Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2007-07-05 Regular Meeting
July 5, 2007 - 7:30 p.m. Citizens Comments And Public Hearing Numbers: Toll Free Number: (800) 478 -5736 Local Number: 486 -3231 Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Regular Meeting Assembly Chambers 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. AP VAL OF MINUTES 3$7 3 A. * odiak Island Borough Regular Meetings of May 17, 2007 and Special Meeting of May 24, 2007. 6. AWARDS AND PRESENTATIONS - None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Tony's Bar Liquor License, Beverage Dispensary License #1155, from Tony's Inc. to Nikkia Atkins. B. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Tony's Liquor Store Liquor License, Package Store License #1156, from Tony's Inc. to Nikkia Atkins. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None. 13. NEW BUSINESS A. ONTRACTS 1. *ontract No. FY2008 -01 Economic Development Services for FY2008 etween the Kodiak Island Borough and Kodiak Chamber of Commerce. 2. ontract No. FY2008 -02 Destination Marketing and Tourism Development ervices for FY2008 Between the Kodiak Island Borough and the Kodiak and Convention & Visitors Bureau. ontract No. FY2008 -03 Monashka Bay Road Service Area Road Maintenance and Repair, Snow Removal and Sanding. Kodiak Island Borough Assembly Agenda July 5, 2007 Page 1 Contracts Continued: 4. Contract No. FY2008 -04 Purchase of a Dump Truck for Landfill Operations. 5. ( ontract No. FY2008 -05 Providence Kodiak Island Counseling Center for Counseling Services `too he KIB School District for School Year 2007 -2008. RESOLUTIONS 1 Resolution No. FY2008 -01 Approving Fiscal Year 2008 Kodiak Island Borough Non - Profit Funding. Resolution No. FY2008 -02 Declaring Surplus to Borough Need a Portion of Tract A, U.S. Survey 3463 to Allow for the Disposal for Fair Market Value of a 30 Foot Wide, Non - exclusive Access and Maintenance Easement to Serve Lots 1A, 1 B, and 2A, Block 6, Miller Point Alaska Subdivision First Addition, and Authorizing the Borough Manager to Negotiate the Ease Directly With the Petitioners. 3., Resolution No. FY2008 -03 Appointing Members to the •diak Fisheries Development Association. Resolution No. FY2008 -04 Appointing Members to th ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 isca 'ear 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. 2. Ordinance No. FY2007 -15A Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.53 Solid Waste Advisory Board. D. OTHER ITEMS cation 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 Lot Line Configuration Designed to Coincide With Plat Granted Preliminary Approval Depicting Proposed Lots 7A, 7B, and Tract -1, Industrial Park Subdivision and Commercial Tracts 1A and 2A. 2.: cation of Utility Easements as Shown on the Final Plat for Case S07 -004 Which Will ate Lots 1, 2, 3, 4, and 5D -1 of Cut -Off Subdivision Located Within U.S. Survey 3099. 3. Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Kodiak Middle School Seismic Retrofit Project. 4. An Appeal of the Planning and Zoning Commission's Decision Before the Board of Adjustment on Case No. 07 -020 Requesting a Variance in Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow a 5 Foot Encroachment Into the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell.) 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Parks and Recreation Committee Regular Meeting of May 8, 2007 2. Planning and Zoning Commission Regular Meetings of March 28, 2007 (Corrected Version), April 18, 2007, and May 7, 2007. 3. Personnel Advisory Board Regular Meeting of July 18, 2006. B. REPORTS 1. Kodiak Island Borough May 2007 Financial Report. Kodiak Island Borough Assembly Agenda July 5, 2007 Page 2 M � P of O N ' / Mr. Abell Ms. Branson Mr. Friend Ni Ms. Jeffrey uo 7 Mr. Oswalt Ms. Williams TOTAL 0 O V C__) Z Q Mr. Abell A Ms. Branson i e• ' Mr. Friend Ms. Jeffrey uou7 'SLAT Mr. Oswalt Ms. Williams TOTAL b 0 O v) C � Mr. Abell l5' Ms. Branson Mr. Friend Ms. Jeffrey LTOW 'SY\i Mr. Oswalt s un I III Yl 'SW TOTAL ca cQ c- M � W b o 0 N CID llaad . 11AI Ms. Branson Mr. Friend Ms. Jeffrey uou7 'SYAI Mr. Oswalt Ms. Williams xi 0 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uou7 'SLAT 17msO 'ALAI suzetllirn 'sl\l G 2 0 0) cat cn O y . y Czt ' 0 w z Y 0 0 cu • azt con z 0 z 0 o 0 v p ca � U � ''' z .----> --- 1 Mr. Abell Ms. Branson Mr. Friend , Ms. Jeffrey 1 rloukj 'SIAI sTlhTA1 'SLSi �t�ms0 u1\1 I 'IV,LO.L si4 ez 6 ---- ._ kiD' 0 8 co cn O r , \ -\r; ) "- O co cn Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey tiouki 'SY\i sureTJJ!J sy�I 3lemsO TOTAL Ja y am '} C' 0- 'r> 0 O PO cn Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey rloukij SUILrll 'SW 1.1ems0 '----'‘ ISI: io, 0 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey _ rlou/i1 'SJA Mr. Oswalt Ms. Williams TOTAL o 00 cn --- \-3 ri:i P\ o O 00 Z i ›. fi Mr. Abell I Ms. Branson Mr. Friend ifara f 'SW II !oUX7 'SW 0 Mr. Oswalt Ms. Williams TOTAL C4 0 f ') 0 N 0 U . 4 4 -4 rfn (1) 0 cd U N rd cip o O y.., cd U 0 x z >, — U `'v) 75 0 � 0 x w 0 w › 0 c p M O O V 'load ''YET puau3 . .qAT uosumg SJA Ms. Jeffrey uo7 'SYSl Mr. Oswalt k Ms. Williams TOTAL 0 \-C-: • › ›. Mr. Abell Ms. Branson Mr. Friend i0.11J0f 'SW uouk1 'SJA Mr. Oswalt suz�tjT A •SV1 IVIaL CO t -- c c:,?..- EVE Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey 3 6 uouX'I Mr. Oswalt sumIIIIM TOTAL c. _ o 0 ji Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouki •sJA Mr. Oswalt Ms. Williams TOTAL ti D c 0 Mr. Abell Ms. Branson *i Mr. Friend Ms. Jeffrey hooka 'sw II II Mr. Oswalt Ms. Williams TOTAL ccs U 4-+ O y. a> O c U C• 0 w z .— 0 • ;O c o • x 0 A .Y 0 u o U � M � W 0 0 CI) Mr. Abell Ms. Branson Mr. Friend AaJJJaf 'SW uou�iZ 'SJ/% Mr. Oswalt Ms. Williams TOTAL CO b 0 0 0 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouk - sN ijEms0 %TIN suz�tlltrn *sue TOTAL M W 0 CI) iiagy '.YAl Ms. Branson Mr. Friend Ms. Jeffrey iouic'I 'sI� Mr. Oswalt Ms. Williams TOTAL c I /�/� w TT V1 Q iioww . JIAI Ms. Branson Mr. Friend Ms. Jeffrey tlotufj Mr. Oswalt Ms. Williams 'IVIOI z Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey LiouX-I . sJA Mr. Oswalt Ms. Williams* 'IV',LO.L O 8 (&) 0 cip O 0 O U N 0 - cV � o �. a> O U c c d • 0 °' at 11 0 Y /1 W V 0 c o • x 0 O m O ect U (ri cd 0 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of r � 0Z- Please print your name Please print your name KODIAK ISLAND BOROUGH Regular Assembly Meeting May 17, 2007 A regular meeting of the Kodiak Island Borough Assembly was held May 17, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff present were Manager Rick Gifford, E &F Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Representatives from the communities of Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions participated via video conference. APPROVAL OF AGENDA FRIEND moved to approve the agenda, seconded by BRANSON. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES Kodiak Island Borough Regular Meeting of April 19, 2007. BRANSON moved to approve the minutes as submitted, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY TO APPROVE THE MINUTES AWARDS AND PRESENTATION Mayor Selby presented the May 2007 Kodiak Island Borough Student of the Month Award to Maya Edgerly, a Junior from the Kodiak High School. Mayor Selby proclaimed the month of May 2007 as Older Americans Month of Alaska. Gretchen Saupe from the Senior Citizens of Kodiak accepted the proclamation. CITIZENS' COMMENTS Cheryl Boehland requested the Borough Assembly to take its time in researching and reviewing the gravel lease in Bells Flats. She would like to see ample opportunity for the public to be heard. Darren Muller, from the City of Ouzinkie, (via video conference) voiced his concern about the status of the revised memorandum of agreement between the Borough and the City of Ouzinkie regarding Ouzinkie's dock project. Emil Norton, member of the Senior Citizens of Kodiak, thanked the Assembly for its support to the Senior Citizens of Kodiak. He requested continued financial support and hoped the Borough would Kodiak Island Borough Assembly Minutes May 17, 2007 Page 1 be generous in future requests. He noted the valuable contribution of the Kodiak Area Transit System (KATS) to the community of Kodiak. Deborah Kirk, parent with children in the school district, spoke in support of the additional funds the KIBSD was requesting. COMMITTEE REPORTS A. Kodiak Island Convention Visitor's Bureau Update - Pam Foreman Pam Foreman, Executive Director of the Kodiak Island Convention and Visitors Bureau (KICVB) in Kodiak, distributed KICVB Marketing Program information to the Assembly including the most recent Visitor's Guide. Ms. Foreman also stressed KICVB's support to local conventions /meetings being held in Kodiak. Ms. Foreman, in