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2008-03-20 Regular Meeting1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 9. , PUBLIC HEARING A. Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. B. Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. Qi Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 20, 2008, 7:30 p.m., Assembly Chambers PPROVAL OF MINUTES A. Regular Meeting of February 21, 2008 and Special Meeting of March 3, 2008. AWARDS AND PRESENTATIONS A. Employee of the Year B. Longevity Awards CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments COMMITTEE REPORTS 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -28 Authorizing the Manager to Enter Into a Long Term Lease With The State of Alaska Department of Military Affairs for Pool Purposes. 2. Contract No. FY2007 -11A Amending Contract No. FY2007 -11 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. Resolutions 1. Resolution No. FY2008 -30 Requesting North Pacific Fishery Management Council Consideration of Kodiak Community Concerns in the Pending Analysis of the BSAI Crab Rationalization Program. *Resolution No. FY2008 -31 Supporting House Bill No. 373, an Act Extending `( �( v"" Specified Public School Bond Debt Reimbursement and Providing for an \ Effective Date. C. Ordinances for Introduction 1. *Ordinance No FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) 2. *Ordinance No FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC-Rural Neighborhood Commercial. D. Other Items 1. Assembly Appointment to the Mission Lake Tide °Tidegate" Service Area Board. 2. Resignation of Assembly Member Jeffrey and Appointment of a New Assembly Representative on the Kodiak College Council. 3. Assembly Appointment to the Citizens Board of Equalization. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meeting of January 29, January 31, and February 5, 2008. 2. Fire Protection Area No. Board Regular Meeting of January 15 and Special Meeting of February 4, 2008. 3. Kodiak Fisheries Advisory Committee Meeting of February 15, 2008. 4. Monashka Bay Road Service Area Board Regular Meeting of September 27, 2007. 5. Planning and Zoning Commission Regular Meeting of January 16, 2008. B. Reports 1. Kodiak Island Borough February 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting Minutes February 21, 2008 A regular meeting of the Kodiak Island Borough Assembly was held February 21, 2008 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 John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Assembly members Abell and Oswalt were out on personal leave. BRANSON moved to excuse Assembly members Abell and Oswalt, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda, seconded by BRANSON. FRIEND moved to amend the agenda by removing Employee of the Year and Longevity Awards, seconded by BRANSON. VOICE VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Regular Meeting Minutes of November 15, 2007, December 6, 2007, December 20, 2007, and January 17, 2008; and Special Meeting Minutes of December 27, 2007and January 10, 2008. • Resolution No. FY2008 -25 Requesting State Funding of Research Into the Cause of Birth Defects in Sitka Blacktail Deer in the Kodiak Archipelago and How to Address the Problem. • Resolution No. FY2008 -26 Establishing Citizens Board of Equalization Dates for the Year 2008. • Resolution No. FY2008 -27 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager. • Introduction of Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. • Introduction of Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. • Introduction of Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Kodiak Island Borough Assembly Minutes February 21, 2008 Page 1 Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Officer and Creating Section 2.16.030 Assembly Oath of Office. • Hiring of Maintenance Coordinator at Salary Range 20, Step H. AWARDS AND PRESENTATIONS Mayor Selby presented the January Student of the Month Award to Sean Moe, a Senior at Larsen Bay School and the February Student of the Month Award to James Wood, a Senior at Kodiak High School. CITIZENS' COMMENTS Jan Pennington, Chairperson of the Kodiak Island Convention and Visitors Bureau, gave an update on the current activities of the Bureau. She introduced the new Executive Director, Janet Buckingham. Giovanni Tallino, Tom Emerson, Rick Ellingson, Tom Dooley, and Jake Jacobson spoke in support of Resolution No. FY2008 -25. Nick Szabo spoke in favor of Resolution No. FY2008 -24. Margaret Bosworth thanked the Assembly for the matching funds for the North Star PTA's street lighting project. COMMITTEE REPORTS Don Rush, PKIMC Hospital Administrator, reported on the current activities at the hospital. Assembly member Stutes who serves on the Providence Kodiak Island Counseling Center Advisory Board gave an update on the PKI Counseling Center activities. Assembly member Lynch, Assembly representative on the Solid Waste Advisory Board, gave an update on the SWAB activities. Assembly member Jeffrey, Kodiak Fisheries Advisory Committee Assembly representative, reported on the KFAC activities. PUBLIC HEARING A. Ordinance No. FY2008 -13 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Clarify Request for Ordinances and Legal Opinions Processes. FRIEND moved to adopt Ordinance No. FY2008 -13, seconded by BRANSON. Clerk Javier reported that this Ordinance addresses a change on who should prepare ordinances and clarifies that all written legal opinions, relating to borough business, should go through the manager's or clerk's office. Assembly member Abell also expressed to the Clerk that he would like the Assembly to consider amending the ordinance before the Assembly to read: "During a work session or a meeting, any two (2) or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office." Kodiak Island Borough Assembly Minutes February 21, 2008 Page 2 JEFFREY moved to amend the proposed ordinance with the additional wording as suggested by Assembly member Abell, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, and Stutes. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Branson. B. Ordinance No. FY2008 -14 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Provide a Procedure for Revisiting Failed Ordinances, Resolutions, and Motions. JEFFREY moved to adopt Ordinance No. FY2008 -14, seconded by FRIEND. Clerk Javier reported that this ordinance deals with motions that could present a challenge to the Assembly by re- visiting failed motions that reach the same outcome meeting after meeting. Three options were provided to the Assembly. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. JEFFREY to amend Ordinance No. FY2008 -14 by substituting with option B, seconded by STUTES. BRANSON moved to further amend Ordinance No. FY2008 -14 by striking out "substantially ", in Section N, seconded by JEFFREY. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED FOUR TO ONE: Jeffrey, Lynch, Branson and Friend (Ayes); Stutes (No). ROLL CALL VOTE ON THE FIRST AMENDMENT AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, and Jeffrey. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Jeffrey, and Lynch. C. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Northland Ranch Resort Liquor License, Beverage Dispensary License #1955 to Olds River Inn. FRIEND moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Transfer of Ownership of Northland Ranch Resort's Liquor License, Beverage Dispensary License #1955, from Omar Stratman to Circle B, LLC., seconded by BRANSON. Clerk Javier reported motion if a protest to Board. She reported that the Assembly was required after public hearing to determine by the application was to be lodged with the Alcoholic Beverage Control that there were no trouble reports and no Borough interest can be Kodiak Island Borough Assembly Minutes February 21, 2008 Page 3 protected by protesting the transfer. Eight public hearing notices were mailed; one was returned favoring the transfer. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the legislative session had passed its 30 -day mark. He proposed a letter should be drafted and sent in support of House Bill 373, an act extending the school bond debt reimbursement. The site work on the pool project will begin on February 23. He also provided updates on KMS Seismic Upgrade, Ouzinkie Gym, CHC, and other bid packages. The Finance Department will be mailing out a financial overview publication. The March 6 regular meeting was cancelled by the Assembly and asked for consensus to cancel the February 28 work session. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that the census update reflected the number of people living in Kodiak was 13,574. He reported on the discussions at the February 19 joint Borough and City work session. He looked forward to working with the City at the joint legislative reception. UNFINISHED BUSINESS— None. NEW BUSINESS A. Contracts 1. Contract No. FY2005 -09A Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. BRANSON moved to approve Contract No. FY2005 -09A Amendment #1 to Contract FY2005 -09 between the Kodiak Island Borough and Rick L. Gifford, Borough Manager, seconded by STUTES. Manager Gifford reported that his present contract was a three (3) year contract through the end of business on May 23, 2008. Section 2A of the contract provides for a ninety (90) day written notice, by either party, to renew or not renew said contract by mutual consent after the three (3) years. He had attached a memo indicating his desire to renew the contract. The proposed amendment would extend the contract until terminated by either party subject to Section 4 of the Contract which basically provides for a ninety (90) day written notice by either party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Branson. B. Resolutions 1. Resolution No. FY2008 -03C Amending Resolution No. FY2008 -03 to Appoint to the Lodge /Charter Boat Operator Seat and Vacate the Large Trawl Vessel Seat on the Kodiak Fishery Advisory Committee (KFAC). JEFFREY moved to adopt Resolution No. FY2008 -03C, seconded by BRANSON. Kodiak Island Borough Assembly Minutes February 21, 2008 Page 4 Manager Gifford reported that Mr. Jim Hamilton, an initial member of the Committee, served in the "large trawl" seat. He has requested that he be appointed to the Lodge /Charter Boat Operator seat. This action was approved by the City Council at their January 24, 2008 Regular Meeting which opened up the large trawl seat on the committee for appointment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Branson, and Friend. 2. Resolution No. FY2008 -24 Authorizing the Payment of Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for Legal Services Related to the Stephens vs. KIB Lawsuit. Assembly member Stutes declared a conflict of interest. Mayor Selby ruled there was a conflict. FRIEND moved to adopt Resolution No. FY2008 -24, seconded by BRANSON. Manager Gifford reported that this resolution would authorize the Manager to pay incurred and future legal fees to the law firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for legal services related to the Stephens vs. KIB lawsuit. Discussion ensued whether the fees should be paid. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Lynch, Branson, Jeffrey, and Friend. Assembly member Friend changed his vote to no. 3. Resolution No. FY2008 -28 Providing Safe Access by Pedestrian Trails to North Star Elementary School and Supporting the Necessary Local Match to a Federal Earmark. FRIEND moved to adopt Resolution No. FY2008 -28, seconded by BRANSON. Manager Gifford reported that the Assembly travelled to Washington D.0 in 2004 and secured money to construct trails to North Star Elementary School. This resolution does two things: 1) It identifies the Assembly's continued commitment in supporting safe walking and biking routes to North Star School; and 2) it also supports matching the Federal Earmark with a required local contribution of $110,331 (9.03 %). This with the real federal contribution of $1,111,500 (reduced due to what were called recessions) brings the total project to $1,221,831. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Jeffrey, and Lynch. 4. Resolution No. FY2008 -29 Authorizing the Execution of a Supplemental Memorandum of Agreement and of a Lease With Providence Health System Alaska and Kodiak Island Health Care Foundation for the Kodiak Community Health Center. BRANSON moved to adopt Resolution No. FY2008 -29, seconded by FRIEND. Manager Gifford reported the Kodiak Island Borough had been working with Providence and the Kodiak Island Health Care Foundation (KIHCF) to provide facility space for the Kodiak Community Health Center (KCHC). By means of a Memorandum of Agreement (MOU) originally executed in March 2004, KIB confirmed its support to this project. Prior to awarding Kodiak Island Borough Assembly Minutes February 21, 2008 Page 5 the construction contract, it was appropriate to renew the MOU by means of a Supplemental Memorandum of Understanding (SMOU), which reflects the changes in the nature of the project since the MOU was originally executed. It was also appropriate to approve a lease which will be the "definitive agreement by the parties" with the term of the lease to begin on the date that a certificate of occupancy was issued for the new building. The essential terms and conditions of the attached lease was a twenty -five (25) year lease with an option to extend an additional twenty -five years upon mutual written agreement. The annual lease would be $120 per year which was negotiated based on the fact that the KIHCF has raised most of the funds to construct the building and has agreed through the lease to be responsible for all maintenance and repairs to the building during the lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, and Stutes. C. Ordinances for Introduction 1. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. STUTES moved to adopt Ordinance No. FY2008 -01 C in first reading to advance to public hearing at the next regular meeting, seconded by BRANSON. Manager Gifford reported this Ordinance was necessary to: • Increase the Borough's general fund revenues and expenditures • Increase the MIS department budget • Add $5,500 to the budget for North Star School lighting. • Budget a contribution of $110,331 to fulfill the matching requirements of the Federal North Star Trails Grant ($1,221,831). • Move $27,640 in excess funding for building insurance back to the Facilities Fund. • Establish a project for the Peterson Elementary School Seismic Project and the State grant that funds it. • Provide $50,000 for preliminary work on the High School Gym Seismic Project. • Establish the Kodiak Middle School (KMS) Seismic Upgrade, Phase II project and budgets $2,700,000 to complete the budget. • Establish the Ouzinkie Sprinkler System and budgets $330,000 to complete the project. • Establish the Ouzinkie Generator Replacement and budgets $88,000 to complete the project. • Increase the budget for anticipated interest earnings. • Transfer $390,000 from the Hospital Enterprise fund to Fund 495, Hospital Capital Projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Branson. D. Other Items 1. Assembly Appointment to the Womens Bay Service Area Board. BRANSON moved to appoint Dave Conrad for a term to expire 2009 and Jessica Horn for a term to expire 2010 on the Womens Bay Service Area Board, seconded by JEFFREY. Kodiak Island Borough Assembly Minutes February 21, 2008 Page 6 Clerk Javier reported that there were two seats open on the Womens Bay Service Area Board to expire 2009 and 2010. The three applicants were: David "Dave" Conrad, Robyn Haight, and Jessica Horn. The Board met on Tuesday, February 5 and recommended the appointments of Dave Conrad to the seat to expire 2009 and Jessica Horn for the seat to expire 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Branson, and Friend. 2. Mayoral Appointments to Planning and Zoning Commission. JEFFREY moved to confirm the Mayoral appointment of Erin Harrington to a City seat for a term to expire December 31, 2008 on the Planning and Zoning Commission, seconded by BRANSON. Clerk Javier reported the there was one vacant city seat to expire 2008 on the Planning and Zoning commission. The applicants were: Deborah Darminio, Erin Harrington, and Monte "Wes" Nedrow. The City Council reviewed the applications on January 19 and they recommended the appointment of Erin Harrington to the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, and Jeffrey. 3. Declaring a Seat on the Board of Equalization Vacant. JEFFREY moved to declare the seat held by Louise Stutes on the Board of Equalization vacant, seconded by BRANSON. Clerk Javier reported that Alaska Statutes allow an Assembly member to seat on the Board of Equalization (BOE.) Borough Code; however, was more restrictive so Louise Stutes' seat on the BOE needs to be declared vacant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Jeffrey, and Lynch. 4. Resignation and Confirmation of Mayoral Appointment to the Prince Williams Sound Region Citizens' Advisory Council (PWSRCAC.) FRIEND moved to accept, with regret, the resignation of Mr. Jim Nestic and moved to confirm the mayoral appointment of Mr. Iver Malutin on the Prince William Sound Citizens' Advisory Council for a seat to expire 2009, seconded by STUTES. Clerk Javier stated that Mr. Jim Nestic had submitted a letter of resignation. Mr. Nestic had served on the Board since 1999 as the Kodiak Village Mayors Association representative. Mr. Nestic recommended Mr. Iver Malutin to serve as his replacement. An application was received from Mr. Malutin expressing his interest to serve on the board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, and Stutes. CITIZENS' COMMENTS - None Kodiak Island Borough Assembly Minutes February 21, 2008 Page 7 ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Sean Moe and James Wood. She also thanked Don Rush on the accomplishments of the Providence Kodiak Island Medical Center. She reminded service area residents to educate themselves on the services they are entitled to. Assembly member Stutes congratulated Sean Moe and James Wood. She also thanked Don Rush. Assembly member Stutes commented on the attorney fees and her entitlement to representation. She stated she was directed by the Borough Attorney to find representation. Assembly member Jeffrey gave a report on the SWAMC's annual meeting. She offered to repay 2/3` of her Assembly stipend for the month of December in an effort to help in the resolution of the lawsuit. Assembly member Friend expressed his appreciation for the services of Providence Kodiak Island Medical Center. He thanked Superintendent Larry LeDoux for his presentation to the Assembly regarding the High School facility. He would like an update regarding the Chiniak garbage billing. He would like to see a closure concerning the KIB vs. Stephens's lawsuit. Assembly member Branson congratulated Sean Moe and James Wood. She looked forward to further discussions and getting the lawsuit over. Mayor Selby suggested meeting with Borough Attorney Matt Jamin, in an executive session, when he returns from Washington D.C. Announcements Mayor Selby announced that the Assembly work session scheduled on Thursday, February 28, 2008 and the regular meeting scheduled on Thursday, March 6, 2008 have been cancelled. He along with members of the Assembly, and the Manager would be travelling to Juneau on March 4 -6 to meet with legislators and attend the Joint Kodiak Island Borough /City of Kodiak Legislative Reception. Mayor Selby reported that the Boards, Committees, and Commissions Reception would be held Friday, February 22 from 7 to 9 p.m. at the Kodiak Fisheries Research Center. All board members, committee members, and commissioners and their guests were invited to attend. ADJOURNMENT STUTES moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Branson. The meeting adjourned at 9:30 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes February 21, 2008 Page 8 Kodiak Island Borough Assembly Special Meeting March 3, 2008 A special meeting of the Kodiak Island Borough Assembly was held March 3, 2008 in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford and Clerk Nova Javier. Assembly member Reed Oswalt was absent and was excused by voice vote of the Assembly. Assembly member Branson opposed the motion to excuse. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING 1. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION. 1. Attorney Client Communications Related to the Stephens vs. KIB Lawsuit. FRIEND moved to convene into executive session to discuss Stephens vs. KIB Lawsuit which qualifies for executive session under pending litigation and attorney - client privileged communications, seconded by BRANSON. There was discussion about the position of Assembly members Abell, Oswalt, and Stutes in this lawsuit. As a result of the discussion, Mayor Selby invited Borough Attorney Matt Jamin, all Assembly members, Manager Gifford, and Clerk Javier into executive session. Matt Peterson, Attorney for Assembly members Abell, Oswalt, and Stutes was teleconferenced in. ROLL CALL VOTE ON MOTION TO CONVENE IN EXECUTIVE SESSION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, and Stutes. Mayor Selby convened the executive session at 7:49 p.m. Upon returning from the executive session, Mayor Selby reconvened the special meeting at 8:54 p.m. and announced no action was to be taken as a result of the executive session. Kodiak Island Borough Special Meeting Minutes March 3, 2008 Page 1 ADJOURNMENT FRIEND moved to adjourn the special meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Stutes, and Abell. The meeting adjourned at 8:55 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Special Meeting Minutes March 3, 2008 Page 2 SUMMARY: % a- (? e',/; KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. This ordinance was requested by Assembly member Branson. Different sections of the Kodiak Island Borough Code for declaration of vacancies for service area boards and other boards, committees, and commissions are inconsistent with one another. The intent of this ordinance is to clarify and amend these inconsistencies to the extent possible reflecting' "the 43.1s# Ordinance No. FY2008 -12 for declaring Assembly member seats vacant. This ordinance also corrects Section 2.43.020 -.. Recreation Committee vacancies which should refer to KIBC 2.39.070 instead APPROVAL FOR AGENDA: t✓ : e ,(.1" RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -15. ITEM NO: 9.A Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Assembly Member Branson Introduced: 02/21/2008 Public Hearing: 03/20/2008 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -15 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES SECTIONS 2.39.070 DECLARING AND FILLING VACANCIES IN TITLE 2; SECTION 4.15.040 VACANCIES IN TITLE 4; SECTION 2.43.020 APPOINTMENT, TERMS, AND PROCEDURES IN TITLE 2 WHEREAS, different sections of the Kodiak Island Borough Code for declaring vacancies for the Assembly, service area boards, and other boards, committees and commissions are not consistent with one another; and WHEREAS, it is in the best interest of the Kodiak Island Borough to clarify and amend these different sections to reflect Alaska Statutes 29.20.170 to the extent possible; and WHEREAS, AS provision numbers 6 and 7 deal with election matters and do not apply to the boards, committees, and commissions in Title 2 and some service areas under Title•,4 and are therefore deleted; and WHEREAS, board, committee, and commission members are appointed and their terms start January 1 to December 31 therefore KIBC 2.39.070(B) has been changed accordingly; and WHEREAS, Parks and Recreation Committee should be changed to follow the vacancy procedures in 39.070 instead of KIBC 2.16.060 (Assembly vacancy procedure); NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions, Section 2.39.070 Declaring and Filling Vacancies is amen a • o rea 2.39.070 Vacancies. 5. tho mombor dios; Kodiak Island Borough Ordinance No. FY2008 -15 Page 1 of 4 7. the mombor fails to qualify in accordanco with soction 2.39.0 , 10 of this chaptor at any A. Other than by expiration of the member's term, the Assembly shall declare a seat vacant when a member: 1. is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. resigns and the resignation is accepted; 3. is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the board, committee, or commission; 4. is convicted of a felony or of an offense involving a violation of the oath of office; person elected; no longer physically resides in the municipality and the board, committee, or commission by two- thirds vote declares the seat vacant; this paragraph does not apply to a member of the board committee, or commission who forfeits office under AS 29.20.140 (a); or 6. misses three consecutive held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one -half (1/2) of the meetings held in any year of his or her term office, each year between January 1 and December 31, the seat shall be automatically vacated. BC. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term "reasonable cause" shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. GD. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with section 2.39.030 of this chapter. Section 3: Title 4 Service Areas, Chapter (4.15 1 S ervice Area Boards,'\ Section 4.15.040 Vacancies is hereby amended as follows: 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: 4. a momber, duo to incapacity or abconco from tho borough, cannot attond board . 11 Kodiak Island Borough Ordinance No. FY2008 -15 Page 2 of 4 . . _ • 1. fails to qualify or take office within 30 days after election or appointment; 2. is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 3. resigns and the resignation is accepted; 4. is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the board; 5. is convicted of a felony or of an offense involving a violation of the oath of office; 6. no longer physically resides in the municipality and the board, committee, or commission by two- thirds vote declares the seat vacant; this paragraph does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140 (a); or 7. if a member of the board, committee, or commission misses three consecutive held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one -half (1/2) of the meetings held in any year of his or her term office, each year between November 1 and October 31, the seat shall be automatically vacated. BC.The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. OD.The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. 9E.The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. Section 4: Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions, Section 2.43.020 Appointment, terms, and procedures is amended to read: 2.43.020 Appointment, terms, and procedures. Members of the committee shall be appointed by the mayor subject to confirmation by the assembly. Members shall serve three (3) year terms except that of the initial nine (9) members, three (3) shall be appointed for three (3) year terms, three (3) for two (2) year terms and three (3) for one (1) year terms. The committee shall designate its chair and other officers as provided in bylaws approved by the assembly. No additions or changes may be made in the bylaws unless specifically approved by the assembly. Meetings shall be public except that executive sessions may be held in accordance with subsection 2.17.030(E) of this title. The committee shall meet at least quarterly at times and places designated by the chair, but meetings need not be held if no business is pending. The chair or a majority of the committee may call a special meeting. The committee shall give reasonable public notice of its meetings. Vacancies occur and are filled as provided in section 2.16.060 2.39.070 of this title Kodiak Island Borough Ordinance No. FY2008 -15 Page 3of4 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -15 Page 4 of 4 TITLE: Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. SUMMARY: There has been a misinterpretation in the past that public hearing notices need not be sent if the location for a new license remains the same. This ordinance will clarify KIBC section 5.01.030, based on attorney's review, that a transfer from one person tp and shou another of a liquor license is considered a request for a new liquor license Id follow procedures stated in this section of the code. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -16. ITEM NO: 9.B KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -16 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Clerk Introduced: 02/21/2008 Public Hearing: 03/20/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS CHAPTER 5.01 LIQUOR LICENSES SECTION 5.01.030 NEW LICENSE AND TRANSFER PROCEDURE WHEREAS, this ordinance will clarify KIBC section 5.01.030 based on attorney's review that a transfer from one person to another of a liquor license is considered a request for a new liquor license; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; Section 2: Title 5 Business Licenses and Regulations, Chapter 5.01 Liquor Licenses, Section 5.01.030 New License and Transfer Procedure is hereby amended as follows: 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; 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. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. 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. Kodiak Island Borough Ordinance No. FY2008 -16 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -16 Page 2of2 SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. Current Borough code is dear when the regular term of office begins for an elected Mayor; however, it does not address newly elected Assembly members. This ordinance is proposed to make the code sections consistent for the Mayor and Assembly members. Also, section 2.16.050 current wording ism restrictive by not allowing newly elected Assembly members to take their oath outside of the first regular meeting date following each borough election. rh Qkdc -g i L -ca--c-ti ' /4 i= ` LC n ,e APPROVAL FOR AGENDA: / RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -17. ITEM iNO: 9.0 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.020 QUALIFICATION AND ELECTION OF BOROUGH MAYOR AND CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.020 TERM, SECTION 2.16.050 OATH DEPUTY PRESIDING OFFICER AND CREATING SECTION 2.16.030 ASSEMBLY OATH OF OFFICE WHEREAS, current Borough Code is clear when the regular term of office begins for an elected Mayor; however, it does not address the elected Assembly members; and WHEREAS, this ordinance is to make the code sections consistent for the Mayor and Assembly members; and WHEREAS, this ordinance also addresses that oath of office must be taken before taking office and revises the Assembly section to make it consistent with the Mayor's oath of office section per Alaska Statutes; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Section 2.15.020 of the Kodiak Island Code of Ordinance is amended to read as follows: 2.15.020 Qualification and election of borough mayor. A. A qualified borough voter who, at the time of election or appointment to fill a vacancy, has resided within the borough at least one (1) year immediately preceding the date of election or appointment is eligible to be borough mayor. B. The mayor is elected at -large by the qualified voters of the borough. The mayor's regular term of office is three (3) years and until a successor is elected and has qualified.d Kodiak Island Borough Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 02/21/2008 Public Hearing: 03/20/2008 Adopted: C. The mayor's regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. GD.The mayor may not hold a position as assembly member or borough employee, except as provided by statutes. Ordinance No. FY2008 -17 Page 1 of 3 2.15.030 Oath of office. Before taking the office of borough mayor, the mayor shall affirm in writing that the duties of the mayor will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. Section 3: Chapter 2.16, Sections 2.16.020 and 2.16.050 are hereby amended and Section 2.16.030 is hereby created as follows: Sections: Chapter 2.16 BOROUGH ASSEMBLY 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.030 Assembly oath of office. 2.16.050 Oath Deputy presiding officer. 2.16.060 Declaring and filling vacancies. 2.16.070 Absences. 2.16.150 Ordinance Form. 2.16.160 Ordinance Adoption. 2.16.170 Resolution Form. 2.16.180 Resolution Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.020 Term. The term of an assembly member is three (3) years or until a successor is selected and qualified. The regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. 2.16.030 Assembly oath of office. Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 2.16.050 Oath Deputy presiding officer. B—The assembly shall elect from among its members a deputy presiding officer, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the "chair," the member retains all privileges otherwise held as a member of the assembly. Kodiak Island Borough Ordinance No. FY2008 -17 Page2of3 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -17 Page 3 of 3 ALASKA STATUTES Sec. 29.20.150. Term of office. (a) A member of the governing body is elected for a three -year term and until a successor qualifies, unless a different term not exceeding four years is prescribed by home rule charter or ordinance. (b) Except when otherwise required by a change in composition or apportionment, if the term of a member of a governing body is changed by charter or ordinance the term of the member holding office when the change becomes effective is not affected. (c) The regular term of office begins on the first Monday following certification of the election, unless a different date is prescribed by charter or ordinance. (d) This section applies to home rule and general law municipalities. OATH OF OFFICE Sec. 29.20.600. Oaths of office. Before taking office a municipal official shall affirm in writing that the duties of the office will be honestly, faithfully, and impartially performed by the official. The oath is filed with the municipal clerk. WASILLA 2.16.040 Election and term of office of mayor. The mayor shall be elected at -large for a term of three years. The qualified candidate succeeds to the office of mayor on the first Monday following the certification of the election and upon taking an oath of office. No person may serve as mayor for more than two consecutive, full terms without a break in service of at least one full year. (Prior code § 2.16.030) 2.04.030 Terms. A council member's term shall be three years. A qualified candidate succeeds to the candidate's elected office at the next regular council meeting following the certification of election and upon taking an oath of office. No person shall serve on the council for more than two consecutive, full terms without a break in service for at least one full year. KENAI 22.30.030. Terms of office. A. The full term of office for assembly members is 3 years. B. The regular term of office for an assembly member begins on the first Monday following the certification of that member's election by assembly resolution and of the member's swearing in. MATSU 2.12.020TERM OF OFFICE. The assembly members' term shall be three years. The qualified candidate succeeds to the candidate's elected office upon the certification of the election and acceptance of the oath of office. No person shall serve on the assembly for more than two consecutive, full terms. JUNEAU The term of office of the mayor and other assemblymembers shall be three years and shall begin immediately following certification of the election at which they were elected. CITY OF FAIRBANKS Sec. 2 -61. Term; salary. The mayor's term shall be deemed to run from the first Monday after his election. The salary of the mayor shall be established in the budget. Sec. 2 -86. Term; salary. (a) The term of office of councilmembers shall begin with the first Monday after election. FAIRBANKS NORTHSTAR BOROUGH 2.12.240Terms of office. A.The term of office for the borough mayor and assemblyperson is three years or until a successor is elected and qualified. Service is to begin on the first Monday following certification of the election. No person who has been elected as borough mayor or assemblyperson for two full successive terms shall be again eligible to hold that office until one full year has intervened. TITLE: Ordinance No. FY2008 -01C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. SUMMARY: This ordinance: • Increases the Borough's general fund revenues and expenditures by $20,000 for a pass through grant from the State of Alaska to the Village of Karluk. • Increases the MIS department budget by $30,000 to provide electronic tablets (laptop computers) to the Borough Assembly. • Adds $5,500 to the budget for North Star School lighting. • Budgets a contribution of $110,331 to fulfill the matching requirements of the Federal North Star Trails Grant ($1,221,831). • Moves $27,640 in excess funding for building insurance back to the Facilities Fund. • Establishes a project for the Peterson Elementary School seismic project and the State grant that funds it. • Provides $50,000 for preliminary work on the High School Gym seismic project. • This ordinance establishes the Kodiak Middle School (KMS) Seismic Upgrade, Phase II project and budgets $2,700,000 to complete the budget. • Establishes the Ouzinkie Sprinkler System and budgets $330,000 to complete the project. • Establishes the Ouzinkie Generator Replacement and budgets $88,000 to complete the project. • Increases the budget for anticipated interest earnings to $3,633,918. • Transfers $390,000 from the Hospital Enterprise fund to Fund 495, Hospital Capital Projects. • Increases the budget for protect 08003, High School Soil Remediation by $100,000 to cover cost overruns. APPROVAL FOR AGENDA: G KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -01C. ITEM NO: 9.D SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. 