs. Mr. Gifford introduced Matt Jamin, Board Member, for additional comments. Matt Jamin expressed his staff's appreciation for the support. Same model of business should be used over the next couple of months for pick -up of cardboard and paper at businesses. JEFFREY moved to amend the motion for Kodiak Island Borough to enter into contract with Threshold Recycling Services not to exceed $42,500 through September 2006, seconded by Branson ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey Mayor Selby thanked Mr. Jamin for devoting his time with Threshold. 4. Contract No. 2007 -04 New World Systems Corporation Standard Software Maintenance Agreement. BRANSON moved 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, seconded by OSWALT. Manager Gifford recommended to the Assembly to approve the Contract with New World Systems for the maintenance agreement for the period of July 1, 2006 through June 30, 2009 for the amount not to exceed $46,320. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt Kodiak Island Borough Assembly Minutes July 6, 2006 Page 7 B. RESOLUTIONS 1. Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan OSWALT moved to adopt Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation, seconded by BRANSON Manager Gifford recommended the adoption of this resolution in that it was no cost to the Borough and provides an option for the employee. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens, 2. Resolution No. FY2007 -03 Authorizing the Approval of Lease with the Chiniak Public Library Association. OSWALT moved to adopt Resolution No. FY2007 -03 authorizing the approval of lease with the Chiniak Public Library Association., seconded by BRANSON Manager Gifford noted that staff recommended that the Assembly adopt this resolution approving the lease with the Chiniak Public Library Association for a period of twenty -five years where the tsunami shelter is located. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams, 3. Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross OSWALT moved to adopt Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross, seconded by Williams Manager Gifford noted that staff recommended that the Assembly adopt this resolution approving the lease with the American Red Cross. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. BRANSON moved to adopt Ordinance No. FY2007 -02 in first reading to advance to public hearing on July 20, 2006. seconded by ABELL Manager Gifford reported that staff recommended that the Borough Assembly adopt Ordinance No. FY2007 -02, Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Stephens, Williams, Abell, Branson Kodiak Island Borough Assembly Minutes July 6, 2006 Page 8 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. OSWALT, moved to adopt Ordinance No. FY2007 -03 in first reading to advance to public hearing on July 20, 2006, seconded by WILLIAMS Manager Gifford reported it was recommended by staff that the Borough Assembly adopt 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. Assemblymember Stephens has questions but will save for the second reading. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey 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.) BRANSON moved 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), seconded by WILLIAMS Clerk Javier reported that this was an application for a restaurant designation permit to allow persons between 16 and 21 to dine unaccompanied, persons under 16 to dine accompanied by a person 21 years or older, and allow employment to persons between 16 and 19 years old at the Buskin River Lounge. This application will be approved by the ABC board if it is approved by the local governing body. Staff recommended approval of the application for restaurant designation permit. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt 2. Appointment to the Bay View Road Service Area Board. BRANSON moved to appoint Andy Teuber to a seat on the Bay View Road Service Area Board to expire 2007, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens 3. Declaring the Gravel Task Force Seats Vacant. JEFFREY moved to declare the seat held by Gene Anderson and Melvin vacate these seats permanently, seconded by ABELL Clerk Javier reported that at the last work session the Assembly requested to seats held by Gene Anderson and Melvin Squartsoff on the Gravel Task Force. Squartsoff vacant and completely vacate the Kodiak Island Borough Assembly Minutes July 6, 2006 Page 9 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Abell, Branson, Jeffrey, Stephens, Williams (Ayes), Oswalt (No). Clerk Javier noted at the last work session, the Assembly requested to keep the seat currently held by Howard Weston on the task force. BRANSON moved 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, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSL: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell CITIZENS' COMMENTS Clarence Selig phoned and noted he lives in the Beaver Lake area and has no dumpsters and the bear -proof dumpsters could not be opened. Charlie Davidson phoned asking for the status of crewmembers resolution. BRANSON moved to extend the meeting beyond 11:30 p.m. to take care of matters on the agenda, seconded by WILLIAMS ASSEMBLYMEMBER COMMENTS Assemblymember Stephens did not protest against liquor license in Larsen Bay because he believes that formal action should be taken by the City Council of Larsen Bay. The Borough code contains no provision which would permit deferred assessments for senior citizens for paving. The City code does. The question is whether we want to incorporate the deferment into Borough codes. Assemblymember Oswalt said a UV system was being installed at the Coast Guard Base pool and the use of the saline system are working very well. The Assembly should make a solid stand in getting these systems into the pool. Assemblymember Jeffrey thanked everyone who participated in the road paving project and encouraged residents to contact assemblymembers. Assemblymember Branson agreed with Mr. Stephens in tax deferment for seniors in road assessments. Assemblymember Abell hopes that the Clerk's office will send letters to people on Gravel Task Group thanking them for their service. Also made note that committee members in the village should know if travel is paid or not for these groups /task forces. Assemblymember Williams had no comments. Mayor Selby announced that the Assembly would 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. EXECUTIVE SESSION A. Borough Manager's Evaluation. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 10 BRANSON moved to postpone the manager's evaluation to the July 20, 2006 meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell Branson, Jeffrey Assemblymember Branson requested postponement due to the time of the evening. B. Matters Involving Negotiations with IBEW. BRANSON moved to convene into executive session to discuss matters involving negotiations with the IBEW, this qualified for executive session per KIBC 2.17.030E, matters involving negotiations with labor organizations representing borough employees, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell,Branson, Jeffrey, Oswalt ADJOURNMENT BRANSON moved to adjourn, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens The meeting adjourned at 12:00 a.m. ATTEST: Jerome M. Selby, Mayor Nova Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes July 6, 2006 Page 11 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 13, 2006 Item No. 9.A State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) 5.01.030 New license and transfer procedure. A.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. 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. After investigation, it has been determined that the borough has an interest that can be protected by protesting the approval of the application for transfer. There have been no trouble reports. On July 18, 2006, CDD staff completed a file code compliance review of the property described as Larsen Bay Tract A Block 16 Lot 12, Marina View Dr., Larsen Bay, Alaska. R- 1 Single Family Residential Zoning District per KIBC17.18.02 Commercial Eating & Drinking Establishments are not a permitted use in the R -1 Single Family Resident Zoning District; per KIBC17.03.080 "Land uses are not listed as a permitted use in a district are prohibited." Twenty -six public hearing notices were sent out on July 11, 2006 \ 4 s @ The City of Larsen Bay responded opposing the license. �� y License type is Lodge seasonal (May 25- October 25.) � rt` (� 4`6j APP AL FOR AGENDA: 2r Recommended motion: Move to voice protest to the State of Alaska Alcoholic Beverage Control Board for the NEW Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK, based on the recommendation of CDD staff regarding zoning issues and based on the recommendation of the Larsen Bay City Council. Member /Officer /Director: DOB Address Phone Title /Shares ( %) Robert H Maschmedt Sr 6/30/43 6895 Swanson St Clinton WA 98236 206 - 972 -0029 President 80% Robert Maschmedt Jr 2/24/65 5617 NEY r St Vancouver WA 98661 360 - 695 -5149 Shareholder 20% Don J Maschmedt 5/17/67 33404 135 PL Auburn WA 98092 306 - 364 -6304 Secretary 0% Corp /LLC Agent: Address Phone Date and State of Limited Partnership Good standing? Steve P. Gray 326 Center Ave., Ste 230 Kodiak AK 99615 None Given March 28, 1997 Alaska Yes Date of Notice: July 5, 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 State of Alaska Alcoholic Beverage Control Board 4621 Lodge Seasonal (May 25 — October 25) Kodiak Lodge at Larsen Bay Kodiak Lodge at Larsen Bay, Ltd Lot 12 Marina View Dr 3204 NE 123` St Seattle WA 98125 907 - 847 -2348 907 - 847 -2322 Fax 91- 1506630 TRANSFER Ownership Location Name Change Please note: the Members/Officers/Directors/Shareholders (principals) listed below are tl e 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, current license information: License #: N/A Current D.B.A.: Current Licensee: Current Location: N/A N/A N/A Additional comments: None. **Date of Birth * Doing Business As Cc: Kodiak Island Borough 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 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 Goveming 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 Meila yaramillo 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 -- 5.01.030 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 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 borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 5 -1 (KB 03/99) Su pp. #24 5 -2 5.01.030 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 Board. (Ord. 98 -09 §2, 1998; Ord. 86 -07 -0 §2(part), 1986). (KB 03/99) Supp. #24 Cc: File. Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mlvdickakib.co.kodiak.ak.us (907) 486 - 9361 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 MEMORANDUM TO: Nova M. Javier, Borough Clerk THROUGH: Duane Dvorak, Acting Director, Kodiak Island Borough / CDD FROM: Martin Lydick, Associate Planner, CDD DATE: July 18, 2006 RE: Review of Liquor License (#4621) Application for Kodiak Lodge at Larsen Bay to the State of Alaska - Alcoholic Beverage Control Board (ABCB). The Community Development Department (CDD) has reviewed the above referenced application for a new a liquor license located within the Kodiak Island Borough (KIB). On July 18, 2006, CDD staff completed a file code compliance review of the property described as; Larsen Bay Tract A Block 16 Lot 12, nhn Marina View Dr., Larsen Bay Alaska. Staff has made note of existing Title 17 — Zoning issues pertinent to this property and action. I have attached a copy of the Field Review Check List prepared by staff as part of this review. Attachments include: property location map. If you have questions, or require additional information about this review, please feel free to contact me at 486 -9361. p rCEVVE JUL 1 8 2006 D . BOROUGH CLERK'S OFFICE \ \ Dove \departments \CD\Alcohol Beverage License Memos \Kodiak Lodge at Larsen Bay \Memo to Borough Clerk_Kodiak Lodge at Larsen Bay.doc CURRENT USE Multiple detached dwellings DATE ESTABLISHED Unknown — no permits on file BUILDGING SIZE Unk "AS- BUILT" ON FILE? No OCCUPANT LOAD Unk PARKING CALC Indeterminate PRK'G PLAN ON FILE? No SIGNAGE Unk LOT SIZE 70,300 square feet ZONING R -1 Single Family Residential Zoning District per KIBC17.18.02 Commercial Eating & Drinking Establishments are not a permitted use in the R -1 Single Family Residential Zoning District per KIBC17.03.080 "Land uses not listed as a permitted use in a district are prohibited." ACCESS Gravel road DATE July 18, 2006 STREET ADDRESS Nhn Marina View Dr. LEGAL DESCRIPTION Larsen Bay Tract A Bk 16 Lt 12 OWNER Larsen Bay Properties, LLC MAIL ADDRESS 3204 NE 123 St., Seattle, WA 98125 TELEPHONE No. (206) 972 — 0029 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 FIELD REVIEW CHECK LIST PURPOSE OF REVIEW Application for New Liquor License (#4621 — Category: Lodge Seasonal) COMMENTS / NOTES Assessor's recent field survey incomplete on this date REVIEWER M Lydick, Associate Planner, CDD Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mlvdick (907) 486 - 9361 11 Doveldepartments1CDWlcohol Beverage License MemoslKodiak Lodge at Larsen Bay\Field Rvw Kodiak Lodge at Larsen Bay.doc Page 1 of 1 Larsen Bay l'ract A Blook16 Marina View: Dr: Current Zbiling Kodiak Lodge at Larsen Bay kef. Application for New Liquor License Legend roads Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residentia Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 0 500 1,000 2,000 1 I I wmueuwwuwe MWSA 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 informakon:USGS Digital Elevation Model Kodiak, Alaska. 50 feat intervals, Scale is 1:63360 Created in ArcGIS 9, NAD 27, Slate Plane 5 Parcel Information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. MEMO TO: FROM: DATE: SUBJECT: Enclosures ABC Notice Code Distribution Marylynn McFarlan' July 11, 2006 New Liquor License 4621 — Kodiak Lodge at Larsen Bay Rick Gifford, Manager Assessing Department Director Community Development Department Director Engineering and Facilities Department Director Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907J486 -9191 ECEOVIE N:\CL \LICENSES\2007 \Kodiak Lodge at Larsen Bay \NEW DEPT MEMOKodiak Lodge.doc D JUL 1 8 2006 BOROUGH CLERK'S OFFICE The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4621 License Type: Lodge Seasonal (May 25 — October 25) D.B.A.: Kodiak Lodge at Larsen Bay Licensee /Applicant: Kodiak Lodge at Larsen Bay, Ltd. Location: Lot 12 Marina View Drive, Larsen Bay, Kodiak Per 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 to approve the transfer or issuance of a new liquor license 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. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Tuesday, July 18, 2006. The afriV1Wriiiti 2>%tfi Department has an interest, "ich canoe protected by protesting the application for transfer. Please indicate the interest to be protected: r f; de n Jr, Signature: / 1 /T Date: M0 The Department has NO interest, which can be protected by protesting the application for transfer. Signature: Date: Finance Director Building Official Fire Marshall on .;:. >i km? CITY OF LARSEN BAY POBOX8 . . • LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/FINCH 3137 MILL BAY RD KODIAK, AK 99615 LARSEN BAY PROPERTIES, LLC 3204 NE 123RD ST SEATTLE, WA 98125 KODIAK ISL HSG AUTH/MALUTIN 3137 MILL BAY RD KODIAK, AK 99615 JOSEPH & EVELYN SLUSSER 421 CURLEW WAY KODIAK, AK 99615 JOE MCCORMICK • • 19205 40TH AVE W. #B4 LYNNWOOD, WA 98036 • KODIAK. ISL IISG AUTILREFT 3137 MILL BAY RD KoDIu,; 9961$ KODIAK ISL I ISG AUTH/KATELNIKOF 3137 MILL BAY RD • KODIAK, AK 99615 KODIAK ISL HSG AUTH/CHARLIAGA . KODIAK ISL HSG AUTH 3137 MILL BAY RD 3137 MILL BAY RD 1 k KODIAK, AK 99615 . KODIAK, AK 99615 S& MALLORY I IAMILTON JR; 35.•$T \NCHORAGE, AK 99501 a-, KODIAK ISL HSG AUTH/ALPIAK OTT' 37 MILL BAY RD (ODLAK, :,K 99615 ALASKA'S KODIAK ISLAND RESORT 713 MISSION RD CODAAK. AK 99615 ;TEN IEN OBRIEN 'OLOX52.:-::.: . APEEN BAY, AK 99624 KODl: \FC ISL HSG AUTH/JONES 1137 MILLBAYRD CODIAK, AK 99615 BARK &SHEILA BEARDSLEY '0 BOX 398 ;RAIL, AK 99921 KODIAK ISL HSG AUTH/MALUTIN U37 MILL BAY RD..; CODIAK, AK 99615. ILEX & MABLE PANAMAROFF JR '.0. BOX 6 .ARSEN BAY, AK 99624 ELIZABETH & NEIL CHENEY 8976 HIGHWAY 1 ANGORA, MN 55703 ' KODIAK. ISL HSG AUTIUNAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 07 -19 -2006 01:26pm From -City of Larsen Bay 907- 847 -2239 7-088 P.001 /001 F -385 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 #: 4621 License Type: Lodge Seasonal (May 25 — October 25) D.B.A.: Kodiak Lodge at Larsen Bay Licensee / Applicant: .Kodiak_Lodge_aLLarsenlBY. Ltd. Location: Lot 12 Marina View Drive A public hearing will be held on Thursday, August 3, 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, Ausiust 3, 22 If you have any questions, please call us at (907) 486 -9310. Name: Ci-ty of (amen &w Mailing Address: Pc) P?ov Comments: fia . as 0 (nip? OA N: \CL\LICENSES\2007\KOdiak Lodge at Larsen Bay \PUBLICHEARINGNOTICE.doc JUL -2B -2006 11 FROM:LIEE SAFETY INSPECTI 9072695018 TO:919074869391 07y28/2006 09:68 907- 486 -9391 BOROUGH CLERK MEMO TO: FROM: DATE: SUBJECT: Enslosuraa ABC Norio) Coda Distribution Marylynn McFarland July 11, 2006 New Liquor License The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4621 License Type: Lodge Seasonal (May 25 - October 25) D.B.A.: Kodiak Lodge at Larsen Bay Licensee/Applicant: Kodiak Lodge at Larsen Bay. Ltd. Location: Lot 12 Marina View Drive, Larsen Bay, Kodiak Per ICJBC 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 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. Please Indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Tuesday. July 16. 2006, 4621 - Kodiak Lodge at Larsen Bay The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the Interest to be protected: Signature: Date: The Department has NO interest, which can be protected by protesting the application for transfer. Signature: Date: Rick Clifford. Manager Assessing Department Director Community Development Department Director Engineering and Facilities Department Director scinoceNmA lxn --i\ Qt a° N :1CLUJCFNFFAwnmuc,,,ua 1 Anna e„ . . . Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 y d , Finance Director Building Official Fire Marshall P. 1/1 PAGE nl 7 / 24 0 Co e -u3 ■ 5 COIn t 4Q.A 2P n.�1 p� M NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4621 License Type: Lodge Seasonal (May 25 — October 25) D.B.A.: Kodiak Lodge at Larsen Bay Licensee /Applicant: Kodiak Lodge at Larsen Bay, Ltd. Location: Lot 12 Marina View Drive A public hearing will be held on Thursday, August 3, 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, August 3, 2006. 6 If you have any questions, please call u at (907) 486 -9310. - Name: �n �m Mailing Address: Comment — sT — Fvw4. cut, nvxnu t \ Lekiv3efn vv\u, er, cLif\c M Le o(0 (. IA) t 3 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -939 71'-i are- -e-h r \Kodia Lodge at L rsIn c`Uo 15rn 12E C Ee JUL 2 4 2006 D BOROUGH CLERK'S OFFICE l o kle t m5 Jr) o_cohal Ve(�t ( ccv - (zdH �r Gg EUen t.,005 R oJ co I DTI . dac prey-At (A is vin - Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -93 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4621 License Type: Lodge Seasonal (May 25 — October 25) D.B.A.: Kodiak Lodge at Larsen Bay Licensee /Applicant: Kodiak Lodge at Larsen Bay, Ltd. Location: Lot 12 Marina View Drive A public hearing will be held on Thursday, August 3, 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, August 3, 2006. If you have any questions, o� 7/2 "" please call us at (907) 486 -9310. Name: . ) , (Am1L4 _ 1), l; oxx C` 3 Mailing Address: / C� 2J i . r Gtfl,'j1 / , 42. 99 A Vitt; 10— i Comments: (.DJ -e 1 0-1 . 1 0 1 n ' ,rJn. -444 Saar t A . /7 _ tL J Ct,'ru/ l 90413 five" zuf-s-e,c ' Z-dd ,n2 tZ r o &A et 818 N: \CL \LICENSES\2007\Kodiak Lodge at Larsen Bay \PUBLICHEARINGNOTICE.doc Hi, Nova Javier From: Rick Gifford ent: Thursday, August 03, 2006 2:34 PM To: Nova Javier Subject: Kodiak Lodge in Larsen Bay To Mayor and Assembly Members At last week's work session, Assembly member Stephens asked about the zoning protest against the Kodiak Lodge's liquor license application. In particular Mr. Stephens wanted to know if the lodge would be grandfathered in. The answer is no, there are no grandfathering rights. Nonconforming uses are governed under KIBC 17.36. To be allowed as a nonconforming use, the facility would have had to have been in use prior to June 5, 1980. Records in the Assessing office show that a facility wasn't built until sometime in 1991. The Kodiak Lodge has not applied for a zoning compliance permit, nor have they requested a re -zone. The lodge is located in R -1, single family residential zoning district. Please note that there are several of these types of violations located around the island. The goal is to complete the Borough wide Comprehensive Plan and then to attempt to address the various zoning violations and issues. If you have any questions, please contact me. nks Rick Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907 - 486 -9301 Fax: 907- 486 -9374 Email: rgifford@akib.co.kodiak.ak.us 8/3/2006 Page 1 of 1 ca g Fr 2 O a 17, Q 0 E c C 0 0 ci c). c ? ' E o ` 0 0 C 0 r C 0 o 0 O` ) U 0. 3 a ct 9 0) o va > O 3 0 N 0 0 0) U > l 0 C U 0 V c Q) 0 co N — 0 y n N co 0 N O 0 c v O • O N N cove • Ico 0 0 c 0 O C j' N • t v U ` 0 U 0 03 `c . a o O ` 0 ' N -_ 0 C yCO �E`o To m �- • to ri• a a c v c m g a . E 'o 'c 5 m 0 a 0 O • C 0 0 O o a00v C E V co f 0 (3 4 ` m 0) Q) c c a 0 E Q a Li O O co E r` E N P J o 7 (� C E c t6 3 0 m a E c E 0 O E O 0 /6 E e CU (00 La 1 W cu i» - 4*a c H 0 ` U) v- O • O R E W 0 m 1± V N C ro E e -- 8 u c r o 6 O m LL d N c > eC fC E N a 'c S F 5 • c T. To To c c c Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 3, 2006 Item No. 12.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: Recommended motion: Move to adopt Resolution No. FY2007 -01. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -01 Requested by: Manager Gifford Drafted by: E &F Director Cassidy Introduced: July 6, 2006 Public hearing: July 6, 2006 Postponed: July 20, 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 ")Jin 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 -01 Page 2 of 2 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 $11,130 704(1 -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 7070 C) 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 $25,000 814(1) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 815(1) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 816(1) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 818(1) 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 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. Ouantlty 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(1 A) 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 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #2 Storm Drain Improvements - Sean Circle Pay item Estimated Description of Rem 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 CPEP, 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) $8,000.00 $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 KODIAKISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM TO: The Honorable Mayor and Assembly of the Kodiak Island Borough FROM: Rick Gifford, Borough Manager DATE: July 24, 2006 SUBJECT: Senior Citizens in the Woodland Acres Paving District According to the Assessor's office, there are currently six (6) senior citizen property tax exemptions in the Woodland Acres Paving District. The following is from the City of Kodiak Code relating to deferring assessments for senior citizens: 13.20.175 Delayed payment for senior citizens. (a) Notwithstanding any other provisions of this chapter, assessment or assessment installments levied pursuant to this chapter with respect to real property which, at the time of passage of the resolution confirming the assessment roll and setting due and delinquent dates for payment of the assessments, is exempt from taxation of its assessed value under AS 29.45.030 by reason of its being a principle place of abode of a resident who is 65 years of age or over shall not be considered due or delinquent and any annual interest which may otherwise have been imposed against any such assessment pursuant to section 13.20.085 shall not accrue so long as said exemption remains in full force and effect. All assessment installments which have been deferred shall become due and payable immediately upon termination of the exemption and any annual interest assessed under section 13.20.085 shall also begin to accrue at that time. Nothing in this section shall be construed as releasing or otherwise affecting the assessment lien imposed by section 13.20.170. (b) No exemption may be granted under this section except upon written application for the exemption on a form prescribed by the finance director and in accordance with the following requirements: (1) The claimant must file the initial application during the period of time between the date the assessment roll is certified and the time of payment fixed by the council. Within one year of the date the assessment roll is certified, the council for good cause shown may waive the claimant's failure to make timely initial application for the exemption and authorize the finance director to accept the application as if timely filed. (2) A claimant receiving the exemption must file with the finance department by March 15 of each subsequent year a separate application proving eligibility as of January 1 in order to retain the exemption. Within the same year, the department for good cause shown may waive the claimant's failure to make timely application and approve the application as if timely filed. (3) If an application is filed within the required time under this subsection and is approved by the council, the exemption shall be allowed in accordance with the provisions of this section. If a waiver under this subsection is granted and the application for exemption approved, the amount of any assessment, penalty, or interest which the claimant may have already paid on the assessment shall be refunded. The city may at any time require proof in the form considered necessary of the right and amount of an exemption claimed under this section. (Ord. 1074, §10, 1998; Ord. 750, 1985 ..I 0 0 0 N C • • c 0 0 C CD c W U 7 0 CO 0 .0 7 a N CO O a N 0. 0 O m a 0 on L C O N m N O N 0 0 > @ a 0 E 'o 2 .6,C a) M - > ` C O X N N O — W a) C C w N O a) o Q o 8 E N O O) V • CO C N a) ' w N L .0 E C O o E C ca o E E o a 0 0 N N N N G - - L O N co m N d 0 O T 0 co m ° 0 d C N O C o E N O C •> . C H C it 0 N- LO 0 000 N 61' 0 0 O O O cco aD c0 0 0 0 0 N O CO � r r fV �i ' V) 69 N N C L f a) m E E C O C N . O o_ 0 W C .N a) N c6 C a7 0 m E LL U () O N d a) .2, O a) • 'O N ❑. d • co GO co N 43 .2 7 = 7 7 d C C C C 0 E E 2 2 CO If) 0 0 CO CO CO 69 D 0 E C N as 3 0 N d C E a) C E 0 E > 0 O. tn E o m U .. C co a) w t0 CO M CO N O iTt Q Q Fiscal Notes: ❑ n/a Account No. 100- 185 - 444 -110 Expenditure Required: $72,380 annually ❑ n/a Amount Budgeted: $60,000 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 3, 2006 Item No. 13.A.1 Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. This animal control contract between the City of Kodiak and the Kodiak Island Borough sets forth the scope of services, enforcement, care of, and disposition of animals within the Borough. This contract is typically a two year contract and will therefore expire on June , 2008. The last contract for this service previously was for the amount of $60,000. e City of Kodiak has indicated, in the letter attached, that the cost of this service will increase for the Borough in the amount of $12,380 annually. The annual fee for this service agreement will then be a total of $72,380. General Fund revenues are used to pay for this service agreement and are shown in the FY 2006 budget as an expense item under Health and Social Services. Recommended motion: Move to approve Contract No. 2007 -07 with the City of Kodiak for the period of July 1, 2006 through June 30, 2008 in the amount of $72,380 per year. May 15, 2006 Rick Gifford, Borough Manger Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Animal Control Services Contract Rate Increase Dear Rick: The Kodiak Island Borough's lease with the City of Kodiak for Animal Control Services will expire on June 30, 2006. The purpose of this letter is to inform you that the City of Kodiak will be requesting a few modifications to the contract, at a later date, and budgeting an increase for the services the City provides. The Borough's FY 07 cost for Animal Control Services will be $72,380, payable biannually. The revised contract will be sent to you office soon. Respectfully, Linda L. Freed City Manager c.c. Mayor and Council Mary Munk, Finance Director CITY MANAGER POST OFHCE 130) 1397. KODIAIC ALASKA 99615 TELEPHONE (907) 486-8640 MX (907) 486-8600 A. "KIB" means the Kodiak Island Borough. B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code and any amendments theret C. "Animal Shelter" means the City of Kodiak Animal Shelter. D. "Chief Animal Control Officer" means the Kodiak Island Borough Manager or his/her designee. E. "Complaint" means a request to the CITY for service or services. F. "CITY" means the City of Kodiak, its agents and employees. ANIMAL CONTROL CONTRACT Between the CITY OF KODIAK and the KODIAK ISLAND BOROUGH THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and CITY OF KODIAK, hereinafter "CITY," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS the KM adopted Ordinance No. 86- 16 -0(A) authorizedin� the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Code Subsection 6.04.150(C); and WHEREAS, the CITY desires is willing to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: Section 1. DEFINITIONS. In this contract: Section 2. SCOPE OF SERVICES. A. The CITY shall provide personnel, supplies, equipment and a facility to perform these animal control services set forth in this contract. B. No claim for services other than those specifically described in this contract will shall -be provided allowed by Kodiak Island Borough or tho Chief Animal Control Officer. The CITY may, however, at its own expense provide such other services as are appropriate and not inconsistent with this contract. Draft — June 2006 City/Borough Animal Control Contract, FY'06 —FY'08 Page 1 of 5 Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). A. The CITY shall employ Animal Control Officer(s) who shall respond to complaints in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or vicious dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance problems. B. The CITY shall assign Animal Control Officer(s) to patrol Monashka Bay, Spruce Cape, and Bells Flats on a regular basis. The CITY shall also assign Animal Control Officer(s) to serve Chiniak, and other remote areas on an emergency call basis. C. Animal Control Officer(s) shall issue citations for subject violations of the Animal Code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. Officers shall impound stray dogs and other animals which are subject to impoundment; when necessary bring animals into the Animal Shelter under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises where animals are kept; administer first aid to animals; participate in administrative hearings at the request of the Chief Animal Control Officer; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with domestic animal problems. D. Unless otherwise approved in writing by the Chief Animal Control Officer, tThe CITY shall provide around- the - clock, seven - day - per -week telephone answering service to accept and record animal complaint and information calls from the public. E. The CITY shall use its best efforts to respond in a timely manner to all complaint calls of an emergency nature (e.g. vicious animals, cruelty to animals, trapped animalsi received during working hours (Monday through Friday 8:30 am to 4:30 pm). A timely response is one in which the Officer arrives not more than seventy -five (75) minutes after the request for service has been made. F. Scheduled dispatch patrol and non - emergency animal control officer- response service shall be made available to the public daily, with hours apportioned over a five -day week so as to provide coverage for the heaviest complaint periods. Periodic adjustments in the times covered may be made as necessary. Section 4. CARE, REDEMPTION, ADOPTION AND DEPOSITION OF ANIMALS. Care, redemption, adoption and deposition of animals and hours of Animal Shelter operation shall coincide with those established by the CITY, as a municipal government, for Animal Control operations presently administered within the city limits, and the contract amount set accordingly. The CITY will provide the facility and furnishings, patrol vehicles, operating supplies, and insurance. Section 5. INSURANCE. A. The CITY shall provide insurance coverage in the following amounts: a: Worker's Compensation insurance the State of Alaska, including a minimum of $2,500,000 Employer's Liability coverage. as required by AS 23.30.045 or any other applicable statutes or regulations. b. Commercial General Liability insurance with a minimum of $10,250,000 per City/Borough Animal Control Contract, FY'04 —FY'06 Page 2 of 5 occurrence and/or aggregate combined single limit, personal injury, bodily injury, and property damage. c. Vehicle Liability insurance including applicable uninsured/underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. B. The following shall be Additional Insured's: The KIB, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primarily to the KIB, and not contributing with any other insurance or similar protection available to the KIB, whether other available coverage be primary, contributing or excess. C. To the fullest extent permitted by law, the CITY, agrees to defend, indemnify and hold harmless the KIB, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or other losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. D. A sixty (60) day Notice of Cancellation or Change, Non - Renewal, Reduction and/or Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this agreement. E. The CITY shall provide evidence of coverage to the KIB at the time that the contracts -are is presented to them for executiened, certificates of insurance and/or policies, acceptable to the KIB, as listed below: • Two (2) copies of Certificate of Worker's Compensation Insurance • Two (2) copies of Certificate of Commercial General Liability Insurance • Two (2) copies of Certificate of Vehicle Liability Insurance F. If any of the above coverage expires during the term of the contract, the CITY shall deliver renewal certificates and/or policies to the KIB at least ten (10) days prior to the expiration date. The CITY shall not commence with operations under this agreement until they have obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with carriers acceptable to the KIB. If the CITY fails to comply with the insurance requirements of this agreement, the KIB may terminate the agreement on ten (10) days written notice. The CITY covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with the CITY activity authorized under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. Draft - June 2006 City/Borough Animal Control Contract, FY'06 -FY'08 Page 3 of 5 Section 6. LICENSING. A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in the MB fee schedule. B. The CITY shall post a public notice in the Animal Shelter lobby, as well as initiate provide periodic newspaper and broadcast public service announcements stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY. Section 7. CUSTOMER SERVICE. The CITY will operate the Animal Shelter seven days per week, maintain published hours for public access to recover or adopt animals 5 days per week, and have available emergency response capability to access the Animal Shelter on a twenty -four (24) hour per day basis. Section 8. FEE COLLECTION. A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically transfer the amount collected to the MB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY's fee collection process. Section 9. CONTRACT TERM. This contract is effective from the date of execution through June 30, 20068. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. A. The Chief Animal Control Officer shall administer this contract on behalf of KIB. B. The Kodiak City Manager shall administer this contract on behalf of the CITY. Section 11. NOTICES. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: KODIAK ISLAND BOROUGH Borough Manager 710 Mill Bay Road Kodiak, AK 99615 CITY OF KODIAK City Manager P.O. .7710 Mill Bay Road Kodiak, AK 99615 City/Borough Animal Control Contract, FY'04 —FY'06 Page 4 of 5 Section 12. INSPECTION AND RETENTION OF RECORDS. The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine such records as well as any of the CITY's records with respect to animal control matters at all times during normal business hours and as often as KIB may deem necessary, including the period after the termination of this contract. The CITY shall permit KIB to audit, examine, and make copies and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CITY shall maintain all of its records pertaining to this contract for a period of not less than two years after termination of this contract. Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES. A. Upon condition of satisfactory performance in all respects by the CITY and subject to the remainder of this section, KIB shall pay the CITY a sum of $60,000 72,380 per year. The compensation shall be paid in semi - annual installments, July 1 and January 1. B. The CITY and KIB shall separately assume any legal costs associated with animal control enforcement within their respective areas of jurisdiction. C. The KIB shall be responsible for direct costs associated with the transportation, lodging, feeding and veterinarian services for animals outside the CITY that cannot be transported by the animal control officer and/or are not able to be lodged at the Kodiak Animal Shelter, provided prior written approval has been obtained from MB. Section 14. AMENDMENT OR TERMINATION. This Agreement will become effective July 1, 20046 and continue in force until June 30, 20068, except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party upon thirty (30) days written notification to the other. This Agreement may be amended by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below. CITY OF KODIAK KODIAK ISLAND BOROUGH Linda L Freed, City Manager Rick Gifford, Borough Manager ATTEST: ATTEST: Debra Marlar, City Clerk Nova Javier, Borough Clerk Draft - June 2006 City/Borough Animal Control Contract, FY'06 -FY'08 Page 5 of 5 July. 01, 2005 - Dec. 31, 2005 City Dispatched On Scene Borough Dispatched On Scene Totals Aggressive Animal 14 0 19 0 33 Annoying Dog 21 0 51 0 72 Annoying Rooster 0 0 0 0 0 Annoying Other 0 0 0 0 0 Cruelty 22 1 13 2 38 Loose Dog 118 24 53 15 210 Loose Other 6 0 8 1 15 Cat Traps 17 0 13 0 30 Feral Cats 3 1 1 0 5 Deceased Animal 10 0 4 0 14 Other 13 1 7 0 21 Totals 224 27 169 18 438 Citations Issued - 7 15 22 Stats Animal Control Factoids: 2005 Kodiak Police Department Animal Control Stats The following is a monthly breakdown of Animal Control Service Calls for calendar year 2005. The primary goal of the ACO is to maintain a safe community environment in which the citizens of the City and Borough are assured that animal control services are available and delivered in an efficient, effective and professional manner. This is accomplished in a variety of ways, but principally by patrolling the City and Borough to identify violations, responding to animal complaints and by issuing warnings and citations when appropriate. How are animal complaints reported? Animal service calls or complaints are commonly reported by telephone to the Kodiak Police Department. But sometimes when the Animal Control Officer (ACO) is on patrol they may observe a violation or situation with an animal that requires further investigation. This is known as self - initiated or on -view activity. • Who responds to animal complaints? The ACO is the primary responding officer for all animal complaints that are received when on duty. When the ACO is not on duty and the animal complaint occurs in the City, the Community Service Officer or a police officer responds. If the animal complaint occurs outside the City, the Alaska State Troopers will respond to the complaint, but only if life or property is threatened. In cases where the ACO is not the primary responding officer, information about the complaint is still forwarded to the ACO for review and if necessary case follow up. • Where do animal complaints occur? The ACO has jurisdiction in the City and Borough of Kodiak. Offenses can occur at any location where animals are. While the ACO has jurisdiction in the Borough, response to outlying communities such as Chiniak, Pasagshak and villages are evaluated on a case by case basis and are not automatic. • How are animal complaints classified? Complaints are grouped by classification under the following categories: Aggressive Animal, Annoying Animal, Annoying Rooster, Annoying Other, Cruelty to animals, Loose Dog, Cat Traps, Feral Cats, Deceased Animals, Other Animal Related Problems, and Citations Issued • When are warnings given? Generally, warnings are issued to animal owners for a first offense, unless based on the known circumstances a warning is deemed not appropriate, i.e. vicious or aggressive animal, animal cruelty or neglect. • What is a citation and when are they given? A citation in simple terms is a ticket which is issued for an alleged violation of an ordinance. A citation tells the violator what ordinance they violated, what the fine amount is and when they have to appear in District Court. Citations are typically issued when the violator has received a prior warning about a violation. Citations carry a monetary fine which is imposed by the Court upon conviction. • Are citations issued when an animal has been impounded? No. Citations are not issued to the owners of impounded animals. Instead, the owner must pay the impound fees and other appropriate charges, i.e. licensee fee and rabies fee. Animal Control Calls for Service 0) c.) d 0 O 4- t,1 ca U to O p N N r O N • t C • RS 0 d V t1) 0 L 0) 0 7 (6 O 0 . O N 00 0 0 O O) N O tf) r ✓ d ' O O O O N M r O r O O N 0 O O O O O O O CD 1 m U r If) O O J O 0) O r 0) O CO tti E rn O ti . ct N a y 'a a m w co it U d 6) .. t TO tV 0 u. 0 - O r N T r CO to tr) 0 r co E N U) N O O U3 c) O il JY O 0 O O O O N N co 01 N O r 0 0 M r O u1 0 M O O 0) O T O LID N Ca 0 LL i d N N N N O 7 O N 7 N N F N C7 N f0 • O 7 CO — a) G « ..0 0 p o m � a) ea ^O 0 . V. '" b E. .E r •`, 7 o o a •❑❑ 3 -0 a oa .:L U b O 0. U a7 N 7 rn 7 i U a) E O °a G h �� A a m w a3 U O n _ O V] N . 0 E. .- O q h .S r O ..0 as w Q a. 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C u m m — aa ai U - O C .a co .5 ° w > -, ro H 0 hb 0 0 o ¢= 3 0 'o m c r„ 0 o a O .a c e a e¢ la 0 w 0 _, 3 . 0 E. ate i o o 0 0 O p, 0 ., _ to a . -" o C a 0 c 0 0 ^ .n a, - d ' 0, i � 0 V •0� L C v cd o y w a o W a L. . a + .al- y co m L. a o a..� 0 W y A?' m ue a o to w ° v 3 3> = ., -0. ro O as a 3 o U 3 o 4 0 0 0„) • • • 0. � ., -V p F -t F ^ c a a • o0 a • 4 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 3, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -04. Item No. 13.C.1 Ordinance FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -04 Section 1: Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford Assembly Borough Clerk August 3, 2006 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE QUESTION OF ESTABLISHING THE SPRUCE CAPE STREETLIGHTS SERVICE AREA TO PROVIDE CONSTRUCTION, OPERATION, AND MAINTENANCE OF STREETLIGHTS IN THE SPRUCE CAPE SUBDIVISION AS REFLECTED ON THE ATTACHED MAP WHEREAS, on March 28, 2006, Ms. Mary Bonn submitted to the clerk's office formation of the Spruce Cape Streetlight Service area; and Section 2: a petition for the percent (50 %) of all signatures on WHEREAS, the petition contained the signatures of persons who own over fifty the real property within the boundaries proposed to be established; and WHEREAS, the petition was insufficient in that KIBC 4.050.030A required that the petition dated within (60) days of the submission of the petition; and WHEREAS, Ms. Bonn requested that the Kodiak Island Borough Assembly initiate the action per KIBC 4.05.020 instead of circulating another petition; and WHEREAS, a streetlight service area would allow for construction, ongoing maintenance, and operation of streetlights in the interest of public safety and neighborhood convenience; and WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) 4.05.040 provides that the assembly shall initiate any action to alter a service area by introducing an ordinance effecting the proposed action; and WHEREAS, KIBC 4.05.050 provides that the assembly shall consider the need for services within the area, and the feasibility of providing them, considering the area's size, population, and the facilities and services already existing; the assessed or estimated value of all taxable property within the area; the characteristics of the area indicating its cohesiveness as a community; and the area's ability to pay for the proposed service; and WHEREAS, KIBC 4.05.060 provides that an ordinance establishing a service area shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Classification. Section 6 of this ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Election. Upon the adoption of this ordinance, the following ballot question will be presented to the qualified voters in the area affected as shown on the map attached hereto, to place before the registered voters residing within said proposed service area the following question: Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 1 of 3 Section 3: Section 4: Section 5: Section 6: Sections: Section 7: ATTEST: "Shall the Kodiak Island Borough exercise the powers necessary to provide construction, operation, and maintenance of streetlights in the Spruce Cape Subdivision within the area indicated on the attached map? O YES O NO The map attached to this ordinance shall accompany the ballot. Qualifications. A person is qualified to receive an election pamphlet and ballot if their voter registration address is within the proposed service area indicated on the attached map. Election Date. The election date shall be the October 3, 2006 general election. Notice. Notice of the election shall be published not less than twenty days prior to the election in the form and manner specified in the Kodiak Island Borough Code of Ordinances section 7.10.060. Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding Chapter 4.150 as follows: Nova M. Javier, CMC, Borough Clerk Chapter 4.150 SPRUCE CAPE STREET LIGHTS SERVICE AREA 4.150.010 Creation and powers. 4.150.020 Board. 4.130.010 Creation and powers. The Spruce Cape streetlights service area is established pursuant to Ordinance No. FY2007 -04 and encompasses the area as indicated on the map attached to that ordinance. The Spruce Cape streetlight service area shall provide construction, operation, and maintenance of streetlights on public streets within its boundaries. 4.130.020 Board. The Spruce Cape Streetlights service area board shall consist of three (3) members appointed by the assembly. Effective Date. Sections 1 and 5 shall become effective at midnight on the day of adoption of this ordinance. Section 7 shall become effective on the first day of the fiscal year following certification of the election, if a majority of those qualified voters cast their ballots in favor of establishing the Spruce Cape Streetlights service area. 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 Ordinance No. FY2007 -04 Page 2 of 3 i ii5 4; 13 i 14 15 1,16 17 1 8 i 71401514077 392 3 ^35 *549 f 39 -� 3cy9� � HARRY NEILS.:N AVENUE 3560 3977130341349E 40021401014018 . � 32 17 16115 4 1311211110 Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 3 of 3 Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 3 of 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 3, 2006 Item No. 13.C.2 Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $8,000,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. In 2004, the Borough sold $6,210,000 in GO Bonds to build a new 6 -lane swimming pool with a diving board. It is now estimated that this facility will cost $8,290,000 more than originally estimated and budgeted. This Ordinance will allow the Borough to place an $8,290,000 bond issue on the October 2006 election. If additional funding is procured then the entire amount of the bond issue does not need to be sold. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2007 -05 in first reading to advance to public hearing on August 17, 2006. O Z O 00 69 r N M r O V (O r N )0 CO l0 CO O CO 00 r- 7 CO CO 10 O O 0 - LL 0 H O O us N W X N E 0 O 0 O C O O N 0) 1 i) O C > • 0 • c o d p C O U' 0 ` O) 0 rn C rn m N 3 N d c o y 0 O O c 0) C 0 vi DO v -C N N .> 0 w ✓ .0 0 c rn — v 0) E m 'N y O U 0 -• C p • New Pool Budget Estimate HMS Estimate Supplemental Bond Amount loos *Z$ I 1850` I los 1 r $10,0001 1900`£6Z$ 1 1000`£I£`9$ 1 los 1 los I o9Z`9£$ 1 10£1`£9$ 1 1059`SI£$ 1 1709`S60`L$ Total Project Budget Current 2006 Estimate (partial burden) 10 05`ZZi$ Issz'oozs lo s 1000`015 19 5st$ j l000`£IZ`I1$ 10176`617($ 1 1 loo£`1s 1 lo£1`Z 1 1059`095$ 1 1 $13,305,8641 Current 2006 Estimate (full burden) $224,2601 1599`99£$ los los 16Z9`6S0` I $ 1000`£ IZ`I TS 18ii`£17£$ IPS 1506`I££S 1 IO£I`Zii$ 1059`095$ 1 19S£`ITZ171$ 1 2004 Est $98,0001 $160,2301 los lo s 1 050`£917$ 1 1 000 ` 006 ` 1 7$ 1017 6`6171$ I los l017o`5tI$ 1 1000`617$ 1000' t'Z 1 109Z`0TZ`9$ 1 % of Const I %00'Z 1 %517'6 I %00'001 1 %90'£ 1 %96'1 1 1.00 %1 I %00'5 I I %4L'9ZI 1 Cost Category ( ;uellnsuoa) luauia2uum uotlonnuo3l 1Contruction Management (in house) 1 punl (Site Investigation TSOJ uatsaq T Total Building Construction Cost Iuauzdinbal x2olougoasl (Indirect / Administration 'Percent for Art 'Project Contingency ,-. N m 7 0 1 0 [- 00 01 O .-+ O Z O 00 69 r N M r O V (O r N )0 CO l0 CO O CO 00 r- 7 CO CO 10 O O 0 - LL 0 H O O us N W X N E 0 O 0 O C O O N 0) 1 i) O C > • 0 • c o d p C O U' 0 ` O) 0 rn C rn m N 3 N d c o y 0 O O c 0) C 0 vi DO v -C N N .> 0 w ✓ .0 0 c rn — v 0) E m 'N y O U 0 -• C p • New Pool Budget Estimate HMS Estimate DATE: TO: THRU: FROM: SUBJ: KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM July 24, 2006 Borough Assembly Rick Gifford, Borough Manager Bud Cassidy, Director of Engineering and Facil New Swimming Pool Cost for 2006 bond vote t ie I. Introduction The Assembly is discussing placing before the voters this fall the question of the additional costs needed to construct the new pool. The original cost has increased since the original bond vote. This memo will discuss the additional funding needed for the pool construction. II. Original Bond Amount The voters approved the expenditure of $6,210,000 dollars to construct a new pool by approving the sale of bonds at the October 2004 election. An architect provided a schematic design and a cost estimate for the construction that exceed the original price. This schematic design was reviewed by the Borough's Architectural and Engineering Review Committee. Making additional design changes, the pool construction cost now exceeds $11 million dollars and additional soft costs brings the total price to over $14.5 million if constructed in 2007 and over 15.2 million if constructed in 2008. III Conclusion Should a bond issue be put before the voters this October and approved, the money would be available for 2007 construction season. The additional amount to be voted upon in a fall bond election would be an additional $8,290,000 or the price of the pool if constructed in 2007 minus the cost of the original bond amount ($14,500,000 - $6,210,000). Note: These are preliminary numbers that were gotten from the architect the Friday after the Assembly meeting. There is some additional research that he is doing that will have bearing on these costs. I do not have them in time for the assembly packet deadline and will get them Tuesday or Wednesday and forward a revised copy of this memo to the Assembly. Introduced by: Manager Gifford Requested by: Assembly Drafted by Finance Director Introduced: 8/03/2006 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -05 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,000,000 TO FINANCE PLANNING, DESIGN, AND CONSTRUCTION OF A NEW SWIMMING POOL AND RELATED CAPITAL IMPROVEMENTS AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 3, 2006 REGULAR BOROUGH ELECTION WHEREAS, the Alaska legislature extended the current plan for school debt reimbursement during the 2006 special session; and WHEREAS, this debt service reimbursement plan provides that the State of Alaska will reimburse the Borough for not less than sixty percent (60 %) of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1,2006 but before December 1, 2008, to pay costs of school construction, additions to schools, and major rehabilitation projects and education - related facilities; and WHEREAS, the Borough issued $6,210,000 in bonds on November 16, 2004 to construct a new six lane swimming pool; and WHEREAS, the current estimate to construct the swimming pool has exceeded the original estimate by $8,000,000; and WHEREAS, the Borough is researching and applying for grants which will lessen the amount of bonds which will need to be sold; and WHEREAS, because the amount of any additional funding is unknown at this time, the Borough needs the authority to sell an amount of bonds that is adequate to finish the facility; and WHEREAS, if additional funding is found, the Borough only needs to sell enough bonds to pay for the unfunded part of the project; and WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation debt only after a bond authorization ordinance is approved by a majority of those voting on the question at a regular or special election; and WHEREAS, the Borough views the swimming pool and related capital improvements authorized herein as necessary and beneficial to the community, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Paget of 3 Section 2: Section 3: Section 4: It is hereby determined to be for a public purpose and in the public interest of the Kodiak Island Borough (the "Borough ") to incur general obligation bonded indebtedness in an amount not to exceed Eight Million Dollars ($8,000,000) for the purpose of paying the cost of planning, designing, and constructing a new swimming pool and related capital improvements in the Borough. The Borough is authorized to borrow the sum of Eight Million Dollars ($8,000,000) to finance the capital improvements described in Section 4, and the borrowing shall be evidenced by the issuance of general obligation bonds of the Borough; provided that bonds may not be issued for any project unless the project is eligible for debt service reimbursement of at least sixty percent (60 %) by the State of Alaska. The full faith and credit of the Borough are pledged for payment of the principal of and interest on the bonds, and ad valorem taxes upon all taxable property in the Borough shall be levied without limitation as to rate or amount to pay the principal of and interest on the bonds when due. The Borough shall submit the following proposition to the qualified voters of the Borough at the October 3, 2006 regular Borough election. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approeed. PROPOSITION NO. 1 GENERAL OBLIGATION BONDS FOR NEW SCHOOL POOL 6 -LANE, 1 DIVING BOARD Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Eight Million Dollars ($8,000,000) to finance the planning, design, and construction of a new swimming pool and related capital improvements in the Borough, including without limitation the projects described below? Project Estimated Cost New School Pool 6 -lane, 1 diving board $8,000,000 Bonds may not be issued to pay costs of a project unless the project is eligible for debt service reimbursement by the State of Alaska. The approximate amount of taxes on $100,000 of assessed real and personal property value (based on total 2006 assessed valuation) required to pay 100% of the debt service for the project above is $80.37 per year, and to pay the Borough share of debt service for the project with full State debt service reimbursement is $32.15 per year. If additional funding, grants, or otherwise becomes available, only enough bonds to finish the project will be sold. The bonds shall be secured by a pledge of the full faith and credit of the Borough. (Ordinance No. FY2007 -05) Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 2 of 3 Section 5: Section 6: The proposition, both for paper ballots and machine ballots, shall be printed on a ballot which may set forth other general obligation bond propositions, and the following words shall be added as appropriate next to an oval provided for marking the ballot for voting by hand or machine: PROPOSITION NO. 1 o YES o NO Sections 2 and 3 of this ordinance shall become effective only if the proposition described in Section 4 is approved by a majority of the qualified voters voting on the proposition at the October 3, 2006 regular Borough election. The remaining sections of this ordinance shall become effective upon adoption by the Kodiak Island Borough Assembly. 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 Ordinance No. FY2007 -05 Page 3 of 3 CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -05 Introduced by Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 8/03/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,500,000 TO FINANCE PLANNING, DESIGN, AND CONSTRUCTION OF A NEW SWIMMING POOL AND RELATED CAPITAL IMPROVEMENTS AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 3, 2006 REGULAR BOROUGH ELECTION WHEREAS, the Alaska legislature extended the current plan for school debt reimbursement during the 2006 special session; and WHEREAS, this debt service reimbursement plan provides that the State of Alaska will reimburse the Borough for not less than sixty percent (60%) of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1, 2006 but before December 1, 2008, to pay costs of school construction, additions to schools, and major rehabilitation projects and education- related facilities; and WHEREAS, the Borough issued $6,210,000 in bonds on November 16, 2004 to construct a new six lane swimming pool; and WHEREAS, the current estimate to construct the swimming pool has exceeded the original estimate by $7,500,000; and WHEREAS, the Borough is researching and applying for grants which will lessen the amount of bonds which will need to be sold; and WHEREAS, because the amount of any additional funding is unknown at this time, the Borough needs the authority to sell an amount of bonds that is adequate to finish the facility; and WHEREAS, if additional funding is found, the Borough only needs to sell enough bonds to pay for the unfunded part of the project; and WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation debt only after a bond authorization ordinance is approved by a majority of those voting on the question at a regular or special election; and WHEREAS, the Borough views the swimming pool and related capital improvements authorized herein as necessary and beneficial to the community, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 1 of 3 Section 2: Section 4: It is hereby determined to be for a public purpose and in the public interest of the Kodiak Island Borough (the `Borough ") to incur general obligation bonded indebtedness in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying the cost of planning, designing, and constructing a new swimming pool and related capital improvements in the Borough. Section 3: The Borough is authorized to borrow the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance the capital improvements described in Section 4, and the borrowing shall be evidenced by the issuance of general obligation bonds of the Borough; provided that bonds may not be issued for any project unless the project is eligible for debt service reimbursement of at least sixty percent (60 %) by the State of Alaska. The full faith and credit of the Borough are pledged for payment of the principal of and interest on the bonds, and ad valorem taxes upon all taxable property in the Borough shall be levied without limitation as to rate or amount to paythe principal of and interest on the bonds when due. The Borough shall submit the following proposition to the qualified voters of the Borough at the October 3, 2006 regular Borough election. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approved. PROPOSITION NO. 1 GENERAL OBLIGATION BONDS FOR NEW SCHOOL POOL 6 -LANE, 1 DIVING BOARD Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance the planning, design, and construction of a new swimming pool and related capital improvements in the Borough, including without limitation the projects described below? Project Estimated Cost New School Pool 6 -lane, 1 diving board $7,500,000 Bonds may not be issued to pay costs of a project unless the project is eligible for debt service reimbursement by the State of Alaska. The approximate amount of taxes on $100,000 of assessed real and personal property value (based on total 2006 assessed valuation) required to pay 100% of the debt service for the project above is $75.34 per year, and to pay the Borough share of debt service for the project with full State debt service reimbursement is $30.14 per sear. If additional funding, grants, or otherwise becomes available, only enough bonds to finish the project will be sold. These bonds are in addition to the $6,210,000 bonds sold on November 16, 2004 for a new swimming pool. The bonds shall be secured by a pledge of the full faith and credit of the Borough. (Ordinance No. FY2007 -05) Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 2 of 3 Section 5: Section 6: The proposition, both for paper ballots and machine ballots, shall be printed on a ballot which may set forth other general obligation bond propositions, and the following words shall be added as appropriate next to an oval provided for marking the ballot for voting by hand or machine: PROPOSITION NO. 1 o YES o NO Sections 2 and 3 of this ordinance shall become effective only if the proposition described in Section 4 is approved by a majority of the qualified voters voting on the proposition at the October 3, 2006 regular Borough election. The remaining sections of this ordinance shall become effective upon adoption by the Kodiak Island Borough Assembly. 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 Ordinance No. FY2007 -05 Page 3 of 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 3, 2006 There is currently a vacant seat on the Personnel Advisory Board. Mr. Neilsen submitted his application on July 17, 2006. Per Section 203 of the Personnel Manual: Item No. 13.D.1 Appointment to the Personnel Advisory Board. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Mr. Neilsen's application was sent to all Borough employees by email. Attached are the comments received. APPROVAL FOR AGENDA: Recommended motion: Move to confirm the appointment of Mr. Chris A. Nielsen to the personnel advisory board for a term to expire December 2007. Name Vacant 2007 Revision date: 01/20/2006 Revised by: nj KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email Susan Eoff 2006 487 -2301 486 -8111 (Fi)eoff @ptialaska.net 1254 Sargent Creek Rd. (W)Susane @kiha.org Kodiak, AK 99615 Pam Foreman 2007 486 -2588 486 -4782 pam @kodiak.org 1637 Three Sisters Way Kodiak, AK 99615 William `Bill" King 2008 486 -4567 487 -4382 theKings @gci.net 285 Lilly Drive, Unit A Kodiak, AK 99615 Brenda M. Zawacki 2008 487 -4986 486 -9558 zawacki @gci.net 709 Sargent Creek Road Kodiak, AK 99615 Staff: Lauri Whiddon, Administrative Assistant 486 -9301 Iwhiddon @kib.co.kodiak.ak.us C a. Read and understand these rules and ask the immediate supervisor to explain these rules if questions arise. b. Understand the function of the department assigned and how that function relates to the total mission of the Borough and all of its departments. c. Discuss with the immediate supervisor any questions relating to the interpretation or application of these rules. d. Bring to the attention of the immediate supervisor any change in duties as outlined in the position description given to the employee at hiring. e. Submit in writing recommended changes to these rules first to the immediate supervisor, then the department head, and then the Borough Manager to be considered by the Personnel Board. 203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD The Borough Assembly shall appoint a Personnel Board consisting of five (5) members, T e term of each member shall be three (3) years. The terms of appointments to the Board shall be staggered so that two (2) members are appointed each year for two consecutive years and one (1) member is appointed the third year. The regular term of a member of the Board shall commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. A member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough. In appointing members to the Pr•,a , ��. -•'. he recommendations made by Borough employees, the Borough Manager, any resident of the Borogh a_nd their own recommendations Appointments should be somewhat consistent with the overall ethnic composition of the population of the community. All vacant positions and anticipated vacancies on the Borough Personnel Board will be advertised, via local media, at least three weeks prior to the filling of the vacancy by the Assembly. A member of the Personnel Board may be removed from office by the Borough Assembly for incompetency, dereliction of duty, three consecutive unexcused absences from official Personnel Board meetings, or other abuse after being given a copy of the charges and an opportunity to be heard publicly on such charges before the Assembly. The Personnel Board will receive all recommendations concerning additions, revisions, or deletions to /from the Borough Personnel Policies and Procedures Manual. In addition, they may formulate their own recommendations concerning the Borough Personnel Policy. These recommendations should have input from the Borough Manager prior to action. The Assembly will then consider these recommendations, and if approved as presented, or approved in amended form by ordinance, will become permanent additions, revisions, or deletions to /from the Borough Personnel Policy. In addition, the Personnel Board shall have the responsibility and authority to: A. Hold official public Personnel Board meetings at least, but not limited to once per quarter. The required meeting will be held at a time determined by the Board each quarter, giving Borough employees at least five (5) working days' notice prior to the meeting. B. Work sessions or special meetings may be called by either the chairman or two (2) members of the Personnel Board, giving Borough employees at least five (5) working days notice prior to the meeting. October 19, 1998 2 -3 3. NAME: : tS A 4 5P ARE YOU A REGISTERED VOTER IN KODIAK ? ARE YOU A PROPERTY OWNER IN KODIAK? (r Signature KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen @kib.co.kodiak BOARD APPLICATION HOME PHONE: I972654WORK PHONE: ' S4'77)5 E -MAIL: STREET ADDRESS: /27a�7 i %d.:,y s2 MAILING ADDRESS: Po Lox 35 2 LENGTH OF RESIDENCE IN KODIAK: /i lci IN ALASKA: 2 7 COMMUNITY ACTIVITIES: /4)6:-/i66 4. 7b ?/4 ate YES (✓)" YES (SK I'c h LS 0V[l y:(?Aiv JUL 2 1 2006 BOROUGH CLERK'S OFFICE NO() NO() 0 I7 PROFESSIONAL ACTIVITIES: L //1/ A/f v 0ecsge ONNC MNreC t jya NSA (14 .S!'r4,r((JN $f/frv4/1: r SETnVrrr/,tJ . AREA OF EXPERTISE AND/OR Eq UCATION: n N /GN SCNn cGta #Nlrf ar ✓ocfrtwiti *Orr rinfyia ON /.2..5 FriiCS. o fQ 1/ /SDxy Ao 2 94<6,4 FC t w Ymx' /Ksa. 1 N4vr prre.v Lvvae eV row 11 4 7/4/6 (.()etrefiw gear. ../.w.Vs AG,rrarfx. 1 AM INTERESTED IN SERVINGG ON THE FOLLOWING BOARD(S) (List in order of preference) �,/}} 1. 