response to Assembly member Abell, stated that business and lodges are members of the Visitors Bureau and are advertised within the Visitor's Guide. KICVB does work with villages, some more than others, depending on their tourism interests. A goal KICVB has was having a kiosk in the Convention's office that visitors can use providing specific information about the villages. Kodiak Island Housing Authorizing was also working with the villages in efforts to promote tourism. In response to Assembly member Jeffrey, Ms. Foreman reported that the typical Kodiak tourist is interested in sport fishing and wildlife, and eco interest is growing. Travelers are typically in their 50's, usually repeat visitors, and spend more days in Kodiak compared to the rest of the State. Assembly member Oswalt, Architectural Review Board Representative, referred to Assembly member Jerrol Friend for updated information. Assembly member Friend reported that Prohaska & Associates submitted their 65% drawings for the proposed Community Health Center (CHC) addition. Latest estimate of costs was 1.7 million under budget which included the hospital addition and parking lot. He felt it was a good meeting, good presentation, and everything was on track. Assembly member Branson, Providence Kodiak Island Service Area Board Representative, reported that there was a new orthopedic surgeon and two new full time surgeons at the hospital. She noted the hospital was going through the JACO accreditation process. Assembly member Jeffrey, Kodiak College Council representative, reported that the College's commencement exercises were held last Friday at the Golden Anchor. There was a large population of graduates and it was a successful evening. PUBLIC HEARING A. Resolution No. FY2007 -32 Establishing the Minimum Amount of Funds to be Made Available from Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2007 and Ending June 30, 2008. WILLIAMS moved to adopt Resolution No. FY2007 -32, seconded by BRANSON. Staff recommended that the Assembly approve the school funding at last year's appropriation as State funding was still uncertain. He noted that if the Assembly found additional funding available, an additional appropriation to the School District could be made at a later date. Assembly member Abell questioned the timing and /or process for the additional funding to KIBSD. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 2 Manager Gifford responded that increases to their funding can be made through the budget ordinance. School district would know within 30 days if additional monies would be available. The Borough will pass its budget at the June 7, 2007 regular meeting. Betty Walters, KIBSD Superintendent, stated that contracts have been issued withholding some contracts that are dependent upon additional funding. Assembly member Branson relayed her discouragement with the legislature. She hopes that the task force that is being assembled will remedy the problems. Mayor Selby opened the public hearing. Dave Carson, advocated for additional funding for special needs in the education system. Peggy Tuttle, parent and a School Board member, spoke in support of full funding for the school budget. Village Representatives, parents, teachers and administrators from the communities of Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions participated via video conference. Everyone spoke in support of full funding of the KIBSD budget. Clarence Selig expressed his frustration with the funding process that occurred in Juneau. Mayor Selby closed the public hearing. Mayor Selby thanked the villages for their participation in the budget process and the school district for the facilitation of the video conference. Assembly member Abell spoke in support of the school district budget funding to the cap. He would work to fund the additional $760,000 requested. Assembly member Branson noted that the mill rate was lowered last year by the Assembly. It was not fiscally responsible and urged the Assembly to take responsibility in funding the school district fully. She encouraged the public to come to the budget work sessions. Assembly member Jeffrey spoke in support of funding the schools. Assembly member Williams was in support of funding the school budget to the cap. Assembly member Friend supported funding the school district budget to the maximum. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams After a 15 minute recess, Mayor Selby reconvened the meeting at 9:15 p.m. B. Ordinance No. FY2007 -14 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly, Section 2.17.020 General Rules to Prohibit Assembly Member Attendance at Regular and Special Meetings by Teleconference and Allow it Only During Work Sessions and Emergency Meetings. JEFFREY moved to adopt Ordinance No. FY2007 -14, seconded by FRIEND. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 3 Clerk Javier stated that this ordinance would prohibit assembly member attendance at regular and special meetings by teleconference and allow it only during work sessions and emergency meetings. She noted, that although AS44.62.310 states that participation may be by teleconference, AS29.20160(f) authorizes the Assembly to determine by ordinance its own rules or procedures and order of business. Mayor Selby opened the public hearing; hearing and seeing none, he closed the public hearing. Assembly discussion ensued regarding the pros and cons of this ordinance. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Branson, Friend, Jeffrey, Lynch (Ayes); Oswalt, Williams, Abell (Noes) C. Ordinance No. FY2007 -15 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel to Add Chapter 2.53 Solid Waste Advisory Board. WILLIAMS moved to adopt Ordinance No. FY2007 -15, seconded by BRANSON. Manager Gifford outlined the purpose, mission, goals, and make -up of the Solid Waste Advisory Board. Mayor Selby opened for public hearing. Hearing and seeing none, the public hearing was closed. Assembly member Jeffrey stated she was in favor of the Solid Waste Advisory Board. She believed it would be proactive in addressing needs for the community. Assembly member Williams requested from staff to provide to the new SWAB old minutes from past Solid Waste boards. Assembly member Abell was initially going to vote against this Ordinance but with recycling on the horizon he would vote for it hoping that the Borough and staff would have direction. Assembly member Branson was in favor of the new advisory group. Assembly member Oswalt was in favor of the newly formed board and requested that the Borough and Assembly look at the information submitted from past boards in order to move ahead. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson BOROUGH MANAGER'S REPORT Manager Gifford reported that Senate Bill 111 Narrow Cape Public Use Area passed the legislature, PERS/TRS received a one -time funding; and Senate Bill 125 did not pass but would be addressed next year. One -time revenue sharing /energy assistance was funded at a lesser amount than last year. Unorganized communities both inside and outside organized boroughs would receive $20,000 including Karluk. Other projects being funded are the Area -Wide School Supplies and Equipment, Ferry Feasibility Study, Kodiak Middle School Playground Equipment, Peterson Elementary School, and Kodiak Near Island Research and Administration Facility. Flyers went out to residents regarding bear -proof dumpsters. Junk vehicle clean -up program received approximately 40 applications and the City received about 50. The Ouzinkie dock issue was funded through a legislative grant that was given to the borough for the design. The agreement of non - responsibility drafted by the Borough was not accepted, therefore the Borough has sent a revised Memorandum of Agreement (MOA) and details are being worked out. An amended resolution should be available at the next regular meeting. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 4 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that he was disappointed that PERS/I funding was not approved, along with the revenue sharing package which would have enabled our smaller communities to become more viable. He hoped that the numbers would be solidified in the next week to work with additional school funding. Mayor Selby was pleased with some of the capital projects totaling $25 million, with $15 million federal pass through monies for the launch project. He outlined other projects funded in the villages, city, and borough including the regional ferry study. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -43 To Design an Expanded Wetland System. OSWALT moved to authorize the manager to execute Contract No. FY2007 -43 with CH2M Hill of Anchorage, Alaska in the amount not to exceed $57,129, seconded by JEFFREY. Manager Gifford reported this contract would address the leachate seep that was occurring at the landfill and not being treated in the existing wetland treatment system. The contract would include discharge permitting assistance, water sampling plan, treatment system design, and construction oversight. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend B. RESOLUTIONS 1. Resolution No. FY2007 -33 Adopting the Kodiak Area Coordinated Transportation Plan. WILLIAMS moved to adopt Resolution No. FY2007 -33, seconded by BRANSON. Manager Gifford reported this resolution was requested by Assembly member Branson in order to fulfill federal requirements for funding. Assembly member Branson explained that KATS is a coordinated service to approximately seventeen agencies, the biggest growth was getting people to their place of employment. The plan was a federal requirempat fo funding and to show cost efficiency. Mayor Selby thanked F (en Mo imer for her letter in support of KATS. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey 2. Resolution No. FY2007 -34 Authorizing the Approval of Lease with the Kodiak Teen Court. OSWALT moved to adopt Resolution No. FY2007 -34, seconded by WILLIAMS. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This Kodiak Island Borough Assembly Minutes May 17, 2007 Page 5 would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch 3. Resolution No. FY2007 -35 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. FRIEND moved to adopt Resolution No. FY2007 -35, seconded by BRANSON. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt 4. Resolution No. FY2007 -36 Authorizing the Approval of Lease with the American Red Cross. WILLIAMS moved to adopt Resolution No. FY2007 -36, seconded by BRANSON. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams 5. Resolution No. FY2007 -37 Adopting the Comprehensive Economic Development Strategy (CEDS) 2007 as Written. BRANSON moved to adopt Resolution No. FY2007 -37, seconded by WILLIAMS. Manager Gifford stated this resolution would adopt the Comprehensive Economic Development Strategy (CEDS) as submitted by the Economic Development Committee. This document will be submitted to the U.S. Economic Development Administration for its review and adoption. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell 6. Resolution No. FY2003 -20F Amending Resolution No. 2003 -20 to Re- establish Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2003 -20F, seconded by OSWALT. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 6 Manager Gifford reported the solid waste disposal rates for sludge was raised last year from $65 to $115 because of handling time. A memorandum of agreement was being arranged with the City for improved delivery condition of the sludge, therefore the cost has been recommended to be lowered to $75 a ton which is reflected in the new fee schedule effective July 1, 2007. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2007 and Ending on the Thirtieth Day of June 2008 (Fiscal Year 2008 Budget.) JEFFREY moved to adopt Ordinance No. FY2008 -01 in first reading to advance to public hearing on June 7, 2007, seconded by BRANSON Manager Gifford reported this budget included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Projects Funds, and Enterprise Funds. He then introduced Finance Director Karl Short who presented the FY2008 Budget through a power point presentation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend 2. Ordinance No. FY2007 -16 Amending Title 3 Revenue and Finance, Chapter 3.24 Personal Property Tax to Add Section 3.24.090 Personal Property Minimum Billing. WILLIAMS moved to adopt Ordinance No. FY2007 -16 in first reading to advance to public hearing on June 7, 2007, seconded by OSWALT Manager Gifford reported that he and the Finance Director Karl Short felt that it was prudent that tax on personal property accounts (not including boats) with a low assessed value not be billed. For FY2008, staff recommended the minimum assessed value exceed $2,500 to generate a personal property tax bill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey D. OTHER ITEMS 1. Vacation of a Portion of Existing 25 -foot Wide Public Access and Utility Easement Along the Southwest Edge of Tract B, T2. OSWALT moved to approve the vacation of a portion of existing 25 foot wide public access and utility easement along the Southwest edge of Tract B, T26S R25W TL 101 Viekoda Bay as shown on Plat 93 -3, seconded by BRANSON. Manager Gifford stated that Planning and Zoning Commission approved the above referenced easement vacation after a public hearing held on March 28, 2007. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 7 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch CITIZENS' COMMENTS Peggy Tuttle referred to the Alaska Association of Education's theme "it takes a community ", suggesting alternative funding for education in Kodiak. She advocated about a long -term plan for educational funding. ASSEMBLY MEMBER COMMENTS Assembly member Williams congratulated Maya Edgerly on her Student of the Month recognition. She asked to extend the applications for junk vehicles since there are remaining funds available. She requested that the subject of the landfill being opened on the weekends be discussed at the next work session. Assembly member Friend noted that releasing Borough land to the public would be a source of additional funding. Assembly member Abell thanked Peggy Tuttle for suggesting making the video conferencing available for the school budget public hearing meeting. Assembly member Branson acknowledged the Older Americans of Alaska. She congratulated Maya Edgerly for being Student of the Month. Assembly member Branson reported that the Senior Care Program lost its funding and will end June 30, 2007. She also noted to the Assembly that the Marine Highway Advisory Commission had no representative from Kodiak and said it was important that Kodiak have a representative on the Commission. Assembly member Oswalt commended the Manager for getting 40 junk vehicle removal applications and would like the remaining money to be spent cleaning up areas around the landfill. He also commended the people who cleaned Pillar Creek last weekend. Assembly member Lynch congratulated Maya Edgerly as Student of the Month. She reported that the Tract B leases were coming to Assembly. There was some confusion about the disposal under Title 18. She requested more information on the process. She also stated that Kodiak Island Housing Authority (KIHA) was organizing rural community work shops bringing the villages together. She also reminded the Assembly that in the sale of lands to include the cost of contracting someone to put together the sale. ANNOUNCEMENTS The Assembly will meet in a special budget work session on Thursday, May 24, 2007 at 7:30 p.m. in the Borough Conference Room. The Kodiak Island Borough will be closed Monday, May 28, 2007 in celebration of Memorial Day. The next Assembly regular work session is scheduled on Thursday, May 31, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, June 7, 2007 at 7:30 p.m. in the Borough Assembly Chambers. Mayor Selby suggested that the evaluation of the Borough Clerk be postponed to May 24, 2007 at a special meeting. A special meeting was scheduled for May 24, 2007 following the work session to address the Borough Clerk's evaluation. Clerk Javier had not objection. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 8 ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt The meeting adjourned at 11 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes May 17, 2007 Page 9 KODIAK ISLAND BOROUGH Assembly Special Meeting May 24, 2007 A Special meeting of the Kodiak Island Borough Assembly was held May 24, 2007 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 10:08 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, E &F Director Woody Koning, CDD Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Basuel. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION 1. Clerk's Performance Evaluation. LYNCH moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams Mayor Selby reconvened the special meeting at 10:27 p.m. and announced no action was to be taken as a result of the executive session. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell The meeting adjourned at 10:30 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes May 24, 2007 Page 1 Nova Javier From: Nova Javier Sent: Friday, June 22, 2007 1:02 PM Abell; Branson; Friend; Jeffrey; Lynch; Oswalt; Williams ..c: Rick Gifford Subject: Andy Lundquist - Liquor License Hearing Hello, We received applications for transfer of ownership from the Alcoholic Beverage Control Board for Tony's Bar and Tony's Liquor Store on May 22, 2007. The State allows us 60 days of the receipt of the notice to file a protest, we have until July 21. The public hearing for this liquor license was originally scheduled last night; however, the meeting was cancelled. The notice of cancellation was sent to the radio station, posted around the building, and advertised on the Kodiak Daily Mirror. I missed notifying Mr. Lundquist of the cancellation. You will probably hear comments from Mr. Lundquist, an Assembly member called me already so I am sharing this information with you. These license transfers are now scheduled for public hearing on Thursday. July 5. We have written procedures for processing liquor licenses whether they are new, renewal, or transfers that we have followed for years. Mr. Lundquist noted that no. 4 does not apply to him since the locations are the same. This is something that we are looking at. Once again, I want to give you a heads up just in case he calls other Assembly members. He was wanting to place this on the agenda for Tuesday; however, notices were already sent out and the special meeting agenda has been advertised. ..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. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. Nova M. Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9310 Visit our website at: www.kodiakak.us "It is our attitude at the beginning of a difficult task which, more than anything else, will affect it's successful outcome." - William James 7/5/2007 Regular Meeting of July 5, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 9.A State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Tony's Bar Liquor License, Beverage Dispensary License #1155, from Tony's Inc. to Nikkia Atkins. 5.01.030 New license and transfer procedure. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. The City of Kodiak Police Department had 27 calls for service to the Tony's Bar location from June 15, 2006 to May 3, 2007. There are no trouble reports and no Borough interest can be protected by protesting the transfer. 216 Public hearing notices were mailed, none returned. Recommended motidmyMove to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Transfer of Ownership of Tony's Bar Liquor License, Beverage Dispensary License #1155, from Tony's Inc. to Nikkia Atkins. Member /Officer /Director: DOB Address Phone Title /Shares ( %) Nikkia Atkins 7/8/76 Afognak Lodge Seal Bay, AK 99697 907 - 486 -6442 President & 34% Carl Gatter 9/15/70 3240 e 42 Ave Anchorage, AK 99508 907 - 351 -4597 Secretary /Treasurer & 33% George Gatter 5/17/69 PO Box 93 Old Harbor, AK 99643 907 - 286 -2264 Member & 33% , orp /LLC Agent: Address Phone Date and State of Limited Partnership Good standing? ikkia Atkins "= 8300 King St Anchorage, AK 99518 907 -952- 9738 10/4/06 AK Yes ate of Notice: May 24, 2007 Application Type: NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address: Telephone #: EIN: Please note: the Members/ Officers /Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. ransfer application, current license information: License #: 1156 Current D.B.A.: Current Licensee: Current Location: Additional comments: * *Date of Birth Doing Business As City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 None 1155 Beverage Dispensary Tony's hider Store. r Tony's Inc 518 Marine Way PO Box 589 Kodiak, AK 99615 907 - 952 -9738; 907 - 486 -9489 Fax None at this time 20- 5655768 Tony's Liquor Store Tony's Inc 518 Marine Way State of Alaska Alcoholic Beverage Control Board Restaurant Designation Permit Application will be sent via US mail. ORIGINAL APPLICATION MUST BE RETURNED. Local Governing Body - New Formal X TRANSFER X Ownership Location Name Change Pege 3 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance wits AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ Jane .7Cannan Jane Hannan Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 05/07/2007 12:04 9074868023 an/ GO/ 4G15 ? 1;3; 7, 5 907- 486 -9391 z0 . City of Kodiak KPD Dispatch 217 Lowe► MHI Bay Road Kodiak, AK 99815 lb May 25, 2007 Dear Sergear Ftatfreld: The Alaska Beverage Control Board application for transfer: From: License #: 1155 License Type: Beverage Dispensary D.B.A.: Tony's Bar Licensee: Tony's Inc Location: 518 Marine Way Per mac 5.01.030 Now License and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license' the clerk shall check with the state troopers on the number of trouble reports at the place of business. Please complete the following information for our records, d There were no trouble reports for this place of business. ❑ There were of trouble reports for this place of business, kNJfla*rj Please fax your response to the Moro h Clerks office at 488 -9391. Thank you, f5', 2c0(1 fi''( 5 w e J 11 - aLi 7 e "' S ? JatVeL c 44nc . C&*Crt - r Nova M. Javier, C � � Wa4U f1 l.!!i Borough Clerk 1,L. a KODIAK POLICE DEPT BOROUGH CLERK Kodiak Island Borough Off ice of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 SENT VIA FAX 486 -8023 has noticed the Kodiak Island Borough of a liquor license 1,1dovalboroughSCULICENSE312007 1TRNSFRTany& BanFAXTOCITYPOL ICE,dm To License #: 1155 License Type; Beverage Dispensary D.B.A,: Tony's Bar Licensee/Applicant: Nikkia Atkins Location: 518 Marine Way PAGE 02 PAGE 01 Rick Gifford, Manager )Assessing Department Director ,\ Community Development Department Director '\Engineering and Facilities Department Directbr FROM: Nova M. Javier, CMC, Borough Clerk DATE: May 25, 2007 SUBJECT: Liquor License Transfer for Tony's Bar MEMO TO: The Alaska Beverage Control Board has application for transfer: From: License #: 1155 License Type: Beverage Dispensary D.B.A.: Tony's Bar Licensee: Tony's Inc Location: 518 Marine Way 1155 — Tony's Bar Enclosures ABC Notice Code \\ dove\ borough \CL \LICENSES\2007 \TRNSFRTony's Bar \MEMO.doc Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Finance Director Building Official Fire Marshall noticed the Kodiak Island Borough of a liquor license To: License #: 1155 License Type: Beverage Dispensary D.B.A.: Tony's Bar Licensee /Applicant: Nikkia Atkins Location: 518 Marine Way Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 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. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for transfer. Please return this memo to the clerk's office by Friday, June 1, 2007. The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The Department has NO interest, which can be protected by protesting the application for transfer. Signature: Date: Chapters: 5.01 Liquor Licenses Sections: 5.01.010 5.01.020 5.01.030 TITLE 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.01 LIQUOR LICENSES Cooperation with state Alcoholic Beverage Control Board. License renewal procedure. New license and transfer procedure. 5.01.010 -- 5.01.030 5.01.010 Cooperation with state Alcoholic Beverage Control Board. It is declared the policy of the borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. (Ord. 86 -07 -0 ' 2(part), 1986). 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. (Ord. 86 -07 -0 ' 2(part), 1986). 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 5 -1 (KIB 03/99) Supp. #24 5.01.030 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. (Ord. 98 -09 ' 2, 1998; Ord. 86 -07 -0 ' 2(part), 1986). 5 -2 (MB 10/98) Supp. #22 A public hearing will be held on Thursday, June 21, 2007, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application for transfer: From: License #: 1155 License Type: Beverage Dispensary License D.B.A: Tony's Bar Licensee: Tony's Inc. Location: 518 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kib.co.kodiak.ak.us, fax to (907) 486- 9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, June 21, 2007. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING To: License #: 1155 License Type: Beverage Dispensary License D.B.A.: Tony's Bar Licensee /Applicant: Nikkia Atkins Location: 518 Marine Way This second notice of public hearing is being sent to you due to the cancellation of the June 21, 2007 meeting. The Assembly will hold the public hearing on Thursday, July 5, 2007. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 A public hearing will be held on Thursday, July 5, 2007, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application for transfer: From: License #: 1155 License Type: Beverage Dispensary License D.B.A: Tony's Bar Licensee: Tony's Inc. Location: 518 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kib.co.kodiak.ak.us, fax to (907) 486- 9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, July 5, 2007. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: NOTICE OF PUBLIC HEARING To: License #: 1155 License Type: Beverage Dispensary License D.B.A.: Tony's Bar Licensee /Applicant: Nikkia Atkins Location: 518 Marine Way map HOBART & RUTH DAWSON P.O. BOX 2039 KODIAK, AK 99615 DANIEL a7 KATHLEEN OLSON P 0 BOX 4041 KODIAK, AK 99615 UNITED STATES POSTAL SERVICE KODIAK, AK 99615 KJ HERMAN PO BOX 4116 KODIAK, AK 99615 ALAN & JILL SKAW P.O. BOX 842 KODIAK, AK 99615 STATE OF ALASKA , 00000 ED VENTURES, INC 11900 CANGE ST ANCHORAGE, AK 99516 STEPHEN & ELAINE O'BRIEN 315 HIGH AVE KODIAK, AK 99615 LUDGER & STEFANIE DOCHTERMANN PO BOX 714 KODIAK, AK 99615 MARTIN LYDICK PO BOX 3243 KODIAK, AK 99615 GENE & PHYLLIS SUNDBERG P.O. BOX 346 KODIAK, AK 99615 WILLIAM a7 LEONA LOY C/O CARE CENTER 1915 E. REZANOF DR. KODIAK, AK 99615 IMMANUEL BERGEE P 0 BOX 1945 KODIAK, AK 99615 FREDDIE MAC 2875 UNION RD CHECKTOWAGA, NY 14227 MARK & SHARON BLAKESLEE P.O. BOX 3696 KODIAK, AK 99615 CASEY RUSSELL 1319 S. ROBINSON RD NAMPA, ID 83687 JOSE & MICAELA TOSTADO PO BOX 324 KODIAK, AK 99615 RICHARD & MYRNA RUBINA 421 CAROLYN AVE KODIAK, AK 99615 JOSE BRAVO PO BOX 3096 KODIAK, AK 99615 MATTHEW & SUZANNE JENSEN 3218 WILTON WHITE WAY KODIAK, AK 99615 ALAN & VIRGINIA AUSTERMAN 2707 DAVID ST JUNEAU, AK 99801 NANCY KOTULA PO BOX 962 KODIAK, AK 99615 -0962 STEVEN AMES P 0 BOX 2724 KODIAK, AK 99615 PAULINO CRUZ ETAL 413 CEDAR ST KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 CECILE COSTELLO 315 THORSHEIM ST KODIAK, AK 99615 LLOYD & PATRICIA CANNON 205 HIGHLAND DR EDMONDS, WA 98020 LAURENCE & HAROLDEAN ANDERSON P.O. BOX 1013 KODIAK, AK 99615 BOLIGHAJ TRUST PO BOX 2893 KODIAK, AK 99615 PEDRO & LEONOR BILIRAN PO BOX 2612 KODIAK, AK 99615 CHARLES & SUZANNE KING III PO BOX 1573 KODIAK, AK 99615 RELLA MAE CORPORATION SHELIKOF LODGE ADMIN OFFICE 4128 148TH AVE, NE REDMOND, WA 98052 MIKE & JANE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 GORM VISFELDT PO BOX 2893 KODIAK, AK 99615 JAMIN EBELL BOLGER & GENTRY 323 CAROLYN ST KODIAK, AK 99615 u-t3ERT & JANETBANE 304 WILSON ST KODIAK, AK 99615 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE, AK 99513 SHIRLEY HEGLIN P.O. BOX 1043 KODIAK, AK 99615 NEIL & JUNE SARGENT 303 WILSON KODIAK, AK 99615 "`IMMUNITY BAPTIST CHURCH BOX 887 KODIAK, AK 99615 MICHAEL OTTO 1422 E. REZANOF DR KODIAK, AK 99615 MIKE & JANE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 BENNY & KATHRYNDAQUILANEA P.O. BOX 789 KODIAK, AK 99615 JOAN MANN THOMAS 45 AVENUE DEL NORTE SAN ANSELMO, CA 94960 CHARLES & PATRICIA HILL 323 ERSKINE AVE KODIAK, AK 99615 ROLLAND JONES PO BOX 375 KODIAK, AK 99615 CY F HOEN ETAL 117 LOWER MILL BAY RD KODIAK, AK 99615 LILA LESTER P.O. BOX 845 KODIAK, AK 99615 MARYA NAULT P 0 BOX 922 KODIAK, AK 99615 THOMAS & CHERYL MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 NESTOR & GERTRUDE ROY 417 MILL BAY RD KODIAK, AK 99615 WILLIAM HALL 3219 E. MOUNTAIN VISTA DR PHOENIX, AZ 85048 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 DAVID & SUSANOLSEN P.O. BOX 163 KODIAK, AK 99615 MCDONALD'S CORP 209 THORSHEIM ST. KODIAK, AK 99615 MCDONALDS REAL ESTATE CO PO BOX 66207 AMF, O'HARE CHICAGO, IL 60666 SUPERIOR BUILDING SUPPLY 840 K ST - STE 200 ANCHORAGE, AK 99501 THOMAS THISSEN 316 MILL BAY RD KODIAK, AK 99615 JAMES E EGGEMEYER TRUST P.O. BOX 965 KODIAK, AK 99615 JACK & DIANE MANN P.O. BOX 245 KODIAK, AK 99615 ROLLAND & HAZEL JONES PO BOX 375 KODIAK, AK 99615 VICKI VANEK P 0 BOX 1163 KODIAK, AK 99615 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE, AK 99524 JACK & JOAN MANN P.O. BOX 245 KODIAK, AK 99615 DANIEL & KAYWASHBURN 956 MAGNOLIA LN TACOMA, WA 98465 MARYA SPRINGHILL NAULT P.O. BOX 922 KODIAK, AK 99615 SUNG KIM P.O. BOX 769 KODIAK, AK 99615 CREDIT UNION 1 3500 EIDE ST ANCHORAGE, AK 99503 ANNA FURROW ETAL 216 E. REZANOF DR KODIAK, AK 99615 LAWRENCE MALLOY ETAL PO BOX 2034 KODIAK, AK 99615 MARYA NAULT P 0 BOX 922 KODIAK, AK 99615 JOEL & DARLENEWIERSUM PO BOX 1676 KODIAK, AK 99615 HAZEL ARDINGER 1710 MILL BAY RD KODIAK, AK 99615 MARY JANE PEDIANGCO 2265 BEAVER LAKE DR KODIAK, AK 99615 MARYA NAULT P 0 BOX 922 KODIAK, AK 99615 JAMES & LINDA KOOB 109 NATALIA WAY KODIAK, AK 99615 ALVIN DRABEK P.O. BOX 261 KODIAK, AK 99615 PETER & SARAH RAMAGLIA P.O. BOX 335 KODIAK, AK 99615 BRYAN & KATRINA FERRIS 3408 HARLEQUIN CT KODIAK, AK 99615 C & R DAVIDSON FAMILY TRUST P 0 BOX 2097 KODIAK, AK 99615 KEVIN & CINDY BRENNICK PO BOX 8973 KODIAK, AK 99615 CHRISTIAN SCIENCE SOCIETY PO BOX 1697 KODIAK, AK 99615 MARK BUCKLEY ETAL P 0 BOX 649 KODIAK, AK 99615 CY F HOEN ETAL 117 LOWER MILL BAY RD KODIAK, AK 99615 GARY & RITA STEVENS P.O. BOX 201 KODIAK, AK 99615 ELKS LODGE #1772 PO BOX 846 KODIAK, AK 99615 FAATUPU Z. ROE P.O. BOX 8301 KODIAK, AK 99615 ERIC & ERICA ABERLE 225 UPPER MILL BAY RD KODIAK, AK 99615 TONYA BROCKMAN ETAL 171 OTTER AVE KODIAK, AK 99615 ERIC WALTENBAUGH 210 E. REZANOF DR KODIAK, AK 99615 PHYLLIS & CECIL SHOLL P.O. BOX 681 KODIAK, AK 99615 JAMES PEARSON ETAL PO BOX 669 RENTAL KODIAK, AK 99615 TODD & CECILE HINER P.O. BOX 671 KODIAK, AK 99615 ARNOLD TWETEN PO BOX 853 KODIAK, AK 99615 ..AWN & MEGANHOLLAND PO BOX 8228 KODIAK, AK 99615 JOHN & BARBARA ANTHONY 210 HILLCREST ST W KODIAK, AK 99615 RONALD & JUDITH ACARREGUI PO BOX 8204 KODIAK, AK 99615 ANDREW & ALICE CRAWLEY 120 W REZANOF KODIAK, AK 99615 " IE PEARSON N. REZANOF DR KUDIAK, AK 99615 DAVID CHATFIELD 208 REZANOF DR KODIAK, AK 99615 MARYA SPRINGHILL NAULT P.O. BOX 922 KODIAK, AK 99615 DANIEL & BETHANDAVIS PO BOX 3543 KODIAK, AK 99615 DUANE & NANCYFREEMAN 1720 SIMEONOFF ST KODIAK, AK 99615 CECIL SHOLL ETAL P.O. BOX 681 KODIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 RICHARD & JANA TURVEY PO BOX 161 KODIAK, AK 99615 GABRIELLE LEDOUX 1414 KOUSKOV ST KODIAK, AK 99615 CLARENCE MCCLAREN 37895 STERLING HWY ANCHOR POINT, AK 99556 RICHARD BERG 6217 NE LINCOLN PLACE POULSBO, WA 98370 SUNSET DEVELOPMENT CO ATTN: REILLY MORTGAGE GROUP PO BOX 560807 DALLAS, TX 75356 MARY CAULFIELD 65174 HIGH RIDGE DR BEND, OR 97701 RICHARD KNOWLES 5240E 41ST AVE ANCHORAGE, AK 99508 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 RICHARD BERG 6217 NE LINCOLN PLACE POULSBO, WA 98370 COMMUNITY BAPTIST CHURCH P.O. BOX 887 KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 BRENT WATKINS 307 CHILDS DR KODIAK, AK 99615 ST HERMANS PASTORAL SCH 414 MISSION ST KODIAK, AK 99615 STORMY & LOUISE STUTES PO BOX 170 KODIAK, AK 99615 FILOMENO & ANNA BRAVO 103 CENTER ST KODIAK, AK 99615 JOCENE WARNECKE PO BOX 313 KODIAK, AK 99615 NATIVES OF KODIAK INC 215 MISSION RD, STE 201 KODIAK, AK 99615 KODIAK COUNCIL /ALCOHOLISM 115 MILL BAY RD KODIAK, AK 99615 ALASKA COMMERCIAL COMPANY REAL EST. & STORE DEVELOPMENT 77 MAIN ST WINNIPEG, MANITOBA, CA R3C2R1 WILLIAM HARTMAN 412 SARGENT ST KODIAK, AK 99615 STATE OF ALASKA/DOT PO BOX 196900 ANCHORAGE, AK 99519 MARK MAJDIC ETAL PO BOX 4174 KODIAK, AK 99615 JOYCE GREGORY P.O. BOX 104 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 JOHN & JUDITH JOHNSON 236 W. REZANOF DR KODIAK, AK 99615 GENENEIVA PEARSON P.O. BOX 669 KODIAK, AK 99615 DALK, LLC 201 CENTER AVE. KODIAK, AK 99615 STEVEN & SUNGKIM P.O. BOX 769 KODIAK, AK 99615 JOHN HANSEN PO BOX 663 KODIAK, AK 99615 STATE OF ALASKA POUCH Z JUNEAU, AK 99811 JEFFREY & ANGELA JOHNSON 211 W. HILLCREST ST KODIAK, AK 99615 KASHEVAROFF ASSOCIATES C/O CHERRIER KING & CHERRIER PO BOX 1621 KODIAK, AK 99615 JERIMIAH MYERS PO BOX 1948 KODIAK, AK 99615 HARBOR ENTERPRISES INC P.O. BOX 389 SEWARD, AK 99664 GERALD MARKHAM 518 W MARINE WAY, STE 205 KODIAK, AK 99615 J & D LAND MANAGEMENT, LLC PO BOX 313 KODIAK, AK 99615 CHRISTIE CHERNOFF PO BOX 2192 KODIAK, AK 99615 FRANCIS COSTELLO PO BOX 4451 KODIAK, AK 99615 KODIAK COUNCIL /ALCOHOLISM 115 MILL BAY RD KODIAK, AK 99615 JOHN FLETCHER PO BOX 927 KODIAK, AK 99615 KODIAK PLAZA I INC ATTN: JIM DAVIS P 0 BOX 2042 KODIAK, AK 99615 CHANNEL SIDE SERVICES, LLC PO BOX 4174 KODIAK, AK 99615 CHARLES WALKER ESTATE C/O ARLENE CHERNOFF SKINNER P 0 BOX 2280 KODIAK, AK 99615 VICTOR & CONSTANCE DOWNING 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK REAL EST.