2008-01C Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 02/21/2008 Public Hearing: 03/20/2008 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2008 -01 FISCAL YEAR 2008 BUDGET BY MOVING MONEY BETWEEN FUNDS, AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL EXPENDITURES AND BUDGETING FOR SEVERAL GRANTS WHEREAS, the temporary fiscal relief payment to Karluk went through the Borough, and WHEREAS, the Assembly has decided to use electronic tablets (notebook computers) and there are sufficient reserves in the General Fund Balance to pay for a new system, and WHEREAS, the Assembly wants to donate funding to the North Star School PTA to provide lighting on the roads to North Star School; and WHEREAS, the Federal Government has budgeted $1,221,831 to spend on trails to North Star Elementary that requires a local match of $110,331; and WHEREAS, property insurance on Borough and School buildings was $27,640 less than budgeted; and WHEREAS, the Borough has applied for and is expected to receive a grant for the Peterson Elementary School Seismic Upgrade project; and WHEREAS, preliminary work is being done on the High School Gym Seismic Project; and WHEREAS, an additional $64,932 is need to complete the Ouzinkie gym renovation; and WHEREAS, the Kodiak Middle School (KMS) Seismic Upgrade, Phase II project will need $2,700,000 in funding; and WHEREAS, the Ouzinkie Sprinkler System will require $330,000; and WHEREAS, the Ouzinkie Generator Replacement will require $88,000; and WHEREAS, Fund 420 — GO Bond Projects should realize more than $3,500,000 in interest earnings; and WHEREAS, there are now sufficient funds in the Hospital Enterprise Fund (540) to transfer the remaining $390,000 to Project 03112 (hospital access and parking); and WHEREAS, an additional $100,000 is needed for the High School Soil Remediation project; and Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 1 of 10 SUBSTITUTED VERSION NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: The FY2008 budget will be amended per the attached schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 2 of 10 SUBSTITUTED VERSION FY2008 Ammended Budget As of Difference 01/31/08 Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,764,124 8,886 100% 8,773,010 Boat & Motor Vehicle Tax 276,450 140,167 136,283 51% 276,450 Payment in Lieu of Taxes 814,000 12,501 801,499 2% 814,000 Severance Taxes 1,270,530 650,628 619,902 51% 1,270,530 Penalties & Int on tax 175,000 141,485 33,515 81% 175,000 Licenses and Permits 91,500 46,627 44,873 51% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 571,286 591,286 (20,000) 104% 20,000 591,286 Raw Fish Tax 950,000 1,040,748 (90,748) 110% 950,000 Raw Fish Tax - Offshore 2,000 2,000 0% 2,000 Other State Revenue 26,000 26,000 0% 26,000 Fines 1,000 730 270 73% 1,000 Interest Earnings 400,000 311,874 88,126 78% 400,000 Miscellaneous 54,200 15,334 38,866 28% 140,331 194,531 Use of Fund Balance 972,335 972,335 0% 5,500 977,835 Sale of Fixed Assets - - Transfer In Total 14,727,386 11,715,504 3,011,882 80% 165,831 14,893,217 Expenditures: Borough Assembly 180,910 79,060 1.01,850 44% 180,910 Borough Manager 373,985 155,454 218,531 42% 373,985 Borough Clerk 398,510 213,239 185,271 54% 398,510 Borough Attorney 130,000 73,352 56,648 56% 130,000 Finance Department 699,788 380,468 319,320 54% 699,788 Management Information Services 531,420 207,326 324,094 39% 30,000 561,420 Assessing Department 436,364 242,990 193,374 56% 436,364 Engineering/ Facilities Dept 111,432 59,419 52,013 53% 111,432 Community Development 775,170 363,691 411,479 47% 775,170 Building Official 132,765 40,298 92,467 30% 132,765 Economic Development 75,000 21,500 53,500 29% 75,000 General Administration 324,170 127,934 196,236 39% 324,170 Emergency Preparedness 8,800 4,472 4,328 51% 8,800 School District Support 9,662,622 5,935,444 3,727,178 61% 9,662,622 Health and Sanitation 232,720 232,699 21 100% 232,720 Animal Control 72,380 36,190 36,190 50% 72,380 Culture and Recreation 81,900 87,166 (5,266) 106% 135,831 217,731 Colledge and Libraries 93,000 12,000 81,000 13% 93,000 Transfers Out 406,450 6,450 400,000 2% 406,450 Total 14,727,386 8,279,152 6,448,234 56% 165,831 14,893,217 Fund 205 Child Care Assistance Program Revenue 77,000 41,312 35,688 54% 77,000 Expenditures 77,000 53,664 23,336 70% 77,000 Fund 210 Land Sales Revenue 96,700 33,549 63,151 35% 96,700 Expenditures 96,700 15,033 81,667 16% 96,700 Kodiak Island Borough, Alaska Ordinance No. 2008-01C Page 3 of 10 SUBSTITUTED VERSION Fund 220 Buildings and Grounds FY2008 Ammended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget Revenues Revenues 449,810 260,518 189,292 58% 449,810 Transfers in 220,000 220,000 100% (27,640) 192,360 Use of Fund Balance 121,400 - 121,400 0% 121,400 Total Revenues 791,210 480,518 310,692 61% (27,640) 763,570 Expenditures - - Borough Building 406,610 167,384 239,226 41% (194) 406,416 MHC Apartments 11,000 3,285 7,715 30% 11,000 School Buildings 347,000 196,770 150,230 57% (27,446) 319,554 Parks 26,600 6,213 20,387 23% 26,600 Total Expenditures 791,210 373,652 417,558 47% (27,640) 763,570 Fund 230 Coastal Management Revenues 24,000 2,931 21,069 12% 24,000 Expenditures - CMG Regular 24,000 5,611 18,389 23% 24,000 Total Expenditures 24,000 5,611 18,389 23% - 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 2,214 15,586 12% 17,800 E.O.P. Grant - 0% - Revenues 17,800 2,214 15,586 12% 17,800 Expenditures - Expenditures -LEPC 17,800 5,188 12,612 29% 17,800 Expenditures -FEMA grant 111 (111) 0% Total Expenditures 17,800 5,299 12,501 30% 17,8C Fund 240 Womens Bay Road Service Revenues 125,532 139,689 (14,157) 111% 125,532 Expenditures 125,532 63,038 62,494 50% 125,532 Fund 242 Service District No. 1 Revenues 220,000 240,774 (20,774) 109% 220,000 Expenditures 220,000 26,982 193,018 12% 220,000 Fund 243 Service Area No. 2 Revenues 224 (224) Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 46,168 (2,993) 107% 43,175 Expenditures 43,175 48,196 (5,021) 112% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 6,770 (1,070) 119% 5,700 Expenditures 5,700 4,951 749 87% 5,700 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 4 of 10 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 426,460 40 100% 426,500 Expenditures 426,500 198,753 227,747 47% 426,500 Fund 252 Womens Bay Fire Department Revenues Expenditures Fund 254 KIB Airport Fire District Revenues Expenditures 93,010 93,010 14,230 14,230 97,582 (4,572) 105% 33,745 59,265 36% 14,303 (73) 101% 12,813 1,417 90% 93,010 93,010 14,230 14,230 Fund 260 Woodland Acres Street Lights Revenues 6,000 389 5,611 6% 6,000 Expenditures 6,000 2,829 3,171 47% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,939 (139) 104% 3,800 Expenditures 3,800 992 2,808 26% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,775 (725) 124% 3,050 Expenditures 3,050 295 2,755 10% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 37,086 2,794 93% 39,880 Expenditures 39,880 7,863 32,017 20% 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 34,339 35,121 49% 69,460 Expenditures 69,460 39,915 29,545 57% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 1,213,899 786,101 61% 2,000,000 Expenditures/Transfers Out: Building Insurance 220,000 220,000 100% Debt Service 922,250 922,250 100% Capital Projects Fund 410 700,000 700,000 - 100% Capital Projects Fund 430 - 0% Contingencies - - 0% Contengencies - inflation proofing 157,750 157,750 0% Total Expenditures 2,000,000 1,842,250 157,750 92% (27,640) 27,640 192,360 922,250 700,000 185,390 2,000,000 Fund 277 Tourism Development Revenues 50,000 56,301 (6,301) 113% 50,000 Expenditures 50,000 25,008 24,992 50% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 23,372 413,628 5% 437,000 Expenditures 437,000 73,209 363,791 17% 437,000 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 5 of 10 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 594,381 1,194,929 33% 1,789,310 Interest Earnings 20,000 20,199 (199) 101% 20,000 Transfers in General Fund - Education 539,210 539,210 100% 539,210 General Fund - Health - Facilities Fund 922,250 922,250 100% 922,250 Hospital Fund 200,000 200,000 100% 200,000 Use of fund balance - - 0% - Total Revenues 3,470,770 2,276,040 1,194,730 3,470,770 Expenditures Expenditures - School Debt 2,699,150 1,280,253 1,418,897 47% 2,699,150 Expenditures - Hospital Debt 765,000 97,053 667,947 13% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - 0% - Total Expenditures 3,470,770 1,377,306 2,093,464 40% 3,470,770 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 6 of 10 SUBSTITUTED VERSION Fund 410 - Borough Capital Projects: Interest Earnings Contributions for BMX track State Grant Operating Transfers In: General Fund figo,oi*stoolpf4o4, nc Bayside Fire Department Facilities Fund Total Operating Transfers In Total Revenues Capital Projects Projects: 85 Village Metals 146 BMX Bike Trail 174 Bayside Storage Addition & Engine Bay 00102 Bayside Underground Electrical 03105 Northstar School road /parking lot design 03108 Borough Building Parking Lot 03106 KHS emergency generator 03109 Borough Building air handling penthouse 03110 Borough Building emergency generator 03120 WB Comm Plan Revision 05023 Peterson Seismic Upgrade 05025 High School Gym Seismic 06001 Computer Upgrade 07008 Seismic Repair 07015 High School kitchen floor 07016 R and replacement of culverts at Panamaroff Creek 07017 Hospital Solarium 07018 HS Pool Repairs 08001 Kodiak Middle School Asbestos Abatement 08002 Main elementary Asbestous abatment 08004 Computer Assisted Mass Appraisal and Collection Prg Tranfer to Fund 430 Other Projects Total Borough Projects Kodiak Island Borough, Alaska FY2008 Ammended Budget 01/31/08 As of Difference % Budget Revised Adjustments Budget 204,898 204,898 0% 100;fI00.'' 304,898 39,670 39,670 100% 39,670 - 0% 540,508 540,508 0% - 244,568 39,670 204,898 16% 640,508 885,076 517,352 517,352 100% 517,352 448,800 448,800 100% 1,434,384 1,343,384 91,000 94% 2,400,536 2,309,536 91,000 96% 2,645,104 2,349,206 295,898 89% 150,000 121,257 28,743 81% 94,670 94,670 0% 426,800 21,259 405,541 5% 22,000 22,000 0% 50,000 29,189 20,811 58% 50,000 - 50,000 0% 50,000 50,000 0% 10,000 - 10,000 0% 20,000 2,353 17,647 12% 33,380 22,392 10,988 67% 16,889 (16,889) 0% 4,952 (4,952) 0% 114,000 125,054 (11,054) 110% - 0% 12,323 12,323 - 100% 30,000 30,000 0% 25,000 25,000 - 100% 40,000 40,000 0% 182,000 69,791 112,209 38% 43,000 94,341 (51,341) 219% 400,000 400,000 0% 390,000 390,000 0% 104,931 104,931 0% 2,645,104 810,137 1,834,967 31% 448,800 1,434,384 50,000 2,450,536 690,508 3,335,612 150,000 94,670 426,800 22,000 50,000 50,000 50,000 10,000 20,000 33,380 540,508 540,508 50,000 50,000 114,000 12,323 30,000 25,000 40,000 182,000 43,000 100 > 000� 4 900. 400,000 390,000 104,931 690,508 3,335,612 Ordinance No. 2008-01C Page 7 of 10 SUBSTITUTED VERSION Fund 420 -GO Bond Projects: Revenues: 4ntsres3 Earni ;< Proceeds from bond 2004A Bond Issue Proceeds from bond 2004B Bond Issue Proceeds from bond 200XX Bond Issue Projects: 03119 New Swimming Pool 04101 Old Harbor GymNoc Ed renovation 04102 Larsen Bay School floor repair fl4_ p3 C sa ar Iua ,G,ym re lcr iti a .. , R, 05002 Evacuation Center earthquake evaluation 05009 Kodiak Middle School concrete repair 05010 Kodiak High School asbestos & floor covering 05011 District -wide floor covering replacement 05012 Kodiak High School heating and ventilation 05013 Kodiak High School insulastion and windows 05014 Kodiak High School and Middle School roof repair 05015 High School Voc ed /classroom reclaimation 05016 East School heating and ventilation 05017 Learning Center renovation jde Ph8se" FY2008 Ammended As of Difference 01/31/08 Budget ; 0 0 ,, 9,302,760 11, 050, 000 8,000,000 30,352,760 14,595,000 2,251,134 339,883 500,000 237,918 304,704 728,708 250,000 596,020 600,000 4,840,788 520,000 1, 81,336 30,352,760 3 1 ,§p4§ 9,302,760 11,080,000 22,913,112 1,072,423 13,522,577 2,808 2,248,326 r � 1,526 338,357 C 430Wila 11 1?t7'': 323,277 176,723 9,350 228,568 212,518 92,186 499,575 229,133 174 249,826 4,134 591,886 617,141 (17,141) 68,426 4,772,362 109,532 410,468 26,224 1,155,112 2,970,356 (30,000) 8,000,000 7,439,648 27,382,404 Budget Adjustments 127% 100% 100% 0% 75% 7% 0% 0% 65% 4% 70% 69% 0% 1% 103% 1% 21% 2% 10% 09 13 1,633,918 1,633,918 Revised Budget 3,633818 9,302,760 11,050,000 8,000,000 31,986,678 14,595,000 2,251,134 339,883 9 187 500,000 237,918 304,704 728,708 250,000 596,020 600,000 4,840,788 520,000 0000,;'' 31,986,678 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 8 of 10 SUBSTITUTED VERSION Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation Anton Larsen Bay Boat Ramp Chiniak Grant ADF &G, fish research Coastal Impact Program CIAP Grant Homeland Security 06008 Summit Lake Trail 06007 ADF & G Building Design 2005 Pre Disaster Mitigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 07012 Ouzinkie School Seismic Upgrade East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Middle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Transfers in from fund 410 Anton Larson Boat Ramp Coastal Impact Program Dingell - Johnson Contribution Total Revenues Projects: 164 KIB Waste Management Implementation 177 Anton Larsen Bay Boat Ramp 02107 ADF &G Research Study 03114 Coastal Impact Program 03118 Chiniak Multi -use Grant 05019 Homeland Security 05020 2005 PreDisaster Mitigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 06007 ADF & G Building Design 06008 Summit Lake Trail 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 0741 t uzinit $pllctiol $etsmi&Upgrada„ 07014 East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Middle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Total Expenditures Kodiak Island Borough, Alaska FY2008 Ammended Budget 1,741,400 1,741,400 0% 560,000 560,000 0% 20,000 2,879 17,121 14% 200,000 139,518 60,482 70% 189,985 - 189,985 0% 17,733 17,733 0% 23,500 17,343 6,157 74% 1,500,000 1,500,000 0% 41,724 41,724 100% 938,633 - 938,633 0% 465,618 465,618 0% 70,000 58,683 11,317 84% 48,000 48,000 0% 70,000 70,000 0% 25,000 25,000 0% 10,000 3,147 6,853 31% 910,000 910,000 0% 100,000 1,000 99,000 1% 500,000 500,000 0% 570,000 570,000 0% 308,344 308,344 0% 138,606 138,606 0% 70,000 70,000 0% 30,000 1,602 28,398 5% 10,000 - 10,000 0% 130,000 - 130,000 0% 950,000 950,000 0% 526,350 526,350 0% 60,000 60,000 0% 130,000 130,000 0% 140,000 140,000 0% 1,741,400 896,350 200,000 319,985 20,000 17,733 41,724 938,633 465,618 1,500,000 23,500 70,000 48,000 70,000 25,000 10,000 1,300,000 100,000 500,000 570,000 10$,344 138,606 70,000 30,000 10,000 130,000 950,000 10,494,893 As of Difference Budget Revised 01/31/08 % Adjustments Budget 10,494,893 265,896 10,228,997 3% 936,714 804,686 54% 625,870 270,480 70% 139,518 60,482 70% 309,855 10,130 97% 11,744 8,256 59% 14,430 3,303 81% 22,312 19,412 53% 1,970,574 (1,031,941) 0% 11,012 454,606 2% 1,500,000 0% 17,343 6,157 74% 51,150 18,850 73% 48,000 0% 70,000 0% 25,000 0% 3,147 6,853 31% 1,300,000 0% 500 99,500 1% 500,000 0% 29,555 540,445 5% 97,475, 4flol. 5,383 4,159,976 4% 0% 0% 0% 0% 0% 6,334,917 40% 133,223 70,000 30,000 10,000 130,000 950,000 10,494,893 Ordinance No. 2008 -01C Page 9 of 10 1,741,400 560,000 20,000 200,000 189,985 17,733 23,500 1,500,000 41,724 938,633 465,618 70,000 48,000 70,000 25,000 10,000 910,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 10,000 130,000 950,000 526,350 60,000 130,000 140,000 10,494,893 1,741,400 896,350 200,000 319,985 20,000 17,733 41,724 938,633 465,618 1,500,000 23,500 70,000 48,000 70,000 25,000 10,000 1,300,000 100,000 500,000 570,000 ;3118,344`; 138,606 70,000 30,000 10,000 130,000 950,000 SUBSTITUTED VERSION FY2008 Ammended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill CloseouULeachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 270,288 390,000 41% 660,288 Providence - - 0% From Facilities Fund 125,000 125,000 - 100% 125,000 Total Revenues 785,288 395,288 390,000 50% 785,288 03112 Hospital access and parking, Phase I & II 660,288 196,005 464,283 30% 660,288 05021 CHC architural Engineering 125,000 8,121 116,879 6% 125,000 Total Expenditures 785,288 204,126 581,162 26% 785,288 Fund 530 Solid Waste Collection /Disposal Revenues - Waste Collection 2,776,703 1,635,524 1,141,179 59% Waste Disposal 1,149,968 721,454 428,514 63% Total Revenues 3,926,671 2,356,978 1,569,693 60% Expenditures - Waste Collection 1,294,662 600,427 694,235 46% Waste Disposal 2,632,019 1,035,569 1,596,450 39% Total Expenditures 3,926,681 1,635,996 2,290,685 42% 2,776,703 1,149, 968 3,926,671 1,294, 662 2,632,019 3,926,681 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - 6,010 (6,010) - Providence Hospital Lease 720,000 360,000 360,000 50% 720,000 Transfer in from Fern Fuller 66,500 66,500 - 100% 66,500 Use of Retained Earnings 874,350 874,350 0% 390,000 1,264,350 Total Revenues 1,660,850 432,510 1,228,340 26% 1,660,850 Expenditures and Transfers: - Expenditures 1,660,850 248,411 1,412,439 15% 390,000 2,050,850 Total Expenditures 1,660,850 248,411 1,412,439 15% 1,660,850 Fund 555 - Kodiak Fisheries Research Center - Revenues 2,105,019 1,042,799 1,062,220 50% 2,105,019 Expenditures - Research Facility 2,070,519 495,000 1,575,519 24% 2,070,519 Dorm Facility 34,500 12,856 21,644 37% 34,500 2,105,019 507,856 1,597,163 24% 2,105,019 Fund 560 - Telephone 911 Service - Revenues 69,000 24,566 44,434 36% 69,000 Expenditures 69,000 1,940 67,060 3% 69,000 306, 083,182 309,986, 822 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 10 of 10 TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORAND UM Borough Mayor and Assembly Rick Gifford, Borough Manager Karleton Short, Finance Director WA Arbitrage February 20, 2008 As a local government we issue tax exempt debt (bonds) and then turn around and invest the proceeds of these bonds in taxable instruments. Generally tax - exempt bonds bear interest at a lower rate than comparable taxable securities. Local governments do not pay income taxes, so the spread between the interest payments on the bonds and the interest earnings on the investments is profit to the Borough. This profit is called "arbitrage." The Feds use two primary mechanisms to limit arbitrage: "temporary periods" and "rebate." A local government is permitted to earn arbitrage only during a "temporary period ". The most common rules on temporary periods for capital expenditures state that a local government must spend at least 85% of its bond proceeds within three years. Once the temporary period ends, bond proceeds should not be invested at a rate in excess of the bond rate. Any interest earned on the proceeds of the bonds that exceeds the amount of interest that would have been earned if the proceeds of the bonds would have been invested at the interest rate of the bonds must be rebated to the Federal Government. Of course "rebate" is a fancy word for a federal tax on investment income of local governments. As of January 31, 2008 the Borough had earned $2,729,177 in interest on the proceeds of the 2004A and 2004B bond issues. We have hired a firm to calculate our arbitrage liability but we do not have their report yet. TITLE: Contract No. FY2008 -28 Authorizing the Manager to Enter Into a Long Term Lease With The State of Alaska Department of Military Affairs forjPool Purposes' 7 SUMMARY: Resolution No. FY2008 -05 author the manager to sign documents allowing the Kodiak Island Borough to assume the City of Kodiak position as lessee in a 1965 lease with the Alaska Department of Military Affairs on State Land (a.k.a. Armory) identified for pool purposes. This new lease involves the same parcel of property that the Borough "assumed" from the City of jak and will, among other things, extend the term of the old lease from December 2020 to 2062. ( This new term secures a long term lease on the site that the new pool will be constructed and protect the Borough's financial investment in the facility. The other terms and conditions of the new lease are favorable to the Borough. As an example, no rent fee will be charged. There are a number of conditions of approval in the new lease that the National Guard wanted to maintain from the original 1965 lease. Most important to the National Guard is the ability to utilize the facilities on occasion. FISCAL NOTES: Account No.: N\A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA:. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO:13 RECOMMENDED MOTION: Move to approve Contract No. FY2008 -28 authorizing the Manager to enter into a Tong -term lease with the State of Alaska Department of Military Affairs for pool purposes. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -05 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Community Developm ent Introduced: 08/16/2007 Adopted: 08/16/2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING THE ASSIGNMENT OF THE CITY OF KODIAK'S INTEREST IN LOT 2 U.S. SURVEY 2538 TO THE KODIAK ISLAND BOROUGH FOR POOL PURPOSES WHEREAS, the City of Kodiak entered into a lease with the State Department of Military Affairs in 1965 on the property commonly known as the backside of the "armory parcel" legally described as Lot 2, U.S. Survey 2538 for pool and youth services; and WHEREAS, the term of the lease was for a period of 55 years and expires in 2020 unless extended; and WHEREAS, the construction of a pool and youth center is now a priority of the Kodiak Island Borough and its citizens with the passage of bonds totaling $14,210,000; and WHEREAS, the Kodiak Island Borough is in need of "site control" to move forward with this project; and WHEREAS, with the passage of City of Kodiak Ordinance No. 1196, the City Council authorized the City Manager to sign an Assignment and Assumption of Lease to the Kodiak Island Borough; and WHEREAS, KIBC 18.10.020 requires the Assembly by resolution to set the terms, conditions and manner of acquisition of real property or interest therein; NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough accepts the transfer and assumption of a lease of land described as a portion of Lot 2, U.S. Survey 2538 and more particularly described in the 1965 lease between the City of Kodiak and the Alaska Department of Military Affairs for pool purposes and accepts the terms and conditions of said lease; and BE FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH authorizes the manager to sign all documents to complete this transaction. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF AUGUST, 2007 Kodiak Island Borough, Alaska Nova M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH e M. Selby, Borough M Resolution No. FY2008 -05 Page 1 of 1 THIS LNZgtiTU&S of lease, made this ml. day of _,, aaa _ r 1565, between the State of Alaska by its agents, 1)fiYAXI HT OF bf3I.I'SM AFFAIF'S, party of the' first part„ hereinafter rcinuaftaer celled Lessor, and the CITY OF %DDIA8, a municipal corporation, party of the second part, heroin - after called Lessee. W t $ZSSET 1: That the Lessor, subject to oonditioos of axe agreement No, 13A- 95.514. between the State of Alaska and the United States] Govartuaser dated 29 October 1957, does hereby lease unto the said Lessee a certain parcel of lard which is a portion of U. S. Survey No. 2550 located in the City of atndisk, Alaska, Third Division, State of Alaska end being more particularly described es follows: Coeexaatrcing at the N.W. canner of the intersection of Sixth Avenue and "J" Street; thence S. 55' 17' W. a distance of your Hundred Sixty Feet, (460'); thence H. 34 43' W. a distance of ¥oec bred Sixty Feet, (450') to rrbe true point of beginning; thence N. 54' 43' W. a distance of Three Hundred Fifty hast (i50'); thaws N. 55° 17' 8, * distance of Two hundred test,. (200'); thence S. 34 43' S. a distance of Three hundred l:ifty Fait, (350'); thence S. 55' 17' S. to the point: of bag/seine a distance of Two Hundred Feat, (200'). This is a rectangular tract of land aoet*it3inng L.G1 acres more or lass. TO WM A= TO HOLD the said demised promises for a taox of fifS,p- five (55) years connenciag on the 21rj, , day of <.- 1965 end ending at 12 o'clock addeight on the Out dsy of „ iraseag '7920 , at a yearly renal of One Dollar 01.00) per ysar,.end other good gad valuable coaaiderstloas. This loose is, however, rubject to the following terms earl coaditionu which the parties hereto de hereby agree to fully observe, keep mid perform: Y. The Lessee agrees that the property dascr€.bed herein is for the purpose of construction of a municipally oweaed and operated min- ring pool, end city youth center, wad for no other purpose auci the peopa•ty so leased shell be limited to that use. 4` .2- 2. The Lessee agrees that it will construct twits ova expense adequate parking facilities edjaceut to said pool and youth center and under ao circumstances Kill National Guard Property be used by the Lewes for parking. 3. The Lessen agrees that the Leaner shall be held ha rml+ns and free from liability of any nature in connection with the Lessee's operation of said tanning pool and youth canter or the constroc- tion thereof and that Oa Lessee shall maintain during the Life of this lease at his expense a PuhLic liability Policy protect- ing any exposure the State may suffer due to the facility tieing located upon State owned property. b. The Lesser agrees that it will submit to the Lessor all plans and specifications for the proposed •aoustructiou of said pool ated,yuutb center and the same ;hall bs approv■d by the Laasor before the same shall be used and the Lessee turtber agrees that the Swimming 'facility Beiildin* youth center and parking area shall be located at least seventy -Elva feet (75') teens the Amery Building. $. The Leases agrees that it Bill construct at its own expense s ') road tote ass Lo icsreas end agrees to said pool end yotth center and uech roadrey shall ont be en the property bel ocgLag to the State of Alaska except aa that property included in this Lease. 6. The Lessee WOGS that it will not assign any tights acquired by this Lease, without Wet obtaeining the written perelasion of the /mot. 7. to consideration of the premises the Lesser hereby grants to the . Lseses the exclusive ri$Cet and options to renew or extend this Lease for s feather trim of years to be agreed by the psrrtles hereto; it being agreed and understood that the option to treat this Lease Shull be esssreiaed under the following teem and u 11 2 =unman or =LID= ZRYA1**, LESSOII hy. STUB Os AKA ..Director. Division of Lands •3- cacdttinuas The Lesaes sbn11 give notice to the Lessor of its desire to rock tbis Leese at least six maths prior to the expiration date, It bring understood tenet if the Lessee obeli fail to give such notice in writing then the Lessee shall for- fait its right to exert the option to renew this lease, at the option of the Leases; it also being agreed and understood that to tha meat the option rights shall be mortised, the ravenents and oc tutees contained berate shall be binding on the parties hereto, unless soy shall ba cheesed by matml agree: ma di the parties hereto. 8, Lassos farther agrees that the Alaska National Guard shall, hive use of the civic youth costar and mriasotng pool facility for tr &ciog purposte dutiring sock time se agreed upon by the Alaska National Guard and the City of *odtsk. At least four boos' each month shall be allotted for exclusive woe by the Alaska Notional Guard for tralrtiog purposes. 9, tt is mstnelly 'greed between the parties hereto that this lease may be arx33lind or changed by smack consent. tg WIT=BS4 WBARROF, the parties hereto hero hereunto set their bends end 'male the day and year first berdaabeve written. cra OF ;DMA; 1.88833 f bth iVENUE (HOWELL AVt.) k. 1 / • 54,(1'. It , i ....... . . . . .. , ............. \ . • \--- APPROXIIATE 1REE LINE i I t t ci- ,„F" s6 (k, —/— I ......., ..... t --- % , . a- 1 t 1 -0 1 / / L-0 Ce• 1- ' Z .. 4 .."- .4. ..... u-) 1 • us 1 „::, 7:1 I ..., --: •C $ .■) 6” e ,, p ..o ■ t -1 : 63 ,1 „ , dew-% RISING CURB AND GUIIER--- N 34 349,87 y (CULVERT STATE OF ALASKA DEPARTMENT OF MILITARY AND VETERANS AFFAIRS ALASKA ARMY NATIONAL GUARD (AKARNG) P.O. Box 5800 Fort Richardson, Alaska 99505 -5802 LEASE AGREEMENT ADL No. 30488 Effective this 1 day of March, 2008, this lease agreement is entered into by the State of Alaska, Department of Military and Veteran Affairs hereafter referred to as "Lessor," and the Kodiak Island Borough, hereafter referred to as "Lessee," whether one or more, whose sole addresses for purposes of notification under this lease agreement are listed in section 23. The Lessor and the Lessee agree that this lease, including all attachments and documents that are incorporated in this lease by reference, contains the entire agreement between the parties, and each of the covenants and conditions in this lease including any attachments will be binding upon the parties and upon their respective successors and assigns. The Lessor and the Lessee further agree that this lease is conditioned upon satisfactory performance by the Lessor and the Lessee of all covenants and conditions contained in this lease. This lease is subject to all applicable state, federal, and municipal statutes, regulations, and ordinances in effect on the effective date of this lease, and insofar as is constitutionally permissible, to all statutes, regulations, and ordinances placed in effect after the effective date of this lease. This lease does not limit the power of the State of Alaska, its political subdivisions, or the United States of America to enact and enforce legislation or to adopt and enforce regulations or ordinances affecting, directly or indirectly, the activities of the Lessee or its agents in connection with this lease or the value of the interest held under this lease. This lease replaces and supplants the December 21, 1965 lease between the State of Alaska and the City of Kodiak which was assigned to and assumed by the Kodiak Island Borough by the document recorded as item 2007- 002020 -0 recorded with the Kodiak District Recorder. The Lessor, subject to conditions of an agreement No. DA -95- 514 -NG-48 between the state of Alaska and the United States Government dated 29 October 1957, does hereby lease unto the said Lessee a certain parcel of land which is a portion of Lot 2 of U.S. Survey No. 2538A according to Plat 99 -17 located in the City of Kodiak, Alaska, Third Judicial District, State of Alaska and being more particularly described as follows: Commencing at the N.W. corner of the intersection of Sixth Avenue and "J" Street; 1. thence S. 55° 17' W, a distance of Four Hundred Sixty Feet, (460'); 2. thence N. 34° 43' W, a distance of Four Hundred Sixty Feet, (460') to the true point of beginning; 3. thence N 34° 43' W, a distance of Three Hundred Fifty Feet (350'); 4. thence N. 55° 17' E, a distance of Two Hundred Feet, (200'); 1 5. thence S. 34° 43' E, a distance of Three Hundred Fifty Feed, (350'); 6. thence S. 55° 17' W, to the point of beginning a distance of Two Hundred Feet (200'). This is a rectangular tract of land containing 1.61 acres more of Tess. 1. Grant. This land lease is effective the 1 day of March, 2008 and is for a 55 year term and will end at 12 o'clock midnight on the 30th day of April 2062, unless sooner terminated, subject to: compensation as specified in section 2; the attached development plan approved by the Lessor on March 1, 2008; and attached stipulations, if any, that are incorporated in and made a part of this lease, for the following, hereafter referred to as the "leasehold ": a. The Lessee agrees that the property described herein is for the purpose of construction of a municipally owned and operated swimming pool, and youth center, and for no other purpose and the property so leased shall be limited to that use. b. The Lessee agrees that the Lessor shall be held harmless and free from liability of any nature in connection with the Lessee's operation of said swimming pool and youth center or the construction on thereof and that the Lessee shall maintain during the life of this lease at his expense a Public Liability Policy protecting any exposure the State may suffer due to the facility being located upon State owned property. c. The Lessee agrees that it will submit to the Lessor all plans and specifications for the proposed construction of said pool and youth center and the same shall be approved by the Lessor before the same shall be used and the Lessee further agrees that he Swimming Facility Building, youth center and parking areas shall be located at least seventy-five feet (75') from the Armory Building. d. The Lessee agrees that it will construct at its owned expense a road for use in ingress and egress to said pool and youth center and such roadway shall not be on the property belonging to the State of Alaska except on that property included in this Lease. e. The Lessee agrees that it will not assign any rights acquired by this Lease, without first obtaining the written permission of the Lessor. f. In consideration of the premises the Lessor hereby grants to the Lessee the exclusive right and option to renew or extend this lease for a further term of years to be agreed by the parties hereto; it being agreed and understood that the option to renew this lease shall be exercised under the following terms and conditions: The Lessee shall give notice to the Lessor of its desire to renew this Lease at least six months prior to the expiration date; it being understood that if the Lessee shall fail to give such notice in writing then the Lessee shall forfeit its right to exert the option to renew this Lease, at the option of the Lessor; it also being agreed and understood that in the event the option rights shall be exercised, the covenants and conditions contained herein shall be binding on the parties hereto, unless any shall be changed by mutual agreement of the parties hereto. g. Lessee further agrees that the Alaska National Guard shall have use of the civic youth center and swimming pool facility for training purposes during such times as agreed upon by the Alaska National Guard and the Kodiak Island Borough. At least four hours each month shall be allotted for exclusive use by the Alaska National Guard for training purposes. h. It is mutually agreed between the parties hereto that the lease may be modified or 2 changed by mutual consent i. The Kodiak Island Borough will allow the AKARNG to use the pool and youth center parking lot during training activities. j. The Kodiak Island Borough will construct a stairway and walkway from the pool parking lot down to the Armory Building level. Excepting and reserving any general reservations to the Lessor that are required by law and that may be stated elsewhere in this lease, and the following, which the state reserves for itself and others: 2. Compensation. The parties agree that their mutual rights and obligations created by this lease provide fair and adequate consideration for this document. Lessee is not required to pay further rent. 3. Denial of Warranty. The Lessor makes no warranty, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the leasehold, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the profitability or fitness of the leasehold for any use. The Lessee represents that the Lessee has inspected the leasehold and determined that the leasehold is suitable for the use intended, or has voluntarily declined to do so, and accepts the leasehold "as is" and "where is." 4. Use of Leasehold. Prior to execution of this lease and to commencing use or development of the leasehold, the Lessee shall submit a development plan for the leasehold to the Lessor and obtain the Lessor's approval of the plan. Any use or development of the leasehold must be consistent with the development plan approved by the Lessor. Any proposed revisions to the development plan must be submitted to the Lessor for approval before any change in use or development occurs. The Lessee shall use and occupy the leasehold in compliance with the approved development plan and all applicable laws, regulations, ordinances, and orders that a public authority has put into effect or may put into effect, including those of a building or zoning authority and those relating to pollution and sanitation control. The Lessee may not permit any unlawful occupation, business, or trade to be conducted on the leasehold. The Lessee shall properly locate all activities and improvements on the leasehold, and may not commit waste of the parcel. The Lessee shall maintain and repair the leasehold including improvements in a reasonably neat and clean condition, and shall take all necessary precautions to prevent or suppress grass, brush, or forest fires, and to prevent erosion, unreasonable deterioration, or destruction of the land or improvements. The Lessee agrees not to place any aboveground or underground fuel or chemical tanks on the leasehold without the prior written approval of the Lessor. 