7 iA50NNELC. ,4 D wiai` Ana , D (1 2 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. STAFF USE ONLY - Voter ID No Verified By: Documentation: Appointment Letter: Applicant's Residence: Borough ( ) City ( ) Roster Date Appointed: Oath 01 Office: Term Expires on: Financial Disclosure: Comments: Nova Javier 'rom: Sharon Lea Adinolfi int: Wednesday, July 19, 2006 9:57 AM i o: Nova Javier Subject: RE: Personnel Board Application Good Morning, Nova: Thank you for this. I would like to offer my support for Chris N. He has previous experience in working on the Personnel Advisory Board. I've been attendance at meetings with him and have spoken to him about this Board - he seems to me to be thoughtful and fairminded. I think he would be a good addition to the Board. Thank you again for giving the information so that employee input can be considered. Sharon Lea Adinolfi Kodiak island Borough Engineering /Facilities Department Bond Projects Office 907 486 9349 Fax = 907 486 9394 sadinolfi @kib.co.kodiak.ak.us Original Message From: Nova Javier Sent: Wednesday, July 19, 2006 9:21 AM To: All Subject: Personnel Board Application Hello, Section 203 of the personnel manual states: n appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees Please let me know in writing if you have any comments regarding the attached application. I am planning on putting this on the July 27 work session agenda under packet review and possible appointment on August 3 regular meeting. Feel free to call me if you have any questions. Nova Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "The Emerald Isle" Original Message From: Copier @kib.co.kodiak.ak.us [mailto :Copier @kib.co.kodiak.ak.us] Sent: Wednesday, July 19, 2006 8:54 AM To: Nova Javier Subject: Attached image data. This is image data from the scanner. 1 Nova Javier From: Nova Javier Sent: Thursday, July 20, 2006 3:52 PM To: Bob Himes Subject: Personnel Board Application Just to give you an update that Mr. Nielsen called this morning. I asked him to send us additional information. Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "The Emerald Isle" From: Nova Javier Sent: Wednesday, July 19, 2006 3:41 PM To: Bob Himes Subject: RE: Personnel Board Application Hi Bob, I've got a call into him to possibly give us more information. Thanks, Nova Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "The Emerald Isle" From: Bayside Fire [ mailto :bayside_fire_dept @hotmail.com] Sent: Wednesday, July 19, 2006 3:10 PM To: Nova Javier Subject: RE: Personnel Board Application I do not see anything in the application to indicate that this person would be a benefit to this board. There should be more information provided. This message is intended for the sole use of the individual to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable laws. If you are not the intended addressee, you may not use, disclose or distribute the information contained in this message. If you received this message in error, please notes the sender by reply and delete this message. Bob Himes, Acting Chief Bayside Fire Station From: ' NovaJavi er "<njavier@k /b.co.kodiak.ak.us> To: "All" <All@k /b.co.kodiak.ak.us> Subject: Personnel Board Application Date: Wed, 19 Jul 2006 09:20:50 -0800 >Hello, >Section 203 of the personnel manual states: > >In appointing members to the Personnel Board, the Borough Assembly will >take into consideration the recommendations made by Borough >employees >Please let me know in writing if you have any comments regarding the >attached application. I am planning on putting this on the July 27 work >session agenda under packet review and possible appointment on August 3 >regular meeting. 7/20/2006 Page 1 of 2 Nova Javier To: ubject: Thanks for your comments. I will make sure the Assembly gets it. I will forward your question regarding other holding other offices or positions to the Manager as I do not know the answer. Pam Foreman is on the Parks and Rec Board. Nova Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "The Emerald Isle" Original Message From: Mary Barber Sent: Friday, July 21, 2006 8:12 AM To: Nova Javier Subject: RE: Personnel Board Application Hi Nova, Mary Barber RE: Personnel Board Application I believe it is way overdue for the Borough to have a Personnel Advisory Board. Since there is an application out there and a position to be filled, I would ask that the Assembly consider this applicant and appoint Mr. Nielsen to the Board. '\lso, I see in Section 203 of the personnel manual it states a member of the .oard may not hold any other office or position in the Kodiak Island Borough and must be a registered voter in the Kodiak Island Borough. Does anyone on hold any other offices or positions in the Kodiak Island Borough? Would any be considered an office or position? Thank you for your time, Mary J. Barber Finance Department Accounting Tech. /Accounts Payable Kodiak Island Borough (907) 486 -9326 Phone (907) 486 -9392 Fax mbarber @kib.co.kodiak.ak.us Original Message From: Nova Javier Sent: Wednesday, July 19, 2006 9:21 AM To: All Subject: Personnel Board Application Hello, Section 203 of the personnel manual states: In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees Feel free to call me if you have any questions. 1 Personnel government this Board other Boards Please let me know in writing if you have any comments regarding the attached application. I am planning on putting this on the July 27 work session agenda under packet review and 2ossible appointment on August 3 regular meeting. CALL TO ORDER: CHAIR, S. ARNDT, called the meeting to order at 7:30 p.m. ROLL CALL: Present: Absent: Staff: Scott Arndt, Chair Cliff Davidson Jessica Kepley, E/F Andrew DeVries Bob Himes, Ex- Officio Mike Dolph Greg Spalinger A quorum was established. Doug Mathers was also present. ACCEPTANCE OF AGENDA: It was MOVED, G. SPALINGER, and SECONDED, M. DOLPH to accept the agenda as presented. The motion CARRIED unanimously. FINANCIAL REPORT: It was MOVED, G. SPALINGER, and SECONDED, A. DEVRIES to acknowledge receipt of the financial report. The motion CARRIED unanimously. APPROVAL OF MINUTES: ECEE FIRE PROTECTION AREA NO. 1 BOAR O v REGULAR MEETING MINUTES MAY 16, 2006 @ 7:00 P.M. _ BAYSIDE FIRE HALL JUL 1 9 2006 BOROUGH CLERK'S OFFICE It was MOVED, G. SPALINGER, and SECONDED, M. DOLPH to approve the Minutes [18 April 2006] as submitted to the Board. The motion CARRIED unanimously. VISITOR'S COMMENTS: None. OLD BUSINESS: A. Copier Replacement B. Himes reported the School District was still in the process of analyzing bids for their copier distributor contract. After a brief discussion held by the Board, it was moved by G. SPALINGER, and seconded by M. DOLPH to purchase one (1) Xerox M20 copy machine with stand, in an amount not to exceed $1,589. The motion passed unanimously. B. ISO Rating B. HIMES informed the Board of the completion of hydrant testing in the Area. Except for one hydrant, all the pump tests passed. The problem hydrant, located on Melnitsa Lane, was scheduled to be fixed through the City of Kodiak Public Works Department. Within the next few months, the Board should receive an update on the ISO rating for the Department. The Board discussed the status of Engine 11 and possible options available to increase its productivity, mainly the air system problems that are presently occurring. With the purchase of a new engine, the Department may be able to increase the ISO rating it now holds. As it stands, the Department has approximately one year to improve the rating. C. Engine Specs It was reported by B. HIMES, that the specifications for the new engine was complete, and he asked the Board for further direction. A discussion was held regarding some of the details of the specifications and accessories desired for the apparatus. S. ARNDT conveyed to the Board his feelings on the particulars of certain requests for the vehicle. Concern was presented regarding the procedure and installation of placing wires through the cab of the vehicle. It was requested that the distributor provide water tight fittings on the engine, to circumvent leakage and/or poor design. M. DOLPH gave to the Board a brief history of the procedure of numbering emergency vehicles. It was suggested that if the Department was adding vehicles to the fleet, that they seriously consider reconstructing the system to fit the standard numbering procedures. S. ARNDT presented to the Board an alternative draft of Engine specifications to consider, based on previous meeting minutes [April 18] that members, C. DAVIDSON, S. ARNDT, and G. SPALINGER requested information to possibly purchase a 4WD apparatus. These specifications pertained to ordering a 4WD apparatus as the primary request, not secondary The Board voiced individual concerns regarding the timing of implementing new specifications to the package, the lack of space to store a larger apparatus, vehicle clearance, and possible options to implement within the department during icy weather conditions versus purchasing a 4WD apparatus. The Board decided to postpone any action on the bid packet until the scheduled board meeting of 31 May 2006. It was so MOVED, M. DOLPH and SECONDED, G. SPALINGER. The motion CARRIED unanimously. D. Training Building Use Agreement Action regarding the use agreement for the new training building was postponed until the next scheduled meeting, 31 May 2006; although it was reported to the Board that the Borough Manager did not see a problem with the Agreement. The Agreement was submitted to Karl Short, Borough Finance Director, to review. E. Cossette Property Lease The CHAIR reported that nothing had been accomplished on this item, due to the unavailability of Bud Cassidy. B. HIMES stated he was aware that Mary Ogle, Community Development Director, was presently in the process of reviewing the lease with the Borough attorney. CHIEF'S REPORT: The reimbursement expected from the City of Kodiak, which was discussed at the meeting of 18 April 2006, was reported by B. HIMES to be under review by the City Manager, Linda Freed. It was told to the Board that since there was training provided by the City of Kodiak for the Bayside Fire Department, a reimbursement was not expected to be issued. B. HIMES told the Board that 'CARES would be at the Crab Fest to provide Communication support during the festival and the Chad Ogden race. Ell and T12 would be participating in the parade on Saturday morning of the Crab Fest. It was reported that an Open House for the Burn Building would be held on 26 May 2006, from 1 -3 p.m. Refreshments would be available, but as it is being held during Crab Fest, they would be light. B. RIMES stated that the final ad price was expected to be $532. The recruit class to be held in June would most likely be postponed until the fall, due to a lack of applicants. Women's Bay Fire Department purchased the pagers, which were decided upon at the 18 April 2006 Board meeting. The pagers are in the process of being programmed. B. HIMES stated that he would be attending the Pandemic Flu Seminar held May 31 and June 1, 2006. A local resident of the community spoke to B. RIMES regarding donating a piece of stained glass artwork for the Department. The Board suggested where it may be placed. S. ARNDT directed B. HIMES to give the local vendors, whom assisted with the materials and labor of installing the Burn Building for the Department, personal invitations to tour the facility, as a "thank you" for their help. FIREFIGHTER'S ASSOCIATION REPORT: D. MATHERS told the Board that there have been four drills in the burn building so far and that all volunteers are enjoying the building and they feel that it is "working great ". CHAIR'S REPORT: The CHAIR reported that he was informed the mil rate for the Fire Protection Area was to remain at the same rate as it is presently. He also told the Board that he was going to continue pursuing the issue of the Cossette lease. NEW BUSINESS: A. SERVICE DISTRICT GARAGE DOOR REPLACEMENT B. HItvIES spoke to the Board regarding the condition of the garage door that secures Squad 13. He told them that it needs to be upgraded and/or replaced. He said that the door had undergone quite a few repairs and adjustments over the years, and has recently quit working. S. ARNDT said he would get two price quotes for a new garage door and new heavy duty hinges, possibly a new track and opener, and to look into replacing the weather stripping. He estimated the cost to be between $2,000- 3,000. G. SPALINGER asked for confirmation that this would take place during the current fiscal year and that there was enough money in the budget to cover the replacement. He was given an affirmative answer by the CHAIR. It was MOVED, M. DOLPH, and SECONDED, A. DEVRIES to authorize the purchase of a new garage door in an amount, not to exceed $4,000, for both material and labor of the replacement. There were 3 ayes, with G. SPALINGER obstaining from the vote, as he was quoting on the replacement door. The motion PASSED and S. ARNDT was directed to take the necessary steps to make the purchase. VISITOR'S COMMENTS: None. BOARD COMMENTS: S. ARNDT informed the Board that T.C. Enterprises offered to issue a credit of $500 off the price of the stump removal/brush clearing project if they would be allowed to burn the debris on site, due to the lack of a bum area at the Landfill. G. SPALINGER said it was the neighbors wishes that there was no burning done on site. S. ARNDT agreed, saying the contract stated the debris would be hauled off of the property in order to be burned. He suggested waiting on a decision until the meeting of 31 May 2006. C. DAVIDSON [Absence excused] purportedly spoke with B. HIMES and addressed his concern that the lease issue on the Cossette property remained unresolved and that he would like to see something done soon. A. DEVRIES spoke to the Board on his feelings of the importance of purchasing thermal imaging camera units for the Department. He felt that it should be a priority of the Board to see that the Department received the units, because he'd seen first hand the use and benefits of having them available to use during incidents. S. ARNDT assured him that there was a grant out for the purchase of the thermal imaging cameras, and they hoped to find out something soon. The FEMA grant would cover the purchase of new turnouts and the cameras. If the grant was not approved, the Board still has the option of purchasing the units for the Department. M. DOLPH welcomed A. DEVRIES to the Board. He thanked B. HIVES for the preparation of the new engine specifications. He encouraged those responsible to distribute the Agenda along with the Minutes a week ahead of the scheduled meetings. He also asked if it was possible to post the action items of the meetings on the Department website for the public to view. G. SPALINGER. None. MEETING SCHEDULE: A tentative meeting schedule was distributed, with meetings to be held on June 20, July 18, and August 15, 2006. The next meeting was scheduled to be held on 31 May 2006. ADJOURNMENT: It was MOVED, M. DOLPH, and SECONDED, G. SPALINGER to adjourn the meeting. The motion PASSED unanimously and the meeting adjourned at 10:15 p.m. SUBMIT TED BY: ca if, ley, S= cretary Engineering / Facilities Department APPROVED BY: c c - of fle Scott Arndt, Chair Fire Protection Area No. 1 Board Date: Date: 7 -09-.2006 VISITOR'S COMMENTS: None. OLD BUSINESS: A. ISO Rating FIRE PROTECTION AREA NO. 1 BO REGULAR MEETING MINUTES JUNE 2, 2006 @ 7:30 P.M. BAYSIDE FIRE HALL CALL TO ORDER: CHAIR S. ARNDT, called the meeting to order at 7:30 p.m. ROLL CALL: CEOVE J U L 1 9 2006 Present: Absent: Staff: Scott Arndt, Chair Cliff Davidson Chief Bob Himes, Ex- Officio Andrew DeVries Jessica Kepley, E/F Mike Dolph Greg Spalinger, Vice Chair A quorum was established. Curt Law was also present. ACCEPTANCE OF AGENDA: �1 It was MOVED, G. SPALINGER, and SECONDED, M. DOLPH to accept the agenda as presented. The motion CARRIED unanimously. BOROUGH CLERK'S OFFICE CHIEF HIMES reported the Department would definitely lose the ISO Rating due to lack of pump capacities. He felt that if the Board was capable of acquiring a fully equipped 1500gpm Pumper, the Department would regain an ISO rating of "four". CHIEF emphasized that Engine 11 would need to keep the equipment it has presently. Furthermore, there would be a one year time limit in which to upgrade before the property owners of the Area would feel the impact of the increase. A hand out of the Standard Point System was distributed, describing equipment that could be substituted, while still receiving the desired ratings. (For example: a new Hilmotro Extricating Device could be substituted for an Oxy Cutting Torch, a piercing nozzle could replace a distributor nozzle, a hose clamp for a bursted hose jacket device, and so on.) Presently, the Iepartment had not received the rating report, but it was speculated credit points would be given for hose and hydrant testing. It was possible the rating would arrive in c-- -late July or early August. G. SPALINGER recommended possibly getting credit for proof (via pictures) of firefighters training on the new facilities. Regardless, the credit would not be seen for a couple of years, unless the inspectors were flown into Kodiak at the Board's expense. S. ARNDT mentioned the Board would like to see the report specify a point value corresponding with the applicable equipment and services. This would help greatly in determining needed improvements. B. HIMES reassured the Board that he would feel more comfortable with the Department's rating, once the new Engine was ordered. B. Engine Specs/Bid Package CHIEF RIMES informed the Board of the requested changes to the Bid Package [Meeting of May 16` He provided the Board with engine drawings he'd received of the Women's Bay FD Engine and drawings of a 1250gpm 4 wheel drive engine. Discussion was held regarding additional changes to the current bid package. Such changes included: an In -cab EMS compartment, fixed stirrup steps with folding ones in the rear, 2 drop down seats without air packs, a door guard pan, 2x the air bottle storage compartments (would hold 7 bottles), a step pullout/back down drop step, a task force crossfire monitor, a third pre- connect in the cross lay, a dump line pumped to the front bumper, and a spare rimmed rear tire. It was stated the new apparatus would be identified as Engine 10, with numbering on the rest of the vehicles to be fixed in order to reflect the changes. S. ARNDT asked CHIEF HIMES to look into different 12v light towers and consider adding possibly seven air packs, for the vehicle. The Board requested the following information regarding the proposed apparatus: cost of both 4 and 2 wheel drive and clearance for both 4 and 2 wheel drive, including a mud shield and a heat box encompassing the pump for both, turn radius and extended detailed dimensions of both engines, Power Take Off system versus a fixed Generator, and the cost of a thermal imaging camera, mount included (the Board decided to proceed with asking that the wiring for said unit be installed). The Board approved to purchase the airfare, for the final inspection/mechanic training, rather than include that cost in the bid package. The Board also expressed their desire to put forth a blind vote to the Department Volunteers concerning the color of the apparatus. The final decision on the Engine Specs/Bid Package is scheduled for the meeting on June 21, 2006 at 7:30 p.m. C. Training Building Use Agreement The Agreement is in the Borough Attorney's possession. An estimated date of receipt has not been mentioned. D. Cossette Property Lease CHAIR ARNDT reported that Mary Cossette decided not to build on her additional property, and will be residing in Anchorage for approximately one year. Her intentions are to leave by December. In the near future, the surveying firm that performed work for Woodland Acres, will be hired to do surveying for the Board. NEW BUSINESS: None. VISITOR'S COMMENTS: Curt Law suggested the Board consider making space in the new bays for the tilt cab procedure. Bayside currently does not have the room for this to be done inside, at this time. BOARD COMMENTS: S. Arndt assured C. Law that the new designs will accommodate the tilt cab process and the new bays should have an eighty foot length with a 16 -18' eve height and a 1/12 " - 2/12" roof pitch. The stumps removed from the Cossette property were scheduled to go out to a project in Bell's Flats, but special permission will be required to perform an alternative to burning them on site. Regardless, the contract specified debris be removed from the property and disposed off site. After comparing bids, G. Spalinger - North Star Cabinets was the low bidder on the new garage door for Squad 13. A new door including a chain hoist, has been ordered. It will be shipped within the next week or so. A. DeVries appreciates the willingness of the Board to work with member's schedules for the meetings and believes the Board can stay on task to get the new Pumper Apparatus on the front line at a reasonable time. M. Dolph showed concern regarding the verbal lease on M. Cossette's property. Furthermore, he suggested the new bays have capacity for loading hoses when unfavorable weather arises. G. Spalinger feels confident that if the Board put their heads together, there is a solution to the stump removal. MEETING SCHEDULE: Tentative meetings scheduled are as follows: June 21, July 18, and August 15, 2006. ADJOURNMENT: It was MOVED, G. SPALINGER, and SECONDED, M. DOLPH, to adjourn the meeting. The motion CARRIED unanimously and the meeting adjourned at 9:29 p.m. SUBMITTED BY: Ir a tater—diL Jes jJr $:,'. e , ecretary ngineering / Facilities Department APPROVED BY: Scott Arndt, Chair Fire Protection Area No. 1 Board Date d � /Deo Date 7791-200-6 Committee Members Present Absent Excused Others Present Mike Anderson X Sheila Smith 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 CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:40 p.m. by SECRETARY SMITH on June 5, 2006 in the KIB conference room. ROLL CALL KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITT REGULAR MEETING -JUNE 5, 200 MINUTES A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER TEUBER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 4 -0. APPROVAL OF MINUTES COMMITTEE MEMBER ABELL MOVED TO APPROVE the minutes from February 6, 2006 and May 1, 2006 as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS A. Presentation of Interim Report COMMITTEE MEMBER CARVER MOVED TO APPROVE AND FORWARD to the Assembly for approval. COMMITTEE MEMBER TROSVIG SECONDED the motion, and it CARRIED 4 -0. COMMITTEE MEMBER CARVER brought up the membership of the Committee and MOVED TO have staff panel the existing membership to see if they are committed and willing to make the meetings, and if not re- constitute the Committee so it is composed of Gravel Task Force Minutes June 5, 2006 Page 1 of 2 ATTEST people who are willing and able to attend the meetings. The motion was SECONDED by COMMITTEE MEMBER TEUBER, and it CARRIED 4 -0. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: • July 3, 2006 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 5:45 p.m. BY: C\yh elOrt CI<Defl t ) Sheila Smith, Secretary Community Development Department DATE APPROVED: July 17, 2006 KODIAK ISLAND BOROUGH GRAVEL TASK F! ' CE COMMITTEE 74746 Gravel Task Force Minutes June 5, 2006 Page 2 of 2 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick 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 CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:30 p.m. by CHAIR LYDICK on July 3, 2006 in the KIB conference room. ROLL CALL A quorum was not established. Due to a lack of quorum, the meeting was not held. ATTEST By: KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITT REGULAR MEETING -JULY 3, 200 MINUTES Sheila Smith, Secretary Community Development Department DATE APPROVED: July 17, 2006 Gravel Task Force Minutes 1 R E C E 0 V E JUL 2 1 2006 BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH EL TASK LSRCE COMMITTEE July 3, 2006 Page 1 of 1 Committee Members Present Absent Excused Others Present Hans Tschersich X Mary Ogle Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck -Chair X Murphy Fomer X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Arndt X CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on May 9, 2006 in the Borough Conference Room. KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE REGULAR MEETING -MAY 9, 2006 MINUTES A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 7 -0. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER FOREMAN MOVED TO APPROVE the minutes of April 11 & April 25, 2006 amended minutes to show Kevin Foster and Pam Foreman were excused. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 7 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Andy Schroeder introduced his father, Bill Schroeder, who is active in Parks & Rec in Warren County and has done quite a bit of trail building. OLD BUSINESS A. Parks Ordinance Ogle stated they still have to set up a time to meet with the P &Z Commission to have a joint work session. She received the current joint agreement for the use and operation of the City of Kodiak, Kodiak Island Borough, and Kodiak Island Borough School Facilities from Ian Fulp. She has went through it and is going to recommend changing, with the Committees recommendation, the subsection that speaks of where the City will do maintenance, I am 5/9/2006 Parks & Recreation Committee Page 1 of 3 R ECEIIVE I JUC 1 22006 BOROUGH CLERK'S OFFICE proposing to add Mill Bay Beach, Otmeloi, Harlequin playground, and possibly Island Lake Park and trail. Discussion on the agreement. B. Recommendation for Borough Acquisition of the Kodiak Christian Fellowship Subdivision Lots 1B and 1E. Ogle stated she has done a site visit and found there is an existing trail around the lake that is within the Natives of Kodiak Subdivision, but no connection. On this site, and there is a natural lip that goes along the back property line and then down to the wetland area. Discussion of the property. COMMITTEE MEMBER FOREMAN MOVES TO RECOMMEND the Borough acquires the property called the Christian Fellowship Subdivision, Lots 1B and 1E The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL. The question was called, and it CARRIED 7 -0. NEW BUSINESS A. S06 -016 Subdivision Case Ogle stated this is a five lot subdivision at Kalsin Bay. The Committee had a brief discussion. They would like guaranteed public access to the beach for recreational use. COMMITTEE MEMBER HUNTLEY MOVED to guarantee beach access for the public use for various activities. COMMITTEE MEMBER FOREMAN SECONDED the motion. COMMITTEE MEMBER SALTONSTALL MOVED TO AMEND the main motion to include for existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3. COMMITTEE MEMBER FOREMAN SECONDED the motion, and it FAILED 7 -0. COMMITTEE MEMBER FOREMAN MOVED TO AMEND the main motion to include for existing road along Lot 3C, 3D, and 3E along beach berm and along the northwestern property line of Lot 3E or with a reasonable altemative road. COMMITTEE MEMBER SALTONSTALL SECONDED the motion, and it CARRIED 6 -1. B. S06 -017 Subdivision Case Ogle stated it is 2 Lots being replatted into 3 Lots. It was the general concensus of the Committee that there isn't any recreational value in this case. C. S06 -018 Subdivision Case Ogle stated this is a Woodland Acres Subdivision, and they are creating 5 Lots out of 4. After a discussion, it was determined to be of no recreational value. COMMUNICATIONS A Wayne Bissell email about Trails Day in June. Chair Sirofchuck stated Wayne sent out an announcement telling about Trails Day and the opportunities for training; classroom training on the evening of June 2" some classroom and then field training on June 3 and 4 This is training to train. 5/9/2006 Parks & Recreation Committee Page 2 of 3 Ogle stated this is the grant Wayne and she worked on with Lisa Holzapfel and Kevin Myer. Holzapfel and Myer will be training about 24 Kodiak residents on how to maintain sustainable trails, and teach them training skills. This will run future grant dollars further because our labor will be our match. REPORTS A. Meeting Schedule: May 23, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. June 13, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. Ogle reported she will be taking the Summit Lake Project Grant Agreement to the Assembly Work Session on Thursday and the subsequent Assembly meeting on the following Thursday. The Borough's match will be Soil & Water doing all the labor. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBERS' COMMENTS Patrick Saltonstall will not be here for May 23 meeting, and Mike Sirofchuck and Hans Tschersich will be out June 13 meeting. SIROFCHUCK reported the Abercrombie Comp Plan comment period has been extended until the 17` There are going to be major changes according to the plan; paving of roads, big bus turnaround by Miller Point, and more trails. There's a lot of development in the Comprehensive Plan. He urges everyone to look through it and mail in your comments. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER SALTONSTALL MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER FOREMAN. The meeting adjourned at 8:13 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: July 11, 2006 5/9/2006 KODIAK ISLAND BOROUGH PARKS & RECREATI'N COMMITTEE huck, Chair Parks & Recreation Committee Page 3 of 3 Committee Members Present Absent Excused Others Present Hans Tschersich X Mary Ogle Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck -Chair X Murphy Forcer X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Amdt X KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING -MAY 23, 2 MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on May 23, 2006 in the Borough Conference Room. L A quorum was not established. Due to a lack of quorum, the meeting was not held. A'l JtST By: - 19 10ri c - C1 Sheila Smith, Secretary Community Development Department DATE APPROVED: July 11, 2006 KODIAK ISLAND BO) OUGH PARKS & RECREATION EE By: BOROUGH CLERK'S OFFICE e Sirofc i e fuck, Chair Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair X Duane Dvorak Hans Tschersich X Community Development Dept. Pam Foreman X Kevin Foster X Jeff Huntley X Patrick Saltonstall X Andy Schroeder X Vacant Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Amdt X Jordan Rodgers X ROLL CALL ATTEST By: \C 1P t Off, (tirn i SE Z June 13, 2006 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE REGULAR MEETING -JUNE 13, 2006 MINUTES D 1[ JUL 1 2 2006 BOROUGH CLERK'S OFFICE CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by DUANE DVORAK on June 13, 2006 in the Borough Conference Room. A quorum was not established. Due to a lack of quorum, the meeting was not held. Sheila Smith, Secretary Community Development Department DATE APPROVED: July 11, 2006. KODIAK ISLAND • 2j• • PARKS & RECRE TION , t d f tirr irof 'uck, Chair P & R Minutes: Page 1 of 1 Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair X Mary Ogle Hans Tschersich X Community Development Dept. Patrick Saltonstall X Pam Foreman X Kevin Foster X Jeff Huntley X Andy Schroeder X Vacant Wayne Biessel Ian Fulp Barbara Williams Roy Brown Scott Arndt Jordan Rodgers ROLL CALL KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING -JUNE 27, 2006 MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on , 2006 in the Borough Conference Room. A quorum was not established. Due to a lack of quorum, the meeting was not held. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: July 11, 2006. June 27, 2006 By: ECEIIVE BOROUGH CLERK'S OFFICE KODIAK ISLAND BO PARKS & REC ATIO. C aI e ;rho -'' UGH Chair P & R Minutes Page 1 of 1 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 June 21, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Jerrol Friend — Chair David King Gary Carver Brent Watkins Dennis McMurry Casey Janz Gary Juenger APPROVAL OF AGENDA P & Z Meeting Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIC REGULAR MEETING MINUTES JUNE 21, 2006 ITECEOVE ti JUL 2 1 2006 BOROUGH CLERK'S OFFICE X X Absent Others Present Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. COMMISSIONER McMURRY MOVED TO EXCUSE COMMISSIONER JANZ and COMMISSIONER KING. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED unanimously. COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER McMURRY, and it CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes of May 17, 2006 as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments or appearance requests. PUBLIC HEARINGS A. Case 06 -015 . Request for a rezone, in accordance with KIBC 17.72.030 & 17.72.030.C, of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island- Lake Subdivision from R1- Single Family Residential to R2 -Two Family Residential. The location is 3174 through 3272 and 3217 through 3273 Ptarmigan Pass Street; 3226 through 3274 Arctic Tern Street, and it is zoned R1- Single Family Residential. June 21, 2006 Page 1 of 8 Staff reported the purpose of this request is to investigate the possible rezone of 19 lots within the Island Lake Subdivision from R1- Single Family Residential to R2 -Two Family Residential. After staff looked at the area it was determined the existing development is already at a certain density, and if it were rezoned to R2 it would create an anticipated density issue with adding two family dwelling units, possibly nonconforming lot sizes, and problems with setbacks and with making required parking. There is also concern with more families living there due to the roads that serve these lots are relatively narrow for emergency vehicles to maneuver due to not having a turnaround. Because of these reasons and the others listed in the staff report, staff recommends the Commission decline to forward this request to the Kodiak Island Assembly with the recommendation in the staff report. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve by ordinance the rezoning of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from RI- Single Family Residential to R2 -Two Family Residential. COMMISSIONER McMURRY SECONDED the motion. Regular session closed: Public hearing open: Lorna Arndt spoke in opposition to this request. Art Zimmer spoke in favor of his request. Public hearing closed: Regular session open: COMMISSIONER CARVER asked if the on- street parking is a problem now with the density Ogle stated she is aware of one violation, but it looks like a lot of people were just making the required parking for a single family unit. The lot depth is an issue because if the house is close to the road and they have to add two more parking spaces there won't be enough room for 4 parking spaces. It looked like people had a hard time getting two parking spaces in because of the common front yard setbacks. The lot width is such she doesn't know if they could get cars around to the back. COMMISSIONER CARVER asked if this were to be rezoned to R2 and we were to have two family housing would each of the individual parcels and owners be required to prove additional parking before they could sublet or rent an apartment. Ogle stated yes, any change of use is required submit a new parking plan. CHAIR FRIEND stated he doesn't feel comfortable making a decision yet and would like to hear what the Fire Department has to say about this request. A brief discussion. It is the general consensus that staff address the parking issue in more depth, discuss this request with the Fire Department, and the number of developed and undeveloped lots in the area. P & Z Meeting Minutes June 21, 2006 Page 2 of 8 COMMISSIONER McMURRY MOVED TO AMEND the motion to postpone until the next regular meeting until they get further answer from the fire department and Community Development on parking on July 19. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 5 -0. B) Case 06 -016. Request a review of a detailed site plan in accordance with KIBC 17.33.030, of the proposed site plan for a new public swimming pool facility to be developed on a portion of Lot 2, U.S. Survey 2538A (behind the National Guard Armory). The location is the back half of the National Guard Armory, a portion of Lot 2, U.S. Survey 2538A, and it is zoned PL- Public Lands. Staff indicated right now the pool site design including the site plan is at 35% of total. Based on what was provided at 35% staff finds it is compliant with the applicable standards and zoning ordinance that regulates this type of site plan. Staff recommends approval of this detailed site plan. As the site plan comes along, it is anticipated that there will be changes in the site plan and I requested last week at the packet review is that the commission is if you wanted to put stipulations in as to what type of changes could be made to the site plan that would be allowed to be reviewed by the staff administrator, and then what type of changes you would want to see revised at that time come back to a public hearing. COMMISSIONER CARVER MOVED TO APPROVE a detailed site plan, per KIBC 17.33.030, of the proposed site plan for a new public swimming pool facility to be developed on a portion of Lot 2, U.S. Survey 2538A (behind the National Guard Armory). COMMISSIONER McMURRY SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The Commission discussed this request and has seen how it has progressed, and feel the architects are on top of things. They also feel they don't need to set a threshold on what type of site plan changes would need a new public hearing The question was called on the main motion, and CARRIED 5 -0. C) Case S06 -017. Request preliminary approval, in accordance with KIBC 17.40, of the replat of Lot 7A and Lot 6C, Block 6, Miller Point Alaska Subdivision, 1st Addition, creating Lots 7C, 7D, and 6C -1, Block 6, Miller Point Alaska Subdivision, 1st Addition; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of a 10 -foot utility easement on Lot 7, Block 6, Miller Point Alaska Subdivision 1 Addition. The location is 384 & 408 Lilly Drive, Miller Point Alaska Subdivision, 1st Addition, Block 6, Lots 6C and 7A, and it is zoned R2 -Two Family Residential. Staff stated the applicant is requesting to do an interior lot line adjustment in addition to creating one additional lot. Staff found most of the standards of the zoning and subdivision control ordinance were satisfied. Staff does have some conditions of approval to ensure satisfaction of the zoning and subdivision control ordinance. There was concern P & Z Meeting Minutes June 21, 2006 Page 3 of 8 about Condition #4 about prior to final plat approval coordinate the relocation of water and sewer utilities with the City of Kodiak Public Works Department as required by the letter dated May 23, 2006 from that agency. If you look at your site plan, the sewer and water utilities run across proposed lots 7D, so if the property was built on, it is presumed, those utilities would have to be relocated. Ogle believes the applicant wants to delay the relocation until the lot is sold. Staff recommends approval of this request subject to the five Conditions of Approval based on Findings of Fact. COMMISSIONER McMURRY MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 7A and Lot 6C, Block 6, Miller Point Alaska Subdivision 1st Addition, creating Lots 7A -1, 7A -2 and Lot 6C -1, Block 6, Miller Point Alaska Subdivision 1st Addition, subject to the conditions of approval contained in the staff report dated June 7, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Mark St. Denny spoke on behalf of the petitioner. He asked if it would be acceptable for just before preliminary approval to have a temporary easement attached to this preliminary approval until Lot 7D is developed. Ogle stated it would be a Condition of Approval and when a building permit is drawn for new construction they are required to get a zoning compliance certificate. Part of that review is to look back at previous cases and look for conditions such as this Once you receive your building permit, the first thing you do is begin digging your foundation, but at that time the utilities should have already been moved. Ogle asked St. Denny what if when the lot was sold or developed. St. Denny said that before the property owner develops the lot the utilities will be moved. Ogle asked if the owner wants the final plat approved and recorded before she has to move the utilities. Maybe twelve months of the final plat recording if they have to be moved. Public hearing closed: Regular session opened: The commission discussed the water and sewer utilities and where they lay. COMMISSIONER JUENGER stated he has a conflict of interest so he left the room for this case. COMMISSIONER CARVER MOVED TO AMEND Condition #4 to read within 12 months of final plat approval coordination of relocation of water and sewer utilities with the City of Kodiak as required in the letter dated 8/23/2006 from that agency. The motion COMMISSIONER WATKINS SECONDED the motion. CONDITIONS OF APPROVAL Change the lot designations on the final plat for proposed Lots 7C and 7D and designate P & Z Meeting Minutes June 21, 2006 Page 4 of 8 them 7A -1 and 7A -2 to be consistent with proposed Lot 6C -1 and past practice in the KIB. 1. Prior to final plat approval, provide a revised parking plan for proposed Lot 7A -1 (7C) showing that the maneuvering area in front of the garage is adequate to meet the requirements of KIBC 17.57. 2. Place a note on the final plat indicating that further subdivision of the flag lot (7A -1) is prohibited as required by KIBC 16.40.050.B.3.a.i. 3. Within 12 months of final plat approval, coordination of the relocation of water and sewer utilities with the City of Kodiak as required in the letter dated May 23, 2006 from that agency. 4. Relocate a portion of the driveway and related improvements serving proposed Lot 7A -1 (7C) in order to ensure the driveway is properly located within the flag access portion of the lot. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called on the main motion, and it CARRIED 5 -0. The question was called on the amended motion, and it CARRIED 5 -0. D) Case S06 -018. Request preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C -1A, Woodland Acres Subdivision, 7th Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1 Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1 Addition and Tract B, Trinity Islands Subdivision. The location is 3400, 3450, 3472, and 3484 E. Rezanof Dr. Tract, and it is zoned B- Business. Staff reported the applicant anticipated reconfiguring the plat and has requested postponement until the July 19 meeting. Staff agrees with this postponement since he is reconfiguring. COMMISSIONER CARVER MOVED TO POSTPONE this case until the July 19 regular meeting. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 5 -0. E) 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 KI -Light Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, Lot 1, and it is zoned C- Conservation. P & Z Meeting Minutes June 21, 2006 Page 5 of 8 Staff reported the commission recommended denial of this case at the May 17 regular meeting but did not have Findings of Fact prepared at that meeting so it is continued at this meeting to state Findings of Fact for the record, and then the appeal period will officially begin for this case. COMMISSIONER WATKINS MOVED TO ADOPT these four items as Findings of Fact for this case: A. This site is not consistent with the Monashka Bay Comprehensive Plan. The Comp plan designates an area further out the road system for LI -Light Industrial that does not have the potential to adversely impact residential area. B. The terms of the Conditional Use permit have not been met to date C. The composition of the fill at this site is suspect and may contain materials that adversely affect the local aquifer. D. It is clear that goals and objectives of the Comprehensive Plan that even the "Commercial zoning" of this lot be very limited in its scope and was not intended to be a "full Commercial zone" under the 1985 Kodiak Island Borough code. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch, the agent for this case stated she took exception of the Findings of Fact. If there are findings of fact they need to stay within the duties of the Planning & Zoning Commission. Public hearing closed: Regular session opened: COMMISSIONER WATKINS MOVED TO DELETE item C from the Findings of Fact. COMMISSIONER JUENGER SECONDED the motion. A, This site is not consistent with the Monashka Bay Comprehensive Plan. The Comp plan designates an area further out the road system for LI -Light Industrial that does not have the potential to adversely impact residential area. B. The terms of the Conditional Use permit have not been met to date. D .It is clear that goals and objectives of the Comprehensive Plan that even the "Commercial zoning" of this lot be very limited in its scope and was not intended to be a "full Commercial zone" under the 1985 Kodiak Island Borough code. The question was called on the main motion, and it CARRIED 5 -0. The question was called on the amended motion. The vote was Ayes: COMMISSIONERS CARVER, FRIEND, JUENGER, AND WATKINS and the Noes: COMMISSIONER McMURRY. COMMISSIONER McMURRY changed his vote to Aye; motion CARRIED 5 Ayes, 0 Noes. P & Z Meeting Minutes June 21, 2006 Page 6 of 8 OLD BUSINESS There was no old business. NEW BUSINESS A) 17.06 Definitions — Junk. Staff reported staff has been revising Title 10, specifically Title 10.10 -Junk and Abandoned Vehicles. Title 10 is called Vehicles and Traffic, which is confusing because Title 10.10 is being called Junk & Abandoned Vehicles, but we think it should be called Junk Vehicles and Abandoned Vehicles. This is code language dealing with anything to do with vehicles. There was direction given to add a definition of what junk is, and that is in 17. The thought behind this request to add a definition of junk is there appears to be discrepancies or legal concerns with enforcing junk, non automobile vehicular related under Title 10 because Title 10 is only suppose to regulate vehicles and traffic. COMMISSIONER CARVER MOVED TO FORWARD the proposed revision to KIBC 17.06, Definition for `junk ", to the Kodiak Island Borough Assembly with a recommendation that it be adopted as an ordinance amendment. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5 -0. B) Recommendation for borough Acquisition of the Kodiak Christian Fellowship Subdivision Lots 1B and lE according to KIBC 18.10. Staff reported this subdivision was approved approximately one year ago with some public comment during the public hearing about the lack of open space /parklands within the entire Woodland Acres area. At the regular meeting of May 18, 2005, the Planning & Zoning Commission granted preliminary approval with the recommendation that the Kodiak Island Borough has a one year option to purchase Lots 1B and lE or trade property for Lots 1B and 1E. It is now necessary for the Planning & Zoning Commission to make a formal recommendation to the KIB Assembly as to whether or not, from a community planning perspective, that these lots should be acquired by the Borough from the property owners. COMMISSIONER JUENGER MOVED TO FORWARD a recommendation to the KM Assembly, in accordance with Title 18.10.030, for the acquisition of Lots 1B and lE of Woodland Estates Subdivision, Block 4. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5 -0. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED unanimously. REPORTS Ogle reported she has resigned and this will be her last Planning & Zoning meeting. She hopes she has served the community the best she could over the past year. Meeting schedule: • July 12, 2006 work session at 7:30 p.m. in the KIB Conference Room • July 19, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers P & Z Meeting Minutes June 21, 2006 Page 7 of 8 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Gary Juenger said Mary sets a good example, he will miss her. Juenger will not be at the July meeting because he will be out of town. Brent Watkins stated he will miss Mary Ogle Gary Carver gave Mary Ogle his sincere thanks, and she has done a great deal for Kodiak Island.. Dennis McMurry said he wishes her well in her new endeavors. Jerrol Friend thanked Mary Ogle and working with her has been a privilege. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:40 p.m. ATTEST By: e ct,` c. Sheila Smith, Secretary Community Development Department DATE APPROVED: July 19, 2006 P & Z Meeting Minutes By: KODIAK ISLAND BOROUGH PLANNING AND ZO II '. s M u S SION Je of Friend, Chair June 21, 2006 Page 8 of 8 Present: Sharon Lea Adinolfi Kevin Arndt Scott Amdt Charlie Lorenson Ed Mahoney Greg Spalinger Dennis Symmons A quorum was established. SERVICE DISTRICT NO. 1 BOARD REGULAR MEETING MINUTES MAY 17, 2006 @ 7:00 P.M. KODIAK HIGH SCHOOL COMMONS CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:03 p.m. ROLL CALL: Absent: Staff: Jessica Kepley, E/F Bud Cassidy, E/F Todd Jacobson, Engineer R& M Consultants, Inc. Louis Rocheleau, Contractor Brechan Enterprises, Inc. Also present were a number of Woodland Acres Subdivision residents. (Please see attached public sign in sheet.) ACCEPTANCE OF AGENDA: D)ECEIVE El JUL12Ea BOROUGH CLERK'S OFFICE SL. ADINOLFI requested six action items from the last meeting [25 April 2006] be added to the present agenda and updates given. The action items were added and the agenda was amended. It was MOVED, G. SPALINGER, and SECONDED, C. LORENSON to accept the agenda as amended. The motion CARRIED unanimously. APPROVAL OF MINUTES: It was MOVED, S. ARNDT, and SECONDED, G. SPALINGER to approve the Minutes [25 April 2006] as submitted to the Board. The motion CARRIED unanimously. VISITOR'S COMMENTS: None. OLD BUSINESS: None. CHAIR'S REPORT: gIA R . C Y, during his report, gave updates on the six action items that were added to the A en� t i iti, f "(A) Drama e Issue on Larsen's Property Located on Sharatin Way: There still existeci a d wage issue on the aforementioned property located on Sharatine nat.) aki 3 k f 13 twW9ft r was a letter that was to be sent to the property owners explaining the ..wn,—. — TTOTr'f s concern. He would work with B. Cassidy on this letter. (B &C) SD Property Owners Not Paying Taxes and Financial Information to KIB Assembly e Tax Payers: Financial information was to be submitted to the Assembly before anything was to be done on this issue. (D) Joint Work Session Between Service Area Boards: Chair alerted the Board that he was in the process of coordinating a joint work session between the Service Districts. He directed J. Kepley to contact each Board's Chair to establish time and dates. (E) Replacing of Road Signs in the District: He reported that 30 signs were ordered to be replaced throughout the Service District. Once they were received, the Contractor [Brechan] would begin installing them. (F) Shahafka Drainage With Tim Hurley: The drainage issue located in the Shahafka Circle cul -de -sac remained unresolved as it was beyond the Board's capability to handle. E. MAHONEY also reported that he'd contacted Brechan Enterprises and they were to repair the potholes located on Selief Lane. NEW BUSINESS: A. WOODLAND ACRES PAVING DISTRICT 2006 PAVING PROJECT B. CASSIDY addressed the residents of Woodland Acres Subdivision Paving District and thanked them for attending the meeting. He confirmed with everyone in attendance that they'd received an Objective/Map handout and then proceeded by introducing T. Jacobson and L. Rocheleau. He told the attendees there were a number of issues needing to be resolved and decisions to be made in order to proceed with paving Woodland Acres Subdivision. The issues being considered at this meeting were: • Width of Pavement on the Roads • Paving Driveways to Property Lines • Width of Driveway Paving • Phasing • Drainage Issue Costs • Grinder Pump Replacement Residents inquired of the Board, the process that would be followed to assess properties located within the Subdivision. B. CASSIDY explained the properties would be assessed strictly by the value of the land and the assessments would be different than that of the Trinity Island Paving Project due to the difference and types of lots. S. ARNDT stated there are a number of lots in Woodland Acres Subdivision that are zoned for duplexes, that don't exist in the Trinity Island Subdivision, so the two would be difficult to compare. The meeting continued with each Board member giving their opinion on the issues presented, then public comments to follow. • WIDTH OF PAVEMENT: S. ARNDT: Make the asphalt as wide as can be. There is a combination of bikers and pedestrians that traverse the subdivision roads and he felt consideration should be given to the pedestrians, when planning the paving of the roads. His thought was that the main road on Puffin and Curlew should be wider than the other side roads, pointing out there are roads that presently exist, which are too narrow, such as Katmai Drive. D. SYMMONS: Questioned whether there were any road preparation codes that regulate the widths of the Borough roads. He felt pedestrians should be given consideration. T. JACOBSON interjected and alerted the Public that past history has shown, the wider the streets, the faster the vehicles travel, especially on the throughways. G. SPALINGER: Agreed while preparing for the paving, pedestrian usage of the roads should be considered. C. LORENSON: Felt the streets should be made as wide a possible, due to the erosion of the pavement through the years, which can be seen on other streets throughout the District. He believes the full width of the road should be used. K. ARNDT: Asked that the Engineering team look at the roads now, which are wider at the moment, but that once ditch cleaning and repairs are completed the roads will be a lot smaller. He agreed with C. LORENSON on the deterioration problem. SL. ADINOLFI: Agreed with the general consensus of the Board to make the streets as wide as possible. E. MAHONEY: Felt the design should work with what is presently available. L. ROCHELEAU recommended all the main thoroughfares should be 30' in width, with the remaining 80% of the roads measuring 26' in width. T. JACOBSON explained to the audience the general width of residential streets, including throughways and cul -de -sacs. He stated that he and B. Cassidy had done a drive through the Subdivision during the day and observed quite a bit of public traffic on the roads, thus his suggestion is to make the main roads of the subdivision wider, but not get too carried away with the width. He notified the public that an average residential street is approximately 30' wide. B. CASSIDY spoke up and told attendees the key usage for the roads considered to be paved are for driving; however they do understand there are other uses for the roads. He explained the Borough does not presently have standards or a universal code for road width. SCOTT GREENSTREET, public attendee, addressed the Board alerting them that the cul -de -sacs in the Subdivision prohibit school buses from being able to turn around due to their smallness in size. Thus, the buses are only able to traverse the main roadways, making children of all ages walk through the entire subdivision in order to catch the bus and this makes it very dangerous, because they have to travel through the busiest intersection of the Subdivision (Gull and Curlew). T. JACOBSON said it would be a good idea to make all the cul -de -sacs measure a radius of 50', that way there would be adequate room for school buses to tum around. • PAVING DRIVEWAYS TO THE PROPERTY LINES & WIDTH OF DRIVEWAY PAVING: S. ARNDT: Felt the more paving that could be done to the driveways and the more gravel that is off the roads, the more life out of the asphalt. He suggested the option to possibly pave the driveway 5' past the edge of the roadways. He said most of the asphalt deterioration is due to the break up in the ROW, due to loose gravel from driveways. His recommendation was to pave all driveways up to the property lines; however encouraged the property owners to pave their entire driveways. Regarding the width of the driveways, his feelings were to adjust the assessments of the properties to include paving the width of the driveways- whether single or double driveways -on each piece of property. D. SYMMONS: Refrained from commenting, due to lack of experience with the subject.. G. SPALINGER: Recommendation paving to the property lines and let the property owners decide on the width of their driveways. C. LORENSON: Agreed upon paving to the property lines, but felt the decision of paving the entire driveways should be left up to the property owners, that the bulk of the residents should not have to pay for the entire Subdivision paving each driveway completely. K. ARNDT: Conveyed every driveway needs to be paved from side to side, the full width, from culvert to culvert. SL. ADINOLFI: Agreed with K. Arndt. E. MAHONEY: Felt the paving should be done to each property line and thought there should be a "happy medium" established on the paving of the width of driveways. B. CASSIDY stated his observation is there are a number of double driveways. Most driveways average a width of 12', so if they are doubled, that is approximately 24'. T. JACOBSON told the Public that it could be possible to continue with extending the driveways to the property lines in the plan, but that perhaps a condition to the design would be to include a square foot rate for asphalt, giving each property owner the option to pave their entire driveway, separately from paving of the roads. Discussion held about the effort to keep uniformity throughout the subdivision when making the paving decisions. Various grades, culverts, and the thickness of the pavement throughout the area will be considered. The majority of the pavement on thoroughfares of the Subdivision are designed to be 3" thick. B. CASSIDY told the Public, when asked, that the culverts within the property boundaries are under the responsibility of the Homeowners, designated by Borough Code. E. MAHONEY agreed with this statement adding, the driveway and culvert enforcement seemed to be hit or miss, but it should be included in the overall cost of the construction; and this should be mandated by the Building Inspectors during construction. S. ARNDT spoke up telling the audience that through the engineering process of constructing the Subdivision, there were problem areas and drainage issues that came up. Since then most of them had been remedied, however if there are any damaged culverts, any that need to be added or replaced, now is the time to make the repairs before the paving project is started. T. JACOBSON suggested perhaps this additional cost could be included in the overall cost of the paving and some kind of balance could be established. • PHASING: B. CASSIDY spoke about the parking/paving process that occurred during the Trinity Island Paving Project, telling the attendees at this meeting, it would be beneficial to try to establish a similar plan; which was, the residents parked their vehicles away from the Subdivision while the asphalt was applied. L. ROCHELEAU reminded the Public that the Woodland Acres Subdivision was a larger area and recommended the paving be done in phases. He laid out an impromptu phasing plan to the attendees, making the main throughways the priority, followed by portions of the secondary roads; opening a phase at a time, completing, and moving on to the next phase. SL. ADINOLFI commended L. ROCHELEAU on the letter he handed out to the Trinity Island Subdivision residents, providing them with instructions and directions during the paving process. She recommended the same thing happen with Woodland Acres Subdivision, feeling the residents would be happier knowing what is happening, the process, and what to do during the process. L. ROCHELEAU recommended to the property owners, to keep the cost of the paving project down, labor included, they could choose whether or not to have full time traffic control. With the absence of flagging persons, everyone should receive a letter advising drivers to maintain eye contact with the operators of the equipment, and to obey all signage that will be posted, etc. T. JACOBSON suggested while school is out during the summer, it may be a good time to pave the main throughways. One resident commented it would be nice to pave areas throughout the Subdivision for school bus stops and to construct bus shelters for the children. She also asked that during construction on the roads an area be designated for pick up of the children. C. LORENSON agreed, mentioning that it would be nice to pave the dumpster pads as well. PEGGY TUTTLE, a resident, questioned the Board about the possibility of extending Wolverine Way, as another access during the construction and paving of the roads. G. SPALINGER suggested doing the same thing to Coho Lane; and S. ARNDT agreed those ideas were good, especially if for any reason another access would be needed, such as an accident, emergency, etc. • DRAINAGE ISSUE COSTS: S. ARNDT asked for the drainage issues to be addressed and the engineer return to further discuss the issue with the Public; recommending multiple meetings be held before going to the Assembly. He believed it was too late to get any paving done this summer; however most of the issues could be discussed and decisions made in the meantime. B. CASSIDY told the audience he and T. JACOBSON, while on the drive around, observed the various problems on Sean Circle and felt the most problematic area for the Subdivision (prior to paving) was on that particular street. The different problems that they would be addressing were: poor or no drainage, no manholes (new ones would have to be installed) and grinder pump problems (replacing the old pumps and tying the Subdivision into the gravity fed pumps). He felt the grinder pump issue was a main issue. L. ROCHELEAU agreed that the drainage issue was a concern and told the Board they would most likely need to be involved in resolving the matter. Attendees commented they wanted to see some kind of work done this year. They believed the project had been stalemated and were frustrated that this project seemed to have been tabled for such a long time. They felt in order to make progress, multiple meetings should be held and updates given to the Public on a regular basis. Another concern was there has already been a tremendous increase in project cost, with the price of oil still on the rise, the cost to the project will have doubled again by this time next year. L. ROCHELEAU assured the audience if a bid was awarded this summer for the project, the cost of oil would be locked in, and would not increase later on. B. CASSIDY pointed out to the Public that progress was being made; meetings were being held and an engineer was on board assisting with the project. He explained there were certain procedures that had to be followed in order for the project to continue and be finalized. T. JACOBSON agreed, telling the attendees he would begin working on a scope of work, basic cost estimate, a time schedule, and additional alternatives to the various problems that were likely to come up. At this time the Service District Board, B. CASSIDY and T. JACOBSON discussed a potential meeting date [June 7` @ 7:00 p.m.] be scheduled providing further discussion and updates to be given to the public. BOARD COMMENTS: SL. Adinolfi: Said it was nice to see people attend the meetings. K. Arndt: Convincingly told the Public and the Board there were roads in the District/Subdivision that had the potential to be completed soon. Minor improvements needed to be made; but he encouraged all to keep making progress and to get things done. S. Arndt: Thanked B. Cassidy and conveyed he was happy to see things were progressing in the right direction. C. Lorenson: None E. Mahoney: Thanked T. Jacobson for his assistance and asked that he piece together something for the next time the Board met. He urged everyone to keep moving forward. G. Spalinger: Thanked the Public for attending the meeting. He told them he felt their input helped the Board make progress on the projects. D. Symmons: Relayed to the audience he felt convinced the Board and B. Cassidy cared about the Public and were trying to find a resolution to the problems. MEETING SCHEDULE: The next meeting was scheduled for June 7, 2006 at 7:00 p.m. in the Kodiak High School Commons. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:00 p.m. SUBMITTED BY: Jes KI elk• A% of y , f retary t ngineering / Facilities Department APPROVED BY: y, Chair Area No. 1 Date: Date: 06 C z '\ \ c-1 4 Haw tuAr IIBMS°' strat[abs JVIQl a!l1!M syAl o re g_ z ulAl uosuug s1A1 Of . sTAI Reim° AN S hhu1urni ITAT 1 WWI sumEN1 slAI . _ CA 3 o ai up z III V 1 1AI . uosuR1a tFN .� ffems0 * stroudgis 1V101 'd 0 01 up z Q�N'iNt uosuewg syAI ti uemso suagldaiS ' 1v D1 S!m.M syA1 c c U cn a C �� N \ n n n A now uw uosueIg II 'sTAI II ileim° m II suatithis tYAI II sluegIIlfiA U cn 3 0 A ID N U 0) 0 x 0 6 z O I oi 11 1 141 uoswag tL�I uo I 4 sulemm. sIsI 1V101 < 8 0 1 0 O NUJ 1 1/1 swell 1 0 ad 'Ii.LQI 1' IINV * H= 'ITN suxicb)s 0 ' C (� o c\ xi ca IlaRVVsI uosurag - s AI 11RASO'JNI Str mm sNI 'viol c— 0 z 0 A I/t. a •-INI a O J NI - -Y., BFI' sy�I sua1cs I I llum sTAI 'IVI.O1 T U Gt z n 5 ` 0 naw nI 11 N O Itlte I sinqdxsuill I sumnhow II �_ - 1 0) 0 x b O o vJ z E R 'N uosnug syq • uBms0 Am:ma AN amichi trw sia!m.M sN 1V10L 0 ai z > IRV � uosurag tNI I �r ern[ uemso I O sualcbis sure!Q!M sL�t -want Z 1 / ug sy4 ' supt[ds singqfM s J IN.LO.L DI cn � S Q cecm ,, y CO v) Z 0 ±1 n uYsl 1 ffems0 $4q sqc s '4[ stue!mm SIN • WWI n % -C I fl3'l 11 3 'N11 1 1 il M 0 N A g c4 0 ° a� f August 3, 2006 — 7:30 p.m. Regular Meeting Assembly Chambers 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymember Jeffrey and other Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda as submitted. VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of July 6, 2006. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 6. AWARDS AND PRESENTATION - None 7. 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 IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS - None Kodiak Island Borough Assembly Guidelines August 3, 2006 Page 1 9. PUBLIC HEARING — Limited to five minutes per speaker. A. State of Alaska Alcoholic Beverage Control Board NEW Seasonal Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) (Clerk's Note: Attached on green paper is the comment form from the State of Alaska and two other public hearing notices received.) Recommended motion: Move to protest the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.). Staff Report — Clerk Javier Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT — Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR — Mayor Selby 12. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The motion that is before the Assembly from the July 6 meeting is to "Adopt Resolution No. FY2007 -01." Staff Report — Manager Gifford Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines August 3, 2006 Page 2 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. Recommended Action: Move to approve Contract No. 2007 -07 the City of Kodiak for the period of July 1, 2006 through June 30, 2008 in the amount of $72,380 per year. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as Reflected on the Attached Map. (Clerk's Note: Attached on white paper is the revised map.) Recommended Motion: Move to adopt Ordinance No. FY2007 -04 to advance to public hearing on August 17, 2006. Staff Report — Manager Gifford. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. (Clerk's Note: Attached on blue paper is the corrected version which was made available to the public.) Recommended Motion: Move to adopt Ordinance No. FY2007 -05 to advance to public hearing on August 17, 2006. Staff Report — Manager Gifford. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines August 3, 2006 Page 3 D. OTHER ITEMS 1. Appointment to the Personnel Advisory Board. Recommended Motion: Move to confirm the appointment of Mr. Chris A. !Olsen to the Personnel Advisory Board for a term to expire December 2007. Staff Report — Manager Gifford. ROLL CALL. VOTE ON MOTION 14. 