& INVEST. INC. 202 CENTER AVE #101 KODIAK, AK 99615 PHILLIP & KATHRYN ANDERSON 323 MAPLE AVE KODIAK, AK 99615 KODIAK PLAZA ASSOCIATES CHERRIER KING CHERRIER PO BOX 1621 KODIAK, AK 99615 PATRICIA OLSEN PO BOX 1014 KODIAK, AK 99615 FIRST NAT'L BANK ALASKA ACCOUNTING /REPORTING UNIT P.O. BOX 10 -0720 ANCHORAGE, AK 99510 ALLAN THIELEN 318 W HILLCREST ST KODIAK, AK 99615 DIANA MACDONELL PO BOX 4302 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 LIEF NORMAN TRUST P 0 BOX 9046 KODIAK, AK 99615 P " ' KWACHKA . :OPE ST. KUDIAK, AK 99615 JEROME & ELIZABETH BONGEN PO BOX 3523 KODIAK, AK 99615 LUXURY IMPORTS OF ALASKA, LLC 6700 ROUNDTREE DR ANCHORAGE, AK 99507 MARY MONROE LIVING TRUST 308 COPE ST KODIAK, AK 99615 LESLIE & MARYJAMES PO BOX 536 KODIAK, AK 99615 DUKE & DONNA JONES P.O. BOX 1604 KODIAK, AK 99615 ERIC & SUSAN BLANKENBURG P O BOX 3315 FRIDAY HARBOR, WA 98250 KEY BANK OF ALASKA C/0 1ST AMERICAN TAX VALUATION PO BOX 560807 DALLAS, TX 75356 -0807 JANE SAUER 1436 "0" ST ANCHORAGE, AK 99501 ROBERT & DENISE LACHOWSKY 315 COPE ST KODIAK, AK 99615 BARBARA ZIMMERMAN ETAL P.O. BOX 1157 KODIAK, AK 99615 THE STRAUT BUILDING, LLC PO BOX 193 OLD HARBOR, AK 99643 CHRISTINA & SCOTT LYNCH 11175 LAKE ORBIN DR KODIAK, AK 99615 HENRY'S GREAT ALASKAN REST 512 W. MARINE WAY KODIAK, AK 99615 RUSSIAN ORTHODOX CHURCH PO BOX 210569 ANCHORAGE, AK 99521 BARBARA ZIMMERMAN ETAL P.O. BOX 1157 KODIAK, AK 99615 SWEENEY CAPITAL INC 508 W MARINE WAY KODIAK, AK 99615 ALAGNAK INC P.O. BOX 1275 KODIAK, AK 99615 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 TRAVIS STARK ETAL 1817 SELIEF LANE KODIAK, AK 99615 HARRY & HAZEL ARDINGER 1710 MILL BAY RD KODIAK, AK 99615 DONALD S DUMM ETAL PO BOX 1903 KODIAK, AK 99615 RUSSELL & EDNA WELBORN REV LIVING TRST 505 38TH ST ANACORTES, WA 98221 WADE & SHERRY BALL PO BOX 3361 KODIAK, AK 99615 MONTE & SANDRA NEDROW PO BOX 8983 KODIAK, AK 99615 GLENN & VIRGINIA BETH DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 SHOONAQ TRIBE OF KODIAK 312 W. MARINE WAY KODIAK, AK 99615 LANA JANE MONTEIRO PO BOX 1072 KODIAK, AK 99615 UNITED STATES OF AMERICA USFW /DIVISION OF REALTY 1011 E. TUDOR RD ANCHORAGE, AK 99503 ALASKA STATE BLDG AUTH P.O. BOX 230329 ANCHORAGE, AK 99523 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 GEORGE M HANSEN PO BOX 1141 KODIAK, AK 99615 MONTE & SANDRANEDROW P 0 BOX 8983 KODIAK, AK 99615 ALASKA REAL ESTATE CO GARY GILBERT POBOX74 KODIAK, AK 99615 ROBERT & DENISE LACHOWSKY 153 PARKS LANE KODIAK, AK 99615 WILLIAM & TERESA BISHOP 302 MARINE WAY KODIAK, AK 99615 LEIF & ARLENE BROCKMAN PO BOX 99 BLACHLY, OR 97412 AMERICAN LEGION INC 318 CENTER AVE KODIAK, AK 99615 ISLAND FISH CO., LLC 317 SHELIKOF ST KODIAK, AK 99615 RIKA SUENDER P.O. BOX 134 KODIAK, AK 99615 THOMAS & BETTY WALTERS P.O. BOX 3336 KODIAK, AK 99615 SUSAN JEFFREY P.O. BOX 3363 KODIAK, AK 99615 KURT R ERIKSSON PO BOX 1552 SOLDOTNA, AK 99669 GUYNETH GOTTSCHALK REVOCABLE TRUST C/0 ASSOCIATED ISLAND BROKERS 202 CENTER AVE. STE. 101 KODIAK, AK 99615 MICHAEL RESOFF PO BOX 911 KODIAK, AK 99615 AMERICAN LEGION INC 318 CENTER AVE KODIAK, AK 99615 MARK ANDERSON 1124 STELLER WAY KODIAK, AK 99615 CHRISTOPHER WING PO BOX 2827 KODIAK, AK 99615 LELAND JAMES 4635 - 194TH AVE SE ISSAQUAH, WA 98027 NATIONAL BANK OF ALASKA C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD, CA 92018 ELKS LODGE #1772 P.O. BOX 846 KODIAK, AK 99615 NORMAN URSIN SR P 0 BOX 99350 SEATTLE, WA 98199 P & W INVESTMENTS LLC 317 SHELIKOF ST KODIAK, AK 99615 ALASKA FRESH SEAFOODS IN 105 MARINE WAY KODIAK, AK 99615 TRIDENT SEAFOODS CORP 5303 SHILSHOLE AVE NW SEATTLE, WA 98107 BJM, LLC P.O. BOX 4174 KODIAK, AK 99615 Regular Meeting of July 5, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 9.B State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Tony's Liquore Store Liquor o- uor License, Package Store License #1156, from Tony's Inc. t �v�sl itt 5.01.030 New license and transfer procedure. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. The City of Kodiak Police Department had not received any calls for service to the Tony's Liquor Store in the last year. There are no trouble reports and no Borough interest can be protected by protesting the transfer. 216 Public hearing notices were mailed, none returned. APPROVAL FOR AGENDA: k Recomme ded motion: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Bo Transfer of Ownership of Tony's Liquore Store Liquor License, Package Store License #1156, from Tony's Inc. to Nikkia Atkins. Member /Officer /Director: DOB Address Phone Title /Shares ( %) Nikkia Atkins 7/8/76 Afognak Lodge Seal Bay, AK 99697 907- 486 -6442 President & 34% Carl Gatter 9/15/70 3240 e 42 Ave Anchorage, AK 99508 907 - 351 -4597 Secretary /Treasurer & 33% George Gatter 5/17/69 PO Box 93 Old Harbor, AK 99643 907 - 286 -2264 Member & 33% Corp /LLC Agent: Address Phone Date and State of Limited Partnership Good standing? Nikkia Atkins 8300 King St Anchorage, AK 99518 907 -952- 9738 10/4/06 AK Yes ')ate of Notice: May 22, 2007 Application Type: NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address: Telephone #: EIN: City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 None 1156 Package Store Tony's Liquor Store. Tony's Inc 518 Marine Way State of Alaska Alcoholic Beverage Control Board X TRANSFER X Ownership Location Name Change PO Box 589 Kodiak, AK 99615 907 - 952 -9738; 907 - 486 -9489 Fax None at this time 20- 5655768 ECE1WEEN MAY 222001 BOROUGH CLERK'S OFFICE Please note: the Members/ Officers /Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. If transfer application, License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: * *Date of Birth Doing Business As current license information: 1156 Tony's Liquor Store Tony's Inc 518 Marine Way Restaurant Designation Permit Application will be sent via US marl ORIGINAL APPLICATION MUST BE RETURNED. Luca! Governing Body - New Formal Page 1 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance witl AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ Jane Hannan Jane Hannan Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 06/08/2007 14 :25 9074868023 05/25/2007 13:14 907 -486 -9391 May 25, 2007 City of Kodiak KPD Dispatch 217 Lower MIII Bay Road Kodiak, AK 99615 Dear Sergeant Hatfield: The Alaska Beverage Control application for transfer F_ram: License #: 1156 License Type: Package Store D.B.A.: Tony's Liquor Store Licensee: Tony's Inc Location: 518 Marine Way Per K1BC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license' the clerk shall check with the state troopers on the number of trouble reports at the place of business. Please complete the following information for our records. 0 There were no trouble reports for this place of business. There were of trouble reports for this place of business. (rn,moerl Please fax your response to the Borough Clerks office at 486-9391. Ccti.C,� u � a iivici,_, c:�`IL r= ' f KODIAK POLICE DEPT BOROUGH CLERK Kodiak Island Borough Office of the Borough Clerk 710 Mall Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 SEP4111q122 Board has noticed the Kodiak Island Borough of a liquor license To: License #: 1156 License Type: package Store D.B.A.: Tony's Liquor Store Licensee/Applicant: Nildda Atkins Location: 518 Marine Way 11 osic boroughlCLV _FCENSES\20071TRNSFR- Torrsoe Liquor Storo\FA)fTOCITYPOLICE.00c PAGE 01 PAGE 01 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, June 21, 2007, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application for transfer: From: License #: 1156 License Type: Package Store D.B.A: Tony's Liquor Store Licensee: Tony's Inc. Location: 518 Marine Way To: License #: 1156 License Type: Package Store D.B.A.: Tony's Liquor Store Licensee /Applicant: Nikkia Atkins Location: 518 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kib.co.kodiak.ak.us, fax to (907) 486- 9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, June 21, 2007. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: This second notice of public hearing is being sent to you due to the cancellation of the June 21, 2007 meeting. The Assembly will hold the public hearing on Thursday, July 5, 2007. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, July 5, 2007, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application for transfer: From: License #: 1156 License Type: Package Store D.B.A: Tony's Liquor Store Licensee: Tony's Inc. Location: 518 Marine Way Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier ©kib,co.kodiak.ak.us, fax to (907) 486- 9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, July 5, 2007. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: To: License #: 1156 License Type: Package Store D.B.A.: Tony's Liquor Store Licensee /Applicant: Nikkia Atkins Location: 518 Marine Way map Fiscal Notes: FY2008 ❑ n/a Account No. 100 - 160 - 448 -362 Expenditure Required: $43,000 ❑ n/a Amount Budgeted: $43,000 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Item No.13.A.1 Contract No. FY2008 -01 Economic Development Services for FY2008 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce. The Kodiak Island Borough has participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Kodiak Island Borough and the City of Kodiak has been used to establish an Economic Development Specialist position at the Chamber. This position ensures that the Kodiak Island Borough is provided with economic development expertise and support. The position is responsible for meeting, planning and reporting requirements established by the Federal Economic Development Administration and for supporting the Kodiak Comprehensive Economic Development Strategy (CEDS) Committee. This contract would renew this relationship for the 2008 fiscal year. The duties to be accomplished for this period are spelled out in the attached agreement document. Staff recommends approval of the contract. Recommended motion: Move to authorize the Manager to execute Contract No. FY2008 -01 Economic Development Services for FY2008 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce in the Amount of $43,000. ECONOMIC DEVELOPMENT PROGRAM AGREEMENT Y 2DO 8r THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and the Kodiak Chamber of Commerce (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide economic development activities. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide an economic development committee and staff to focus on economic development planning and project development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will provide staff who will serve on the economic development committee drawn from the Kodiak Island community with representatives from the City of Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and with the Kodiak Chamber of Commerce. Staff will work with the Committee to accomplish the following tasks identified in the document, such as: a. Actively pursue business opportunities within the newly activated Foreign Trade Zone. b. Actively pursue business opportunities created by the completion of the Kodiak -Kenai Cable Company, LLC fiber optics project. c. Work with the Kodiak Branding and Marketing Committee in their efforts to develop and implement a marketing plan and quality assurance program for Kodiak seafood. d. Work with the National Marine Fisheries Service, University of Alaska Fishery Industrial Technology Center, and local processors to achieve stability and diversification in the fish processing industry by encouraging secondary and value -added processing, harvesting of under - utilized species, and by maximizing by- product utilization. e. Work with the Kodiak Island Convention and Visitors Bureau to transform the visitor industry into a significant component of the Kodiak Region's economy. Provide results of data to the business community on the project that measures visitor satisfaction of travelers exiting Kodiak Island via the Alaska Marine Highway System. f. Participate on the Kodiak College Advisory Council fostering their goals to provide higher education options and opportunities for Alaskans. g. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native Association, and other organizations to encourage entrepreneurship and assist small business development h. Continued participation and involvement with Southwest Alaska Municipal Conference in their efforts to bring economic stability to the region. i. Work with educational institutions, public funding entities and industry to develop a comprehensive economically sustainable fisheries research facility in Kodiak; j. Explore new employment and business opportunities related to the Kodiak Launch Complex; Attest: k. Explore ways of enhancing Kodiak's position as a regional transportation hub. 1. Assist in the economic development of Kodiak Region outlying communities. A minimum of four Comprehensive Economic Development Strategy committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all activities of the contractor will be submitted to the Borough Manager following each meeting. Section 3. TERM. This agreement will remain in effect July 1, 2007 through June 30, 2008, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $43,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $10,750.00 on the second Friday of July and October 2007, and January and April 2008. IN WITNESS WHEREOF the parties have executed this Agreement on this day of June 2007. KODIAK ISLAND BOROUGH KODIAK CHAMBER OF COMMERCE r Rick Gifford, Borough Manager De ora King, Executive irector Borough Clerk Fiscal Notes: ❑ n/a Account No. 277 - 287 - 448 -364 Expenditure Required: $50,000 ❑ n/a Amount Budgeted: $50,000 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Staff recommends approval of the contract. Item No. 13.A.2 Contract No. FY2008 -02 Destination Marketing and Tourism Development Services for FY2008 Between the Kodiak Island Borough and the Kodiak Island Convention & Visitors Bureau. The Kodiak Island Convention and Visitors Bureau (KICVB) has been providing destination marketing and tourism development for the Kodiak Island Borough for several years. Funding support from the Borough and the City of Kodiak has been used to support the KICVB. The Borough funds the KICVB from the Borough's bed tax revenue. This contract would renew this relationship for the 2008 fiscal year. The duties to be accomplished for this period are spelled out in the attached agreement document. Recommended motion: Move to authorize the Manager to execute Contract No. FY2008 -02 for Destination Marketing and Tourism Development Services for FY 2008 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau in the Amount of $50,000. cty 2,0a -Q2, DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and the Kodiak Island Convention & Visitors Bureau (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide a Marketing Committee (KICVB Board of Directors) and one full time equivalent to focus on destination marketing and tourism development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide b. Continue to provide information about the Kodiak region to the traveling public c. Maintain and staff the Kodiak Visitor Center d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs f. Continue work with the communities of the Kodiak Island Borough to determine the role tourism does and can play in the individual community economy g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy h. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents i. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry j. Develop a travel press kit to be available on the kodiak.org website, develop a distribution plan for the kit to various travel media k. Explore new employment and business opportunities related to the Kodiak visitor industry 1. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region m. Work with the Kodiak Branding and Marketing Committee to develop cooperative marketing opportunities in culinary tourism n. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry A minimum of four Marketing Committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all marketing activities of the contractor will be submitted to the Borough Manager on a quarterly basis. An annual report to the Kodiak Island Borough Assembly shall be presented each spring. Section 3. TERM. This agreement will remain in effect July 1, 2007 through June 30, 2008, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $50,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $12,500.00 on the second Friday of July and October 2007, and January and April 2008. IN WITNESS WHEREOF the parties have executed this Agreement on this day of June 2007. KODIAK ISLAND BOROUGH KODIAK ISLAND CONVENTION & VISITORS BUREAU Rick Gifford, Borough Manager Attest: Borough Clerk E ecuti PanrF�eman, ve Director Fiscal Notes: ❑ n/a Account No. 244.226.446.110 /120/125 Expenditure Required: $ ❑ n/a Amount Budgeted: ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Item No. 13.A.3 Contract No. FY2008 -03 Monashka Bay Road Service Area Road Maintenance and Repair, Snow Removal and Sanding The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Monashka Bay Road Service Area. One bid was received from TC /MK Enterprises. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid was provided to the Monashka Bay Road Service Area Board for review and the Board voted to recommend award ( "acceptance ") of the bid proposal from T.0 /M.K. Enterprises, for the time period of July 1, 2007 to June 30, 2009, based on the Bid Schedule provided in the bid. The contract will name M.K. Enterprises, LLC as the contractor of this work, and all invoicing, etc. will be provided through this contractor. APPROVAL FOR AGENDA: Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -03 with M.K. Enterprises, LLC of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and M.K. Enterprises, LLC. of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, for the period of July 1, 2007 to June 30, 2009, described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area Contract No12008 -0 in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said M.K. Enterprises, LLC. has hereunto set its hand and seal, the day and year first above written. \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 1 of 4 KODIAK ISLAND BOROUGH M.K. ENTERPRISES, LLC. By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 3 of 4 contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law MK Enterprises, LLC. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 4 of 4 Type of Labor or Description, Age, & Rental and/or Equipment Condition of Equipment Labor Rate /Hour 155< HP GRADER C A'/- t O 6 156> HP GRADER 00,41 -7up inti 1w) !