5. Encumbrance of Leasehold. The Lessee may not encumber or cloud the Lessor's title to the leasehold, or any portion of the leasehold, nor enter into any lease, easement, or other obligation of the Lessor's title without the prior written approval of the Lessor. 6. Assignment of Interest. The Lessee may not assign or sublet any interest held under this lease, including a security interest, without the prior written approval of the Lessor. The Lessor may approve such assignment or subletting if the Lessor finds it to be in the best interest of the Lessor. No such assignment or subletting will be effective until approved by the Lessor in writing, and the assignee agrees to be subject to and governed by the provisions of this lease, any subsequent amendments to this lease, any additional stipulations, or reappraisal as deemed appropriate by the Lessor, and all applicable laws, regulations, and ordinances in the same manner as the original Lessee. No assignment or subletting of the leasehold, or any portion thereof, by the Lessee will annul the Lessee's obligation to pay the compensation required for the full term of this lease. Except as provided in this lease, no subdivision of the leasehold interest may occur without the prior written approval of the Lessor. 7. Payment of Taxes and Assessments. The Lessee shall pay prior to delinquency all taxes and 3 assessments accruing against the leasehold. 8. Condemnation of Leasehold or Improvements. If the whole or any part of the leasehold is taken by any authorized body or person vested with the power of eminent domain, by negotiation, court action, or otherwise, the following provisions control: (1) Taking of the entire leasehold. If all of the leasehold is taken by condemnation, this lease and all rights of the Lessee will immediately terminate. The Lessor is entitled to all the condemnation proceeds, except that the Lessee will be paid the portion of the proceeds attributable to the fair market value, as determined in the condemnation proceedings, of any buildings or improvements taken that were placed on the condemned leasehold by the Lessee in accordance with the approved development plan. (2) Taking of substantial part of the leasehold. If the taking is of a substantial part of the leasehold, the following rules apply: (A) If the taking by condemnation reduces the ground area of the leasehold by at least 30 percent or materially affects the use being made by the Lessee of the leasehold, the Lessee has the right to elect to terminate the lease by written notice to the Lessor not later than 180 days after the date of taking. (B) If the Lessee elects to terminate, the provisions in subsection (1) of this section govern the condemned portion of the leasehold and the covenants and conditions of the lease govern disposal of the remainder of any buildings or improvements made by the Lessee in accordance with the approved development plan. (C) If the Lessee does not elect to terminate, the lease continues and the Lessor is entitled to the full condemnation proceeds except the portion attributable to the fair market value, as determined in the condemnation proceedings, of any buildings or improvements taken that were placed on the condemned portion of the leasehold by the Lessee in accordance with the approved development plan. (3) Taking of insubstantial part of the leasehold. If the taking by condemnation reduces the ground area of the leasehold by less than 30 percent and the Lessor determines that the taking is of such an insubstantial portion that the Lessee's use of the leasehold is not materially affected, the Lessee may not elect to terminate the lease 9. Valid Existing Rights. This lease is subject to all valid existing rights, including easements, rights -of -way, reservations, or other interests in land in existence on the date of execution of this lease. 10. Inspection. The Lessor will have reasonable access to the leasehold for purposes of inspection. 11. Mineral Reservations. No mineral reservations are granted by the issuance of this lease. 12. Surface Resources. Unless otherwise provided by this lease or other written authorization, the Lessee may not sell or remove from the leasehold any timber, stone, gravel, peatmoss, topsoil, or any other material valuable for building or commercial purposes. Material required for the development of the leasehold may be used only in compliance with the approved development plan. 13. Appropriation or Disturbance of Waters. During the term of this lease, the Lessee, with approval of Lessor, may apply for an appropriation of ground or surface water on the leasehold in accordance with AS 46.15 and 11 AAC 93.060. 14. Acquisition of Rights or Interests. Any right or interest acquired during the term of this lease and accruing to the benefit of the leasehold will remain appurtenant to the leasehold, and may not be 4 severed or transferred from the leasehold without the prior written approval of the Lessor. In the event of termination or forfeiture of this lease, any such right or interest will vest in the Lessor. 15. Land Alterations Due to Natural or Artificial Causes. The interest described in this lease constitutes the entire leasehold. If, through natural or artificial causes, accretion or reliction of land occurs contiguous to the leasehold, the Lessee has no right to occupy or use the accreted land unless a separate lease is entered with the Lessor with respect to such lands. The rules of law usually applicable to accretion or reliction of land do not apply to this lease, nor to the interest described in this lease. 16. Waiver or Forbearance. The receipt of compensation by the Lessor, with or without knowledge of any default on the part of the Lessee, is not a waiver of any provision of this lease. No failure on the part of the Lessor to enforce a covenant or condition of this lease, nor the waiver of any right under this lease by the Lessor, unless in writing, will discharge or invalidate the application of such covenant or condition. No forbearance or written waiver affects the right of the Lessor to enforce any covenant or condition in the event of any subsequent default. The receipt of compensation by the Lessor after termination or any notice of termination will not reinstate, continue, or extend this lease, or destroy, or in any manner impair the validity of any notice of termination that may have been given prior to receipt of the compensation, unless specifically stated by the Lessor in writing. 17. Default and Remedies. (a) Time is of the essence in this lease. If the Lessee defaults on the performance of any of the covenants or conditions of this lease, and the default is not remedied within 60 days after the Lessor issues written notice of such default to the Lessee and to the holder of a security interest in the leasehold approved by the Lessor, or within any additional period the Lessor allows for good cause, the Lessee will be subject to legal or any other administrative action deemed appropriate by the Lessor, including termination of this lease. The Lessor may, in the notice of the default or in a separate written notice, state that if the default is not remedied, this lease shall terminate on a date certain, which shall be at least 60 days after issuance of the notice of default. Upon the date specified in such notice, unless the default has been remedied, the lease shall expire automatically without further notice or action by the Lessor and this lease and all rights of the Lessee under the lease shall terminate. Upon termination of the lease the Lessor shall have an immediate right to possession of the leasehold and any possession by the Lessee shall be unlawful. It is specifically agreed that no judicial action shall be necessary to terminate this lease or to allow the Lessor to retake possession in the event of default by the Lessee. No improvements may be removed from the leasehold while the lease is in default except with the Lessor's prior written approval. If this lease is terminated for default, all compensation paid by the Lessee is forfeited to the Lessor. The Lessor is not liable for any expenditure made or undertaken by the Lessee under this lease. Any costs or fees, including attorneys fees, reasonably incurred by the Lessor for the enforcement of this lease, shall be added to the obligations due and payable by the Lessee. (b) If the Lessee fails to remedy the default within the time allowed in subsection (a) of this section, the holder of an approved security interest who has received notice under subsection (a) of this section may remedy the default. The holder shall act within 60 days from the date of receipt of notice under subsection (a) of this section, or within any additional period the Lessor allows for good cause. (c) The Lessor may, at the Lessor's option, following the Lessee's default and failure to remedy, or after termination of this lease due to such default and failure to remedy, accelerate the unpaid compensation for the remainder of the term of this lease. The Lessee's obligation to pay such accelerated rent to the Lessor survives termination of this lease. (d) If this lease is terminated, or all or any portion of the leasehold is abandoned by the Lessee, the Lessor may immediately enter, or re -enter and take possession of the leasehold, and without liability for any damage, remove all persons and property from the leasehold and may, if necessary, use summary proceedings or an action at law. The words "enter" and "re- enter" as used are not restricted to their technical legal meaning. Any entry, re -entry, possession, repossession, or 5 dispossession by the Lessor, whether taken with or without judicial action, does not absolve, relieve, release, or discharge the Lessee, either in whole or part, of any liability under the lease. (e) The Lessor, upon or at any time after giving written notice of any default, may enter or re -enter the leasehold to remedy any default by the Lessee or exercise any right given under this lease, all without the intervention of any court being required. The curing of such default shall not be deemed for any purpose to be for the benefit of the Lessee. (f) At any time after termination of this lease, the Lessor may re -let the leasehold, or any part thereof, in the name of the Lessor for such term and on such conditions as the Lessor may determine, and may collect and receive the compensation therefor. The Lessor shall not be responsible or liable for failure to re -let the leasehold or for any failure to collect any compensation due upon such re- letting, nor shall the Lessor be required to account for or pay to the Lessee any excess compensation received as a result of such re- letting. The Lessee shall be liable for any deficiency, and for all costs, expenses, and fees incurred by the Lessor arising out of the default, including the Lessor's efforts to re -let the leasehold. (g) No right or remedy conferred upon or reserved to the Lessor in this lease or by statute, or existing in law or equity, is intended to be exclusive of any other right or remedy, and each and every right shall be cumulative. 18. Disposition of Improvements and Chattels after Termination. Any chattels or improvements left on the leasehold after termination, and at the Lessor's sole option, shall be removed from the leasehold and the site restored to its original condition at the Lessee's sole expense. The Lessee shall be liable to the Lessor for any costs, expenses, or damages arising out of the disposition of improvements not approved by the Lessor, and may be required to pay rent on any improvements or chattels left on the parcel. 19. Indemnity to Lessor. The Lessee shall indemnify, defend, and hold the Lessor harmless from and against all claims, demands, judgments, damages, liabilities, penalties, and costs, including attorneys fees, for loss or damage, including but not limited to property damage, personal injury, wrongful death, and wage, employment, or worker's compensation claims, arising out of or in connection with the use or occupancy of the leasehold by the Lessee or by any other person holding under the Lessee, or at the Lessee's sufferance or invitation; and from any accident or fire on the leasehold; and from any nuisance made or suffered on the leasehold; and from any failure by the Lessee to keep the leasehold in a safe and lawful condition consistent with applicable laws, regulations, ordinances, or orders; and from any assignment, sublease, or conveyance, attempted or successful, by the Lessee of all or any portion of the leasehold or interest therein contrary to the covenants and conditions of this lease. The Lessee holds all goods, materials, furniture, fixtures, equipment, machinery, and other property whatsoever on the parcel at the sole risk of the Lessee, and shall defend, indemnify and hold the Lessor harmless from any claim of loss or damage by any cause whatsoever, including claims by third parties. 20. Insurance. If required by the Lessor, the Lessee shall obtain insurance in an amount determined by the Lessor to be sufficient. The Lessor shall be named as an additional insured party of any such insurance. The types and amount of insurance shall be specified in the attached stipulations made a part of this lease agreement and may be adjusted periodically. The Lessee shall maintain that insurance as long as required by the Lessor. Any insurance acquired by the Lessee for the purpose of providing insurance coverage under this lease must be issued by an insurer authorized to do business in the State of Alaska under the provisions of AS 21.09.010 and AS 21.27.010 for the type of policy being written. 21. Environmental Compliance. (a) The Lessee shall, at the Lessee's own expense, comply with all existing and hereafter enacted environmental responsibility laws ( "Environmental Laws "). The Lessee shall, at the Lessee's own expense, make all submissions to, provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the 6 Environmental Laws. (b) Should the Authority require that a remedial action plan be prepared and that a remedial action be undertaken because of the presence of, or any disposal, release, spill, or discharge, or threatened disposal, release, spill, or discharge of or contamination by hazardous materials at the leasehold that occurs during the term of this lease or arises out of or in connection with the Lessee's use or occupancy of the land described in section 1 of this lease, then the Lessee shall, at the Lessee's own expense, prepare and submit the required plans and financial assurances and carry out the approved plans. The Lessee's obligations under this section shall arise if there is any event or occurrence at the leasehold during the term of this lease, or arising out of or in connection with the Lessee's use or occupancy of the land described in section 1 of this lease, that requires compliance with the Environmental Laws. (c) At no expense to the Lessor, the Lessee shall promptly provide all information requested by the Lessor for preparation of affidavits or other documents required by the Lessor to determine the applicability of the Environmental Laws to the leasehold, and shall sign the affidavits promptly when requested to do so by the Lessor. (d) The Lessee shall indemnify, defend, and hold harmless the Lessor from all fines, penalties, suits, judgments, procedures, claims, demands, liabilities, settlements, and actions of any kind arising out of or in any way connected with the presence of or any disposal, release, spill, or discharge or any threatened disposal, release, spill, or discharge of or contamination by hazardous materials at the leasehold that occurs during the term of the lease or arises out of or in connection with the Lessee's use or occupancy of the land described in this lease; and from all fines, penalties, suits, judgments, procedures, claims, demands, liabilities, settlements, and actions of any kind arising out of the Lessee's failure to provide all information, make all submissions, and take all steps required by the Authority under the Environmental Laws or any other law concerning any spill, discharge, or contamination that occurs during the term of this lease or arises out of or in connection with the Lessee's use or occupancy of the land described in this lease. (e) The Lessee agrees that it will not discharge or dispose of or suffer the discharge or disposal of any petroleum products, gasoline, hazardous chemicals, or hazardous materials into the atmosphere, ground, wastewater disposal system, sewer system, or any body of water. (f) In any court action or administrative proceeding, in addition to all other applicable presumptions, it shall be rebuttably presumed that any environmental contamination of the leasehold (i) has been released on the leasehold; (ii) has resulted from acts or omissions of the Lessee or its agents; and (iii) has occurred during the term of this lease. The Lessee has the burden of rebutting the presumptions by clear and convincing evidence. (g) This section of this lease does not in any way alter the Lessor's powers and rights or the Lessee's duties and liabilities under Title 46 (or its successor) of the Alaska Statutes or other state, federal, or municipal statutes, regulations, or ordinances. For example, notwithstanding the provisions of this lease, the Lessor shall not be precluded from claiming under AS 46.03.822 that the Lessee is strictly liable, jointly and severally, for damages and costs incurred by the Lessor for clean up of contamination on the leasehold. The obligations and provisions of this section 26 shall survive the termination of this lease. (h) As used in this lease, the term "hazardous materials" means any hazardous or toxic substance, material, or waste that is or becomes regulated by any municipal governmental authority, the State of Alaska, or the United States government. 22. Surrender of Leasehold. Upon the expiration, termination, or cancellation of this lease, the Lessee shall peacefully leave and deliver up all of the leasehold in good, sanitary, and marketable condition, order, and repair. 7 23. Notices. (a) Any notice or demand by the Lessee will be made by hand delivery or by certified mail, postage prepaid, addressed as follows (or to a new address that the Lessor designates in writing), with delivery occurring upon receipt by the Lessor: To the Lessor: Department of Military and Veterans Affairs Alaska Army National Guard (AKARNG) P.O. Box 5800 Fort Richardson, Alaska 99505 -5802 Attn: Commanding Officer (b) Any notice or demand by the Lessor will be issued by mail, the notice or demand will be addressed as follows (or to a new address that the Lessee or its successor in interest designates in writing): To the Lessee: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Borough Manager The Lessor will issue a copy of any such notice or demand to each holder of a security interest in the leasehold whose assignment has been approved by the Lessor under section 6 of this lease. Any security interest not approved as provided in section 6 is insufficient to require notice by the Lessor. (c) Any notice or demand regarding the lease must be in writing and will be complete if given as set out above. 24. Modification. This lease may be modified or amended only by a document signed by both parties. Any purported amendment or modification has no legal effect until placed in writing and signed by both parties and approved by the Department of Natural Resources, Division of Mining, Land and Water. 25. Choice of Law. The lessee confers personal jurisdiction on the courts of the State of Alaska for any litigation under this lease. 26. Severability of Clauses of Lease Agreement. If any clause or provision of this lease is, in a final judicial proceeding, determined illegal, invalid, or unenforceable under present or future laws, then the Lessor and the Lessee agree that the remainder of this lease will not be affected, and in lieu of each clause or provision of this lease that is illegal, invalid, or unenforceable, there will be added as a part of this lease a clause or provision as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible, legal, valid, and enforceable. By signing this lease, the Lessor and the Lessee agree to be bound by its provisions. LESSEE: Rick L. Gifford, Manager, Kodiak Island Borough 8 STATE OF ALASKA Judicial District ) ss. THIS IS TO CERTIFY THAT ON THIS day of before me personally appeared , known to me to be the person named and who signed the foregoing lease and acknowledged voluntarily signing the same. Notary Public in and for the State of Alaska My commission expires: STATE OF ALASKA ) ss. Judicial District ) LESSOR: BG Thomas H. Katkus, Commander Alaska Army National Guard THIS IS TO CERTIFY THAT ON THIS day of , before me personally appeared , known to me to be the person named and who signed the foregoing lease and acknowledged voluntarily signing the same. Notary Public in and for the State of Alaska My commission expires: STATE OF ALASKA Judicial District ) ss. APPROVED: Dick Mylius Director, Division of Mining, Land and Water THIS IS TO CERTIFY THAT ON THIS day of , , before me personally appeared , of the Division of Mining, Land and Water of the Department of Natural Resources of the State of Alaska, who executed the foregoing lease on behalf of the 9 State of Alaska, and who is fully authorized by the State to do so. Notary Public in and for the State of Alaska My commission expires: Recorder's Office: Return the recorded document to: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 OKL - 261 10 TITLE: Contract No. FY2007 -11A Amending Contract No. FY2007 -11 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 20, 2008 REGULAR MEETING ITEM NO: 13.A.2 The KIBSD recently compiled a study of the Kodiak High School facility, which includes a comprehensive evaluation of building deficiencies and needs regarding educational program. Findings of the report describe numerous design and condition deficiencies that interfere with student learning. The district has requested that KIB enlist the services of a design professional to further evaluate facility needs at Kodiak High School and provide conceptual options for consideration by the community. KIB has the architectural firm Jensen Yorba Lott under contract to provide NE services for the KHS Voc -Ed Renovation and Pool Reclamation project. In order to accommodate the KIBSD request, staff recommends authorizing a Change in Services agreement to include Condition Survey, Education Specification, and Conceptual Design for a lump sum price of[ 128,90 1 The proposed Change in Services will not increase the amount of the contract. Rather this change will modify emphasis between categories of work within the existing contract. By approving this change the Borough will broaden the focus of design work from the KHS Voc- Ed Renovation and Pool Reclamation Project to a broader study of the entire campus at a conceptual level. Should the options provided by the study be rejected and a return to the original project prevail, additional funding will be needed for NE services to complete the original project. FISCAL NOTES: Account No.: 420 - 500 - 452 -140 Amount Budgeted: $733,484.00 Expenditure Required: $0 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2007- 11 A with Jensen, Yorba and Lott of Juneau, Alaska. DATE: 3 -12 -08 FROM: Woody Koning TO: Rick Gifford RE: Contract FY 2007 -11 KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT MEMORANDUM The KIBSD has requested provision of an expanded study of the condition of the Kodiak High School facility by an architect to include educational specifications, condition survey, and conceptual design options. Currently KIB has the firm Jensen Yorba Lott under contract to provide A/E services for the KHS Voc -Ed Renovation and Pool Reclamation project. The scope of services in this contract include: 1. Project Administration Services 2. Evaluation and Planning Services 3. Design Services 4. Construction Procurement Services 5. Contract Administration Services 6. Facility Operation Services Under the contract the architect is to be compensated for time and materials based on an estimate of $269,673. The contract provides for a Change in Services if mutually agreed in writing. The architect has agreed to a Change in Services as described in the attached proposal from Jensen Yorba Lott. The change can be accomplished without increasing the current budgeted amount of for design, and without increasing the amount of the A/E contract. The proposed change would broaden the scope of work cate .. ' - .. ove, and delete items 4 -6 in the A/E contract. The lump sum cost for the change is Since the funding for this project is partially reimbursable bond money, I called Sam S. Kito, Technical Engineer /Architect I with DEED to verify that this change in scope would comply with the reimbursement agreement between the state and KIB. He answered yes. I called Thomas Klinkner, the attorney KIB retained for the bond issue for his advice on this change from a legal perspective. He blessed the change in scope as long as KIB builds a capital project with remaining bond funds. Since this study is likely to suggest high cost options and the state reimbursement window is due to expire this fall, KIBSD has requested a schedule for this project that will allow time for a bond issue to be included in the October election this year. Jensen Yorba Lott Inc. II Date: March 12, 2008 To: Ken Smith From: Tony Yorba RE: KHS Masterplan CC: Designing Alaska Since 1935 MEMORANDUM The following is our proposed methodology /scope of work for the masterplan: We understand that the District and KIB are committed to preparing a bond proposal to put before the voters for the regular October election. The objective of the bond proposal would be to obtain a funding commitment from the voters for some combination of new construction and renovation of the existing Kodiak High School so that your newly developed academic program can be fully realized. We agreed that the bond proposal will need to be supported by a design proposal that describes how the new academic proposal can be incorporated into the existing high school campus. This design proposal will be a masterplan that suggests which existing buildings remain, which should be renovated or reused, which should be torn down, and what new construction could be anticipated. The following are the steps we propose: 1. Research: Develop site base plan of all facilities; Review the new academic program, identify any areas where additional information is needed; expand on the existing adjacencies diagrams to create department templates- spatial clusters that may suggest areas that would translate into buildings or portions of buildings. Present square foot costs to use for estimating plans. We would review these templates and other base information in a meeting March 26. 2. Preliminary Design Options: Develop alternative conceptual design options showing how the area templates developed in step 1 can be fit on ARCHITECTURE • INTERIOR DESIGN • LANDSCAPE ARCHITECTURE 522 WEST 10TH STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www.jensenyorbalott.com the site and existing buildings. Prepare advantages/ disadvantages report for each concept. Develop list of priorities for evaluating subsequent design options. Present the preliminary design options on April 2. 3. Develop Design Options: further develop design options based on feedback from task 2 meetings. Prepare analysis of each based on the list of priorities. Select 2 or 3 options for further evaluation. Present design options, priorities analysis and select preferred options for further evaluation at a meeting April 17. 4. Develop 2 or 3 preferred design options. Prepare conceptual cost estimate for each. Present options, select a best case option at meeting May 2 5. Prepare masterplan graphics, narrative for use in bond election advertisements. Our fee proposal for these masterplan services is attached. We have also included a fee proposal for a conditions survey. The survey would be a separate task, the information from which would be useful in renovation or re -use of any facilities that warrant it. The conditions survey will include time to review the existing education program with EED and make sure they accept it as fulfilling the requirement for an education specification. Thanks for this opportunity to be of service, let me know if you have any questions. G:\ Projects \0651 \Corr \hs masterplan\masterplan scope.doc ARCHITECTURE • INTERIOR DESIGN •LANDSCAPE ARCHITECTURE 522 WEST 10TH STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www. j ensenyorbalott. com JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL SUMMARY Project: KODIAK HIGH SCHOOL PRE DESIGN TASKS Conditions Survey $63,808 Lump sum $0 $63,808 Ed Spec Review (in Cond Survey $0 Lump sum $0 $0 Conceptual Design $63,100 Lump sum $0 $63,100 $0 Lump sum $0 $0 $0 Lump sum $0 $0 $0 Lump sum $0 $0 $0 Lump Sum $0 $0 $0 Time /Expens $0 $0 TOTAL high school pre design fee.xls -SUM 1 3/7/2008 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL MASTERPLAN DESIGN SERVICES Project: STAFF: PMgr I11 II I intern Drft AA $140 $115 $105 $95 $90 $80 $70 ARCHITECTURE: Project Management 8 Base Sheets & Research 8 8 Prelim Options 24 24 Site Visit 1: Prelim Options 8 Develop Prelim options 16 40 Site Visit 2: Prioritise options 16 Revise Options 8 40 Devlop cost est for options 8 Site Visit 3: Select Option 8 Finalize Concept Design 8 40 Quality Control Subtotal (hours) Subtotal (dollars) CONSULTANTS: Structural, Mech, Elect Engineering Input Subtotal Overhead /Profit Total high school pre design fee.xls- CONCEPT DESIGN KODIAK HIGH SCHOOL PRE DESIGN TASKS Cost Estimating Architectural Reimbursables: (3 trips, 5 days plus printing) 10% 1 8 24 24 24 24 8 40 112 152 0 0 128 24 0 416 15,680 17,480 0 0 11,520 1,920 0 $46,600 $5,000 $5,000 $5,000 $15,000 $1,500 $16,500 TOTAL MASTERPLAN DESIGN SERVICES FEE $63,100 3/6/2008 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL CONDITIONS SURVEY FEE Project: STAFF: Arch /LArch /IDes PMgr I11 II I Intern Drft AA TOTAL $140 $115 $105 $95 $90 $80 $70 ARCHITECTURE: Project Management 2 Site visit 16 Review Existing document 24 Teleconference Review Mtg 4 Cost Estimates 2 Review Ed Spec with EED 4 Draft Report 16 Teleconference Review Mtg 4 Final Report 8 Public Presentation 8 CONSULTANTS: Arch reimbursables- 2 trips, (2 day trip 1,300; 1 day trip 900) plus printing etc $2,500 Subtotal (hours) Subtotal (dollars) Structural Engineering Mechanical Engineering Electrical Engineering Subtotal Overhead /Profit KODIAK HIGH SCHOOL PRE DESIGN TASKS 10% high school pre design fee.xls- CONDITIONS SURVEY 1 88 0 0 0 0 0 0 88 12,320 0 0 0 0 0 0 $12,320 $9,157 $10,715 $12,115 $46,807 $4,681 TOTAL CONDITIONS SURVEY FEE 3/7/2008 l�UlllAK INLAND 13UKU U Uri 710 MILL BAY ROAD KODIAK, ALASKA 99615 cr CD a 0" O CD tD p o Cfl ID Q W 0) Q C CO 0 0 ADDRESSEE OR CURRENT OCCUPANT PO BOX 2411 KODIAK, AK 99615 m K 0 H 0 r m-. 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C D 2 -29 -08 3 -26 -08 4 -2 -08 4 -17 -08 5 -2 -08 5 -9 -08 6 -25 -08 8 -7 -08 K TIME LINE FOR KODIAK HIGH SCHOOL MASTER PLAN KHS Facility Report KIBSD Review Templates /Cost JYL - KIBSD /EF Preliminary Options JYL - KIBSD /EF Select 2 or 3 Options JYL - KIBSD /KIB Select Best Case Option JYL -KIBSD /KIB Submit DEED Application KIBSD DEED Approval DEED Introduce Bond Ordinance KIB 8 -14 -08 Introduce or Adopt Ordinance 8 -21 -08 Adopt Ordinance KIB KIB 8 -21 -08 Introduce Bond Ordinance KIB 8-28-08 Sp. Meeting to Adopt Ordinance KIB 8 -29 -08 Project Description to Clerk EF 9 -5 -08 1St Notice of Election Clerk 9 -17 -08 Mail Pamphlets Clerk 2nd Notice of Election Clerk 1 Notice of Bond Indebtedness Clerk 9 -22 -08 2nd Notice of Bond Indebtedness Clerk 10 -1 -08 3rd Notice of Election Clerk 3 Notice of Bond indebtedness Clerk 10 -7 -08 Election Clerk KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: ITEM NO: 13.8.1 Resolution No. FY2008 -30 Requesting North Pacific Fishery Management Council Consideration of Kodiak Community Concerns in the Pending Analysis of the BSAI Crab Rationalization Program. SUMMARY: In October 2007, the North Pacific Fishery Management Council (NPFMC) reestablished their "Crab Advisory Committee" and created positions for community representatives and crew members on the Committee. The City of Kodiak Manager was appointed to the Committee upon the recommendation of the Kodiak City Council and the Kodiak Island Borough Assembly as the Kodiak community representative. At about the same time, the Crewmen's Association requested that the Kodiak City Council and the Kodiak Island Borough Assembly pass a resolution supporting their efforts before the NPFMC related to the BSAI crab rationalization program. The Crewmen's Association's resolution was referred to the Kodiak Fisheries Advisory Committee (KFAC) for review and comment. In late December, the KFAC substantially revised the resolution and returned it to the City and Borough for consideration. Since then, the Crab Advisory Committee and the NPFMC have met and discussed the crab rationalization program at length. As a result of actions at these meetings, a resolution has been drafted that attempts to address the concerns of the Crewmen's Association and the KFAC, and to recognize the status of the BSAI crab rationalization program at the NPFMC. Staff recommends adoption of Resolution No. FY2008 -30. APPROVAL FOR AGENDA: 4`'L RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -30. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -30 Introduced by: KIB Assembly Requested by: Manager Gifford Drafted by: City Manager Freed Introduced: 03/20/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REQUESTING NORTH PACIFIC FISHERY MANAGEMENT COUNCIL CONSIDERATION OF KODIAK COMMUNITY CONCERNS IN THE PENDING ANALYSIS OF THE BSAI CRAB RATIONALIZATION PROGRAM WHEREAS, the Kodiak Island Borough is dependent on our working waterfront — crewmembers, skippers, boat owners, processing plants, and their workers; and WHEREAS, the Kodiak Island Borough's support sector is in turn dependent on a healthy working waterfront; and WHEREAS, each fishery and gear type is important to the overall health of our community's economy, and the loss of access to any fishery causes negative impacts on the whole economy, as the community observed after the implementation of the BSAI crab rationalization program; and WHEREAS, the leasing of individual fishing quota and the continued consolidation of the BSAI crab fishing fleet has resulted in a reduction of the historical value of the fishery to active participants; and WHEREAS, the North Pacific Fishery Management Council (Council) has initiated an analysis of the 90/10 A share /B share split for review at the October 2008 meeting; and WHEREAS, the Kodiak Island Borough strongly agrees with the Council's statement in the draft purpose and need statement that "the optimal A share /B share split has not been analytically determined, nor was a clear analytical evaluation for the original 90/10 share split ever presented "; and WHEREAS, the Kodiak Island Borough supports the effort of the Council to move forward with this analysis by finalizing the draft purpose and need statement adopted at the Council's October 2007 meeting; and WHEREAS, the Kodiak Island Borough suggests strengthening the purpose and need statement by acknowledging that "any change to the existing 90/10 A share /B share split will have a direct impact on communities and crew, in addition to processors and harvesters, and these impacts should also be analyzed. NOW, THEREFORE, BE IT RESOLVED by the Assembly of the Kodiak Island Borough that the North Pacific Fishery Management Council is urged to finalize the purpose and needs statement and develop and adopt a preliminary elements and options document for an analysis of the 90/10 A share /B share split at the April 2008 meeting. Kodiak Island Borough Resolution No. FY2008 -30 Page 1 of 2 BE IT FURTHER RESOLVED by the Assembly of the Kodiak Island Borough that the elements and options document should include for analysis: • a one -pie allocation (0/100 A share /B share split) • a variable A share /B share split based on TAC levels • the implications of share leasing under each of the A share /B share splits analyzed • the consideration of allocation of C shares to crew for each A share /B share split analyzed, with the size of the allocation sufficient to benefit all active participants in the fishery. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2008 -30 Page 2 of 2 REVISED CITY OF KODIAK RESOLUTION NUMBER 08-04 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK REQUEST- ING NORTH PACIFIC FISHERY MANAGEMENT COUNCIL CONSIDERATION OF KODIAK COMMUNITY CONCERNS IN THE PENDING ANALYSIS OF THE BSAI CRAB RATIONALIZATION PROGRAM WHEREAS, the City of Kodiak is dependent on our working waterfront — crew mem- bers, skippers, boat owners, processing plants and their workers; and WHEREAS, the City of Kodiak's support sector is in turn dependent on a healthy work- ing waterfront; and WHEREAS, each fishery and gear type is important to the overall health of our commu- nity's economy, and the loss of access to any fishery causes negative impacts on the whole economy, as the community observed after the implementation of the BSAI crab rationalization program; and WHEREAS, the leasing of individual fishing quota and the continued consolidation of the BSAI crab fishing fleet has resulted in a reduction of the historical value of the fishery to active participants; and WHEREAS, the North Pacific Fishery Management Council (Council) has initiated an analysis of the 90/10 A share /B share split for review at the October 2008 meeting; and WHEREAS, the City of Kodiak strongly agrees with the Council's statement in the draft purpose and need statement that "the optimal A share /B share split has not been analytically determined, nor was a clear analytical evaluation for the original 90/10 share split ever pre- sented"; and WHEREAS, the City of Kodiak supports the effort of the Council to move forward with this analysis by finalizing the draft purpose and need statement adopted at the Council's October 2007 meeting; and WHEREAS, the City of Kodiak suggests strengthening the purpose and need statement by acknowledging that "any change to the existing 90/10 A share /B share split will have a direct impact on communities and crew, in addition to processors and harvesters, and these impacts should also be analyzed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that the North Pacific Fishery Management Council is urged to finalize the purpose and needs Resolution No. 08-04 Page 1 of 2 statement and develop and adopt a preliminary elements and options document for an analysis of the 90/10 A share /B share split at the April 2008 meeting. BE IT FURTHER RESOLVED by the Council of the City of Kodiak that the elements and options document should include for analysis: • a one -pie allocation (0 /100 A share /B share split) • a variable A share /B share split based on TAC levels • the implications of share leasing under each of the A share /B share splits analyzed • the consideration of allocation of C shares to crew for each A share /B share split ana- lyzed, with the size of the allocation sufficient to benefit all active participants in the fishery. ATTEST: Resolution No. 08-04 Page 2 of 2 CITY CLERK Adopted: CITY OF KODIAK MAYOR KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: ITEM NO: 13.B.2 Resolution No. FY2008 -31 Supporting House Bill No. 373, an Act Extending Specified Public School Bond Debt Reimbursement and Providing for an Effective Date. SUMMARY: This resolution expresses support to House Bill No. 373 which is an act extending specified public school debt reimbursement. Passage of this bill would not only allow the Kodiak Island Borough to pay costs of any new school construction projects, but it also gives opportunity to supplement funding for the bonds that were approved a few years back that have experienced higher construction costs due to inflation, higher costs of supplies and labor. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to approve Resolution No. FY2008 -31. ATTEST: Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: Borough Clerk Introduced: 03/20/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -31 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING HOUSE BILL NO. 373, AN ACT EXTENDING SPECIFIED PUBLIC SCHOOL BOND DEBT REIMBURSEMENT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Alaska State Constitution provides that the Legislature shall by general law establish and maintain a system of public schools open to all children of the State; and WHEREAS, the Kodiak Island Borough endorses support to HB373 to extend the sunset for school debt reimbursement until November 30, 2010; and WHEREAS, HB373 would allow the Kodiak Island Borough to pay costs of any new school construction projects; WHEREAS, it will also give opportunity to supplement funding for the bonds that were approved a few years back that have experienced higher construction costs due to inflation, higher costs of supplies and labor; and WHEREAS, extending the sunset for school debt reimbursement will give additional opportunity to survey the needed improvements necessary for the Kodiak Island Borough school district facilities; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that by this resolution, hereby endorses support to HB 373. NOW, THEREFORE, BE IT FURTHER RESOLVE BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution shall be submitted to Governor Sarah Palin, Senator Gary Stevens, Representative Gabrielle LeDoux, and the House Finance Committee. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2008 -31 Page 1 of 1 HOUSE BILL NO. 373 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY -FIFTH LEGISLATURE - SECOND SESSION BY THE HOUSE FINANCE COMMITTEE Introduced: 2/19/08 Referred: Finance 25- LS1340\A A BILL FOR AN ACT ENTITLED 1 "An Act extending specified public school bond debt reimbursement; and providing for 2 an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. AS 14.11.100(a) is amended to read: 5 • (a) During each fiscal year, the state shall allocate to a municipality that is a 6 school district the following sums: 7 (1) payments made by the municipality during the fiscal year two years 8 earlier for the retirement of principal and interest on outstanding bonds, notes, or other 9 indebtedness incurred before July 1, 1977, to pay costs of school construction; 10 (2) 90 percent of 11 (A) payments made by the municipality during the fiscal year 12 two years earlier for the retirement of principal and interest on outstanding 13 bonds, notes, or other indebtedness incurred after June 30, 1977, and before 14 July 1, 1978, to pay costs of school construction; HB0373a -1- HB 373 New Text Underlined [DELETED TEXT BRACKETED] 25 -LS 1340\A 1 (B) cash payments made after June 30, 1976, and before July 1, 2 1978, by the municipality during the fiscal year two years earlier to pay costs 3 of school construction; 4 (3) 90 percent of 5 (A) payments made by the municipality during the fiscal year 6 two years earlier for the retirement of principal and interest on outstanding 7 bonds, notes, or other indebtedness incurred after June 30, 1978, and before 8 January 1, 1982, to pay costs of school construction projects approved under 9 AS 14.07.020(a)(11); 10 (B) cash a p yments made after June 30, 1978, and. before July 1, 11 1982, by the municipality during the fiscal year two years earlier to pay costs 12 of school construction projects approved under AS 14.07.020(a)(11); 13 (4) subject to (h) and (i) of this section, up to 90 percent of 14 (A) payments made by the municipality during the current 15 fiscal year for the retirement of principal and interest on outstanding bonds, 16 notes, or other indebtedness incurred after December 31, 1981, and authorized 17 by the qualified voters of the municipality before July 1, 1983, to pay costs of 18 school construction, additions to schools, and major rehabilitation projects that 19 exceed $25,000 and are approved under AS 14.07.020(a)(11); 20 (B) cash payments made after June 30, 1982, and before July 1, 21 1983, by the municipality during the fiscal year two years earlier to pay costs 22 of school construction, additions to schools, and major rehabilitation projects 23 that exceed $25,000 and are approved under AS 14.07.020(a)(11); and 24 (C) payments made by the municipality during the current 25 fiscal year for the retirement of principal and interest on outstanding bonds, 26 notes, or other indebtedness to pay costs of school construction, additions to 27 schools, and major rehabilitation projects that exceed $25,000 and are 28 submitted to the department for approval under AS 14.07.020(a)(11) before 29 July 1, 1983, and approved by the qualified voters of the municipality before 30 October 15, 1983, not to exceed a total project cost of (i) $6,600,000 if the 31 annual growth rate of average daily membership of the municipality is more HB 373 -2- HB0373a New Text Underlined [DELETED TEXT BRACKETED] 1 than seven percent but less than 12 percent, or (ii) $20,000,000 if the annual 2 growth rate of average daily membership of the municipality is 12 percent or 3 more; payments made by a municipality under this subparagraph on total 4 project costs that exceed the amounts set out in (i) and (ii) of this subparagraph 5 are subject to (5)(A) of this subsection; 6 (5) subject to (h) - (j) of this section, 80 percent of 7 (A) payments made by the municipality during the fiscal year 8 for the retirement of principal and interest on outstanding bonds, notes, or 9 other indebtedness authorized by the qualified voters of the municipality 10 (i) after June 30, 1983, but before March 31, 1990, to 11 pay costs of school construction, additions to schools, and major 12 rehabilitation projects that exceed $25,000 and are approved under 13 AS 14.07.020(a)(11); or 14 (ii) before July 1, 1989, and reauthorized before 15 November 1, 1989, to pay costs of school construction, additions to 16 schools, and major rehabilitation projects that exceed $25,000 and are 17 approved under AS 14.07.020(a)(11); and 18 (B) cash payments made after June 30, 1983, by the 19 municipality during the fiscal year two years earlier to pay costs of school 20 construction, additions to schools, and major rehabilitation projects that exceed 21 $25,000 and are approved by the department before July 1, 1990, under 22 AS 14.07.020(a)(11); 23 (6) subject to (h) - (j) and (m) of this section, 70 percent of payments 24 made by the municipality during the fiscal year for the retirement of principal and 25 interest on outstanding bonds, notes, or other indebtedness authorized by the qualified 26 voters of the municipality on or after April 30, 1993, but before July 1, 1996, to pay 27 costs of school construction, additions to schools, and major rehabilitation projects 28 that exceed $200,000 and are approved under AS 14.07.020(a)(11); 29 (7) subject to (h) - (j) and (m) of this section, 70 percent of payments 30 made by the municipality during the fiscal year for the retirement of principal and 31 interest on outstanding bonds, notes, or other indebtedness authorized by the qualified HB0373a 25- LS1340\A -3- HB 373 New Text Underlined [DELETED TEXT BRACKETED] 25 -LS 1340\A 1 voters of the municipality after March 31, 1990, but before April 30, 1993, to pay 2 costs of school construction, additions to schools, and major rehabilitation projects; 3 (8) subject to (h), (i), (j)(2) - (5), and (n) of this section and after 4 projects funded by the bonds, notes, or other indebtedness have been approved by the 5 commissioner, 70 percent of payments made by the municipality during the fiscal year 6 for the retirement of principal and interest on outstanding bonds, notes, or other 7 indebtedness authorized by the qualified voters of the municipality on or after July 1, 8 1995, but before July 1, 1998, to pay costs of school construction, additions to 9 schools, and major rehabilitation projects that exceed $200,000 and are approved 10 under AS 14.07.020(a)(11); 11 (9) subject to (h), (i), (j)(2) - (5), and (n) of this section and after 12 projects funded by the bonds, notes, or other indebtedness have been approved by the 13 commissioner, 70 percent of payments made by the municipality during the fiscal year 14 for the retirement of principal and interest on outstanding bonds, notes, or other 15 indebtedness authorized by the qualified voters of the municipality on or after July 1, 16 1998, but before July 1, 2006, to pay costs of school construction, additions to 17 schools, and major rehabilitation projects that exceed $200,000 and are approved 18 under AS 14.07.020(a)(11); 19 (10) subject to (h), (i), (j)(2) - (5), and (o) of this section, and after 20 projects funded by the bonds, notes, or other indebtedness have been approved by the 21 commissioner, 70 percent of payments made by the municipality during the fiscal year 22 for the retirement of principal and interest on outstanding bonds, notes, or other 23 indebtedness authorized by the qualified voters of the municipality on or after June 30, 24 1998, to pay costs of school construction, additions to schools, and major 25 rehabilitation projects that exceed $200,000, are approved under AS 14.07.020(a)(11), 26 and are not reimbursed under (n) of this section; 27 (11) subject to (h), (i), and (j)(2) - (5) of this section, and after projects 28 funded by the bonds, notes, or other indebtedness have been approved by the 29 commissioner, 70 percent of payments made by a municipality during the fiscal year 30 for the retirement of principal and interest on outstanding bonds, notes, or other 31 indebtedness authorized by the qualified voters of the municipality on or after June 30, HB 373 -4- HB0373a New Text Underlined [DELETED TEXT BRACKETED] 1 1999, but before January 1, 2005, to pay costs of school construction, additions to 2 schools, and major rehabilitation projects and education- related facilities that exceed 3 $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (n) 4 or (o) of this section; 5 (12) subject to (h), (i), and (j)(2), (3), and (5) of this section, 60 percent 6 of payments made by a municipality during the fiscal year for the retirement of 7 principal and interest on outstanding bonds, notes, or other indebtedness authorized by 8 the qualified voters of the municipality on or after June 30, 1999, but before January 1, 9 2005, to pay costs of school construction, additions to schools, and major 10 rehabilitation projects and education- related facilities that exceed $200,000, are 11 reviewed under AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this 12 section; 13 (13) subject to (h), (i), (j)(2) - (5), and (p) of this section, and after 14 projects funded by the tax exempt bonds, notes, or other indebtedness have been 15 approved by the commissioner, 70 percent of payments made by a municipality during 16 the fiscal year for the retirement of principal and interest on outstanding tax exempt 17 bonds, notes, or other indebtedness authorized by the qualified voters of the 18 municipality on or after June 30, 1999, but before October 31, 2006, to pay costs of 19 school construction, additions to schools, and major rehabilitation projects and 20 education - related facilities that exceed $200,000, are approved under 21 AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this section; 22 (14) subject to (h), (i), (j)(2), (3), and (5), and (p) of this section, 60 23 percent of payments made by a municipality during the fiscal year for the retirement 24 of principal and interest on outstanding tax exempt bonds, notes, or other indebtedness 25 authorized by the qualified voters of the municipality on or after June 30, 1999, but 26 before October 31, 2006, to pay costs of school construction, additions to schools, and 27 major rehabilitation projects and education- related facilities that exceed $200,000, are 28 reviewed under AS 14.07.020(a)(1 I), and are not reimbursed under (n) or (o) of this 29 section; 30 (15) subject to (h), (i), (j)(2) - (5), and (q) of this section, and after 31 projects funded by the bonds, notes, or other indebtedness have been approved by the HBO373a 25- LS1340\A -5- HB 373 New Text Underlined [DELETED TEXT BRACKETED] 25- LS1340\A 1 commissioner, 90 percent of payments made by a municipality during the fiscal year 2 for the retirement of principal and interest on outstanding bonds, notes, or other 3 indebtedness authorized by the qualified voters of the municipality on or after June 30, 4 1999, but before October 31, 2006, to pay costs of school construction, additions to 5 schools, and major rehabilitation projects and education - related facilities that exceed 6 $200,000, are approved under AS 14.07.020(a)(11), meet the 10 percent participating 7 share requirement for a municipal school district under AS 14.11.008(b), and are not 8 reimbursed under (n) or (o) of this section; 9 (16) subject to (h), (i), and (j)(2) - (5) of this section, and after projects 10 funded by the tax exempt bonds, notes, or other indebtedness have been approved by 11 the commissioner, 70 percent of payments made by a municipality during the fiscal 12 year for the retirement of principal and interest on outstanding tax exempt bonds, 13 notes, or other indebtedness authorized by the qualified voters of the municipality on 14 or after October 1, 2006, but before November 30, 2010 [2008], to pay costs of school 15 construction, additions to schools, and major rehabilitation projects and education - 16 related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), and 17 are not reimbursed under (o) of this section; 18 (17) subject to (h), (i), and (j)(2), (3), and (5) of this section, 60 percent 19 of payments made by a municipality during the fiscal year for the retirement of 20 principal and interest on outstanding tax exempt bonds, notes, or other indebtedness 21 authorized by the qualified voters of the municipality on or after October 1, 2006, but 22 before November 30, 2010 [2008], to pay costs of school construction, additions to 23 schools, and major rehabilitation projects and education- related facilities that exceed 24 $200,000, are reviewed under AS 14.07.020(a)(11), and are not reimbursed under (o) 25 of this section. 26 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c). HB 373 -6- HB0373a New Text Underlined [DELETED TEXT BRACKETED] TITLE: Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P&Z Case 08 -017.) SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.C.1 The Planning & Zoning Commission initiated this investigation by motion at the December 2007 regular meeting at the request of the Alaska Department of Transportation & Public Facilities (ADOT /PF). ADOT &PF would like to have the property zoned appropriately for airport uses before they proceed with the appraisal and acquisition of the land, the bulk of which is owned by the Ouzinkie Native Corp. (surface estate) and the Koniag Regional Native Corp. (subsurface estate). ADOT /PF has provided airport design maps which describe the lands to be acquired and assembled for the new Ouzinkie Airport. These maps do not provide the kind of boundaries that correspond to legal descriptions that staff normally requires for the mapping of zone boundaries. The airport design maps are accurate enough, and can be obtained in electronic format, so that the recommended zone can be accurately incorporated into the existing zoning map for the area. After a public hearing was held on February 20, 2008, the Commission recommends the Kodiak Island Borough Assembly rezone the three parcels identified in the application and case packet totaling approximately 157 acres ( + / -) based on the Commission's review and recommendation. This case is now being forwarded to the Kodiak Island Borough Assembly with "Findings" as required in KIBC 17.72.020.A. The findings have been incorporated into a draft ordinance which has been prepared for Assembly introduction. In addition, selected materials reviewed by the Commission are included with this packet for Assembly consideration. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -18 in first reading to advance to public hearing on April 3, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -18 Requested by: P & Z Commission Drafted by: CDD Staff Introduced: 03/20/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING THREE (3) PARCELS OF LAND ON SPRUCE ISLAND TOTALING APPROXIMATELY 157 ACRES FROM C- CONSERVATION TO LI -LIGHT INDUSTRIAL (P &Z CASE 08 -017.) WHEREAS, the Alaska Department of Transportation & Public Facilities (ADOT &PF) has indicated the land proposed for rezone is going to be acquired to build a new Ouzinkie airport; and WHEREAS, ADOT &PF would prefer the land to be rezoned to allow airport use before it is appraised for acquisition in order to ensure the process is fair and equitable; and WHEREAS, the P &Z Commission found the site in need of rezoning to permit a new Ouzinkie airport to be constructed to the latest standards promulgated by ADOT &PF in order to promote improved safety for air traffic to the community and to allow the abandonment of the old airport site adjoining the Ouzinkie townsite; and WHEREAS, the abandonment of the old Ouzinkie airport will also provide additional area for community growth and expansion; and WHEREAS, the P &Z Commission held a public hearing on February 20, 2008 as part of the review for this case; and WHEREAS, the Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone the three parcels identified on the ADOT &PF airport design, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: This ordinance is not of general application and shall not be codified. Section 2: The three parcels of land identified in the ADOT &PF airport design dated October 22, 2007, totaling approximately 157 acres, are hereby rezoned from C- Conservation to LI -Light Industrial. Kodiak Island Borough, Alaska Ordinance No. FY2008 -18 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. ATTEST: The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport (in the R1- Single- family Residential zoning district) and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit (approved by the Commission concurrently with this rezone) will allow all future airport related development as a "use -by- right" that is eligible for "over -the- counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The proposed LI -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2008 -18 Page 2 of 2 u.. w.00.a...o u.0 a.e.i 1,16 uv w N N U W h -r a m 0 4 6 4 it g r W $ 9 N a J W Cc U a s 0 •Zr r a Et 8 S tl 8 9 A 8 b R .0 8 8 J 5 5 0 e a 0 H0 0 5 rurc •t i- r 1naa w n Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0. B) Case 08 -017. Request an investigation of a rezone, according to KIBC 17.72.030.B (Manner of Initiation) to consider the rezone of approximately 157 acres of land comprising the new Ouzinkie Airport from C- Conservation to LI -Light Industrial; and A two conditional use permits, per KIBC 17.27.040 and KIBC 17.13.040.B (Conditional Uses) to permit airport related uses as permitted uses in the LI -Light Industrial zoning district and to provide an interim CUP for airstrip in the C- Conservation zoning district until the LI -Light Industrial zone becomes effective. Cassidy reported this is a rezone of property in Ouzinkie that will be the site of the future Ouzinkie airport. The existing airport has problems, the location of the landfill is adjacent to the airport, something not permitted to eliminate bird and plane conflicts, and there is a need for a longer runway. We are taking a number of actions at the request Of DOT who wants to move forward with the appraisal and property acquisition of the parcels. The first is a rezone of the area from C- Conservation to LI -Light Industrial, but because this takes an additional two reading by the Assembly, other actions are required. Secondly, two CUP's, one is an interim measure until the zoning is approved by the Assembly. An airport is a conditional use in the Conservation zone, and the other is to allow for all other airport uses(support business and uses). Staff recommends approval of the rezone and the two conditional permits. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of three parcels as generally identified by ADOT/PF, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial, and to adopt the "Findings of Fact" in the staff report dated February 7, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI- -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning February 20, 2008 P & Z Commission Meeting Minutes Page 3 of 10 becomes effective, a single conditional use permit will allow all future airport related development as a "use-by-right" that is eligible for "over- the - counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI- -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. The question was called, and it CARRIED 6 -0. COMMISSIONER WATKINS MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.13 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case.. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially. expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and February 20, 2008 P & Z Commission Meeting Minutes Page 4 of 10 airport related developments, essentially making them an "over- the - counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.27 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & February 20, 2008 P & Z Commission Meeting Minutes Page 5 of 10 Public Facilities, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITION OF APPROVAL 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI -Light Industrial. FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning • district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over- the - counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional February 20, 2008 P & Z Commission Meeting Minutes Page 6 of 10 use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0. C) Case 03 -010. A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. Cassidy reported this case was postponed pending the completion of the Comp Plan. It was actually postponed twice. In your packet you will find a supplemental Memorandum for your consideration on this case, and in it is a somewhat different recommendation. It results from discussions we have had with the petitioner since the work session. The desire of the applicants is to remove the lot line between the two parcels creating one larger 13 acre parcel, so instead of rezoning two parcels, you will be considering the rezoning of one parcel. Some of this had to do with access issues with the two landlocked lots. Staff is concerned about this much Rural Neighborhood Commercial land in the area especially since the desire of the community is for smaller scaled business that will support the Chiniak community as well as provide opportunities for tourism to take advantage of Chiniak's recreational and scenic attributes. Mr and Mrs. Lucas have agreed to a plat note that states that no future subdivision of the property will occur. Staff February 20, 2008 P & Z Commission Meeting Minutes Page 7 of 10 MEMORANDUM DATE: February 7, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2008 e lar Meeting CASE: 08 -017 Public Hearing Item VI -B APPLICANT: KIB Planning & Zoning Commission AGENT: Teresa A. Victor, SR/WA, Right -of -Way Agent ADOT/PF REQUEST: Investigation of a rezone, according to KIBC 17.72.030.B (Manner of Initiation) to consider the rezone of approximately 157 acres of land comprising the new Ouzinkie Airport from C- Conservation to LI -Light Industrial; and, Two conditional use permits, per KIBC 17.27.040 and KIBC 17.13.040.B (Conditional Uses) to permit airport related uses as permitted uses in the LI -Light Industrial zoning district and to provide an interim CUP for airstrip in the C- Conservation zoning district until the LI -Light Industrial zone becomes effective. LOCATION: Generally located North of the City of Ouzinkie and along the West end of Spruce Island ZONING: C- Conservation Nine (9) public hearing notices were mailed on January 24, 2008. Date of site visit: No site visit was conducted 1. Zoning History: The 1968 Comprehensive Plan did not address this area. All land previously zoned U- Unclassified, or which were not previously zoned, were subsequently zoned C- Conservation by KIB Ordinance 77 -15 -0. 2. Lot Size: Parcel 1 133.27 acres Parcel 2 5.484 acres Parcel 8 17.906 acres (Note: Parcel designations are from ADOT /PF status maps since the parcels don't actually have a typical legal description at this time. The surface estate of Parcels 1 and 8 belong to Ouzinkie Native Corp. and the subsurface estate to Koniak Corp. Parcel 2 belongs to the State of Alaska.) Case 08- 017 /Staff Report Page 1 of 10 P & Z: February 20, 2008 3. Existing Land Use: 4. Surrounding Land Use and Zoning: 5. Comprehensive Plan: 6. Applicable Regulations: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan - Owens -Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; *B. North: South: East: West: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation and R1- Single - family Residential Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation Lots 3, 5 and 16, USS 5691 Use: All three tracts are Vacant Zoning: C- Conservation The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Case 08- 017 /Staff Report Public Hearing Item VI -B All parcels are currently vacant The 2007 Kodiak Island Borough Comprehensive Plan Update identifies this general area for future airport use. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Page 2 of 10 P & Z: February 20, 2008 17.72.055 Submission to assembly, Public Hearing Item VI -B A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.27.040 Conditional Uses. A. New airports (when a facility is granted a CUP, all aviation related uses will be considered permitted uses). COASTAL MANAGEMENT APPLICABLE POLICIES A state coordinated coastal review has already been completed for this site utilizing the standards contained in regulations pertaining to the Alaska Coastal Management Program (ACMP), In addition, the enforceable policies formerly promulgated under the 1983 Kodiak Island Borough Coastal Management Plan were terminated by process of state law on September 1, 2007. Although the KIB can still utilize the standards in its local zoning and permit review processes due to the fact they are still adopted by borough ordinance, it appears that such a review in this context would not lead to a productive outcome given that all other state and federal agencies have already accepted this site for airport development (with or without stipulations). Staff notes that the C- Conservation zoning district is one of the few zoning district that were substantially re- written and amended to include certain policy provisions from the 1983, KIB Coastal Management Plan to the extent that such policies were determined by the P &Z Commission and Assembly to be feasible and prudent. The Planning & Zoning Commission initiated this review at the December 2007 regular meeting on the basis of a letter request submitted by the Alaska Department of Transportation & Public Facilities (ADOT /PF). Although that makes the Commission the ostensible applicant in this case, it is clear from the record that Teresa A. Victor, ROW specialist for ADOT/PF would be best described as the "Agent" for this case. Although Ms. Victor cannot appear at this month's Commission meeting, she has submitted written requests explaining, however briefly, the need Case 08- 017 /Staff Report COMMENTS Page 3 of 10 P & Z: February 20, 2008 for this rezone. In addition, ADOT /PF and its agents have been in contact with CDD staff for the past several years in the planning stages of this project. ADOT /PF is currently in the process of assembling the land for this new airport project and having the land zoned appropriately for the airport use is important to help determine the appropriate land values for negotiation and acquisition purposes. Although it is hoped that the project can begin this Spring/Summer 2008, there is a very real possibility that the project start could be extended to Spring/Summer 2009. The principal reason for relocating the airport to this location farther away from the Ouzinkie Townsite is to assembly additional land to design and build an airport that meets new ADOT /PF standards for local utility airports and provides all necessary FAA safety design features for said airport. The current airport location does not lend itself to lengthening the runway or making the necessary improvements per FAA standards. In addition, the current airport runway requires aircraft on approach from the East to fly near the Ouzinkie dump site which is an attractive location for Seagulls, Ravens and Eagles, among other bird species. FAA standards discourage the location of airport facilities in close proximity to landfills in order to minimize the potential for bird strikes on incoming aircraft. Relocating and rebuilding the airport improves air safety for the local residents of Ouzinkie as well as for all flight operators and visitors to the community. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2007 Kodiak Island Borough Comprehensive Plan Update generally acknowledges that the Ouzinkie Airport will be relocated to a site northward of the existing airport and Townsite. As the final location had not been specifically communicated to the plan consultants it was not possible to pin down the location in the plan maps. As it is now, the land has still not yet been assembled into state ownership and therefore may still be considered subject to change although that would be an unlikely and surprising outcome. ZONING/USE: Public Hearing Item VI -B The land is currently vacant and it is zoned C- Conservation. The C- Conservation zoning permits utility airports as a conditional use. The limitation of this zone, based on past practice however, would require that additional airport developments would similarly have to undergo this conditional use permit (CUP) process for each new building or airport related use that is developed on the site. By zoning the site to LI -Light Industrial, a one -time CUP is all that is necessary to ensure that future airport related uses are permitted "over the counter" as a use -by- right. This has been the zoning standard applied to the Kodiak State Airport as well as the airports of Larsen Bay and Old Harbor. Staff notes that the existing airport is a nonconforming use located in the R1-Single-family Residential zoning district. This has been the case since the Assembly rezoned all of the outlying communities R1- Single- family Residential in 1977 to the extent of the municipal boundary as Case 08 -017 /Staff Report Page 4 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B recognized in the incorporation of those communities. That earlier rezone was adopted as KIB Ordinance No. 77 -19 -0. As outlined in other prior rezone requests for the Kodiak State Airport, the Kodiak Municipal Airport, the Old Harbor Airport and the Larsen Bay Airport, the LI- -Light Industrial zoning district is considered the most appropriate zone for airports and airport related uses. This is due to the flexible development standards contained in the zone and the wide range of permitted and conditional uses. Clearly the inclusion of the Ouzinkie Airport in the R1- Single- family Residential zone was an oversight at the time the zoning was applied to Ouzinkie and all other incorporated communities in the borough. That, and the fact that the LI -Light Industrial zone did not exist back in 1977. In order to ensure that ADOT /PF is able to move forward with land acquisition in the short run while the rezone is being forwarded to the Assembly for further consideration, a CUP for airport development in the C- Conservation zone is being provided in this case to provide interim authorization for airport use until the LI -Light Industrial zone becomes effective. That way, an appraiser can consider whether being able to develop a utility airport has an impact on the land value using the "highest and best use" approach given that is the intended purpose for the acquisition by ADOT /PF. A CUP is also being provided for the proposed LI -Light Industrial zoning, however this CUP cannot become effective until the zoning that it is based upon becomes effective as well. LAND SUITABILITY: In this case, land suitability from the standpoint of airport development is largely a function of ADOT /PF in consultation with the regulations promulgated by the FAA. ADOT /PF did not submit detailed construction plans to indicate just how substantial the construction effort will need to be, but it is expected that the design takes into account local land conditions and that the airport development process will result in very substantial manipulations of the natural land form in order to create the final airport product. This will include not only substantial excavation, filling and grading to develop the runway itself, but will also include improvement of a new airport access road, apron for aircraft parking and airport related business and all taxiways, clear zones and parking zones required by FAA regulations. RECENT DEVELOPMENT TRENDS IN THE AREA: Staff was not able to conduct an on -site inspection of the land and so this portion of the review is based on public sources of information available to staff within the CDD. As far as staff is aware, the area proposed for the new airport is vacant. There are however three privately held tracts located along the shoreline at the West end of the propose airport area. According to Assessing, these tracts are also currently vacant and are zoned C- Conservation. The C- Conservation zoning is essentially a large lot low density single - family residential zone, however it does have provisions which allow commercial fishing use (set net sites), small scale lodges, agriculture, etc., in addition to the single - family residential use. Noise from overflying Case 08 -017 /Staff Report Page 5 of 10 P & Z: February 20, 2008 TRAFFIC IMPACTS: FINDINGS OF FACT Case 08- 017 /Staff Report RECOMMENDATION APPROPRIATE MOTION REZONE Public Hearing Item VI -B aircraft on approach or more likely taking off from the airport could be an annoyance to future residential use of these tracts. This should not be any more burdensome however than the noise generated at the current airport is to the residents of the Ouzinkie Townsite, It is not expected that the improvements to the airport alone will increase the number of flights traveling to and from Ouzinkie. More likely, it would be community growth or the development of visitor related businesses that would increase the amount of traffic into and out of the community. This could be partially off -set by the airport improvements themselves which may allow local air carriers to operate larger aircraft and therefore make fewer trips to any one community. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved, and, that the Commission approve two conditional use permits to provide for immediate and uninterrupted authorization to continue with the development of the proposed new Ouzinkie Airport. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of three parcels as generally identified by ADOT /PF, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial, and to adopt the "Findings of Fact" in the staff report dated February 7, 2008in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI- -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit will allow all future airport related development as a "use -by- right" that is eligible for Page 6 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B "over- the - counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI- -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. APPROPRIATE MOTIONS CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation, the appropriate motions are: Move to grant a conditional use permit (CUP) in accordance with KIBC 17.13 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Depai tment of Transportation & Public Facilities, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. Move to grant a conditional use permit (CUP) in accordance with KIBC 17.27 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. Condition of Approval 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI -Light Industrial. FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility Case 08- 017 /Staff Report Page 7 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI -Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over -the- counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for Case 08- 017 /Staff Report Page 8 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. Case 08- 017 /Staff Report Page 9 of 10 P & Z: February 20, 2008 TITLE: Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. SUMMARY: This is a case that stems from a zoning violation. The Kodiak Winery was constructed without the required building and /zoning compliance permits. CDD staff has been writing violation letters for a number of years that has lead the petitioners to request a rezone before the Commission. The present use is a commercial enterprise (Winery Building and 5 residential rentals) on a Conservation zoned lot that does not allow for this level and type of use. This case was postponed when it was initially scheduled before the Commission in 2003 until the comprehensive plan was adopted, which occurred in December 2007. The recently adopted comprehensive plan did identify an area in this location for small scaled commercial use. This translated into the commission approving the rezoning of two lots from Conservation and RR2 to Rural Neighborhood Commercial. This approval was subject to the following conditions or effective clauses: 1. The rezone shall not become effective until the petitioner has acquired the necessary building permit, zoning compliance permits, and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission with a note on the plat that states: "No future subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or recordable document. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.C.2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -19 in first reading to advance to public hearing on April 3, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -19 Introduced by: Manager Gifford Requested by: P &Z Commission Drafted by: CD Director Cassidy Introduced: 03/20/2008 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING TWO LOTS IN CHINIAK TOTALING THIRTEEN (13) ACRES FROM C- CONSERVATION TO RNC — RURAL NEIGHBORHOOD COMMERCIAL WHEREAS, petitioner has requested this rezone in an effort to bring their commercial operation into compliance; and WHEREAS, the Planning and Zoning Commission first postponed action on this case in 2003 pending final adoption of a new Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission resumed action on the case at its February 20, 2008 regular meeting; and WHEREAS, the Commission finds the rezone request to be generally consistent with the newly adopted Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone Lot 1, U.S. Survey 4935 from C- Conservation to RNC — Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2- Rural Residential Two to RNC- Rural Neighborhood Commercial. NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: The two lots identified, totaling 13 acres are rezoned from RR2 — Rural Residential Two and C- Conservation to RNC- Rural Neighborhood Commercial Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows 17.72.020A. Findings as to the Need and Justification for a Change or Amendment. The rezone to RNC- Rural Neighborhood Commercial is consistent with the community's desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the expressed recommendations contained in the 2007 Kodiak Island borough Comprehensive Plan. Kodiak Island Borough Ordinance No. FY2008 -19 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -19 Page2of2 .t map Rental Rental 4 9 provements are not to scale; appx locations only: 1" 150' 7ts 03 -1 - '13 1 ,to „ • c.) o 4c1 1 c a ..o .— o Z 03 ra I_ c 0 0 to 0 ...&. s... s:. ../...;., (.) co) 2 Ce ?4 ' . ' Ce CI - .alsi.r5a. -p ,, \ * C, tn , Ce O. i DATE: TO: FROM: SUBJECT: Case 03- 010 /Staff Report SUPPLEMENTAL MEMORANDUM Public Hearing Item VI -C February 20, 2008 Planning and Zoning Commission Bud Cassidy, CDD Director Additional information for the February 20, 2008 Regular Meeting CASE: 03 -010 APPLICANT: John & Judy Lucas REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 from C- Conservation to RNC -Rural Neighborhood Commercial, and Lot 2 Isthmus Bay Subdivision, from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. LOCATION: US Survey 4935, Lot 1 - 38057 Chiniak Highway, Chiniak Lot 2, Isthmus Bay Subdivision — 38051 Chiniak Highway, Chiniak ZONING: US Survey 4935, Lot 1 C- Conservation Lot 2, Isthmus Bay Subdivision, RR2 -Rural Residential Two Introduction Staff has been working with the applicant since the last meeting on a number of options associated with this case. We are presenting an option in this supplemental staff report that is different than the one expressed in the early staff report. It is an option that keeps the scale of future use at this site in proportion with the community and one that promotes tourism that takes advantage of the recreational opportunities and the scenic qualities found in Chiniak. It also is one that is consistent with the Chiniak section of the Comprehensive plan. Combine lots This applicant desires to combine the two lots in question (Lot 1, U.S. Survey 4935 with Lot 2, Isthmus Bay Subdivision) into one large lot. This will make one lot of approximately 13 acres in size. The desire is to have all 13 acres zoned to RNC — Rural Neighborhood Residential, but with conditions. Staff's concern with this concept is that 13 acres of RNC in one location in Chiniak is problematic. The RNC zoning district allows for lots to be subdivided into 2 acre lots. That means that a future developer can in fact subdivide this new 13 acre parcel into 6 lots. Staff feels that this may in fact be just too much commercial development at once spot affecting the character of Chiniak's rural nature. There is an option though. Plat Note To prevent a newly created 13 acre lot from being subdivided back into up to six - two acre lots, as allowed under the RNC- Rural Neighborhood Commercial zoning district, a plat note can be Page 1 of 11 P & Z: February 20, 2008 added to the subdivision plat (forthcoming) that does not allow for further subdivision. This plat note attempts to retain the area into one lot for the foreseeable future. It can be argued that a plat note is not necessary because any future subdivision request could come before the commission with the request to remove the plat note. (what a Planning Commission adds to a plat can be removed by a future Planning Commission during a subsequent platting process). Again, it is the intent of staff to have this note added after consultation with the applicant and because of the general feeling that 13 acres of RNC zoned land in one spot in Chiniak is excessive. Recommended Motion Should the Commission agree with the Staff recommendation, passage of the following motion would have to occur. Move to approve the rezoning of Lots 1, U.S. Survey 4935 from C- Conservation to RNC — Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2- Rural Residential Two to RNC- Rural Neighborhood Commercial and to forward the request to the Kodiak Island Borough Assembly for further review Subject to the following Effective Clauses Effective Clauses: 1. The rezone shall not become effective until the petitioner has acquired the necessary building permits, zoning compliance permits and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the planning commission with a note placed on the plat that states: "No further subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, US Survey 4935 are considered "grandfathered" under Borough Ordinance 80- 24-0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or by recordable document. Case 03- 010 /Staff Report RECOMMENDATION MOTION Public Hearing Item VI -C Page 2 of 11 P & Z: February 20, 2008 Staff recommends that the preceding motion be approved and the following findings of fact be adopted. Case 03- 010 /Staff Report RECOMMENDED MOTON Public Hearing Item VI -C Move to adopt the following findings in support of the decision for the rezone of Case 03 -010. 17.72.020A. Findings as to the Need and Justification for a change or amendment The rezone to RNC- Rural Neighborhood Commercial is consistent with the communities desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. Page 3 of 11 P & Z: February 20, 2008 MEMORANDUM DATE: February 13, 2008 TO: Planning and Zoning Commission FROM: Bud Cassidy, CDD Director SUBJECT: Information for the February 20, 2008 Regular Meeting CASE: 03 -010 APPLICANT: John & Judy Lucas REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 from C- Conservation to RNC -Rural Neighborhood Commercial, and Lot 2 Isthmus Bay Subdivision, from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. LOCATION: US Survey 4935, Lot 1 - 38057 Chiniak Highway, Chiniak Lot 2, Isthmus Bay Subdivision — 38051 Chiniak Highway, Chiniak ZONING: US Survey 4935, Lot 1 C- Conservation Lot 2, Isthmus Bay Subdivision, RR2 -Rural Residential Two Eleven (11) public hearing notices were mailed on February 1, 2008. Date of site visit: (To be scheduled prior to public hearing) 1. Zoning History: 2. Lot Size: Lot 1, USS 4935 Lot 2, Isthmus Bay Sub. 4. Surrounding Land Use and Zoning: North: South: East: Case 03- 010 /Staff Report Public Hearing Item VI -C The 1968 Comprehensive Plan did not address this area. All unzoned lands were zoned C- Conservation by Ordinance No. 77 -15 -0. 7 acres 5.92 acres 3. Existing Land Use: Lot 1, USS 4935 Winery and four (4) dwellings Lot 2, Isthmus Bay Sub. Vacant Unsurveyed Land Use: Vacant Zoning: C- Conservation Chiniak Highway and various lots in the Isthmus Bay Sub. (USS 5701) Use: Single Family Residents Zoning: RR2 -Rural Residential Two Lot 2, U.S. Survey 4938 & Isthmus Bay /Roslyn Beach Use: Single Family Dwelling Page 1 of 11 P & Z: February 20, 2008 West: 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. The 1987 Chiniak Area Comprehensive Plan designates this area for residential development. The 2007 Island Wide Comprehensive Plan designated this area for Rural/Mixed Use Commercial/Residential 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner A. The borough assembly upon its own motion; *B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Case 03- 010 /Staff Report Zoning: Conservation Generally Tidal Lagoon/Unsubdivided Land Use: Vacant Zoning: C- Conservation Public Hearing Item VI -C Page 2 of 11 P & Z: February 20, 2008 Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: 2. Natural Setting, Views and Access Case 03- 010 /Staff Report Public Hearing Item VI -C N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: No. One of the lots proposed for a rezone is located on the Chiniak. A set back from the Chiniak Highway should be Page 3 of 11 P & Z: February 20, 2008 6. Accessory Development 7. Wetlands Residential Development 1. Location 2. Open Space Consistent: N /A. This request does not involve the subdivision of land. 3. Access Case 03- 010 /Staff Report Public Hearing Item VI -C considered should this lot be rezoned to a commercial designation. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. In areas with poorly - draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. Onsite well and septic systems are required to meet the standards of ADEC. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Page 4 of 11 P & Z: February 20, 2008 4. Hazardous Lands Consistent: 5. Wetlands I. Introduction Case 03- 010 /Staff Report Public Hearing Item VI -C Consistent: N /A. This request does not involve the subdivision of land. Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. N /A. This request does not involve new residential development, but is intended to move existing development towards conformity with the zoning. Should future subdivision be required, this issue will be reviewed with regard to the hazardous lands policy. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of water bodies. CASE COMMENTS Page 5 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C Mr. and Mrs. Lucas have built up quite a successful business enterprise with their Winery/Gift Shop and Cottage Rental business. You can visit their well- designed website at: http : / /www.kodiakwinerv.com/ Their business includes a two story winery/gift shop building, and 4 cottages (single family residences). Unfortunately, much of this was accomplished without acquiring all the necessary building permits or zoning compliance permits. Department records show that one building permit was acquired. It was for a barn. A barn-like structure was constructed, but it is not being used as a barn as indicated on the application by the petitioner. It has in fact become the center piece of Lucas' venture the Kodiak Island Winery (It must be pointed out though that there are a number of houses on the parcel that may have grandfathered status. That is, these residential "frame houses" could be legal structures if the petitioners can demonstrate that they have "grandfathered" status. But even if that is the case any improvements to these structures require building permits). This case attempts to untangle this combination of zoning violations, and mixed uses found on the site with the newly adopted Comprehensive Plan, adopted zoning regulations and based on the application to rezone this property as submitted by John and Judy Lucas. II. History — Zoning Violation This case was initiated due to zoning enforcement action by Borough staff. A zoning violation letter from the Community Development Department was sent to the petitioner informing them of their violations. Because enforcement actions by staff can be appealed to the Commission, a request to rezone was made by the petitioner to address their violations. A number of violations occur on Lot 1, USS 4935, they are: A. Use Violation — The uses that occur on Lot 1 are a violation because the activities that occur here far exceeds what is allowed in the C- Conservation district. As stated, Mr. and Mrs. Lucas operate a winery/retail outlet/gift shop with 4 single- family rentals. The permitted use of this C- Conservation zoned lot allows for only one single family residential structure per lot (more than one may be allowed here if any of the structures are ` grandfathered" structures). The commercial nature of the winery also presents a use violation as this area not zoned to allow the type of business activity occurring here. B. Building Code Violation — the winery building is a two story commercial structure open to the public. To receive a building permit for the type of use, the building officials require detailed drawings with specific design information. Because it is two stories, an elevator may be required. There are other building requirements that may have to be met but can only be determined once the applicant goes through the building permit process. C. Other Approvals Needed — Wastewater Disposal There are other requirements of concern that also need to be met and would have if the proper procedure was followed. Most importantly are the requirements to have a safe water source and sanitary sewer approvals from the Department of Environmental Case 03- 010 /Staff Report Page 6 of 11 P & Z: February 20, 2008 Conservation. Because public utilities are not provided to the site, wells and numerous septic systems would have to be approved. We have no indication how the wastewater from these five facilities is being treated. III. P & Z Public Hearing History. REZONE REQUEST This case is the continuation of two public hearings on the petitioners request for a zoning change to the property that came before the commission in 2003 only to be postponed. The Commission felt that before taking any action on this request the Kodiak Island Borough Comprehensive Plan be completed. Staff has attached the staff reports from those two cases. The important aspects of those two cases are as follows: A. June 18, 2003 P &Z Meeting Case 03- 010 /Staff Report Public Hearing Item VI -C • Elimination of one of the parcels that was originally requested for rezoning (this parcel is the site of the Lucas home. The commission felt that it was properly zoned for the use that was occurring). • Addition of another lot owned by the petitioners (This lot, Lot 2 Isthmus Subdivision, is located between the Winery and the Chiniak Highway. The Commission felt that this lot should be included and would give the winery parcel legal access and road frontage on the Chiniak Highway). • Change the rezone request from the proposed RD- Rural Development District to the RNC — Rural Neighborhood Commercial District (the commission agreed with staff the RD- District is to be used for more remote- off the road system - development and that the RNC zoning district is a more appropriate zoning district). B. September 17, 2003 P &Z Meeting • Postponed until completion of the Comprehensive Plan IV. CONFORMANCE WITH THE 2007 COMPREHENSIVE PLAN: Page 7 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C The Kodiak Comprehensive Plan notes that Chiniak is changing. With paved roads leading out from town and with electrical power nearby, second homes are becoming an attraction. Chiniak is reasonably close to town, offers beautiful beaches and vistas as well as a rural lifestyle. But the community is experiencing its problems as well, most notably is the possible closure of its school. The Chiniak section of the Comprehensive Plan was closely drafted with input from members of the Chiniak community. The community is trying to develop a pattern of use that protects their rural lifestyle but at the same time promotes some small - scaled business opportunities. Through the plan, there was a desire to provide a rural mix of these uses. The plan map identifies a "node" of mixed use development in the vicinity of the winery. The plan narrative talks about this node as an area where businesses -like activities would be located that would serve the Chiniak population as well as providing recreation/tourist - oriented businesses to take advantage of the scenic and recreational qualities offered in Chiniak. The plan discourages the development of strip commercial, preferring instead to establish "nodes" of commercial development that are somewhat separated from designated residential areas. This request along with the new Comprehensive plan generally achieves this goal ... to a degree. The question for the commission to decide is whether 13 acres of RNC — Rural Neighborhood Commercial zoned land at this one "node" in Chiniak is what is called out for in the plan. ZONING/USE: A. RNC — RURAL NEIGHBORHOOD COMMERCIAL ZONING DISTRICT The Borough Zoning district that best accommodates the community desires to have "Rural/ Mixed use Commercial /Residential" is 17.22 called the RNC- Rural Neighborhood Commercial zoning district. That intent of this district provides for that "limited retail and personal services used for the consumer population in the immediate neighborhood ... with limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or attract large volumes of traffic The RNC -Rural Neighborhood Commercial district requires a two (2) acre minimum lot area, which is met by both of the lots proposed for rezone. In addition, the list of permitted and conditional uses provides a better fit with the existing use pattern. But this zoning district does not address all the uses occurring at the site. A winery is not specifically listed, but could be addressed through a "similar use determination" by the Commission. For that to happen the Commission would have to determine that a small - scale winery is a "similar use" to a restaurant/bar /retail store that is a permitted use in the RNC district. The many single family dwellings found on this one lot are zoning violations and are not listed as a permitted uses in the RNC zone. These structures require their own lot. Therefore, a subdivision of the lot may have to occur, or these single family residences may have to be converted to another permitted use found in the RNC zone. Case 03 -010 /Staff Report Page 8 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C B. HIGHWAY ACCESS As previously indicated Lot 2, Isthmus Bay Subdivision was added to the scope of this review by the Commission. A portion of this vacant lot through a vacation and replat process could be added to Lot 1, U.S. Survey 4935 (Winery Lot) to provide the road frontage to a dedicated right of way. At present, all of these lots are in common ownership so there is an opportunity to consider many options to reconfigure the whole area. There may also be value to provide access to Lot 2, U.S. Survey 4935 because if its need to have access onto a dedicated right — of —way. LAND SUITABILITY: Lots 1 U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision appear to be suitable for the uses currently existing in the proposed rezone area. The Commission may want the petitioners to certify that the onsite wells and septic systems are constructed to the appropriate ADEC standards. As staff has previously noted, the structures are physically separated from the Chiniak Highway and have access to the highway only by going through Lot 2 Isthmus Bay Sub., currently located in the RR2 -Rural Residential Two zoning district. RECOMMENDATION ZONING DISTRICT RECOMMENDATION Staff recommends that the Commission forward this case to the Assembly only if it can find that the RNC -Rural Neighborhood zoning district is generally consistent with the Chiniak Area Comprehensive Plan at the requested location. LOT RECOMMENDED FOR REZONE Staff recommends that the RNC zone be applied only to the 7 acres of Lot 1, US Survey 4935 and any portion of Lot 2, Isthmus Bay Subdivision that will be incorporated into Lot 1 to give it the necessary road frontage. Only zoning the 7+ acres in this area is consistent in keeping with the community's desire to have small- scaled business nodes scattered throughout the Chiniak area. Having 13 acres at this one site is a substantial amount of commercial land in an area that has had very limited business use. The location of the winery and its associated commercial activity away from the main road will retain that rural atmosphere. Lastly, this rezone will move the present use towards conformity. A rezone will not address all the violations found on the property but our role is not to resolve all the issues associated with this case that is the property owner's responsibility. By not following the same laws that everyone else is required to follow, the petitioner has made this a complicated case. Should the Commission agree with the staff recommendation, the following two motions should be approved: A. Motion #1 Case 03- 010 /Staff Report APPROPRIATE MOTION Page 9 of 11 P & Z: February 20, 2008 Effective Clauses: FINDINGS OF FACT Case 03- 010 /Staff Report Public Hearing Item VI -C Move to recommend the rezone of Lot 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial subject to the recommended effective clauses contained in the staff report dated February 12, 2008, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. 1. The rezone shall not become effective until the petitioner has acquired the necessary building and zoning compliance permits for all structures found on the parcel. 2. The rezone shall not become effective until a vacation and replat of Lot 1 & 2, US Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the commission that provides Lot 1 & 2 US Survey 4935 with the required road frontage onto Chiniak Highway. 3. A rezone is not effective until a subdivision of Lot 1, US Survey 4935 is performed that locates each single — family structure and the winery on its own 2 acre lot or consistent with RNC Rural Neighborhood Commercial Zoning district (17.22.050) 4. A rezone shall not become effective until a determination is made as to which structures are considered "grandfathered" under Borough ordinance 80 -24 -0. This requires the petitioner to provide KIB staff with documentation that these structures existed prior to the grandfathered date of June 5, 1980. Staff recommends that the preceding motion be approved and the following adopted: Move to adopt the following findings in support of the decision for rezone Case 03 -010. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is consistent with the 2007 Kodiak Island Borough Comprehensive Plan that identifies this area for limited small scaled commercial uses. Page 10 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. B. Motion #2 Move to recommend the rezone of Lot 2, Isthmus Bay Subdivision from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. Staff recommends that the preceding motion be denied and the following findings of facts be adopted: Move to adopt the following findings in support of the decision for rezone Case 03 -010. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. With the approval of the above motion, staff recommends that there is not a need for additional RNC — Rural Neighborhood Commercial at this site. The goals of the comprehensive plan "to provide a balance between "Rural/ Mixed Use Commercial/Residential" use is being achieved at this location. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Denying the rezone of this lot means it remains a RR2- Rural Residential Two zoned lot. This zoning is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan and the Chiniak community. Case 03- 010 /Staff Report Page 11 of 11 P & Z: February 20, 2008 use fulfills all other requirements of this chapter pertaining to the conditional us= in uestion as part of the zoning compliance review process. Tha . anting the conditional use - permit will not be harmful to the public healt conven : ce and comfort , safety, The Ouzink ; Airport has been operating at its present location for any years. This location is may: the use a non - conformity in the R1- Single -fam Residential zoning district. In additio , the location of the existing airport is not ide for the needed increase in runway length and : ety related clearance zones. In addit'.n, expanding the airport at its current location may in ease a conflict between air traf and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the onservation zo ing district, and the long -term CUP to allow the new utility airport and all i.ort rel. -d uses in the LI -Light Industrial zoning district, will benefit the public health, sa -t convenience and conform by improving air safety for traffic to and from the commu ' 't In addition, the new airport, located away from the Ouzinkie Townsite, will a .w mor- room for community growth and will distance airport noise and traffic fro ► the majority o ommunity residents. 4. The sufficient setbacks, lot are..uffers or other safegua : are being provided to meet the conditions listed in subsecti. s A through C of this section. The C- Conservation co ervation zoning district has substantial s backs and minimum lot dimensions that can 11 be met based on the land status maps sub 'tted by ADOT &PF. While the LI - -Li : t Industrial zoning district does not require setback om lot lines, in this case the • -velopment of the airport will be required to meet ADO : PF and FAA standards ich will ensure that sufficient setbacks, lot area buffer and othe afeguards are prow' ed. The relocation of the airport farther north of the Ouzinkie Townsite'ensures that ere will adequate land area for these standards to be accommodated in the desigrand c. struction of the new airport. ` e question was called, and it CARRIED 6 -0. C) Case 03 -010. A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. Cassidy reported this case was postponed pending the completion of the Comp Plan. It was actually postponed twice. In your packet you will find a supplemental Memorandum for your consideration on this case, and in it is a somewhat different recommendation. It results from discussions we have had with the petitioner since the work session. The desire of the applicants is to remove the lot line between the two parcels creating one larger 13 acre parcel, so instead of rezoning two parcels, you will be considering the rezoning of one parcel. Some of this had to do with access issues with the two landlocked lots. Staff is concerned about this much Rural Neighborhood Commercial land in the area especially since the desire of the community is for smaller scaled business that will support the Chiniak community as well as provide opportunities for tourism to take advantage of Chiniak's recreational and scenic attributes. Mr and Mrs. Lucas have agreed to a plat note that states that no future subdivision of the property will occur. Staff February 20, 2008 P & Z Commission Meeting Minutes Page 7 of 10 `Ni agrees that this will help in keeping the Chiniak rural character. The downside is that a future Planning and Zoning Commission can consider and reverse this plat note, but only after a public hearing. Staff recommends approval of this rezone request subject to a number of conditions. COMMISSIONER JANZ MOVED TO APPROVE the rezoning of Lots 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial and to forward the request to the Kodiak Island Borough Assembly for further review subject to the following Effective Clauses. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Bob Brodie spoke in favor of the request but feels the plat note will be problematic to future development. Public hearing closed: Regular session opened: A brief discussion of the RNC zone and what the plat note provides. John Lucas, applicant, stated he would like to rescind putting a plat note on. COMMISSIONER WATKINS MOVED to change Effective Clause #2 to read "The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission." The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it FAILED 3 -3 EFFECTIVE CLAUSES 1 The rezone shall not become effective until the petitioner has acquired the necessary building permits, zoning compliance permits and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the planning commission with a note placed on the plat that states: "No further subdivision of this parcel shall occur" ;and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or by recordable document. The question was called, and it CARRIED 6 -0. COMMISSIONER JUENGER MOVED to adopt the following findings in support of the decision for the rezone of Case 03 -010. The motion was SECONDED by COMMISSIONER WATKINS. February 20, 2008 P & Z Commission Meeting Minutes Page 8 of 10 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a change or amendment The rezone to RNC -Rural Neighborhood Commercial is consistent with the communities' desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. The question was called, and it CARRIED 6 -0. D) Case 03 -011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B- Business. Cassidy reported we have had a flurry of phone calls, emails, and faxes on all the Larsen Bay requests. We received a resolution by the City of Larsen Bay to postpone these cases until the commission travels to Larsen Bay. This is a very big issue with the community for them to draft this resolution. A lot has transpired since 2003 since these cases were postponed, and having a meeting in or having staff travel to Larsen Bay makes since. Some of the property owners have also changed. People living outside also want to participate. Staff included in the packet three public hearing notices returned with comments: one has to do the view of an adjacent party, one that has been submitted by the tribal council concerned about the historical significance of sites, and one on issues like water meters, electrical meters, etc. Staff is recommending a postponement of all Larsen Bay cases until there is a visit to the community. COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 03 -011 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. The motion was SECONDED by COMMISSIONER KERSCH. OLD BUSINESS A) Case 08 -0. Request Staff reported ( ) public hearing notices were distributed for this case on , 2006.. Staff COMMISSIONER MOVED TO. COMMISSIONER SECONDED the motion. The question was called and it CARRIED . NEW BUSINESS A) COMMUNICATIONS COMMISSIONER MOVED TO ACCEPT communications as submitted. COMMISSIONER SECONDED the motion, and it CARRIED February 20, 2008 P & Z Commission Meeting Minutes Page 9 of 10 Implementation Actions * Install a VPSO when housing levels are adequate. * Improve the condition of HUD housing. nvironmental Quality Poll "es * Addre erosion concerns; Orthodox Church might A Address env •nmental degradation caused . users of the Karluk River areas. Implementation A ons * Identify a site for a new la •fill rrent landfill is full) and repair the road to the current landfill. * Complete the partially- i 'shed cl Uni orporated ommunities on t Road System Unincorporated communities in this chapter generally meet the ate of Alaska's definition for "communities ". They include 25 or more permanent year -round - sidents; residents live in close proximity that allows for frequent personal contacts; residents a - part of a discrete social unit identified by factors such as school enrollment, number of sourc of employment, voter registration, precinct boundaries, permanency of dwelling units, and the mber of commercial establishments and other service centers; or the community is the sub = t of a KIB local comprehensive plan (e.g., Pasagshak). Other communities which do not includ . ne or more of these characteristics (e.g., Anton Larsen Bay or Alaneva) may reach the threshol or an unincorporated community as defined in this Plan in the future. At that point, a separate sec •n describing those communities may be added to this Plan. Chiniak I'.,qe toot Existing Conditions The Chiniak community is located 45 miles southeast of the City of Kodiak, at the terminus of the Chiniak Highway on the easternmost point of Kodiak Island. The area was named "Cape Greville" in 1778 by Captain Cook, and its Alutiiq name "Chiniak" was first reported in 1888 by a U. S. Navy Lieutenant. During the mid- 1950's, an Air Force White Alice Radar Tracking Station was constructed in Chiniak 49 Kodiakisiand BOROU Compnhenalve plan Upd ate entually be at risk. nup of a local scrap metal pile. Chapter Eleven "II Local Comm nilies Population and Housing Fifty people reported living in Chiniak at the time of the 2000 U. S. Census. The majority of residents were white, and only one resident identified as American Indian or Alaskan Native. The 2005 population estimate was 52 people, consisting of 4% Alaska Native or part Native. Discussions with local residents place the population of the Chiniak area is approximately 120 people. The 2000 U.S. Census showed a total of 32 housing units in Chiniak, eight of which were vacant. Six of those homes were vacant due to seasonal use. Eighteen of the 24 occupied residential structures (75 %) were owner - occupied. Discussions with local residents reveal that there are 50 full -time residences in the Chiniak area. Chiniak's average household size of 2.08 persons was the lowest of all communities in the Borough. More than two- thirds (68 %) of the area's housing units were built between 1970 and 1999. The median home value of $115,000 was less than the Borough -wide median of $155,0005° In addition, the character of residency is changing. Second homes now comprise 20 to 25% of the residential structures in the community. Citizens of Kodiak, Anchorage and other communities buy, build or rent in Chiniak for weekend or seasonal getaways. Local Government "hiniak is an unincorporated community, with no local government structure. It is not an ANCSA ,mmunity, and there is no local tribal government or native corporation. Chiniak is subject to all rules and regulations of the KIB, including this Comprehensive Plan. The Borough worked with area residents to prepare the Chiniak Area Comprehensive Plan in 1987, and the Chiniak Comprehensive Plan Update in 2004. The 2004 planning process was put on hold at the outset of the Borough -wide comprehensive planning process. The Borough -wide process incorporates and expands on the 2004 community plan update process. Land Management and Use The 1987 Chiniak Comprehensive and Development Plan defines its planning area boundaries "the area between and including Thumb's Up Bay and the gates to the old tracking station, including Chiniak River; and from the shore inland to the Section line between Township 29 South and Township 30 South, Seward Meridian (including the Chiniak Subdivision of the Kodiak Island Borough). This area is approximately 2,688 acres or 4.2 square miles in size. " The 2004 update recommended expansion to include all the shoreline from Kalsin Hill to Sequel Point, and extending inland to include the watersheds of all rivers and streams that have outlets between those points as shown in the map on page 70. To ensure protection of the Chiniak area's water and scenic resources, residents recommend that the Borough regulate land in this larger area to achieve these goals. This is now the Chiniak area for planning purposes. C ha pt er E lev e n e7 Lo C onu u u ni ties Kodiaklsland BOROUGH H a Page 75 ... )anutrry. 