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 IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS — Mayor Selby The Assembly will hold a work session on Saturday, August 5 at 9 :00 a.m. to discuss the use of the facilities fund at the Kodiak Fisheries Research Center's main conference room. The Assembly will meet in a work session on Thursday, August 10 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 17, 2006 at 7:30 p.m. in the Assembly Chambers. 16. EXECUTIVE SESSION (Clerk's Note: Discussion should be limited to the subject stated in the motion to hold the executive session. 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 evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE Please invite all Assemblymembers, the Mayor, and the Manager to participate. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines August 3, 2006 Page 4 Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 3, 2006 Page 5 S C G),t$ i 4„) 5GI / »itufl SCW-A - Um M 04, It RA AaA0 YO j WA/ ¥\\1*tv6 (9Q) l I 6S< -44 4 Ao/ ne g • ? -' -- c - U\ - \k/ \ Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: efr/oA Please print your name Ak q Zoo 40 OROUGH CLERK'S OFFICE COPIE %TO: ASSEMBLY ✓MAYOR KOD it �,/J a .MANAGER OTHER F AA) woad_ LiAC..-- 4-0 r on RuaftS_ +) yrn./ �Ao - r o,s I +0 efezce_ a 6iiPl, ° e< : J as b &nvs i Lt.) e- a- btu) - , 0 L vim• t<Q -- > e11 ` mod w ire, t coo 1 S � 4e - a I lw a + S A. Wos l s r i , bid CDrsld�,� -i Nov., k� Q- hue- Sn.- pos 4 (Lim o — G"`eg— `"",CQ Ire/ , cl . Ms. Rhaylene Abbey PO Box 2331 Kodiak, AK 99615 S oto-La-II Message Nova Javier Page 1 of 1 From: Dan .• - n , • . corp.com] uesday. Auaust 01. 2006 8:36 A `• AK ISLAND BOROUGH U 1 , I I r N Sent: CLERK'S OFFICE Subject: Woodland Acres Paving Access District COPIED TO: ✓ ASSEMBLY___ MAYOR MANAGERLL OTHER I Dan Armstrong and my wife Cindy Armstrong at 3802 Coho Circle, are apposed to the paving projectT of ert at if the people on the main thru fare are so adamant about getting it paved then they should bare the expense.As far as it being a hazard because people have to transition around the pot holes, that's a Borough and Service District problem that they need to remedy, there are people already complaining about people driving way to fast what do they think is going to happen when the roads are paved and people don't have to slow down for the pot holes. Please make this available to the Assembly members. Dan Armstrong I Odom Kodiak BWS Sales 1 5152 Tom Stiles RD 1 Kodiak Alaska 99615 1 12: 907- 487 -45451 : 907 -539 -6036 I 907- 487 -4547 1 >:4: dan.armstrongc5odomcorp.com 8/1/2006 Nova Javier From: Sent: To: 7/27/2006 Davi et Tuesday, July 25, 2006 5:39 PM No Subject: Woodland Acres Paving Project Page 1 of 1 To Whom It May Concern, In regards to the letter of July 24, 2006 for the proposed paving project in Woodland Acres: I am requesting that you and the other members of the assembly vote NO. The time to do this project at a reasonable cost has passed. Please stop this process. We pay taxes to the service district and their proper maintenance of this road system should be enough. David Billings 3549 Harlequin Court 486 -4464 Nova Javier From: Jeanne Billin Sent: To: Nova Subject: Woodland paving project Dear Mr. Stephens, Thank you for your letter of July 24, 2006 in regards to the proposed paving project in Woodland Acres. 1 would like you and the other members of the assembly to vote "NO ". Even more so now, knowing that the assessment will be based on the actual cost of the project and not by any estimate we have been given. We just cannot afford something like this paving project. Thank you. Jeanne Billings 3549 Harlequin Court 486 -4464 7/27/2006 Tuesday, July 25, 2006 5:30 PM i.net] Page 1 of 1 Paving Nova Javier Brian.E.Dau sc..mil on behalf of Daugherty, Brian AMT1 [Brian.E.Daugherty@uscg.milj Tuesday, August 01, 2006 8:53 PLI From: Sent: To: Cc: dallasandbronson @yahoo.com Subject: Paving • • . n h Borough Assembly, I do not want this paving project even if it is down to an estimated $9048.00. I have several reasons why My family is against this project. 1. Why is the quality being sacrificed, to cut cost so we can pay to have it fixed in a few years. I think maybe some of the funding should come from other sources besides the home owners so the job can be completed right the first time! 2. This paving project is going to greatly reduce the number of times we have the graders on the road. But the taxes I'm paying for this maintenance will not go down to reflect this savings are service district will have. So were is my tax money going to maintain the roads? 3. I do not want to be finance burden when I sell my home to pay out a large sum of money. 4. We can not afford another monthly payment of 100 plus dollars. We have a family to support and raise! Our family love's living here in Kodiak and want to improve are community, but we should not be asked as homeowners to fully support a road project that is used by so many! I have heard rumors on how the city of Kodiak runs there paving projects. I think they put a cap on what the homeowners pay and what is not covered by the homeowners is covered by the city. I heard the home owners are responsible for up to about $7000 dollars. If this is how the city runs there paving projects, maybe the borough should look into something like this to support the community instead of putting every thing back on the home owners. Is there any thing that the borough can do like this, so we can get are roads paved and get them paved correctly the first time. Thanks for your time, Brian and Denise Daugherty 3650 Puffin Circle 486 -0957 dallasandbronson@yahoo.com 8/2/2006 , mmstep @ptialaska.net KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: 4 CcEMBLY MAYOR_ RER, OTHER Page 1 of 1 Nova Javier From: kferris @alaska.net Sent: Monday, July 31, 2006 1:34 PM To: Nova Javier Subject: Woodland Acres Paving Project Dear Nova, I received Mr. Stephens letter about the revised assessment estimate of $9048 per lot for paving Woodland Acres and I am in support of this. Katrina Ferris 3408 Harlequin Court 1 KODIAK ISLAND BOROUGH CLERK'S OFFICE ASSEMBLY MAYOR TO: MANAGER MAYOR OTHER Nova Javier From: Chad Garland [garland17 @gci.net] Sent: Wednesday, August 02, 2006 5:09 PM To: Nova Javier Subject: WOODLAND ACRES. MY NAME IS CHAD GARLAND, I LIVE AT 504 SHEARWATER. I HAVE LIVED THERE APPROX. 10 YEARS. I AM AGAINST THE PAVING PROJECT. I DONT BELIEVE THE ROADS ARE BAD ENOUGH TO WARRANT A 9,000 DOLLAR BILL. 1 KODIAK ISLAND BOROUGH CLERKS OFFICE COPIED TO: ASSEMBLY ✓MAYOR MANAGER C') OTHER Mattson, Paul Ce: Subject: P.O. Box 881 Kodiak Alaska 99615 njavier©kib.co.kodiak.ak.us phhaacsalaska.net Public Hearing comments Woodland acres district KODIAK ISLAND B CLERKS OFFICE 1/ COPIED T E / ASSEMBL OTHER 1/ ytANAGER No paving in Woodland Acres Ever! This paving issue has been defeated many times and like a olood sucking Vampire it keeps coming back: I'm convinced that this will be rammed down our throat, like it or not. First, I am seethed 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. 1 have 9 additional issues I would like to share. 1. Paving projects on Kodak arterial roads don't hold up. Remember Mill Bay? Look at Resonoff. Puffin 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 mated by the developers signed off by the Borough. Sewers were not blasted deep enough and inadequate storm drainage was permitted. Many area nomes require sewer lift 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. Black -top pot holes will be more problematic than the Dirt wash -board we get. The comers © 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 comer 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 pace The property leans will inunediatehr evaporate bounce er equity. 8. 7.5%, That's 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. Duet, 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 tots because of the advantages of reduced traffic - slower traffic - less dust, and raise. 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! Paul H. Hanson 3584 Patrick Court Woodland Acres. t I•d 9L14- 964 -L06 eu..at O Due yyagezt l3'•C •6 c 90 LB Inc Nova Javier From: Sent: To: Subject: For Mel Stephens on Woodland Acres Paving Project Mel, As a resident at 3444 Puffin Lane I would encourage you to vote NO on the Woodland Acres Paving Project. I myself can't afford it at any price, because I know whatever price given to me can always change with cost overruns and is more than likely going to happen in this case. I do not feel sorry for those people who have problems with cars and potholes and so forth because I am in a position where I pretty much see all the traffic. There are very little people who actually drive the speed limit on that road, troopers included. I've seen many children almost hit by vehicles, dogs killed and unless pavement is put in right (speed bumps, sidewalks etc.) I see the pavement as just another hazard. I do however; feel sorry for the people with water and sewage problems and it should be addressed by the city. Isn't that what we pay those bills for? It feels pretty much like we are having this pavement deal shoved down our throats and there are many of us that feel that way but have not had the opportunity to express this to the assembly. Again, I encourage you to vote NO. Shirley Jones 3444 Puffin 7/31/2006 Shirley [jhsshirl @eagle.ptialaska.net] Thursday, July 27, 2006 4:47 PM Nova Javier V KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: / ASSEMBLY__,L MAYOR__ MANAGER_ OTR. -- Page 1 of 1 Nova Javier From: Sent: To: Cc: Subject: Nova Javier Re: Woodland Acres Paving Dear Mel Stephens and in addition the rest of the KIB Assembly and KIB Staff- Thank you for the letter asking Woodland residents for their opinions on the most recent proposal for paving (no aprons or driveway approaches, etc...) While my husband and I appreciate that costs are trying to be lowered to make this project more affordable, the description sounds like corner cutting and in the long run may end up costing us more when the street starts to fall apart prematurely and needs repair work. My husband and I stand by our opinion that we don't want to pay for paving no matter how low you can get the costs, we never have wanted it and I don't foresee us ever wanting it. On the other hand, if you are going to vote to approve it, please don't stick us with a half - assed, corner cutting final product. We would rather fork out the money for the original proposal, (please don't take that as we are for paving!) Thank you for your time and consideration, Ann and Tony Kirven. Nova Javier From: Eric McFarli e2mc Sen Tuesday, July 25, 2006 9:02 AM To: ova KODIAK ISLAND BOROUGH CLERKS OFFICE Subject: Fw: Woodland paving district ✓/ COPIED TO: , ASSEMBLY ' MAYOR✓ MANAGER OTHER Reply to Mr. Mel Stephens letter: I read your letter and I want to tell you personally how I feel about the cost, however I will forward my response to the clerk as well. I emailed all assembly memebers earlier and spoke to you voicing my concerns over the cost. I live on Sean Circle 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 Page 1 of 1 Nova Javier KODIAK ISLAND BOROUGH CLERIC'S OFFICE COPIE O: From: Hiram Newcomer [cpthiram @gci.net] ASSEMBLY__ MANAGEROTHER_ Sent: Sunday, July 30, 2006 10:52 PM To: Nova Javier Cc: tcabell @ptialaska.net; suei @gci.net; snoskwr @gci.net; scokinc @ak net; ranney64 @hotmail.com; mmstep@ptialaska.net Subject: woodland paving MB I AM OPPOSED TO ANY PAVING PROJECT IN WOODLAND ACRES. MARIE MINKOFF 3505 SEAN CIRCLE 7/31/2006 Page 1 of 1 Nova Javier From. Sent: To: Hello Nova, I am submitting this in response to a mailing I received from Assemblymember Stephens. Could you please distribute this to he and the other assembly members? Subject: Woodland Paving Protest Thank you, Mike Pfeffer Nova August 1, 2006 uesday, August 01, 2006 10:04 PM KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: ASSEMBLY,AYOR MANAGER. OTHER Page 1 of 1 top To the KIB Assembly: I am submitting this statement to express my unequivocal opinion of `no' to the Woodland Acres paving proposal(s). The initial project proposal was too expensive. Subsequent paving alternatives, representing a reduction in work scope from the initial proposal, are not acceptable options. While the attempts by the borough to reduce the cost of the project are admirable, the reduced -scope proposals do not provide an adequate long -term solution to the Woodland Acres paving problem. I urge the Assembly to vote `no' on this project at the August 3 Borough Assembly meeting. Sincerely, Mike Pfeffer 486 -1793 (3548 Gull Drive) Roxann White 486 -1793 (3548 Gull Drive) Yahoo! Music Unlimited - Access over 1 million songs. Try it free. 8/2/2006 Nova Javier From: Cassi [cassipfister @hotmail.comj Sent: Wednesday, August 02, 2006 9:40 PM To: Nova Javier Subject: Woodland Acres Paving Project In response to Mel Stevens letter regarding the Woodland Acres paving project, myself, Cassi Pfister and my husband, Matt Pfister would vote NO on the present proposal if we were on the assembly. We would like our roads paved but are not willing to forgo the equity on our house to do it. We appreciate all the time the assembly has put into this project and hope to see it move forward with a change to borough code that has the borough helping to pay the costs, but as the proposal sits right now our vote is "NO ". Thanks, Cassi & Matt Pfister 3901 Wolverine Way 486 -1486 8/3/2006 KODIAK ISLAND BOROUGH 7 CLERK'S OFFICE COP ED TO: ASSEMBLY YOR MANAGER OTHER Page 1 of 1 Nova Javier From: Sent: To: Subject: Mike Rostad [mrostad @hotmail.com] Sunday, July 30, 2006 4:41 PM Nova Javier Woodland Acres Proposed Paving To Whom It May Concern: We vote NO to pavement of Woodland Acres. Mike and Kathy Rostad 3570 Sean Circle (907) 486 -2908 KODIAK ISLAND BOROUGH YOR___ CLERK'S OFFICE COPIED 6 ASSEMBLY MANAGER___R OI'fIE Express yourself instantly with MSN Messenger! Download today - it's FREE! http: / /messenger.msn. click- url.com /go /onm00200471ave /direct /01/ Nova Javier Vote NO- disband the committee! Ty & Cheryl Rouse Vote NO disband the committee. Paul Hanson y 27, 2006 10: 3 Original Message From: Mel Stephens [mailto:mmstep @ptialaska.net] Sent: Monday, July 24, 2006 1:33 PM To: 'andersons05 @acsalaska.net'; 'smotis @gci.net'; 'gendrp @gci.net'; 'atkirven2 @gci.net'; 'akzurfleuhs @gci.net'; 'hsteven @gci.net'; 'dwkkodiakak @hotmail.com'; 'dnelson @gci.net'; 'tripp1993 @gci.net'; 'cherylk @ptialaska.net'; Hanson, Paul; 'tjwoodill @yahoo.com' Subject: Woodland Acres Paving The attachment is in Word. If you cannot open it, please let me know. Mel Stephens 1 KODIAK ISLAND BOROUGH CLERKS OFFICE COPIED TO: ASSEMBLY i 1AYOR �..l MANAGER �I OTHER From: Cheryl & Ty Rous tialaska.netj Sent: Thu [N To: Nova Cc: mmstep @ptialaska.net; Hanson, Paul; andersons05 @acsalaska.net; smotis @gci.net; gendrp @gci.net; atkirven2 @gci.net; akzurfeuhs @gci.net; hsteven @gci.net; dwkkodiakak @hotmail.com; dnelson @gci.net; tripp1993 @gci.net; tjwoodill @yahoo.com Subject: Woodland Acres Paving Even at $9000, it's still too much. We believe the final cost will more than likely still be an outrageous amount. We can't afford it!! Original Message From: "Hanson, Paul" <PHanson @alascom.att.com> To: "Mel Stephens" <mmstep @ptialaska.net >; <andersons05 @acsalaska.net >; <smotis @gci.net >; <gendrp @gci.net >; <atkirven2 @gci.net>; <akzurfleuhs @gci.net>; <hsteven @gci.net >; <dwkkodiakak @hotmail.com >; <dnelson @gci.net >; <tripp1993 @gci.net >; <cherylk @ptialaska.net >; < tjwoodill @yahoo.com> Sent: Thursday, July 27, 2006 9:04 AM Subject: RE: Woodland Acres Paving No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.10.4/396 - Release Date: 7/24/2006 Hello Nova Javier, Z Please accept this email as my strongly voiced " YES, I WANT PAVING /IMPROVEMENTS" opinion, which has never waivered at all, even when presented with the individual billing of $13,000+ for the entire project per individual /lot, which figure included repairing sewage problems and Sean Circle drainage problems. I did attend the last meeting of the Borough Assembly at which the Paving District (Kodiak Service District #1) was discussed. It seemed, at that meeting, that nearly everyone present was IN FAVOR of the paving project in one form or another and the lowered cost made the project seem more affordable to people. I am not worried about the "ultimate" cost, there are many ways to make the monthly payment to individual lot owners very bearable, even at the $13,000+ figure. What I'm concerned with is making sure we do a good enough job to begin with that we are not back re -doing portions of this project in the next 10 years or so or dealing with continuing problems because we elected to do the project as "inexpensively" as possible. I have lived at 3514 Sean Circle as the only owner, having built the house and moved in back in April 1985. I have, literally, "lived" for the day that paving would become a reality. I have fought dust on the nice days and pig -sty mud on the not nice days for 21 years this year and I am adamantly IN FAVOR of high quality work, i.e. 3" of pavement w/ aprons so drop -offs don't form into people's driveways and so that dirt and rocks from unpaved driveways doesn't obliterate the purpose of having our street paved to begin with. I want the drainage upgrades, I want the sewer problems fixed AND, this has been truly disgusting for me, PLEASE INCLUDE TAKING CARE OF OUR HORRIBLE DUMPSTER AND GARBAGE DOWN HERE!!! Include a paved turn -off with AT LEAST five, maybe six dumpsters!! The dumpsters should be accessible by young people as I see youngsters down there all the time struggling with huge loads of garbage just to get them over the taller dumpsters sides and properly into the dumpster. At the end of this winter I personally witnessed huge rats with their tails disappearing into the culverts and there are always plenty of large, ravenous ravens picking and scattering trash as well!!! When I drive down into Woodland Acres I feel like I'm living in a GHETTO, A SLUM!!! More and more houses are being built, side roads added on and NOTHING HAS CHANGED ABOUT GARBAGE COLLECTION!! The Borough is assessing our homes at some pretty high values and collecting high property taxes for the residents having to put up with huge garbage eating rats and ravens as well as having to pay large sewer,water,garbage bills AND then having to constantly pick up scattered, disgusting trash around these dumpsters. I want to see what kind of plan the Borough has for dealing with the garbage as well...thank you for your time concerning these matters....Sincerely, Shelley Thissen 8/2/2006 Nova Javier Sent: Monday, July 31, 2006 6:21 P To: Nova Javier KODIAK ISLAND BOROUGH CLERK'S OFFICE Subject: RE: SERVICE DISTRICT NO. 1 - PAVING DISTRICT... COPIED TO: ASSEMBLY t/ MAYOR r/ MANAGER BOTHER Page 1 of 1 fthiel [fth - a; dl - 1- nesday, July 26, 2006 5:34 PM mstep ial Nova Javier From: Sent: To: Cc: Nova Javier Subject: regarding letter Dear Assemblyman Stephens, Thank you so much for the informative letter. In the beginning I was very interested in paving our road, and then reality set in. At $5000.00 I could definitely work with it but the costs have escalated right out of our price range. We could afford it if it was absolutely necessary, but at this point when we have no definitive cost amount I can see it becoming much more than the $9000.00 + dollars. I would never make an expensive purchase for my home or my family on a long term contract that at best, would be based on a rough estimate. So it seems ludicrous that I would agree to what would essentially be a lien on my home and not even know the exact amount! My husband and I have a very good income. He works on the North Slope and I work at Safeway and have since 1969. Yes, 1969! Of course not all in Kodiak (and they do pay me very well, in spite of what my next door neighbor Mr. John Parker Jr. thinks). Right now it is not so much an issue of cost as much as it is an issue of the lack of competence in the way this whole matter has been and is being handled . It is beginning to feel like a giant circus act pitting neighbor against neighbor. We also have more expenses coming up in the sense that we are one of the few families on the very old and well worn grinder pump. We are looking at that upcoming expense also and realize that cost will come completely out of our own pocket. We are also very aware that our neighborhood is due a visit from the property assessor probably by next summer and we are pretty sure that our property value is going to take a considerable hike and with it our property taxes, another unplanned expense out of our pockets. At our age the thought of one of us becoming very ill or disabled is a constant reality for us. What then? All of a sudden the Borough would own our home if we could not pay for that road project! My husband and I are not young and we do hope to be able to sell our property one day in the not too distant future and when we do we would like to make somewhat of a profit from it. I am sure that the property value will go up a little with the addition of new pavement, but will it go up to the tune of $9000.00+ dollars? What kind of condition is this road going to be in 5 or 10 years from now without the driveway aprons? And what about all the heavy equipment that is using our road daily with the new housing projects going in? If anything we should wait until that project is complete before starting this one. Are we going to be paying a lot of money for big holes in the asphalt? I have visions of Mission Road by Mission Beach in mind and we could possibly still be paying on this project for a long time after the newness wears off and the road becomes just another road with new potholes. Nothing special to anyone, least of all those of us still making asphalt payments. At this time, we are definitely voting a resounding NO to this project. Sincerely, Fred And Shirley Thiel 3621GuII Drive Kodiak, Ak 486 -0255 or 539 -2380 7/27/2006 Page 1 of 1 ,i./ /ninth-Q-i' ihb.ri r KODIAK ISLAND BOROUGH CLERICS OFFICE COPIE ASSEMBLY TOR MANAGER THER C2) Nova Javier From: Rick Gifford Sent: Saturday, July 29, 2006 12:13 PM To: Nova Javier Subject: FW: Woodland Acres Paving Clarification Not sure if you got this one. It is from last week. Rick From: susan jeffrey [mailto:suej ©gci.net] Sent: Thursday, July 27, 2006 7:59 AM To: Rick Gifford Subject: Fwd: Woodland Acres Paving Clarification Rick, It doesn't look like you got this email so am forwarding it because I thought you'd like to get these questions before tonight's meeting. See you tonight! sue Begin forwarded message: From: chris tuttle cchrispegak@hotmail.com> Date: July 26. 