2008 Figure 11.8 4 *, ! Pam 7f) lnoLL! 12 Ko 9 cl e iRk 2 Ibi n a t id t Chapter El(?ven Local Commoolties Chiniak includes approximately 450 privately -owned residences and a limited amount of community activities consistent with "rural commercial zoning" that exist: a bed and breakfast, restaurant, ranch, winery, gift shops, and home businesses. There are three public uses, the Chiniak School, the Chiniak Library and a local post office. The remainder of the community and its surrounding areas consist almost entirely of state and native lands 5 The following KIB zoning districts apply in Chiniak: 4 Conservation (C) 4 Public Use (PL) 4 Rural Residential 1 (RR1) 4 Rural Residential 2 (RR2) Future proposed land uses in Chiniak are shown on Figure 11.8 (page 70). They indicate the following: 4 Rural residential and uses on most properties south of the road. Properties directly south of the road would generally have a minimum lot size of 2 acres for any future development. 4 Properties south of the rural residential strip would have a 5 acre minimum lot size, with a Conservation land use designation. 4 Land along the water at Kalsin Bay, Thumbs Up Dock, Roslyn Beach, Silver Beach and Cape Chiniak is intended for recreational use. Several mixed use commercial /residential nodes would provide opportunities for small -scale commercial businesses. Only a portion of any mixed commercial /residential use area would be expected to be developed for commercial use (e.g., 40% or less). These areas would be intended for small local businesses to serve the Chiniak area and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. Large -scale businesses would be discouraged or prohibited through local zoning regulations. Economy The 2000 U. S. Census showed that 38 residents, or 84% of the Chiniak population, were employed. The median household income was $14,167, and 20% of residents were living below poverty level. The school, post office and local roadhouses are the primary year -round employers. Several residents commute to Kodiak for employment, while others work in construction, fishing, and other seasonal industries outside of the community. Other commercial ventures include bed and breakfast inns; guide service(s) for hunting, fishing, and recreational activities; a winery and gift shop; and neighborhood commercial services. The Kodiak Launch Complex (KLC) is located approximately 20 road miles from Chiniak, at Narrow Cape. The continued use and potential growth of this facility will have economic and land use impacts, among others, on Chiniak and other neighboring communities. Chapter Eleven 6. Local Camnuuiitire, Kodiakisland BOROUGH Comprehensive Plan Update Page 77 IA Jonuai 2003 Page January, 2008 Transportation and Public Facilities Approximately 60% of homes in Chiniak have individual wells, septic systems, and indoor plumbing. The remainder draw treated water from the Chiniak School, transporting it to their homes in personal containers. Refuse is removed to the Borough landfill in Kodiak. The Chiniak School and library are the primary venues for all community events. The school was but in 1984 and contains two regular classrooms, a library/classroom, a half -size gym, a small multi - purpose room, a kitchen, and restrooms with showers. It had an enrollment of 12 kindergarten through 10th grade students in 2004 -05. Students in the 11th and 12th grades travel by bus each day to Kodiak High School. The library also serves as the area's emergency shelter in the event of a tsunami. Continued maintenance and use of the tsunami shelter is important to the community. Expansion of the shelter is under consideration. Electrical service is provided by the Kodiak Electric Association (KEA). Local telephone service is currently provided by ACS of the Northland, and long- distance service by AT &T Alascom. Internet access is available from ACS Internet, but limited to dial -up service. The fiber optic cable line being constructed from the Kenai Peninsula to Kodiak could, if extended to Chiniak, create opportunities for telecommuting and lead to an increase in full -time residents. The Alaska Department of Transportation and Public Facilities has begun paving the Chiniak Highway system. A small dock is available to local boat owners in Thumb's Up Bay. An old gravel airstrip at Cape Chiniak may be used for emergency landings. There is an issue with erosion along the road through Chiniak near the road's end. The Borough has provided for an alternate route, should it be needed in the future. Until then, the ADT &PF will continue to modify the alignment of the road, as needed to move it farther away from the coastline and erosion area. There is no health clinic or Village Public Safety Officer in Chiniak. The nearest healthcare or police protection services are located in Kodiak. Chiniak lies within the boundaries of Kodiak EMS Region 2G. Emergency Services personnel have limited highway, coastal and helicopter access to the community 5 Parks and Recreation A wide variety of recreational activities are available in Chiniak. Large numbers of non - residents fish Chiniak Creek, ride ATVs on Roslyn Beach and hunt throughout the area. There are several trails in the area, including the following trails identified by the KIB Parks Advisory Committee: West Fork (Trail 28); Chiniak Lake /Cape Chiniak (Trail 29); Hidden Lakes (Trail 30); and Cape Greville /Sacramento River (Trail 31)5 Environmental Quality Topography in the Chiniak area ranges from the nearly level tidelands to steep and somewhat inaccessible hillsides. The area is underlain by marine sedimentary bedrock that was deposited many millions of years ago during the Tertiary period. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven Local Communities Total annual rainfall in the Chiniak area averages between 70 and 100 inches per year, and is fairly evenly distributed throughout the year. Several perennial streams drain the area, including Myrtle Creek, Roslyn Creek, and the east and west forks of Twin Creek. Data regarding the quality of water in some of these streams is on file with the Alaska Department of Health and Social Services. The largest lake is Chiniak Lake, with a surface area of about 100 acres. However, a washout of the spit in the early 1980's allowed the lake to spill over into Chiniak Lagoon. Sawmill Lake, also known as Pony Lake, is a former lagoon that has been closed off by a beach barrier and roadway construction. An unnamed beaver pond with a surface area of about five acres is located approximately one quarter mile south of Sawmill Lake. There also are a number of small beaver ponds on some of the streams and several small glacial lakes at higher elevations. The Chiniak area, like much of the northeast end of Kodiak Island, is covered with dense forests of mature Sitka Spruce with underlying blueberry, devil's club and salmonberry. Grassland meadows are abundant below the cottonwoods, alders, and willows. Fireweed and ferns are also plentiful. Lynne grass is the dominant vegetation along the beaches and in the river deltas. Eelgrass may also be found in some delta areas. The U.S. Fish and Wildlife Service identifies a number of wetlands in the Chiniak area. Most of these are located in remote inland areas, but several Palustrine wetlands are identified in the ;veloped part of the community along the Chiniak Highway. Chiniak, like the rest of Kodiak Island, has an abundance of marine and terrestrial wildlife. Sportfishing and hunting are major activities among both residents and visitors to the area. Popular anadramous fish species found in Chiniak streams include the coho or silver salmon, churn (dog salmon), and pink salmon. These fish can be found in Rosyln Creek, West Fork Twin Creek, East Fork Twin Creek, and the Chiniak Rivers' Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: High Priority Issues + Restriction on ATVs and appropriate areas for their use. + Desire to maintain low density, residential zoning. Preserve existing wetlands, recreation areas. + Desire for large minimum lot sizes for the community and avoid clustering or zero -lot -line development. Chapter Eleven .- Local Comm nitie' Kodiakisland B OROUGH Comprehenetve plan Update P,igc 79 ., Janu■uy, 2008 Pam 80 January, 2008 + Need for a buffer between residential and conflicting uses, such as logging. + Potential impacts of future development of State and Leisnoi and on local roads. + Importance of the school as an essential community asset. + Continue to view Chiniak as a distinct entity, even while unincorporated. Continue Borough communication with the community. + Need for structured recreation facilities at Roslyn Beach, Twin Creeks, Myrtle Creek, Cape Chiniak, Olds River, and other heavily -used areas. Medium and Lower Priority Issues + Questions about the future development of Borough -owned land on east end of community. + Chiniak School is close to the minimum number of students needed to retain funding and remain open. + If Leisnoi Idnds are developed, designate space for commercial, public facilities, recreation, and other needed uses to create a fully functional neighborhood. + Appropriateness of types of uses allowed under certain zoning designations (e.g., do not allow gravel extraction on conservation land, allow lodges on rural commercial land). + Concems about the recreational use of Leisnoi lands. + Need for bike /pedestrian amenities in the Chiniak Road corridor and throughout the Borough. + Need for recreational boat harbor and /or other boating facilities. + Desire for recycling opportunities. + Future hydroelectric potential. + Reconsideration of plans for expanding the tsunami center. + Protection of watersheds and surface waters for a potential public water system. + Noise impacts /conflicts between adjacent land uses. + Historical or archaeological resources (including native and WWII artifacts). + Need for designated emergency helicopter landing space in Chiniak. Kodiakiseand BOROUGH Comprehensive Plan Update Chapter Eleven IA Local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above. Land Use Goal: Land use in Chiniak is consistent with community desires. Policies A Regulate land uses to balance the rights of private property owners with community values and objectives. A Ensure that and use and development decisions consider subsistence resources and activities. A Resolve questions about the future development of Borough -owned land on east end of community. A Identify potential changes, impacts to the community over next 20 years. iplementation Actions If Leisnoi lands are developed, designate space for commercial, public facilities, recreation, and other needed uses to create a fully - functional neighborhood. * Maintain residential zoning, low density on the east end of the Borough. Preserve existing wetlands, recreation areas. * Establish minimum lot sizes for the community and avoid clustering or zero -lot -line development. * Create a buffer between residential and logging use. • Focus commercial zoning near designated recreation lands. * Consider new types of commercial zoning. * Revisit the types of uses allowed under certain zoning designations (e.g., do not allow gravel extraction on conservation land; do not allow the siting of a landfill in Chiniak; allow lodges on rural commercial land). * Inform residents about "SuperDARN " and any potential environmental impacts. Chapter Eleven e5 Local Cornmuntties Kodiakisland BOROUGH Comprehensive Plan Update Page EI . )nnuary, 200E rope B2 January, 200h Parks and Recreation Goal: Maintain and /or improve access to public recreational lands, including via Native corporation or other private lands, where possible. Policy ♦ Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Implementation Actions * Create recreation facilities at Roslyn Beach, Twin Creeks, Myrtle Creek, Cape Chiniak, Olds River, and other heavily -used areas. * Address sanitary concerns around the recreational use of Leisnoi lands. Goal: Improve and increase recreational opportunities. Implementation Actions * Designate recreational areas and trails where ATV use is permitted and areas where ATV use is restricted or prohibited. Transportation Implementation Actions * Address road impacts from future development of State and Leisnoi land. * Add bike /pedestrian amenities within the Chiniak Road corridor and throughout the Borough. Environmental Quality Goal: Protect the watershed. Goal: Improve environmental quality. Implementation Actions * Identify specific areas where ATV use is allowed and enforce restrictions against ATV use in areas where it is permitted. Public Facilities Goal: Improve public safety and access. Policies A Improve fire protection services. • Improve access to communications services (phone, cable TV, etc.). • Improve road access and conditions. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven Local Communities implementation Actions * Address the need for recreational boat harbor and /or other boating facilities. * Pay for services by usage. * Site future solid waste landfills or other facilities in locations that minimize impacts on or conflicts with adjacent uses. Do not site a landfill in Chiniak. * Reconsider plans for expanding the tsunami center. * Provide law enforcement services, at least on weekends in the summer months. Goal: Maintain existing facilities and levels of service. Policies A Advocate for Chiniak School to remain open and develop a response plan in the event that the school is denied funding. Implementation Actions * Create a school closure response strategy, including methods of communication. Retain the school, as it is an important community asset. Local Government Policies A Continue to view Chiniak as a distinct entity, even while unincorporated. Continue Borough communication with the community. A Maintain and improve communication between the Borough and local governments, Native organizations, and community groups. Economy Goal: Retain residents and improve quality of life. Policies A Develop a comprehensive management framework to encourage economic development while protecting coastal resources. * Maintain important fish and wildlife habitat as a high priority. . Ensure that timber harvesting is conducted in a manner that minimizes adverse environmental impacts and conflicts with adjacent and uses. Chapter Eleven Local Communities Kodiakisiand BOROUGH Comprehensive Plan Update Page C3 ,; January, 2008 A Protect natural areas. Januar 2008 A Support KIB residents' use of local fish, game and plant resources to meet nutritional, traditional, cultural, and spiritual needs. • Encourage the management of timber harvesting in the watershed to minimize adverse impacts to water quality, community water supplies, and to fish habitat. Implementation Actions * Review and approve log transfer facilities for the movement of timber products from harvest areas in order to minimize the impact on fish and wildlife resources and other uses. * Work with private landowners by reviewing plans for timber harvests along the road system in populated areas and in designated recreation or public use areas in order to minimize potential adverse environmental impacts and conflicts. Other Goal: Maintain and promote sense of peace, quiet and relaxation. Policies ♦ Preserve cultural and historical resources throughout the Borough, including Alaskan Native and World War II sites. Implementation Actions * Develop a noise ordinance to reduce impacts from industrial lands. * Designate emergency helicopter landing space in Chiniak and coordinate emergency services. " Ire , ens Bay Kodiaklsland B R O p U G a H e ussian "Guba Babya e Womens Bay c munity was named for the Bay it overlooks. Also known as Bells Flat, this u incorporated commune ' .cated approximately 8 miles from Kodiak, just southwest of the U... Coast Guard station. Womens s a rural resideptiert ra ea with two flowing rivers dividing th area into the Russian River side and the . • Creek side. Th Koniag people are known to .. e lived in the general vice ' as evidenced by midden sit -s at different locations omens Bay, and they probably used th- , ea for hunting, fishing an berry and pl athering on a seasonal basis. The Russian explorer Saric explored and na ed Wo• - ns Bay (which is a direct English t Chapter Eleven ei Local Cornmunnies TITLE: Assembly Appointment to the Mission Lake Tide "Tidegate" Service Area Board. SUMMARY: O Per KIBC 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three (3) members appointed by the assembly. Mr. Al Burch submitted his application for the seat to expire 2009. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.D.1 .......‘ RECOMMENDED MOTION: Move to appoint Mr. Al Burch for a term to expire 2009 on the Mission Lake "Tidegate" Service Area Board. Name Marian Johnson P.O. Box 945 Kodiak, AK 99615 Norman Sutliff P.O. Box 3669 Kodiak, AK 99615 Vacant Revision date: 12/10/07 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone 2010 486 -5171 2008 486 -3688 2009 Staff: Woody Koning, Engineering and Facilities Director Work Phone 481 -2526 486 -9343 Email kearn @gci.net wkoning @kodiakak.us 1 of 2 Subject: Mission Lake Tide Gate From: "Nova Javier" <njavier @kodiakak.us> Date: Thu, 28 Feb 2008 14:05:55 -0900 To: <alaska @ptialaska.net> CC: "Rick Gifford" <rgifford @kodiakak.us> Hi AI, I received the email below. Please fill out the attached application and send it back to me or you can fill out an online application at http: / /www.kodiakak.us /forms.asp ?FID =72 Thank you, Nova Original Message From: norman sutliff [mailto:nsut @ptialaska.net] Sent: Thursday, February 28, 2008 1:14 PM To: Rick Gifford Subject: New Mission Lake Tide Gate Area board Dear Mr. Gifford, Al Burch has a. reed to serve 1 - a Of - - :. His mailing address is: PO Box 884, Kodiak His contact phone number is: 486 -3910 Sincerely, Norman Sutliff. Chairman is.r Board. Please make the appointment. Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "Alaska's Emerald Isle" 710 Mill Bay Road Kodiak, AK 99615 Phone: (907) 486 -9310 Fax: (907) 486 -9391 Email: njavier(6)kodiakak.us It is difficult, if not impossible, to inculcate in those who do not want to know, the curiosity to know; I think it is also impossible to kill this need in those who really want to know. -- T. V. Rajan, "The Aha! Factor ", The Scientist, March 21, 2002 2/28/2008 2:11 PM 1 of 2 BORO -H C► K'S JrF Print Page 1 Email Page How do I...? Assembly Meetings Bids /RFPs Borough Records Contact Us Comprehensive Plans E- Services Fee Schedule Property Information Road Maintenance (Search Ctti - Kodiak Island Borough School District - Kodiak Chamber of Commerce -City of Kodiak - State of Alaska -Legislative Report - Strategic Plan - 2008 - 2012 You are here: Home > Forms Board Application Form Please complete the online form below. Select the Board, Commission, or Committee applying for:* Name:" Sex:* Home Address:* Home Phone Number:* Mailing Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: 4606(tJ Person& Information Select One 1� OUR, c ( (k' Male 1 “' 44/) ,s©' ieM)/ 3 a x R y,S'6_ 3 9/ / %.6 H/ A Ai4,1' Residency Information 1 . 1 e - 4 , 1 + - r�Yes Education and Hobbies Organization Membership Information Are you currently serving on other Yes Boards, Commissions, or Committees ?* If yes, which: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 1 f'3 RCA e-- r Yes Home I News I Calendar I Contact Us Site Map C Female C No r /144' T /eVe— No r No 2/28/2008 2:11 PM SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Resignation of Assembly Member Jeffrey and Appointment of a New Assembly Representative on the Kodiak College Council. --��- Assembly member Jeffrey was employed by Kodiak College and she can no longer serve as an Assembly representative on the College Council. yhk4( .��✓ d )L*6er7c t )trec-A-f Wvta4c_eL te ITEM NO: 13D.2 RECOMMENDED MOTION: Move to accept the resignation of Assembly member Jeffrey as the Assembly Representative on the Kodiak College Council. Nova Javier From: susan jeffrey [susanjeffrey @gmail.com] Sent: Friday, March 07, 2008 6:04 AM To: Nova Javier Cc: Barbara Bolson; Sandra Chichenoff Subject: committee assignment Nova, Please forward the following letter to the Mayor: Dear Mayor Selby, Please accept my resignation as the Assembly representative on the Kodiak College Advisory Committee. As I am now an employee at Kodiak College, I cannot serve on the committee. It was a pleasure to serve on the college advisory committee and I appreciated the opportunity to represent the Assembly in this manner. Sincerely, Sue Jeffrey Kodiak Island Borough Assembly 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Assembly Appointment to the Citizens Board of Equalization. SUMMARY: ITEM NO:13.D.3 Cassandra Juenger currently serves on the BOE as an alternate. She requested that the Assembly appoint her to the regular seat vacated by Assembly member Stutes. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to appoint Cassandra Juenger to the vacant seat on the Board of Equalization for a term to expire December 31, 2008. Name KODIAK ISLAND BOROUGH oar d of Equafiza Cassandra Juenger, Chair 2010 486 -2221 486 -9325 cassandra123 @gci.net 3899 Harry Nielsen Kodiak, AK 99615 Karenia Hackett 2010 486 -6168 486 -8111 kareniah @kiha.org P.O. Box 3533 Kodiak, AK 99615 Tim Hurley 1148 Wolkoff Lane P.O. Box 864 Kodiak, AK 99615 Cheryl McNeil 2008 486 -8415 486 -3100 mcneilmom @yahoo.com 2147 Three Sisters P.O. Box 3235 Kodiak, AK 99615 Jim Nagan 2009 486 -3717 486 -3717 jnagan12 @gmail.com 1217 Rezanof Drive Kodiak, AK 99615 Vacant Staff: Tom Anderson, Assessor 486 -9350 Nova M. Javier, Borough Clerk 486 -9310 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Revision date: 2/27/2008 Revised by: mim Term Home Phone Work Phone Email 2009 486 -5584 486 -4433 thurley @alaska.com tnderson@kodiakak.us njavier @kodiakak.us Voter Id No. Verified By Applicant's residence Borou Date Appointed: Term Expires on:__ Comm ents: Jessica Basuel From: Sent: To: Subject: The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Board of Equalization Name:: Cassandra Juenger Maiden Name:: Copes Sex:: Female Home Address:: 3899 Harry Nielsen Ave Home Phone Number.:: 486 -2221 Business Address:: 710 Mill Bay Rd Business Phone Number:: 486-9325 Occupation:: Accountant Email Address:: cassandra123 @gci.net Length of Residency in Kodiak:: 3 Are you a registered voter:: Yes High School:: West Monroe High School College:: Uni of Louisiana, Monroe; Uni of Nevada, Reno Trade or Business School:: Hobbies:: Hiking; reading; spending time with my family Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which :: Borough Parks and Recreation Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Citizen Board of Eaualizaton Please list organization memberships and positions held:: KWRCC committee member for Programs and Policy boards. Attend Lighthouse Baptist Church where T teach a Sunday School class. Please List Areas of Special Interest: Please Enter Basic Resume information Below: Bach. and Master's in Business Administration; Worked in Accounting, Payroll, Tax preparation, and Finance since 1976. Employer's have been from public, private, and governmental sectors. Support @civicplus.com Wednesday, July 25, 2007 9:04 AM Nova Javier; Marylynn McFarland; Jessica Basuel Online Form Submittal: Board Application Form 1 JUL 2 5 2007 BOROUGH i E RK`5 the assessor or his assistant every facility and assistance for the purpose of such examination, evaluation, or assessment. B. Contents of assessment roll: The assessor shall prepare an annual assessment roll in duplicate upon which he shall enter the following particulars: 1. the names and last known addresses of all persons with property liable to assessment and taxation; 2. a description of all taxable property; and 3. the assessed value, quantity, or amount of said property. C. Notice, publication, AND correction of assessment roll: 1. the assessor shall give to every person named in the assessment roll a notice of assessment showing the assessed value of his property. On the back of each assessment notice shall be printed a brief summary of the information for the taxpayer; of the dates when the taxes are payable, delinquent and subject to interest and penalty; dates when the board will sit for equalization purposes; and any other particulars specified by the borough assembly. The assessment notice shall be directed to the person to whom it is to be given and shall be sufficiently given if it is mailed by first -class mail addressed to, or is delivered at, his address as last known by the assessor. If the address is not known to the assessor, the notice may be addressed to the person at the post office nearest to the place where the property is situated. The date on which the notice is mailed or delivered shall be deemed to be the date on which the notice is given for purposes of this chapter. 2. when valuation notices have been mailed, the assessor shall cause notice that the assessment rolls have been completed to be published in a newspaper of general circulation, published in the borough at least once each week for two (2) successive weeks. If no newspaper of general circulation is published in the borough, the assessor shall have the notice posted at two (2) public places for a period of two (2) weeks. The notice shall state when and where the equalization hearings will be held. 3. the assessor may correct an error or supply an omission in the assessment roll at any time before the sitting of the board of equalization. Every person receiving a notice of assessment shall advise the assessor of any error or omission in the assessment of his property. (Ord. 82 -33 -0 (part), 1982; Ord. 81 -47 -0, 1981; Ord. 71 -4 -0, 1971; prior code Ch. 3 subch. 1 ' 4A). 3.20.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. 2. Alternate members. The assembly shall appoint alternate members. The alternate members shall be named by the assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board by appellants. 3 -27 3.20.040 -- 3.20.050 (MB 06/07) Supp. #49 Architectural/Engineering Review Board Meeting 29 January 2008 — 7:00 pm MB Conference Room A. Call to Order The Chair called the meeting to order at 7:09 pm. B. Roll Call C. Approval of Agenda Minutes ARB Members present were Scott Arndt, Gregg Hacker, Jay Johnston and Brent Watkins. Absent Members were Jerrol Friend, Charlie Jerling and Reed Oswalt. Tony Yorba from Jansen Yorba Lott Inc. was present. Representing the School District was Bob Tucker. Representing the KIB Engineering and Facilities Department were Ken Smith and Sharon Lea Adinolfi. With the concurrence of the Board, Review of Peterson Elementary Seismic Upgrade was added to the Agenda. Motion was made and seconded to approve the Agenda as amended. There was a unanimous affirmative voice vote. D. Approval of Minutes [8 January 2008] Motion made by B. Watkins and seconded by J. Johnston to approve the Minutes of 8 January 2008. There was a unanimous affirmative voice vote. E. Continued Review Ouzinkie Gym Renovation and Seismic Upgrade T. Yorba said a cost estimate had not been completed for Ouzinkie He suggested holding to original Scope of Work and having additional work put out as alternate bids. He noted that if funds become available a new generator will need to be purchased. Tuck noted if the need was just for emergency backup, the old generator would work, but it could not run the fire pump so it becomes a safety issue. T. Yorba proceeded to review the Ouzinkie drawings. A100- showing location of existing foundation — should say existing subfloor plan. The fan room downstairs needs some work. A101 — reference plan — taken work in locker room and toilets and made them alt bids. A102 — demo around gym — showing all the interior equipment as remove, salvage and reinstall. J. Johnston questioned if the restroom fixtures were remove and salvage too. T. Yorba - it is remove and replace, but will take a look to see if there's anything of value to salvage. A102 - question regarding extent of demo due to dry rot and should T1 -11 be pulled off. Page 1 of 8 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008\ARB Minutes 080129.doc Tuck and S. Arndt note there is rot between Grids 3 -4. Tuck said the upper soffits in the gym need to be looked at. T. Yorba said that structural engineer feels the T1 -11 will be useful — maybe have the contractor allow for 30 sheets of plywood for rotten areas. S. Arndt said that was a good compromise, but wherever there is rot, it needs to come off. A103 - taking off stair at extreme right hand side of building — sprinkler system will go there. Al 04-removing roof — can go with PVC — may want to look at using a less expensive roof. S. Arndt asked if there were any advantages to using a metal roof. T. Yorba said he wasn't sure there would be any cost savings. He alerted the PVC can get slippery — could be dangerous if kids were on the roof. J. Johnston agreed suggested torch applied roofing as an option, noting it was cost effective, bullet proof, there is no slip hazard — a good granular surface. Tuck recommended the torch applied roofing. W. Koning asked if something could be done to reduce moss. T. Yorba will check. There was discussion re installing eye bolts on the overhang of the roof for threading cable through — safety for workers on the roof. A105 - shows where cleaning off trim on existing siding will take place. Surfaces will be properly prepared for the Hardiplank Areas of rot will be identified and will need to show parts of the apron beneath the floor below the ground for some structural work. W. Koning asked where the Hardiplank was going to be installed and if it were going to be painted. Tuck responded that it would be installed everywhere except on the new addition. T. Yorba said the Hardiplank comes primed with one finish coat and another coat will be added in the field. S. Arndt said that Hardiplank does not back prime and that should be requested. He also noted that every cut needs to be primed. T. Yorba agreed and said that specific directions will be given re priming/painting /storing and handling. Tuck asked if stainless nails would be specified. T. Yorba said yes, but that he preferred screws. Page 2 of 8 \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008 \ARB Minutes 080129.doc J. Johnston asked about the rain shield — what was going behind it. Tony - 301b building felt. J. Johnston asked - T1-11 on studs? Tony -yes — there will be additional nailing to strengthen the structural. A106 - shows demolition — all alternate bid. A108 — ditto. There may be some additional demo on plumbing wall and the ceiling over the corridor to the north — for the pipes. Al 09-demo on end of gym — that is where the wet wall is — existing TJIs have been left— unknown if they are rotten. JJ - questions plates at column. Tony to make note and will talk to the structural people about that. There may be some rot. A110 — shows interior removal of materials and cutting out end wall for access to storage room. A201 - overall renovation plan. A202 - suggestion re mechanical room. Could use a double door and stairs for access from the outside. Tuck/S. Arndt asked if it could be lowered to grade. T. Yorba to check with structural engineer to see if it would be significant [cost]. Discussion on placing water tank under gym and the sprinkler system placed in the mechanical room. T. Yorba refers to C201- renovation site plan. He said they were looking at having the new water line come in where the existing electrical is coming off the street. He noted there are layers of requirements for the systems. Direction has been given to have mechanical room at the opposite end of the building. That room will need to be increased in size. Need to have both food storage and gym storage. S. Arndt noted that the oil tank will need to be placed and that he did not like outside water tanks. T. Yorba said he was looking at what size tank would fit under the gym. S. Arndt reiterated that it makes sense to consolidate the sprinkler, etc to the left side of the school — noting the need for enlargement of the space and allowance for an outside entrance only — there is only one line running to the building. W. Koning suggested running the water line as it is shown and then run the pipe under the building so as to minimize excavation. S. Arndt said that excavation for the foundation has to be done on the right side. He also indicated that 6" pipe was too heavy to hang under the building. He noted that ease of maintenance is especially important in the villages. Page 3 of 8 \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2008\ARB Minutes 080129.doc Tuck reminded that the issue of a food storage room was of import to the community T. Yorba reminded that this is a DEED project and there are regulations on sq footage — also the scope has increased significantly. He said that in order to put this Project out to bid he will have to show DEED that it is an awardable bid - has to be able to show it is within the budget. Tuck and S. Arndt both said that a sprinkler system was not part of the funding in the original Bond. It was after that the State mandated the sprinlder system — that could provide a justifiable argument for allowance of more funding. T. Yorba said he would check on that. He also asked if there might be interest in a misting system. He said it was a high pressure system with stainless steel tubing and uses dive quality tanks — nitrogen. The system is tied together with stainless steel manifold. The heads are analogous to regular sprinlder head — very effective and can be cheaper. With this system there is no need for a fire pump or new water tank. B. Watkins questioned the cost savings and Tuck asked about certified inspections. T. Yorba said the inspections need to be done once a year and it has to be someone who knows the system. He will get cost and have his mechanical engineer take a look at it. Tuck reminded that the generator shed is existing space — it is being moved, but should not be considered additional space [from DEED's perspective] K. Smith said that additional space is being added, will have to be paid for and there are not additional monies at this time. S. Arndt said anything the KIB pays out of their pocket is reimbursed in two years. Tuck said he was not sure that was true. S. Arndt said he felt it did work that way if authorization was received for additional square footage. K. Smith said he was under the impression that the Borough would have to go out to bond for the difference. T. Yorba said he would speak to DEED and report back. J. Johnston asked T. Yorba his thoughts on consolidating systems into one location. T. Yorba said he would like to check with the mechanical and electrical engineers and also look at the cost. He said he would come back with a proposal to redesign the whole mechanical system to consolidate it on the gym side of the building — including space for the generator, sprinks, all mechanical equipment, allowing space for gym storage - access at grade with a concrete slab. A304 -shows elevation — maybe 5 -6 ft — not enough room under the gym. B. Watkins expressed concern about change orders due to possible rot. He suggested that enough money be allowed for enough T1 -11 to take care of the problem areas as they are discovered W. Koning suggested doing some destructive testing. Page 4 of 8 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \ARB Minutes 080129.doc T. Yorba said maybe the maintenance person could do that. A301 — elevation — matching existing siding. W. Koning indicated there should be no cedar. T. Yorba suggested AZEK. The Board agreed. B. Watkins asked about the manufactured corners and explained the factory joint. A302 - T. Yorba will check on mechanical joint with his structural engineer. A303 — S. Arndt questioned 5/8 underlayment. Tony — said they would be using a sheet gym floor and information is in the Specifications. A304 — T. Yorba noted there is going to be some site work necessary to bring the driveway around and some trees will have to be dropped. S. Arndt questioned the footing depth at the end of the new addition. He said the pilings look like they are all on the same grade and the ground drops away at that point. He also asked if money could be saved by reducing some of the fill in that area. He also said there is a need to do some test pits and that Ouzinkie has equipment that could be rented. He suggested a pit be dug at each corner and one in the center. W. Koning questioned the material that would be coming from the pits and State control. He said there may be a need to look into subsurface rights. A305- section through new food storage room. T. Yorba noted there was some space under there, but did not know if a tank would fit. He also said the roof had been lowered at that end, making a simpler connection to the building. A401 -02 — renovation to toilet rooms — original set of drawings showed what was requested by the community. That area has been dialed back [due to budget]. A500- offers standards for clearance. A501 — exterior details. Discussion re drainage. W. Koning questioned running a drain under the building to daylight. T. Yorba refers to C201 where several drains are shown - taken from the Cumin drawings. S. Arndt questioned fabric around drain. S. Arndt questioned detail on eve. T. Yorba said T1 -11 would be used to match existing — and adding air filtration. Page 5 of 8 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008\ARB Minutes 080129.doc S. Arndt — A801 — skirting — on new addition. T. Yorba noted that skirting will occur at the gym and the mechanical room and will match existing. T. Yorba said the site plan will change — he would be walking the area. S 100- layout plan. S 101 -shows the foundation and added shear walls. This allows elimination most of the cross bracing. K. Smith questioned drag struts. T. Yorba referred to S200 — there are existing beam lines that line up. There are a couple of places where there is some cross bracing, but most of the others — see S400 - bracing is on the outside of building. This allows for the work to be accomplished easier. S401 -shows tie rods and plates. S401- S. Arndt asked if these were based on existing piers. T. Yorba responded yes and said he would verify the size in Ouzinkie. S402 -shows typical shear wall. S501 shows various details. S5000- shows shear wall on Grid line C. This is not shown on architectural but T. Yorba to check when he is in Ouzinkie Mechanical Drawings — schedules. M002- schedules for the equipment. M101- all items shown here will be alternate bid work — plumbing for locker rooms and toilets. M102 — Ditto. M103 -and enlargement on M107 -shows an area where there should be an additional AHU. T. Yorba said without an additional AHU, may be exceeding air supply regulations and might not be compliant. He noted that it would be an additional cost, but not advisable to do something that is not to code. M 107- enlarged demo plan — T. Yorba noted that it was not in the scope to remove. S. Arndt said the City [of Ouzinkie] needs to be contacted about some of their equipment that needs to be removed. M401 -shows the duct reconfiguration below the floor — will tie into new AHU. Page 6 of 8 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \ARB Minutes 080129.doc M402 -shows a relief — T. Yorba said it was not a high dollar item. B. Watkins asked if the relief would have a hood. T. Yorba said it should have a hood. G. Hacker noted there may be problems with them parking on top of the intake. T. Yorba said there would be a hood on the intake also. Tuck suggested putting some big timbres in the area. M402 -shows 4 louvres. M501 — is the layout in the boiler room — this will change significantly. S. Arndt questioned stacks along the gym wall. He discussed requirements of the code — ht of stacks — indicated that 2 individual 8" pipes was a lot. T. Yorba said it would be better to put them outside. M502 -will change. S. Arndt asked if the whole school was glycol. Tuck — Yes. S. Arndt said he felt that it reduces heating efficiency, deteriorates and has to be changed out. T. Yorba to check with his mechanical engineer. He indicated he was concerned about pipes freezing and would talk to staff at the school. M503 - 504 generator. M504 — equipment diagrams. E001 - schedules. E002 — showed new electrical conduit — and new conduit from the transformer. S. Arndt said that was a lot of line and money could be saved by consolidating in mechanical room. E201 -new lights for the gym - fluorescent fixtures. T. Yorba said that other than power for the new mechanical room and the emergency generator, there was not much electrical work to be done. M302 - notes existing radiant panels in the kitchen — they are water heating panels. W. Koning said that plans need to be presented to the School Board. Page 7 of 8 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008\ARB Minutes 080129.doc T. Yorba said that everyone in Ouzinkie also needs to be kept on board. He said these drawings could be considered 65% and he would be calling his consultants to go through what had been discussed and try to get an order of magnitude for costs. He would get 80 -95% done as soon as possible. He also reminded that management of this job during construction and timing were going to be important. He said having someone on site would be valuable. Due to the lateness of the hour, and with the concurrence of the Board, the Chair recessed the meeting. The meeting to be reconvened on Thursday, 31 January 2008 at 7:00 pm. Recessed at 10:00 pm. Page 8 of 8 \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008 \ARB Minutes 080129.doc A. Call to Order The Meeting was called to order by the Chair at 7:10 pm. B. Roll Call Present were Scott Arndt, Gregg Hacker, Jay Johnston and Brent Watkins. Absent were Jerrol Friend, Charlie Jerling and Reed Oswalt. Representing the E/F Department were Ken Smith and Sharon Lea Adinolfi. Also present from Ouzinkie was Darren Muller. C. Approval of Agenda A Motion was made and seconded to add Update by Tony Yorba on his investigative trip to Ouzinkie and Review of Peterson Seismic Upgrade. There was a unanimous affirmative voice vote. Ouzinkie Update ArchitecturaUEngineering Review Board Regular Meeting Reconvened From 29 January 2008 — 7:00 p.m. to 31 January 2008 — 7:00 p.m. MB Conference Room T. Yorba noted that with changes recommended by the ARB and a change in the Code requiring a sprinkler system, there is about $430K increase to the Project - $130K for changes and increased square footage and an additional $300K for the now required sprinkler system. He said there could be a savings of approximately $110K by using the Misting System — and that there were advantages and disadvantages to both systems. He said he had not spoken to DEED yet regarding increased monies for additional square footage and the increased cost for the sprinkler system, which had not been a part of the original bond application, but it is a life safety issue and the proposed changes will result in a much better product. T. Yorba said that when he met with the Ouzinkie community they had reminded him they were interested in being able to host regional basketball tournaments. At the size planned, he did not think it would be acceptable — he will check with the sporting association. Darren Muller from Ouzinkie spoke to this issue. He first thanked the Board for his being able to participate in the meeting and said he appreciated the time and effort given this Project by the ARB. He said the school would like to be able to hold so called "regionals" in order to qualify to go to State tournaments. He said this gym project was a big part of the schooling for the children in Ouzinkie He added the design/floorplan seemed very workable. He said he knew there were questions on water pressure. He said that a new 240k gallon tank had recently been put in and there was better pressure information available. Regarding availability of rock, D. Muller said that was an issue on the Agenda for an upcoming City Council meeting. He spoke about silt from the boat harbor dredging being available — packs like concrete and could be available for the Project. He also noted that access around the school would be important for fire truck access, oil delivery trucks, etc. He gave the Board his phone numbers - 680 2209 or 680 1820. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008\ARB Minutes 080131.docx Page 1 of 6 S. Arndt said that the people of Ouzinkie needed to contact the Assembly [to lobby for additional funding] . T. Yorba said he had spoken with Tom Quick [of Ouzinkie] and Mr. Quick informed him that the existing KVA transformer next to the generator building is old and a weak link in the utility infrastructure. Mr. Quick recommended drawing power from the opposite side where the poles are and that the 300 KVA was oversized. T. Yorba brought this information to the Board's attention, noting his feeling was that this issue could open up a whole new can of worms. D. Muller suggested that issue was the City's responsibility. S. Arndt questioned Mr. Muller about moving existing equipment. D. Muller said that issue was also on the Agenda for the City Council's meeting — he felt they [the City] should deal with moving the City's existing equipment. T. Yorba said based on information coming from the ARB and his visit to Ouzinkie, he would put together an informational spreadsheet — get some better numbers and run some scenarios. Tuck questioned T1 -11. K. Smith said he had walked the exterior of the school and in the front some areas are questionable and in the back of the building there were some "wavy" areas, but in general it was fairly sound. T. Yorba said that wavy area would be better firred to the building before installing Hardiplank. He had recorded the nail pattern on the existing siding and will improve on that. He also said there were some old wood windows. S. Arndt said that if siding is going to be replaced, the windows should also be replaced. He said he realized that was a scope increase, but that it should be done. He said he felt the School District and the Assembly needed to be made aware of the funding issues. T. Yorba agreed - the fundamentals need to be taken care of. He said he will do some quick modifications to the drawings and have the engineers do the same. He will then get the changes to HMS for costing. D. Review of Library Wing Project T. Yorba reviewed drawings, noting that he, along with the mechanical and electrical engineers had again investigated the building and consolidated the improvements. A201 -203 — taking panels off and excavating down to the footings and building back up with concrete shear walls with panels matching panels on the east. Original windows are not available. May have to use a different window system, but will check to see if the existing windows can be removed and reused. Al202 -1203 — shows demolition on first floor - some of the library casework will have to be disassembled. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008 \ARB Minutes 080131.docx Page 2 of 6 1204 -5 — enlarged drawings. 1204 - shows extent of concrete slab removal on the outside wall about 8 ft — because of the slope of the cut on the inside see 5103 shows the depth of the footing. T. Yorba to review this area. 51205 - have to bite into those existing columns — engineer needs to weld studs to steel column. 1301 - elevation shows where the panels and windows will be removed. 1302 - demo section — there may be some disruption of spray on fireproofing. 1602 -1603 - will need a little demo of the ceiling just enough to get to the panels. 1801 - shows concrete demo around the concrete column and the extent of the demo of concrete slab around those windows. There are some odd electric fin pipes — Tuck thinks they are all hydronic — T. Yorba to check. 202 - shows where the concrete panels and the shear panels are going and pouring of the new concrete slab and fixing the walls around them. J. Johnston questioned the interior finish on the concrete panels. T. Yorba said they would be painted. 203 -205 shows enlargement of the exterior elevation - will match windows and door lines. B. Watkins, referring to 801, asked if the main slab is structural. T. Yorba to check if what is being done will affect the slab. He said -there will be dowels that tie the slab to the outside spandrel. He noted there was a bookload there and will check with the structural engineer to make sure the load is carried through. A801 shows space between old concrete and new concrete where panels will be fit in — flashing configuration — detail shows screw fasteners in the cavity which cannot be — T. Yorba to check that. Also shown is adjustable steel angle — screw fasteners tie into that - all concealed except at bottom. The panels will be adhered in the field — will make for a good seal. Upper floor details are same as lower floor. A804- details 1 and 3 — need to be redone. S001 - S. Arndt questioned the PSI of the concrete and recommended a higher number. T. Yorba to check with Brechan Enterprises. S100 shows elevation and height — elevations were shown in original drawings — depth is about 15'9" so that an 8' cut will not meet OSHA standards. T. Yorba will check options. \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2008\ARB Minutes 080131.docx Page 3 of 6 S. Arndt questioned tying into the piers — T. Yorba to check. S200 - second floor shows how welding studs to the steel to get sheer walls from concrete wall to steel. T. Yorba to check with engineer on details on S202. S300 - below roof plane - S301- showing shear wall between the roof beam and the floor beam. S302 shows structural section. T. Yorba said there was not much mechanical or electrical work to be done, but will check again to make sure everything is correct. He will also check slot diffusers and hydronic baseboard. J. Johnston suggested detail on A204, 38804 needed to be looked at and also the specs on the roof needed to be corrected. T. Yorba to check. J. Johnston questioned the grant amount. K. Smith said it was $465K. T. Yorba said there was not an estimate yet. He said there were some details to be modified and corrective work to be done — the Board could consider these at 85 -90 %. A Motion was made [as a formality] by G. Hacker and seconded by B. Watkins to approve the Library Seismic Upgrade Project at 65 %. There was a unanimous roll call vote. E. Review of Peterson Seismic Upgrade Plywood sheer walls in the classrooms will run north south and on the outside east west and be infilled where there used to be glass block. A303 - take out metal studs and EFIS rigid insulation to get at glass block and pour a concrete panel over existing masonry wall and then replace EFIS. A303 shows concrete wall over masonry wall and tying into some steel. S301 Section A — graphics will be changed. S. Arndt questioned available funds. K. Smith said application had been made and awaiting a response. He said it might be possible to get some interim money from the Assembly — adding that the Project needed to get out to bid. A1303 - part of the job will be to collect the shear on the roof. The roof assembly will be rolled back to add plywood and nailing. J. Johnston and S. Arndt questioned the blocking in this area. T. Yorba said that just a portion of the plywood would be taken off — want to add as little new material as possible. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008\ARB Minutes 080131.docx Page 4 of 6 J. Johnston suggested considering replacing the rubber instead of rolling back. He said the existing roof is at about 20 years and could start rotting. He said replacing the rubber would cost about $8K so it is not big ticket item and would make the job go smoother. T. Yorba and the Board agreed. T. Yorba said, regarding EFIS, it would be easier to take it all the way off. The Board concurred. T. Yorba said the shelf at the parapet on A1303 was begging for a place to leak. He said the flashing in that area would be replaced. Al202 - Interior work. In each classroom one wall is getting plywood on the shear wall — removing equipment on the wall and prepping so new plywood can go over existing sheetrock with new sheetrock on top and finished. Demo roof plan shows extent of the roof removal area — to be changed to reflect new membrane. It was noted that if a new membrane were to be put on there should also be a new parapet cap. A301 -302 - panels to be extended all the way up. The panels will not align with the joints in the EFIS. Discussion as to how to match finish The Board agreed to have an additive alternate for painting this area. T. Yorba noted that some of the ceiling will need to be disassembled to get plywood panel up. J. Johnston questioned the areas of EFIS. T. Yorba said that he thought the drafter drew it at a lower height on the elevations but will go out there and check parapet. If there is 4' left on top, the Board agreed to leave it. S001 — Standard General Notes. J. Johnston questioned reuse rather than replacement of plywood. TY — need to take the plywood off and need to have an enlarged detail of a typical roof. The mechanical and electrical sheets basically just note existing systems. F. Review of CHC Cost Savings The Board agreed to schedule a Special Meeting for Tuesday, 5 February to review this item and have C. Field of Prochaska & Associates attend telephonically. G. Discussion of Role of the ARB [to be postponed] Postponed. \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2008\ARB Minutes 080131.docx Page 5 of 6 II. Public Comments D. Muller asked about the timeframe for the Ouzinkie Project and offered his assistance. It was suggested that the Ouzinkie community work on applying for grant money, particularly for the sprinkler system and the generator. Also suggested was the community working with the Legislature. I. Board Comments The Board thanked Tony Yorba for his time. There were no further comments. J. Adjournment There being no further business to come before the meeting, a Motion was made and seconded to adjourn and there was a unanimous affirmative voice vote. The meeting was adjourned at 10:15 pm. Respectfully submitted: Se. e Sharon Lea Admol'i, Project Assistant KIB Engineering/Facilities Department Scott Arndt, Chair Architectural/Engineering Review Board \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2008\ARB Minutes 080131.docx Page 6 of 6 Date: Date: 3- S =.?Oc $` C. Approval of Agenda D. Review of CHC Cost Savings Deletion of sidewalk at driveway entrance. Minutes Architectural/Engineering Review Board Meetin 5 February 2008 — 5:30 pm KIB Conference Room A. Call to Order The Chair called the meeting to order at 5:33 pm. B. Roll Call Curt Field of Prochaska & Associates joined the meeting telephonically at 5:45 pm. \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2008\ARB Minutes 080205.doc Page 1 of 5 ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston and Brent Watkins. Absent Member was Reed Oswalt. Representing the School District was Bob Tucker. Representing the KIB Engineering and Facilities Depailment were Ken Smith and Sharon Lea Adinolfi. Also present were Brenda Friend and Monte Hawver. It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. K. Smith told the Board that options for cost savings had been received from two of the bidders and the architects. The options were discussed in a teleconference with the architect. He noted that some changes had been agreed to by those participating in the conference — Don Rush, Jimmy Ng, Stan Thompson, Brenda Friend and Ken Smith. A spreadsheet of the options provided by Jay -Brant, Brechan and Prochaska and comments made during the telecom are part of the informational package for this meeting. Before drawings are done, based on the changes, would like the ARB to review and discuss. B. Friend noted that it had been difficult to make a decision where there was no cost associated with some of the proposed cost savings options. She also reiterated her desire for open windows. He began with possible changes based on discussions with Stan Thompson [see C. Field's email of 1/29/08 attached]. B. Watkins noted that part of the P &Z decision involving this area was that non - vehicular traffic would be promoted. Deleting a sidewalk did not seem to coincide. B. Friend said that particular corner is dangerous and she was not sure foot traffic should be encouraged. C. Jerling agreed that it was a dangerous corner, but felt the sidewalk would be protective. He also felt it was aesthetically appropriate to keep in the plan The Chair asked for concurrence of the Board - 4 -2 in favor of leaving the sidewalk in. C. Field's next item dealt with the removal and replacement of the two light fixtures closest to the addition — Stan Thompson had pointed out they were the overheads on wood poles and they were all intended to match. C. Field said they would match. Additional parking lot light fixture. Prochaska's light consultant said that additional light coverage was not needed. The Board agreed. Signage. C. Field said this item was tabled at the moment — but a new sign would have similar colors and would be sized to fit. He noted that the sign would need to go through approval channels and there might also be a right of way issue. The Chair suggested stubbing out from the street light to the sign position and leaving remove and replace of sign in the plans. Repaving of parking lot west of loading dock. Stan Thompson advocated for an overlay in that area that would drain to the west. C. Field said this would be costly. The consensus of the Board was to not add dollars to the Project — the parking lot is the responsibility of the Borough. C. Field said there would be some additional design charges for that work. The Chair suggested putting it into the bid package as an additive alternate. Change regarding stall size and sloping. Consensus of the Board was to accept the changes recommended by the Civil Engineer. Discussion - Jay - Brant's proposed cost savings list Delete Segmental Concrete Retaining Walls — C. Field to work with K. Smith on this. Water and sewer lines — C. Field said the depths will change when the wall changes — this issue is moot now because everything has been revised. He noted that the sanitary lines would be without bends, a manhole has been eliminated but need to replace with ductile iron. Deck issue — use 5/8" fire coat sheetrock. Board concurred. Delete art glass - Board agreed. Delete ceramic tile in restrooms and replace w /FRP. Board consensus was to stay with ceramic tile. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \ARB Minutes 080205.doc Page 2 of 5 Lower cost tile in restroom floors. Board concurred. J. Friend, G. Hacker and K. Smith all agreed that since the CHC had enough money to accomplish the Project it was not in its best interests to nickel and dime things to the point that long time durability of finishes, for example, was sacrificed. Provide lower cost carpet tiles in training room. B. Friend noted that the CHC does not call for carpet tiles — the training room is in the Hospital. J. Friend said that if lower cost carpet tile was used [in the Hospital] the same glue, etc. should be used as what exists for stocking efficiency. Delete vinyl wall covering in training room — Yes - ok to go with painting. B. Friend said she would like to know the actual cost savings before making a decision on deleting vinyl in the CHC. Rubber waste cans — No. No to Timely style knockdown door frames. Board in agreement with partition wall arrangement in training room. Delete requirement for AISC Cert. — Board agreed. Reconsider R11 requirement — Board agreed. Delete requirement for snow jax. J. Johnston suggested if the structure were strong enough, a high density foam could be used if the snow jax were not going to be replaced. C. Field requested information on the high density foam — J. Johnston to supply. Roofing standard seismic joint covers — it was agreed to leave it as designed. Discussion — Brechan's proposed cost savings list C. Field indicated that most items on this list had already been addressed. Siding. Consensus was to stay with matching the existing siding. \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2008 \ARB Minutes 080205.doc Page 3 of 5 Discussion - Prochaska's proposed cost savings list Keep sensor/hands -free plumbing fixtures. Eliminate cable trays. Change dome lights to manual lever system. Eliminate recessed can lights. Phone speaker paging — No. Use overhead paging system to remain compatible with Hospital system. Leave in windows w /vents. Vinyl wall to paint using accent color acceptable to B. Friend. Other items to be worked out w /B. Friend include art glass and soffit in lobby. Other items discussed between C. Field and S. Thompson included: cubicle curtains supplied by owner some hydronic pumps to be deleted cameras by owner Discussion regarding amount of liquidated damages — Board recommended $250 /day. Consensus of the Board regarding completion date — need to select a date that is realistic and have it in the RFQ. C. Field asked about dimmable switches — Board agreed to not use dimmable switches but to install more regular switches so that different lighting needs would still be available. C. Field that there were 3 items deleted [in discussion with S. Thompson]. emergency potable water expansion bellows variable frequency. drive K. Smith said he had reviewed these w/ S. Thompson. C. Field said that he anticipated going out to bid on the 25th of February. The biggest issue would be putting together "clean documents ". S. Arndt thanked C. Field for his time and participation. The telecom ended at 7:20 pm. \ \dove\Departments\EF \Architectural Review Board\ARB Minutes 2008\ARB Minutes 080205.doc Page 4 of 5 E. Approval of Ouzinkie Drawings A Motion was made by J. Johnston and seconded by G. Hacker to approve 65% drawings for Ouzinkie Seismic Upgrade and Renovation. There was a unanimous affirmative roll call vote. F. Public Comments B. Friend, in response to a question from G. Hacker regarding monies available for the Project, said the CHC already has approval for funding above and beyond the cost of the Project. She also told the Board that since Dr. Halter left the CHC has taken on many new patients. There is only one fulltime doctor and one part time doctor. She said that just in the last month she has had 5 site visits by potential physicians and the congested situation is not inviting. She encouraged moving the project forward. K. Smith said that he hoped there were enough savings to be made to keep the parking lot site in the Project as the Assembly had made it clear there will no further funds forthcoming beyond the $750K. G. Board Comments None. H. Adjournment There being no further business to come before the meeting, a motion was made by J. Friend and seconded by B. Watkins to adjourn and there was a unanimous affirmative voice vote. The meeting was adjourned at 7:32 pm. ly submitted: Sharon Lea A.in. 'i, 'roject Assistant KIB Engineering/Facilities Department Scott Arndt, Chair Architectural/Engineering Review Board \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \ARB Minutes 080205.doc Page 5 of 5 Date:J/0,g Date: 3 - 1. Call to Order The meeting was convened by the Chair at 7:38 pm. 2. Roll Call Members present were Mike Dolph, Jim Pickett and Greg Spalinger. Mary J. Barber, E/F Department, was recording secretary. 3. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. 4. Approval of Previous Minutes It was moved, G. Spalinger and seconded to approve the meeting minutes of December 18, 2007 as presented. Motion carried. 5. Acknowledgement of Financial Report It was moved, G. Spalinger and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. 5. Visitor Comment None. 6. Staff Reports A. Chief' s Report M. Dolph reported Chief Himes is in Juneau (weather permitting) for the LEPC quarterly meeting. He said Chief Himes wanted him to pass on to the Board that there is a $3000 credit with Pierce for not sending up a trainer to train staff on the Apparatus. In talking with the folks with Pierce, they said all the trainer is going to do is come up to Kodiak and pop in a DVD and show a video. Board already has all the videos so it was decided not to have the trainer come to Kodiak. None. B. Borough Staff Report Minutes Fire Protection Area No. 1 Regular Meeting 15 January 2008 — 7:30 pm Bayside Fire Station C. Chair Report M. Dolph wanted to let the Board know that the majority of the report is conversations that he had with N: \EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 \Minutes 15 January 08.doc Page 1 of 6 K. Smith, W. Koning and the KIB Manager with relation to the aspects of the project and how we can possibly save money. He said if the Board has read the report already fine, if not the points will be brought up in the old business portion of the meeting. He informed the Board that Chief Himes was promoted from Acting Chief to Chief as of January 1, 2008. Congratulations Chief Himes! D. "Open Meetings Act" & "Parliamentary Procedure" M. Dolph turned the floor over to N. Javier, Borough Clerk to give presentation. He said he typically tries to have this presentation at the beginning of the year or right after new members come on the Board as a reminder of details the Board needs to consider with the open meetings act and parliamentary procedures and the way Boards operate. N. Javier began with a review of the service area boards KIBC Chapter 4. KIBC 4.20 - Boards Authority and Duties: March 31 — Adopt a service area work program. Adopt a service area operating and capital budget Participate in the administration of services Hold a public hearing before adopting work program (publication required- advertise 2 consecutive weeks prior) KIBC 4.15.040 — Vacancies Notify Clerk Clerk will advertise /provide application Application forwarded to Board Board will submit nomination Assembly will appoint KIBC 4.15.060 — Officers Annually select Chair, Vice - Chair, and Secretary Chair as presiding officer Chair represents the board as directed by its membership Vice -Chair act as Chair in absence of Chair Secretary keeps minutes (FPA #1 and SA #1 staff member assigned by manager.) KIBC 4.15.070 — Meetings /Quorum Hold meeting once a quarter or more frequently • Suggestion: schedule meetings for the calendar year Chair or 3 board members may call special meeting • Call your staff or the clerk for advertising Actions shall be by vote of a majority Submit minutes to Clerk/Public Record KIBC 4.15.080 — Rules of Procedure By resolution, adopt your own Title 4 N:\ERService Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 \Minutes 15 January 08.doc Page 2 of 6 Roberts Rules of Order Excluded from Title 2 - 2.39.010 Board of equalization and service area advisory boards. M. Dolph asked if the Board chooses not to or doesn't get around to adopting their own rules and policies it automatically defaults to Robert's Rules? N. Javier answered yes, or your meetings. Sometimes you may want to set something up, for instance set a rule that the Board's agenda and/or will be available a week prior to the meeting. Also, who is responsible for setting the Board's agenda? At this time there's a lot of authority and power to the Service Area Chairs because they can set the Agenda without input from Staff or other Board members. The Assembly agenda's are set by the Manager, Clerk, Mayor and Deputy Residing Officer. "Open Meetings Act in Alaska" AS 44.62.310 — Open Meetings Act All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided. What is a Meeting: A meeting is any gathering where either a majority or 4 or more members of the body (whichever is less) are present and the members collectively consider any matter upon which the body is empowered to act. Telephone Polls or Serial Meeting Meeting within a Meeting A Social Gathering (A purely social gathering is not covered), but if any public business is discussed collectively by a majority it is no longer a social gathering. Notice Requirements: Reasonable notice is always required. Notice must be public and timely, date, time, place and purpose of meeting. "Parliamentary Procedures" This is a set of rules for conducting business at meetings and public gatherings. A fixed agenda is needed. The Board needs to know the different motions and how to handle a motion: Main motion, Subsidiary motion, Privileged motion and Incidental motion. You can also bring back a motion. M. Dolph thanked N. Javier for the presentation. M. Dolph also wanted to bring up an email from N. Javier responding to Robert Mathis, whom he believed is a Women's Bay Fire Dept. volunteer, regarding retention of volunteers and whether the KIB had considered adopting a code similar to that of the Kenai Peninsula Borough. N. Javier gave R. Mathis contact numbers for M. Dolph and J. Isadore (Women's Bay Service Area Chair). M. Dolph believed this issue had been brought up before. G. Spalinger recalled it being in a Chair's report or similar. M. Dolph will check with J. Isadore and/or Women's Bay folks to see if they are planning to pick up discussion on an issue like this and if so, possibly get both the Board's together and discuss it. Put it on their radar and hopefully discuss it at a later date. N:\EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 \Minutes 15 January 08.doc Page 3 of 6 7. Old Business a. Review of RIM Architectural Proposal M. Dolph asked K. Smith to discuss the RIM proposal from the Board's packet. K. Smith stated RIM is offering to change the scope of services and provide the new proposed service for approximately $199,000. RIM does not feel that the budget is adequate and therefore he does not want to go into a design contract knowing that the budget is inadequate and the design services budget is under - budgeted in the first place. The Board has a couple of things they need to discuss. One being the matter of the $11,000 invoice and it has been suggested to make an offer of a reduced amount. He also wanted to let the Board know that W. Koning spoke to the KIB Manager about what might be able to be done for additional funds to get this project done. R. Gifford said he would support a loan to the Board of additional funds for the construction project. K. Smith said he would leave it up to the Board to direct him as to which direction to go from here. He also wanted to let the Board know that they could terminate the agreement with RIM. The Board would have to do this prior to hiring another Architect. Jensen Yorba and Lott said they have the manpower to take on this project at this time. M. Dolph told K. Smith if the Board terminates the agreement with RIM there is still the issue with the outstanding invoice of $11,000. M. Dolph understands from K. Smith the Board could make a counteroffer. There was a considerable amount of preliminary work done by RIM and is a good baseline for someone else that we pull in to negotiate with. M. Dolph told the Board that some of the discussion with K. Smith last week was that if the Board could narrow the scope of work they may be able to reduce the cost. Most of the discussions have been included in the staff report. Possibly eliminate one of the bays. Discussion followed. G. Spalinger stated they have to keep the end bay and by eliminating one of the center bays doesn't cut the expense that much. The expense is in the mechanical and electrical, not the building. He felt the four bays should be built, put the shell up make the doors operable and park the vehicle inside if that's as far as they get. He isn't for borrowing money from the KIB. Pay RIM the $11K, say thanks, terminate the relationship and move on. M. Dolph said that some of the items eliminated by RIM's new proposal wouldn't allow for a certificate of occupancy. Another suggestion was to have a solid back wall, which again wouldn't reduce the cost by any substantial amount. G. Spalinger moved to pay RIM the $11,530.42 for work done to date, tell RIM thanks and terminate the Boards relationship with them. J. Pickett seconded. Discussion: G. Spalinger stated they needed to move forward, pay them and look elsewhere. J. Pickett would like to see the Board make RIM an offer on the invoice. G. Spalinger said that would only delay the process. RIM did a good job, and the sooner the Board takes care of the invoice the sooner they can move forward. Motion carried by a roll call vote. M. Dolph told K. Smith that the vote gives him the direction he needs to pay RIM's invoice. He asked K. Smith what the Board needs to do next to keep this project moving forward. K. Smith said he will contact Jensen Yorba & Lott. They will provide the Board with a proposal and then get the approval to move forward. He also stated most of the subcontractors will be the same. N:\EF\Service Districts \Fire Protection Area No. 1 Board\Minutes \Mtg Minutes 2008 \Minutes 15 January 08.doc Page 4 of 6 C. Law asked if General Steel offered to provide a turnkey building. Seems if they can provide everything the Board wants for less than $1M they should go with them. M. Dolph said they had discussion about this around a month or so ago between K. Smith, W. Koning, D. Mathers and himself. General Steel would charge roughly $800K which included $289K for an engineered building. "The + $800K included the cost of the engineered building, and was proposed to be the total project cost." The information is vague on the details as far as the mechanical or electrical part of it. C. Law said that the Board should talk to General Steel, let them know they're interested, tell them what they want and move forward. G. Spalinger stated the Board can't sole source this project. At this amount of money it has to go out to bid. There are a couple of different companies that would probably bid on it. M. Dolph asked K. Smith if the Board procedurally according to KIB Code are they forced to negotiate with the next bidder or could they drop everything and go out from scratch without the Architectural aspect of the building. K. Smith said the Board has to have a design professional of record that assembles the entire project. An architect puts there stamp on the package. The code normally requires commercial buildings of 5000 or 6000 sq. ft. to have an Architect. M. Dolph understood from K. Smith that the Board's next step is they need to go to Jensen, Yorba & Lott. He's worried if Jensen, Yorba & Lott come back and say they can't design something within their budget, where does the Board go from there. K. Smith said that they would need to look for more money or look for another Architect, but after they've gone through two of them they obviously don't have enough money. G. Spalinger said he would be interested in hearing what Jensen Yorba & Lott have to say. M. Dolph gave direction to K. Smith to talk to Jensen Yorba & Lott, give them what the Board has and see if they can go forward. M. Dolph asked M. Barber to search out RIM invoice and get it paid. 8. New Business a. "P.E.R.T." Planning Chart for Building Addition — 2008 M. Dolph wanted to share with the Board the PERT planning chart. He said at the last meeting C. Davidson asked how the Board gets to the end of the road with the building addition. A fairly simple process is called PERT. It' s been around for a very long time. Basically, it's a horizontal timeline that gives a start date & end date and then benchmark dates that are realistic and achievable. It would be a good tool to keep track of where the Board is and where the Board wants to be. K. Smith told the Board that would be something the Architect does. M. Dolph would like to get Jensen Yorba & Lott engaged in order to have that 95% completion so that possibly by June the Board could go out to bid for the construction part of the project. He asked K. Smith N:\EF\Service Districts \Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008\Minutes 15 January 08.doc Page 5 of 6 if that' s a realistic date. K. Smith said it was definitely reasonable. Discussion continued about what would go out to bid. M. Dolph asked K. Smith to go forward with Jensen Yorba & Lott. K. Smith asked when the Board' s next meeting would be. M. Dolph would call a special meeting or work session if the Architect came into town and would like to meet with the Board. Otherwise, the Boards next scheduled meeting is February 19, 2008. K. Smith said he would have Jensen Yorba & Lott put a proposal together. He also said that the Board needed to get a release from RIM to use the draft that they put together. 