2006 4:41:26 PM AKDT To: mmsteDt ptialaska,net, snowkwrl @acsalaska.net, suej ci net, tcabell(Thptialaska.net, scokinc ak.net mroswaltaalaska.com, rannev64lo�hotmail.com, kevin.arndt lycos.com, sadinolf k� ib co.kodiak.ak.us Subject: Woodland Acres Paving Clarification To the Assembly: Page 1 of 2 _1> 01 I v ked Or' c k9) I just wanted to clarify an issue with the Woodland Acres paving project. According to this new plan of $9,048 per lot, it still includes all drainage issues, manholes and culvert problems except sean cirlce. My concern over this still remains, Aren't these issues things that the service district, the borough, or the developer should take care of and not require the residents of Woodland Acres to fix? I know in order to pave the roads correctly these drainage issues need to be addressed however they need to be addressed regardless of the paving. Why are these costs still included in the paving? Why arent' we only being charged for the pavement and leveling D1? Maybe I just don't understand all of the costs included in paving however, I do know that one of the issues that is part of the fix with the paving pertains to my driveway (which is only 4 years old) and neighbors driveway which was just constructed within the last 4 months. The borough allowed this drainage issue to occur, under current managment, and now wants to cover the culvert with a manhole and put a culvert under my driveway which 4 years ago, according to Bud Cassidy I didn't need one, I even went to a lawyer before purchasing the home and had the borough in writing tell me I did not need a culvert because it was on a crest of a hill. Now this one issue is on the proposal and looks like about a $12,000 fix which is definetly not my problem nor my fellow homeowners in Woodland arces. If you look at the drawings from the engineer that was hired you will see the issues with Plover Way. I find it very interesting that even with a brand new road there is a major fix that needs to be addressed. Why wasn't this addressed with the developer at the time? Now you expect the entire neighborhood to pay for a mistake made by poor borough planning? I still don't understand why these issues are included in the paving project and not getting any borough funding for 7/30/2006 Page 2 of 2 these fixes. I understand why they can't pay for the paving but what about the other issues that are being rolled into the project? If any of you can clarify the current proposal or help me understand the direction of the borough that would be great. I can be reached at home at 486 -8311 and I will definetly be at tomorrows meeting. Thank you for all of your time with this matter. Peggy Tutt /e 7/30/2006 Nova Javier any vansicklen [tifan.pe esday, July 25, 2006 5:42 PM • From: Sent: To: Nova Jav Subject: mel stephens letter my husband and I are still opposed to the paving of woodland acres. Tiffany and Pete Vansicklen 3749 Gull dr 7/27/2006 mail.com] Page 1 of 1 Nova Javier From: Sent: Wednesday, Subject: boroug 7/27/2006 ny vansicklen [titandpetevair@FieYrOa om] sday, July 26, 2006 12:51 26, 2006 12:51 PM ova Javier Page 1 of 1 I will not be able to attend the work session on 7 -27 -06 but I would like this letter read at the meeting. In regards to the woodland acres paving project I am still opposed. no matter what the price I will always remain opposed. This item should be dead already. the item up for vote was the 14,000 paving project. it was voted down by the community here in woodland acres and it should be voted down by the borough. If a new resolution comes up it should go through the entire process from start to finish. not ammended a hundred times. the 70 plus people that attended the original assembly meeting and expressed there concerns should not have to keep reappearing EVERY time. we said no once why do we have to keep saying no. This is one reason no trusts the borough because all these people said no, then you just keep having meeting after meeting until not enough "no's" show up. Thank you for listening to my comments Tiffany VanSicklen 3749 gull dr 907 - 486 -0907 please call if you would like to discuss it further Jennifer and Ivan Vi 473 Teal Way Kodiak, Ak 99615 July 31, 2006 Dear Borough Assembly Members: Ninotay, 9y�� y .'3 7f `n. ODI.AK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: AS Y t /MAYOr S`.MBL I k„ ANAGER it OTHER There has been a great deal of discussion regarding the paving of Woodland Acres and the cost that will be incurred by us, the home owners. We received a letter from Assemblyman Mel Stephens asking if the lower estimate for paving would meet with our approval and asking us to make a yes, or no response. I am afraid that we can not do that, at this point, as our concerns have not yet been addressed. Although the lower estimate is more in line with what we feel is reasonable, it seems to come at the expense of needed improvements in drainage and sewer. This is not acceptable to us. I am not familiar with the drainage problems that are an issue on Sean Circle. However, we have been complaining about drainage on Teal Way for almost 10 years. At first we were ignored and then more recently we have been told that nothing would be done as it would be addressed with the paving project. Also during the 12 years that we have owned our home, the borough has only once done any maintenance on the drainage ditches. It has been left to the homeowners to maintain them if at all. It seems to us that these are things that should have been taken care of as part of the borough's responsibility and should not be passed on to the homeowners. I would like to know how much the Borough will save annually in not having to continue to maintain the gravel roads in this area. Would it not be possible to use that money to help pay for the improvements that are necessary because the Borough has not maintained the roads and drainage as they should have? If the answer is that this savings would be minimal, doesn't that speak volumes about the lack of maintenance that is currently being done? We believe that the Borough should first bring the drainage and roads to the level that they should be and then assess the homeowners for the paving that we would like to have. The paving is a luxury but proper drainage is a necessity. If the Borough Assembly votes the paving project down, will the maintenance on the drainage go ahead at the Borough's expense, or will our problems continue to be ignored? If the Borough has no intention of fulfilling its responsibility to maintain our area we should be told. This is not just an issue for Woodland Acres, but has ramifications throughout the Borough. If the only way that we can get our problems taken care of is to pay for it ourselves, as homeowners, we will ' I grudgingly agree to do that. However, that brings into question what it is that the Borough sees as its responsibilities to homeowners. t . .... , We would greatly appreciate a resp,onse to these issiles.1 , Thank you. Jennifer and Ivan Vining DATE: TO: FROM: RE: Sincerely, KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: ASSEMBLY MAYOR 1 August 2006 AGER OTHER Kodiak Borough Assembly Kate Wynne, property owner at 477 Curlew Way Proposed Woodland Acres Paving Assessment District First, I would like to commend members of the Borough Assembly for their intensive review of the proposed Woodland Acres Paving Assessment District. I have been totally impressed by the way I feel you have heard, considered, and weighed a body of public opinion. I have never felt my desires were more thoroughly considered nor my concerns more clearly voiced by a representative municipal body than during this debate. Thank you! I was a signatory on the original petition, filed written comments and attended one of the public comment sessions in July. I offer the following comments in response to your request for resident input regarding the most recently discussed cost estimation and our desire to continue this project as proposed. Again, thank you for asking! I would love to have paved roads in Woodland Acres but do not support continuation of this project for the following reasons: Projected estimates are rarely realistic. In this case, the cost will undoubtedly exceed $9000 per household by the time construction is complete. And if drainage and sewage problems are not addressed before paving, we are sure to pay more later when the repairs are required. I feel it is unfair and unreasonable to place this financial burden on residents in this middle class neighborhood. Although I personally could afford the currently estimated project cost, I have far higher fiscal priorities over the next 15 years than to pay for paving public- access roads! State /federal grants should be secured to pay the bulk of the expenses and the project should not go forward until those are secured. This is not a gated community where we are the only users of this road system; both city and borough residents are free to use these roads (at their risk). As such, these roads should be considered part of the community infrastructure that require maintenance for the community. I could happily and easily live with gravel roads in this neighborhood if they were better maintained. Through my annual property taxes, I currently pay over 10 mills for Borough services and 1.5 mills to Service District 1 to service these roads. I would like to see more efficient (and transparent) use of these funds to maintain the roads we currently have. Putting a 15 -year primary lien on property in this neighborhood in order to pave these roads is a ridiculous prospect and unreasonable burden to ask us to bear. But if you asked us all for a one -time contribution of $3 -4000 to generate matching support for a state or federal construction grant, I believe many of us would be willing- if not excited- to chip in. Thanks again for your efforts and thorough consideration in this ongoing saga. Kate Wynne P.O. Box 3686 • Kodiak, Alaska 99615 • (907) 486 -5 Mel Stephens Kodiak Island Borough Assembly Kodiak, Alaska Dear Mel, Kate Wynne 477 Curley Way 4 KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: ASSEMBLY , /MAYOR / MANAGER OTHER 1 August 2006 We have never formally met but I want to thank you personally for your efforts to represent me (and others) as a Borough Assemblyman. As a resident of Woodland Acres watching the proposed paving service district saga unfold, I have been thoroughly impressed by your candor and willingness to ask Borough employees the questions that we, the residents, wanted to ask. Your understanding and objective approach to both legal and practical issues is both incredibly valuable and totally refreshing. Most importantly you have asked for our input, not just assumed you could speak accurately on our behalf. In response, I have submitted written comments to the Borough clerk which I hope you receive before Thursday's meeting. Thanks again for your service to the public you were elected to represent. I have never before felt my concerns and questions were well- represented and your efforts epitomize the level of involvement we should all expect to receive from our elected officials. I hope you will run again for your seat on the Assembly I wholeheartedly support your continued contributions to our community through this important but often thankless position. Sincerely, KODIAK ISLAND BOROUGH Regular Assembly Meeting August 3, 2006 A regular meeting of the Kodiak Island Borough Assembly was held August 3, 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, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Bud Cassidy, Clerk Nova Javier and Assistant Clerk Jessica Basuel. RANNEY moved to excuse Assemblymember Jeffrey, seconded by BRANSON VOICE VOTE ON MOTION TO EXCUSE ASSEMBLYMEMBER SUE JEFFREY CARRIED UNANIMOUSLY 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 Regular Meeting of July 6, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by STEPHENS VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION - None CITIZENS' COMMENTS Peggy Tuttle opposed the current Woodland paving resolution. She asked the Assembly to address this issue by including it in the Capital Improvement Project (CIP) list. She appreciated Assemblymember Stephens' research and time. Christian Schomburq spoke against the Woodland paving resolution. Clarence Selig encouraged the Assembly to help resolve the dumpster and bear issues in Kodiak. Heather Parker spoke in support of the Woodland paving. She asked the Assembly to look at realistic options to see the roads paved if the resolution fails. Mike Pfeffer phoned opposing the current Woodland paving. Tim Motis spoke against the Paving resolution. Kodiak Island Borough Assembly Minutes Page 297 August 3, 2006 Tiffany VanSicklen urged the Assembly to fail the Woodland paving resolution since $9,000 was excessive for residents to pay. Michelle Powell asked the Assembly to fail the paving resolution. She would like the Borough to address the sewage problem. Anne Kalcic opposed the Paving resolution. Dan Powell urged the Assembly to fail the Paving resolution. Wil Harsch asked the Assembly to fail the Paving resolution. David Horne would like to see solid numbers and noted the administration fee was an insult to residents. Robert Johnson asked the Assembly to fail the Paving resolution because of the rough economy in Kodiak. Julie Coyle appreciated her neighbors' comments. She hoped the Assembly would find an easier solution to paving. Kay Steven opposed the Paving resolution. Harry Steven spoke against the Paving resolution since it was too expensive. COMMITTEE REPORTS Assemblymember Branson serves on the Providence Kodiak Island Community Service Area Community Board and she gave a report regarding the collaboration of service area providers such as KANA and USCG to address the health care needs in Kodiak. Providence was working on getting an MRI machine. She noted the hospital was going through the JACO accreditation process and thanked the staff and her colleagues for their dedication. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board NEW Seasonal Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) WILLIAMS moved to protest the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.), seconded by BRANSON Clerk Javier reported this application was for a new seasonal liquor license for Kodak Lodge at Larsen Bay. She recommended that the Assembly voice protest based on the following: • The State of Alaska, Department of Public Safety Division of Fire Prevention recommended disapproval to the application until a plan review was completed. • Larsen Bay City Council voiced non - support to the application. • A zoning issue needed to be addressed. Manager Gifford provided a memo to the Assembly addressing the zoning issue. He noted the lodge is currently located in a single - family residential zoning district. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 298 Mayor Selby opened the public hearing; hearing and seeing none, he reconvened the regular meeting. In response to Assemblymember Williams, Manager Gifford said they could reapply for a license, but not sure if annually. Assemblymember Stephens was against the protest. He said this was a seasonal license and the lodge should have the right to acquire a license. He would like to see the City of Larsen Bay pass an ordinance regarding its designation. He said the zoning issue was irrelevant to the protest. Assemblymember Williams concurred with Assemblymember Stephens regarding the need to clearly state the designation of City of Larsen Bay. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Branson, Oswalt, Ranney (Ayes); Stephens, Williams (Noes) • BOROUGH MANAGER'S REPORT Manager Gifford reported staff met with the Department of Fish and Game's biologist and with Kodiak Sanitation to discuss the garbage dumpster issue. He reminded the public to keep the dumpster lids closed. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby met with Congressman Young, his staff, and other congressional members to review the Borough Capital improvement project list and to follow up with FEMA on the seismic grant application. He gave an update regarding the Fiber Optic Cable from Seward to Kodiak. He said testing would be done in November and service available to Kodiak in January. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The motion that is before the Assembly from the July 6 meeting was to "Adopt Resolution No. FY2007 -01." Manager Gifford reported the latest estimate for paving Woodland Acres is $1,900,374 (7/27/06 estimate) This would pave the entire subdivision with 3" of asphalt, 4" of base and address various drainage issues. The estimated cost to the paving district will be $9,691 per lot. If the Assembly moves forward with the paving district, Staff recommends that Resolution No. 2007 -01 be amended to reflect the latest estimates and provide direction to staff as to what, if any, of the project should be done as alternates. The project should go out to bid with a base bid and include bids for various alternates. If the Assembly fails this resolution, staff would bring in the near future a final resolution setting the assessment roll for the engineering costs for the Woodland Acres Paving District, unless the Assembly puts this on hold until a paving plan can be adopted. Assemblymember Ranney hoped for a reasonable cost to the residents. Assemblymember Abell thanked E &F Director Cassidy for all the work he has put into this project. He was against going out to bid. Kodiak Island Borough Assembly Minutes August 3, 2006 Pegg 299 Assemblymember Stephens clarified that the Assembly followed an unusual procedure as opposed to some understanding that it did not follow procedure in the Borough code. He would vote against the resolution since there was a significant amount of opposition. Assemblymember Branson appreciated those who commented. She hoped that they could find solutions since paved roads are very important. Assemblymember Oswalt thanked everyone for his or her participation. He urged residents to work with their service area board. Assemblymember Williams appreciated everyone's participation. ROLL CALL VOTE ON MOTION TO ADOPT FAILED: Branson, Oswalt, Ranney, Stephens, Williams, Branson After an eight- minute break, Mayor Selby reconvened the meeting at 9:06 p.m. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. BRANSON moved to approve Contract No. 2007 -07 with the City of Kodiak for the period of July 1, 2006 through June 30, 2008 in the amount of $72,380 per year, seconded by WILLIAMS Manager Gifford reported this contract was for two years. The City of Kodiak has indicated that the cost of this service will increase for the Borough in the amount of $12,380 annually. The annual fee for this service agreement will then be a total of $72,380. ROLL CALL VOTE ON MOTION CARRIED: Oswalt, Ranney, Stephens, Williams, Abell, Branson B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as Reflected on the Attached Map. OSWALT moved to adopt Ordinance No. FY2007 -04 to advance to public hearing on August 17, 2006, seconded by BRANSON Manager Gifford reported that upon adoption of this ordinance, the question of exercising the powers necessary to provide construction, operation, and maintenance of streetlights in the Spruce Cape Subdivision will be submitted to the voters. The proposed ordinance was reviewed by the Borough attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Oswalt Kodiak Island Borough Assembly Minutes August 3, 2006 Page 300 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. WILLIAMS moved to adopt Ordinance No. FY2007 -05 to advance to public hearing on August 17, 2006, seconded by OSWALT Manager Gifford reported this ordinance would place before the voters this fall, the question of the additional costs needed to construct the new pool. The original cost has increased since the original bond vote. It is estimated to cost approximately $13,710,000 and an additional $7,500,000 is needed in order to complete the construction. The proposed ordinance was reviewed by the Borough's bond counsel. ROLL CALL VOTE ON•MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Oswalt, Ranney OTHER ITEMS 1. Appointment to the Personnel Advisory Board. ABELL moved to confirm the appointment of Mr. Chris A. Nielsen to the Personnel Advisory Board for a term to expire December 2007, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Oswalt, Ranney, Stephens CITIZENS' COMMENTS Peggy Tuttle urged the Assembly to give guidance to service area boards. Iver Malutin asked for an Anton - Larsen Bay project update. In response, Mayor Selby said Manager Gifford would have a report at the next meeting. Mike Pfeffer thanked the Assembly for failing the paving resolution. In response to Clarence Selig, Manager Gifford said staff has been working with Kodiak Sanitation to address the dumpster problems. ASSEMBLYMEMBER COMMENTS Assemblymember Oswalt hoped staff would come with a solution regarding dumpster issues. Assemblymember Abell said the Manager was working with a priority list. There were too many projects and he assured Mr. Malutin that the Anton - Larsen Bay project was not forgotten. Assemblymember Branson supported the idea of having communication with Service Area boards on a regular basis. She asked the Clerk to provide training every year to different boards. Kodiak Island Borough Assembly Minutes Page 301 August 3, 2006 ANNOUNCEMENTS Mayor Selby announced the Assembly would hold a work session on Saturday, August 5 at 9 a.m. to discuss the use of the facilities fund at the Kodiak Fisheries Research Center's main conference room. The Assembly would meet in a work session on Thursday, August 10 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 17, 2006 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. WILLIAMS moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Abell, Branson, Oswalt, Ranney, Stephens, Williams Mayor Selby recessed the regular meeting at 9:30pm to convene into executive session and invited all Assemblymembers, the Mayor, and the Manager to participate. The regular meeting was reconvened at 9:40 p.m. WILLIAMS moved to increase Manager Gifford's annual salary by $5,000 retroactive to his anniversary date, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Oswalt, Ranney, Stephens, Williams, Abell ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson The meeting adjourned at 9:40 p.m. ATTEST: ome M. Selby, Mayor 0 ROC-- Nova M. Javier, MC, Borough Clerk Approved: September 7, 2006 Kodiak Island Borough August 3, 2006 Page 302 Assembly Minutes