9. Visitor Comments None. 10. Board Comments M. Dolph said he just hopes the can keep it moving forward. 11. Meeting Schedule The next regularly scheduled meeting is set for 19 February 2008, 7:30 at Bayside Fire Hall. 12. Adjournment There being no further business the meeting was adjourned at 9:10 pm. Respectfully submitted: Mary J. Barb KIB Enginee ort Staff ities Dept. Mike Dolph, Chair Fire Protection Area #1 Date: /4' - Fe�3 -20 8 N:\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes\Mtg Minutes 2008 \Minutes 15 January 08.doc Page 6 of 6 Board Members Present Not Present Excused DAVIDSON, Cliff ✓ ✓ DOLPH, Mike V NELSON, Rebecca ✓ PICKETT, Jim ✓ SPALINGER, Greg ✓ Fire Protection Area 1 Board Special Meeting Minutes February 4, 2008 I. Call to order Chair Dolph called to order the Special Meeting of the FPA #1 at 7:34 p.m. on February 4, 2008 at Bayside Fire Hall. II. Roll call M. Barber conducted a roll call. The following persons were present: Mary Barber, Secretary, D. Agmata, D. Carstens, A. DeVries, M. Donovan, C. Glagolich, P. Grable, D. Herman, N. Hill, Chief Himes, D. Mathers, J. Monge, K. Papineau, D. Payelle, C. Law, C. Mackey and J. Stevens, volunteer firemen. III. Approval of Agenda It was MOVED, R. Nelson and seconded to approve the meeting agenda. Motion CARRIED. IV. Visitor Comments None V. New Business a) Fee Proposal and Scope of Work from Jensen Yorba Lott, Inc for Bayside Fire Station Five Bay Addition — Action Item It was MOVED, R. Nelson to accept the $5000 budget for the project and seconded. Discussion: M. Dolph started the discussion with the report from Jensen Yorba Lott, Inc. He said that Tony Yorba is energized about the project and is confident that he and the company can make it happen. Pretty specific items on the report. T. Yorba believes they can be into the building by November 1, 2008. The initial plan called for pre - engineered structure with insulated wall panels. What T. Yorba's report states is that construction of this type costs around $150 to $200 per square foot and the Board would not have a large enough budget to go with that type of a building. T. Yorba suggest possibly changing to a conventional metal building construction with metal siding, batt insulation and vapor barrier rather than the insulated panels. There are a lot of options that the Board could discuss at a later date. It's still too early for that. The motion on the floor is to start on a short schematic design and T. Yorba is suggesting a $5000 budget for this work. Their percentage for total project would be 5 to 7 percent. On a $1M dollar project would equate to $50 to $70K which is not out of line. J. Pickett said he liked the idea of moving in by November 1, 2008. M. Dolph said it will be a matter of a few weeks that Yorba will have some designs for the Board to look at. C Himes said when he gets done there could be other cost saving options the Board can look at. R. Nelson asked what the cost savings was for dropping a bay. She recalled there had been some conversation about a 30 percent savings by doing this. M. Dolph said a point that needs to be realized is that with this year's tax revenues we'll have approximately $1.1M in the budget, but we will spend about $25K of that to house engine 11 and other bills. M. Dolph called for a roll call vote. Motion carried. VI. Visitor Comments None. Adjournment Chair Dolph adjourned the meeting at 7:50 p.m. SUBMITTED BY: 4 Mary J. Bar KIB Engine APPROVED BY: `ecretary *' Facilities Department Mike Dolph, Chair Fire Protection Area No. 1 Board Date: 41� / ®� Date: / q web - 2,008 Committee Members Present: Jim Hamilton — Charter /Lodge Oliver Holm — ADFG Advisory Committee Hunter Berns — Salmon /Herring Net Vessels Jack Maker — City of Kodiak Position (Non Voting) Alexus Kwachka — Small Longline Vessels Duncan Fields — NPFMC Member (Non Voting) Jeff Stephan — Large Pot Vessels Norm Mullan — Small Pot Vessels Steve Branson - Crewmembers Chris Holland — Large Longline Vessels Matt Moir — NPFMC Advisory Board (Non Voting) Alan Austerman - Citizen at Large Dave Woodruff - Small Processors Mike Martin - NPFMC Advisory Board (Non Voting) Agenda Items: Kodiak Fisheries Advisory Committee Meeting February 15, 2008 Room 129, Kodiak College 9:13 AM to 11:38 PM February NPFMC Meeting • Sector Splits The effect of removing LLP's licenses from the Gulf of Alaska fisheries on Kodiak community was discussed. It was mentioned that everyone needs to familiarize themselves with the Gulf sector split and LLP document to be able to have a solid discussion. • BSAI Crab rationalization Linda Freed gave a brief report on the council meeting. Freed mentioned that the council is looking at Crab with three parallel processes. There is the three -year review program that will look at what the Crab Fishery looked like before the program was put into place and what it looks like after three years after. The third piece is analyzes of the 90/10 share split. Crab committee's next meeting is March 2 Freed also made a draft resolution for the council's consideration. • Rockfish pilot program Julie Bonney was not present to give a report. Kate McGauley reported that Julie Bonney did give a presentation in front of the SSC. 10am Presentation by Dr. Bob Foy, NOAA Fisheries Dr. Bob Foy gave a Power Point Presentation on Ocean Acidification. 1 June NPFMC Meeting in Kodiak (events planned ?) Julie was not present to give an update on the process of the event planning. Alexus Kwachaka volunteered to follow up on the event planning. The Kodiak Wild Refuge Center was suggested as a location to host the event. Letter re mgt of Jig fishery under proposed sector split options The letter explains the options available to the Jig fishery regarding the sector split. Committee Comments Jim Hamilton — Believes that it is very important for people to put a face and a name to LLP's to be able to tell who is being talked about in discussions. Alan Austerman — Expressed how important it is to be informed about LLP. He also added that hopefully everyone would be up to speed on LLP so that it'll be a focus of discussion next meeting. Hunter Berns — Thanked everyone for being present at the meeting and watching Dr. Bob's presentation. Alexus Kwachaka — Expressed his concerns on the removable of LLP issue. Alexus feels that SB1: 13 will have a huge impact on this community and is an issue that also needs to be discussed. Dave Woodruff — Apologized for missing the January meeting. He also announced that his son Michael would be taking his place. Jack Maker — Commended Linda on her efforts on the Crab committee. He would like to have more input on NPFMC's proposals. Duncan Fields — Realizes that the Crab Issue needs to be prioritized. The April and June NPFMC meetings will be heavily focused on the BSAI Crab Issues. Next Meeting: March 14th 9:00 — Noon 2 Meeting Started: 7:02p.m. Monashka Bay Road Service Area Regular Meeting @ Bayside Fire Station September 27, 2007 Roll Call: Present are: Dave Sundberg, Darlene Turner, Randy Spivey, Drew DeVries. Excused: Chaz Glocholich Minutes: Drew makes motion to approve August 9' 2007's minutes. Dave seconded motion. Motion approved unanimously. Public Comments: Jamie Godwin is putting up a new house on Island Circle and advised us of foundation work to be done in the next two weeks and then it will sit until Spring. She asked about any planned improvement to the cul-de -sac and if the tree there is to be removed. And she would like us to take a look at how a culvert would fit in her and Dayton's driveways. Patrick O'Donnell - wanted to know if the dumpster is always going to be placed where it is. And could some "no parking" signs be put up around there? And he needs to know if calling Darlene is more appropriate in times when roads need attention. Elizabeth O'Donnell - asked about the drainage across the street. And wants to know about our new contractor. Also, she stated that they plan on taking down their greenhouse to allow more drainage that way. Jeremy Counceller - can see their concern for drainage on Mt. View. He believes that water is running off his neighbor's driveway and missing their ditch. Also he agrees that the ditch on Mt. View really needs to be reworked. April Counceller - would prefer the grade of Mt. View to be toward the hill side and not sending the water across the road. And also, she believes a culvert isn't necessary on their drive because of the natural drainage in their backyard. It appears to be a real steep "head waters" to the creek that passes across Monashka. If some heavy rocks could be placed to help stop the eroding of the road between their house and the O'Donnell's, it would give the water an easier route. She pointed out that many people park in their driveway at the bottom when they can't get up the road. And there is an old well in the right -of -way that they are looking into tapping. Old Business: a. O'Donnell property fence on Mt. View Drive — the fence is in the road right -of -way and not permitted. It could interfere with snow removal and road work. Patty appreciated the invite to the meeting and stated that he has lived there for the last 10 years. He has 1 seen enough hazardous driving and was concerned for his children — especially during icy conditions. He doesn't believe that the snow ever piles up along the fence because they have a cul -de -sac on one side and a steep embankment on the other side. His wife, Elizabeth and "Patty," himself agreed that the fence is in the right -of -way and they would move it if need be. Also, they said if the contractors or anyone else were to damage their fence, they would not hold them liable. The Board showed desires to work with them. They offered to walk the land with them this week. The O'Donnells offered, but the Board does not believe that this agreement needs to be in writing. b. Road Improvements — Marmot issues are part of the five year plan to bring it up to code. Before the top and fill are to be done, ditch and culvert need desperate attention. As the Engineer agreed, we need to give the water somewhere to go. Two years ago the mil rate was raised to pay for this plan and to build a reserve. So far this summer, Monashka and Marmot have had some ditching and culverts put in and replaced due to previous damage. Also Davisons' driveway was re- banked with fill and heavy rock. Mud's sink hole on Marmot was filled and re- ditched. We plan to rework Marmot Rd and hopefully crown the upper part before winter. Three Sister's and Monashka Way got several signs put up. And to avoid the catastrophe from last winter, the Foy's on Devil's Prong will be getting a more adequate culvert installed. Also fill is planned for the top of Three Sister's and the bottom where it has been washed and scrapped away. Mt View is scheduled to be ditched tomorrow and drainage issues there still need to be addressed this year. c. Pond development - The committee of the Pond had the State take a look at it. After seeing it, they said that they can't do anything about it They recommended that we pull the trash out and drain it for some time. This is a huge deal in our Road Service District. If there are any more suggestions or avenues, we are open to them. New Business: a. Damage to Marmot Drive guard rail - Earlier this month someone collided with the end of the new guard rail on Marmot. This knocked loose six up -rights and tweaked two sections of the rail. We did find plastic pieces and chips of blue paint. So far we have no leads and are asking for further info. Including, how much it is going to cost to fix this? We have gotten compliments on being proactive when we put these end this year. b. Adding fill and crowning roads — Marmot is now below the bed rock and into the stumps. And the bottom of Three Sister's, as it stands, can't take another winter like the last one without raising it up. So, if funds and weather hold out, both shall be getting some fill and hopefully crowned. c. Mail box plowing and sanding — The MBRSD has agreed to help keep the snow clear and sand on state land where the mail boxes reside. Otherwise, MBRSD in not involved with the mail boxes whatsoever. The Board is being asked to redirect these questions to the Mail Box committee. 2 Board Comments: Randy Spivey asked about getting dust control product spread on the roads after they are crowned. He believes it to be non -toxic and knows of it being in town. Dave Sundberg wants to thank every for their attendance. And he doesn't plan on running for his seat in the upcoming elections. Also, he speaks hi ' hly of our contractor and says he is capable of doing excellent work. Drew DeVries appreciates everyone showing up. And wants to know what has happened with Ordinance No. 98 -06 and our dump's "green belt." Also he thinks that the coming Spring we should take steps in putting Marmot on the CIP list. He wants to thank Dave for his time and commitment. We will miss the talents and calm attitude that Dave has brought to the table. Darlene Turner wanted to thank everyone and welcomed Jamie to the neighborhood. This is the time where we are crunching to get thing done and buttoned up. As is, we can't handle the water damage we had last fiscal year. She warns to be careful of bears in the neighborhood. Adjournment: 8:05 p.m. 9. - 21--Vk .�. Darlene Turn Date Drew De ' ries President Monashka Bay Road Service Area Public Attendance Patrick O'Donnell Elizabeth O'Donnell Jeremy Counceller April Counceller Jamie Godwin 1353 Mtn. View Dr. 1353 Mtn. View Dr. 1418 Mtn. View Dr 1418 Mtn. View Dr 2088 Island Circle 6-2683 6 -2683 6 -0877 6 -0877 539 -1009 Secretary/ Treasurer -- 0/a6A 3 Date 3 ROLL CALL January 16, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS ON , JANUARY 008 REGULAR MEETING MINUTES 2008 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on January 16, 2008 in the Borough Assembly Chambers. Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Brent Watkins X Community Development Dept. Bill Kersch X Sheila Smith, Secretary Casey Janz X Community Development Dept. Gary Juenger X Vacant Vacant A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to amend the December 19, 2007 minutes to indicate COMMISSIONER JANZ was present. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. COMMISSIONER WATKINS MOVED TO APPROVE the amended December 19, 2007 minutes as. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case S08 -011. Request for preliminary approval, according to KIBC 16.40, of the subdivision of a portion of the west half of U.S. Survey 1736 within Sections 5 and 8, T27S, R22W, Seward Meridian creating Lots 1 -9, Block 1 and Lots 1 -3, Block 2, Memory Estates and dedicating a sixty (60) foot wide portion of right -of -way to accommodate Kizhuyak Drive. P & Z Commission Meeting Minutes Page 1 of 6 Cassidy reported the applicants came before the Commission for a rezone of the property from C- Conservation to RR2 (2 acres) which was approved by the Commission and the Assembly. The subdivision creates 12 lots at 2 acres and above. Staff recommends approval subject to 8 conditions of approval. Some are requests by utility companies, some due to the fact that the surveyor is from the Kenai Pen and uses their code, and some are code requirement 1. Net area is based on Borough code for 2 acres and cannot include the area below the MHW 2. Flag stem needs to be 30 feet wide and is that dimension and more until it branches off 3. The common flag stems also be designated a utility easement 4. Name that portion of the plat is now dedicated a ROW. 5. Add dimensions to the easement that traverses the property (Terror Lake Power Line) 6. Acquire DEC approval that the lots are capable to place septic systems 7. Plat language has to meet KIB code standards (not Kenai) 8. Standard note that talks about preventing the blockage of natural drainages COMMISSIONER JANZ MOVED grant preliminary approval for the subdivision of a portion of the west half of U.S. Survey 1736, creating Lots 1 -9, Block 1 and Lots 1 -3, Block 2, Memory Estates and dedicating a sixty (60) foot right -of -way to accommodate the existing Kizhuyak Drive, subject to the following conditions of approval, and adopting the findings contained in this staff report as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. The commission was in agreement that they went through it pretty thorough previously, and they brought it back in the format that the commission wanted to see to make it work. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITIONS OF APPROVAL 1. Lot 3, Block 2, needs to be at least 2 acres in area (net upland) with a lot width of 200 feet as determined by KIBC Title 16 method. Land subject to tidal action below mean high tide is not permitted for zoning lot area calculation. 2. The back to back flag stems on Lots 4 and 5, Block 1, are only allowed a 20 foot width where the flag stem are abutting. Where the stem on Lot 4 terminates, it makes the stem on Lot 5 a single type I flag stem which must be widened to 30 feet for the remainder of its length. 3. It is suggested to make the flag stems for Lots 4 and 5, Block 1, a joint access and utility easement to facilitate serving both lots with a single driveway and utility extension. 4. Name the unnamed 1 /2 width right -of -way dedication at the NW corner of the subdivision. 5. Provide bearings and distances necessary to describe all proposed easements or existing easements of record, particularly where they do not follow proposed subdivision boundary lines. (In particular the shown Overhead Utility Line) January 16, 2008 P & Z Commission Meeting Minutes Page 2 of 6 6. Provide an engineering evaluation of the lots proposed in this subdivision to certify that all lots proposed in this subdivision can support an ADEC compliant septic system and that each lot has the capability to provide potable water in support of residential development. 7. Review KIBC Chapter 16.50 regarding proper certification language for KIB plats before submitting a final plat for review. 8. Place a note on the plat: "All natural drainages shall not be blocked or impeded." 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. Subject to conditions of approval, 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, and it CARRIED 4 -0. B) Case S08 -012. Request for preliminary approval, according to KIBC 16.40, of the re- subdivision of Tracts D -1 and D -2, U.S. Survey 2261 and U.S. Survey 4947 (Near Island) including a previously un- subdivided portion of U.S. Survey 2261, in order to create Tracts D- 1A, D -1B, and D -2B of U.S. Surveys 2261 and 4947 and dedicating an extension of Dog Salmon Bay Road right -of -way. Cassidy reported the City has some willing buyers for land on Near Island and this subdivision adjusts lot lines. It takes 2 lots and an unsubdivided portion and makes 3 lots. It adjusts a lot line at a diagonal for future Ferry Terminal Use, and it adjusts an easement over toward a lot line. Staff recommends approval subject to: the initiation of a rezone the area proposed as ferry terminal from PL- Public Lands to B- Business, and making the electrical easement a utility easement COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Tract D -1 and D -2, U.S. Survey 2261 and U.S. Survey 4947 (Near Island) including a previously un- subdivided portion of U.S. Survey 2261, in order to create Tracts D -1A, D -1B and D -2B of U.S. Surveys 2261 and 4947 and dedicating an extension of Dog Salmon Bay Road right -of -way subject to the following conditions of approval and to adopt the findings of fact contained in the staff report as the "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. Subdivider shall initiate a rezone request to conform the applicable zoning districts to the new subdivision pattern that will be created by this plat. In addition, the rezone will also address the provision of an appropriate zoning district to proposed City Tideland Tract N -50. 2. Designate the "easement created this plat" as a "utility easement created this plat ". January 16, 2008 P & Z Commission Meeting Minutes Page 3 of 6 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. Subject to conditions of approval, 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, and it CARRIED 4 -0. COMMISSIONER WATKINS MOVED to grant preliminary approval for the vacation of a 20 foot wide electrical utility easement per KIBC 16.60, to be replaced with a new 20 foot wide utility easement to coincide with the new lot line configuration granted preliminary approval for Case S08 -012, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated January 9, 2008 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. Prior to final plat approval the plat shall be submitted to the City of Kodiak Council for approval of the easement vacation. FINDINGS OF FACT 1. The easement to be vacated will be replaced by a comparable utility easement. 2. Kodiak Electric Association was the only utility that responded to the vacation request and KEA indicated No Objection to the requested vacation. The question was called, and it CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS A) Request a twelve (12) month extension of preliminary subdivision approval for Case 506- 007. Cassidy reported the applicant is requesting a one year extension of an approved preliminary subdivision. Preliminary subdivisions are only good for 24 months without an extension being granted by the Commission. It is located in Womens Bay above Russian Creek. He is not requesting any changes in conditions or alterations to the plat, simply an extension. The code states clearly: Preliminary Surveys are only good for two months; An extension can be granted if the applicant does so in a timely manner; An extension can only be granted if the conditions of approval are the same as when a preliminary plat was originally approved. Staff recommends that an extension be granted. COMMISSIONER JANZ MOVED to grant a one year extension (until February 2009) of preliminary approval of the subdivision of Lot 19A -1, Block 7, Bells Flats Alaska Subdivision creating Lots 19E and 19F, Block 7, Bells Flats Alaska Subdivision, subject to the conditions January 16, 2008 P & Z Commission Meeting Minutes Page 4 of 6 found in the original February 17, 2006 Commission action letter to the applicant and to adopt "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER KERSCH. FINDINGS OF FACT 1. The applicant has made the request in a timely manner and before the expiration of the initial two (2) year period according to KIBC16.40.060. 2. The preliminary plat and the conditions of approval are the same as when the preliminary plat was originally approve. B) Planning & Zoning Commission Elections for Chair and Vice Chair Cassidy reported each year elections are held, but in this case because we don't have a full commission he recommends postponing the election until we are closer to a full commission. The commission was in agreement with postponing. COMMISSIONER JANZ MOVED to postpone until the February regular meeting the election of a new chair and vice chair. The motion was SECONDED by COMMISSIONER KERSCH. The question was called, and it CARRIED 4 -0. COMMUNICATIONS A) Communications regarding Potato Patch Lake Cassidy reported it is a letter from the Audubon Society objecting to a proposed fill of Potato Patch Lake. We just don't have any standards, regulations, or laws that allow us to take a statement. The kinds of issues stated should and have been directed to ADF &G that deals with Fish and Wildlife issues, DEC who deals with water quality issues etc. B) Cassidy stated the Parks & Recreation Committee will be taking public input on Tuesday, January 22, 2008 at 7:00 p.m. in the KIB Conference Room on the Winter Use of Borough Lakes and Waterways. This is an issue that comes out of the Island Lake summer use of watercraft, but it's a little different because the State of Alaska has regulations to regulate watercraft but they don't have regulations for ATV's or snow machines. The Assembly asked the Parks & Recreation Committee to take public testimony on the use of lakes and waterways. We have zoning jurisdiction if it becomes a zoning case. We have an ordinance about what can occur during the summertime on lakes that we can enforce. He believes the same thing can happen should we choose to do so regarding the winter use of lakes and waterways. COMMISSIONER JANZ MOVED to acknowledge receipt of Communication Items A and B. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: • February 13, 2008 work session at 7:30 p.m. in the KIB Conference Room • February 20, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Cassidy reported next month's meeting looks like it will be a fairly lengthy due to a number of postponed cases until the completion of the Comp Plan. There are the Larsen Bay rezone requests and the Chiniak Winery case. There will be 6 or more cases. January 16, 2008 P & Z Commission Meeting Minutes Page 5 of 6 Smith reminded the commission of the February 14 P &Z /P &R Quarterly Update to the Assembly. COMMISSIONER WATKINS MOVED TO ACCEPT Reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS Jack McFarland thanked the commission for the extension. He also said Stan is still in Anchorage and it could be a while before he gets back. Mr. McFarland trusts Stan and really doesn't want anyone else to help him. All the conditions have been met; he just needs two more stakes. COMMISSIONER COMMENTS COMMISSIONER KERSCH asked Cassidy to call the prospective commissioner. CHAIR KING said he can't wait to get some new people on the commission. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 7:58 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: February 20, 2008 January 16, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Dave King, Chair P & Z Commission Meeting Minutes Page 6 of 6 L ! , m N +-1 I ON saA Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes TOTAL In case of a tie Mayor Selby V / G } O c� m N ON saA IIII, Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes IGE THEIR VOTE? TOTAL In case ofatie Mayor Selby Z W � m N ON NS= saAI . I II Ms. Branson Ms. Jeffrey 1 L) Ms. Lynch 1 Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby ta. 4:Q Z m N O N saA Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes TOTAL In case of a tie Mayor Selby ai Z _ O CO N ON saA . . Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby, CO GJ Q N w c O U r KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet ck, n 6 O >- W m N O N 11 11111 saA 1 IN MEI . � Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes TOTAL In case of a tie Mayor Selby 11 3M11�3 -= N z .. W CO N oN sa/ Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby �� C� G' . , --3 ON seA - Ms. Branson I r. rnen Ms. Jeffrey Ms. Lynch TOTAL In case of a tie Mayor Selby Ms. Stutes • NYONE WISH TO' z � O m N c L `-'. N Z O m N O N I SaA li IN IVS31 Ms. Branson r. rien Ms. Jeffrey Ms. Lynch ,`K Ms. Stutes TOTAL In case of a tie Mayor Selby 111 \ v) z c,), 0 V ON I SaA MIMI I ar .0 Q . Abe Ms. Branson Ms. Jeffre 1 Ms. Lynch • Ms. Stutes 1 TOTAL 1 In case of a tie Mayor Selby 9 ‘) 0 0 SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet Z O V m N O N 1 saA !U!I1I Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes TOTAL In case of a tie Mayor Selby Y � - .tee cn O W m N ON saA MEM ■MS S■ Ms. Branson Ms. Jeffrey -> Ms. Lynch Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby c. c W m N ON saA NYONE WISH TO CHA1■ Ms. Branson Ms. Jeffrey Ms. Lynch sa�n�s •sW TOTAL In case of a tie Mayor Selby O o V m H oN saA Id Ski F nwgd_. Ms. Branson Ms. Jeffrey Ms. Lynch s •s TOTAL In case of a tie Mayor Selby Ni O W m h ON I saA 11111111 Ms. Branson Ms. Jeffrey IMEM Ms. Stutes 1 TOTAL In case of a tie Mayor Selby 0 SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet G z 0 U m N I oN saA ■►virza:zamn Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes TOTAL In case of a tie Mayor Selby C z O U m O N saA Kaggiryiii Ms. Branson Ms. Jeffrey Ms. Lynch Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby G z O W m N O N I saA NYONE WISH TO CHAN Ms. Jeffrey Ms. Lynch J IVII• 1•04 VV I Ms. Stutes TOTAL In case of a tie Mayor Selby uosueag •SW C Z W m N O N I saA IV S31 Ms. Branson .P Ms. Jeffrey Ms. Lynch Ms. Stutes J TOTAL In case of a tie Mayor Selby \-- 1, n W m 0 O 1, I SaA aril Ms. Branson - Ms. Jeffrey Ms. Lynch - ••mo Ms. Stutes 3 TOTAL In case of a tie Mayor Selby C 0 Q co au cu c O U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet *a_4 (5,Aedz, Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Y O fCk '1t 1 ' ? lease print your name 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Kodiak Island Borough Assembly Regular Meeting Guidelines March 20, 2008, 5:00 p.m., Assembly Chambers 3. ROLL CALL l �� 4c4.i.cr �k. �e�� KIBC 2.16.070... the Chair shall us the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Assembly members Abell, Friend, and Oswalt are out on personal leave. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGEN *A All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. Regular Meeting of February 21, 2008 and Special Meeting of March 3, 2008. Recommended motion: Move to approve the minutes as submitted. Please ask if there are any corrections to the minutes. VOICE VOTE ON MOTION. 6. AWARDS AND PRESENTATIONS j/. Employee of the Year — Manager Gifford will present this award to 0B. Longevity Awards — Manager Gifford will present longevity awards to Kirsten Galliher and Bob Himes. vG. Student of the Month — Mayor Selby will present the award to Nathan Wolford. D. Proclamation — Mayor Selby will proclaim March as National Womens History Month. Kodiak Island Borough Assembly Guidelines March 20, 2008 Page 1 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 is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A,/Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances / Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. March 20, 2008 Recommended motion: Move to adopt Ordinance No. FY2008 -15. Staff Report — Deputy Clerk McFarland. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. . Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. Recommended motion: Move to adopt Ordinance No. FY2008 -16. Staff Report — Deputy Clerk McFarland. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines Page 2 . Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. Recommended motion: Move to adopt Ordinance No. FY2008 -17. Staff Report — Deputy Clerk McFarland. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. Recommended motion: Move to adopt Ordinance No. FY2008 -01C. Staff Report — Manager Gifford. Recommended motion: Move to amend Ordinance No. FY2008 -01C by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines March 20, 2008 Page 3 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Co tracts . Contract No. FY2008 -28 Authorizing the Manager to Enter Into a Long Term Lease with the State of Alaska Department of Military Affairs for Pool Purposes. Recommended motion: Move to approve Contract No. FY2008 -28 authorizing the Manager to enter into a long -term lease with the State of Alaska Department of Military Affairs for pool purposes. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. )4ontract No. FY2007 -11A Amending Contract No. FY2007 -11 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. Recommended motion: Move to authorize the Manager to execute Contract No. FY2007 -11A with Jensen, Yorba and Lott of Juneau, Alaska. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 'Resolution No. FY2008 -30 Requesting North Pacific Fishery Management Council Consideration of Kodiak Community Concerns in the Pending Analysis of the BSAI Crab Rationalization Program. Recommended motion: Move to adopt Resolution No. FY2008 -30. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 20, 2008 Page 4 2. *Resolution No. FY2008 -31 Supporting House Bill No. 373, an Act Extending Specified Public School Bond Debt Reimbursement and Providing for an Effective Date. C. Ordinances for Introduction 1. *Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) 2. *Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. D. Other Items 1. Assembly Appointment to the Mission Lake Tide "Tidegate" Service Area Board. Recommended motion: Move to appoint Mr. Al Burch for a term to expire 2009 on the Mission Lake "Tidegate" Service Area Board. Staff Report — Deputy Clerk McFarland. ROLL CALL VOTE ON MOTION. 2. Resignation of Assembly Member Jeffrey and Appointment of a New Assembly Representative on the Kodiak College Council. Recommended motion: Move to accept the resignation of Assembly member Jeffrey and appoint Assembly member Friend as the Assembly representative on the Kodiak College Council. Staff Report — Deputy Clerk McFarland. ROLL CALL VOTE ON MOTION. 3. Assembly Appointment to the Citizens Board of Equalization. Recommended motion: Move to appoint Cassandra Juenger to the vacant seat on the Board of Equalization for a term to expire December 31, 2008. Staff Report — Deputy Clerk McFarland. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines March 20, 2008 Page 5 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The next Assembly work session will be held on Thursday, March 27, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, April 3, 2008 in the Borough Assembly Chambers. The Borough Offices will be closed on Monday, March 31 in observance of Seward's Day. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 20, 2008 Page 6