/ &r>>s, Pk„,) / 9qi 6c6d 8 -10 CY S 4 ./qt >8 -10 CY SANDER 10 -12 CY END DUMP / DUMP WITH TILT DECK ZeDOI 600c/ ' ��.5 `° - 7.7,L- 1 9q 6e /r FRONT END LOADER 1 Y2 - 4 'h CY PICKUP WITH LABORER F"- z,sC 6 GYM: F-757) .41 ' • LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT 19F9 Cote /5:5 /q91_ Gerd 4 /, /Qcl'g 6fr. 1 /95'9 cd ZCC9 (y a{ / 999 Grx %•"' ciC 4 zsC.`` Presently Owned Or Rented (circle one) OI/ R 0/R \ \Dove \Departments \EF \Service Districts \Monashka Bay Service Area Board \Road Maintenance Contract 2007 -09 \Bid Schedule 2007.doc Page 1 of 5 R O/R 4/ R 0/R OJ/ R 0/R 0)1 R O/R 0) /R Q/R O/ 0/R R 0/R oil 0/R ICE THAWING EQUIP (STEAM GENERATING) WATER TR1JCK 100+ GAL • vs VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" eS!c 5 75> HP DOZER LABOR RATE l A. k_ 35?2 I99V- Good RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP MISCELLANEOUS EQUIP Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT (Proposer: Please attach additional pages if necessary) X75• °O DUC ^A 9 to Cccc /15o �O R O/R /4/5 t 1 / ( ;45" omo4b - /sos 19cc Good z�c 4 s/�"c'G SANDING MATERIAL $ per Cubic Yard $ per Ton 1/4" Rock Chips / 9 ° D -1 9./0 \ \Dove \Departments \EF \Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007 -09 \Bid Schedule 2007.doc Page 2 of 5 O /(R; O/R O)/ R Off/ R 0 O/R O/R O/R O/R O/R O/R O/R O/R The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ $L . per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus /0 percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2007 through June 30, 2009. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Description, Age, & Rental and/or Equipment Condition of Equipment Labor Rate /Hour 155< HP GRADER / 19F:9 Gcorl 156> HP GRADER kO 8 -10 CY SANDER >8 -10 CY SANDER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT 10 -12 CY END DUMP / DUMP WITH TILT DECK 7= ?oc; “13 A FRONT END LOADER 1 1/2 - 4 'h CY PICKUP WITH LABORER i"- z.s0 REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply 1491 enact 6c<xd /."; . 6 c zoo/ Cad /9q6, (mod Z&QO 666c1 /5G \\Dove \Departments \EF \Service Distri cts \Monashka Bay Service Area Board \Road Maintenance Contract 2007 -09 \Bid Schedule 2007.doc Page 3 of 5 Presently Owned Or Rented (circle one) O) /R O/R 0)/ R O/R 0)/ R O/R O) /R O/R •/R O)/ R F"- zs0 /9 99 C ad LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) )(4 WATER TRUCK 100+ GAL 5t9 600 VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP /SS LABOR RATE MISCELLANEOUS EQUIP Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT / 99 o &X1 /99 J 9 9() ZI w \\Dove \Departments \EF\Service Districts \Monashka Bay Service Area Board \Road Maintenance Contract 2007 -09 \Bid Schedule 2007.doc Page 4 of 5 OJl/ R O/R O/R O/R O CR O/R O (R O/R O�l O/R O)/ R O/R O/R O/R Oy R O/R MATERIAL Recycled Asphalt Pavement (RAP) $ per Ton (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ _ X30 ' 06 per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus i 0 percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. {Seal, if proposal is made by a Corporation) Bid Schedule MAINTENANCE RATES LABOR AND EOUIPMENT TO BE USED ON PROJECT 4/ 4 Respectfully Submitted: By: Title: ✓ P Date: 5 07 Business Address: Telephone: Alaska Contractor's License Number: 0/z/ Expires: / 2 f.5 /7GS" Alaska Business License Number: / 695c Expires: / Z/...3//6 S O/R O/R O/R KODIAK ISLAND BOROUGH PROPOSAL of 7C G c NAME OF CONTRACTOR /1� k p t s , ,C C ADDRESS U- ,Z33 j&L, 4, ,¢K Q is To the Borough Manager of the Kodiak Island Borough: The Undersigned proposes to furnish all labor and equipment required in the Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the General Specifications; and that he has made a personal examination of the site of the work and that he is to furnish all labor and equipment specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required within 10 days or such further time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, the said Borough Manager may proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within ten (10) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of contract expiration 30 June 2009. The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (Give number and date each. If not received, write in the word "NONE "). ADDENDA DATE ISSUED ADDENDA DATE ISSUED Signature: Date: . J \ \Dove\Departments \EF\Service Districts \Monashka Bay Service Area Board \Road Maintenance Contract 2007- 09\Proposal 2007.doc Page 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2005 Item No. 13.A.4 Contract No. FY2008 -04 Purchase of a Dump Truck for Landfill Operations The landfill has two International dump trucks, a 1991 and 1994, which are used to haul bales and cover material respectively. Staff is proposing to replace the older of the two trucks which is six years past its useful life and fully depreciated. Future maintenance /repair costs will only increase in order to keep the truck up and running. The City mechanic found the condition of the truck to be poor. Cost estimates for the repair of one of the problems identified will be approximately $10,000. The cost to repair the truck, as well as the down time, will outweigh the cost to depreciate a newly purchased truck. Garbage bales require cover at the end of every working day per ADEC regulations. Due to the volume of garbage it would be extremely difficult to operate with one truck. If only one truck was working the increase in personnel costs will be approximately $67,740 annually. The cost to lease a truck will be approximately $3,750 /month with a 12 month commitment or $45,000 for the year. Foam filled tires would have to be purchased at a cost of approximately $3,200. Add to this the potential of 2 months downtime before a leased vehicle could be delivered will increase personnel costs, in overtime, of approximately $11,290 for a total of $59,490. Last year staff recommended the purchase of two dump trucks in order to avoid the upcoming ultra low sulfur fuel emission standards for trucks manufactured in 2007 (2008 models). A number of companies and municipalities purchased vehicles with the "dirty" engines prior to the new standards impacting them. In fact, this was the reasoning behind the recent purchase for the two new vehicles at the Bayside Fire Department. Bids were requested for 2007 (regular "dirty" engine) and 2008 (ultra low sulfur "clean" engine) models in hopes that there were some 2007 engines still out there. Bids were received from: TrailerCraft as an approved substitute — Freightliner, 2007 model ( "dirty ") in the amount of: $103,704 Cascadia International, LLC — International Truck, 2008 model ( "clean ") in the amount of: $99,458 - $5,000 (trade in of old vehicle) = $94,458 [Alaska Truck is willing to include a trade in for the old truck at a value of $5,000 which will reduce the purchase price and the annual depreciation cost.] During a recent site visit, managers of the Fairbanks landfill stressed the importance of purchasing equipment that staff is familiar with. This decreases down time for maintenance and repair. KIB landfill staff has done an exemplary job of maintaining the existing International vehicles for them to have lasted as long as they have. Because landfill staff is most familiar with International trucks, bids were requested for International vehicles. However, staff included "or a pre- approved equivalent" statement in the RFQ. There are a number of entities on- island that have recently purchased International trucks including the City of Kodiak, B &R Fish and Red Hook Construction. Continued on next page. Fiscal Notes: ❑ n/a Account No. 530 - 164 -110 Expenditure Required: $94,458 ❑ n/a Amount Budgeted: ❑ n/a The International truck cost Tess and is heavier than the Freightliner. It has features which are not included in the Freightliner bid. For example, the bed thickness is greater, heavier duty frame and a high lift gate allowing quicker loading and unloading of bales. While the Freightliner meets the specifications it is essentially the basic, stripped -down Tight version. The estimated fuel consumption is 300 gallons per year. A verbal quote of $4.50 /gallon was given as the expected cost for the new "clean" fuel. It is recommended that the truck from Cascadia International, LLC be purchased, FOB Kodiak, in the amount not to exceed $94,458. APPROVAL FOR AGENDA: Recommended motion: Move to authorize the manager to execute Contract No. FY2008- 04 with Cascadia International, LLC of Anchorage, Alaska in the amount not to exceed $94,458. DATE: TO: FROM: RE: MEMORANDUM June 14, 2007 Rick L. Gifford, Manager Woody Koning, Director rneering and Facilities Purchase a Dump Truck for Landfill Operations The baler facility requires two dump trucks to operate legally and efficiently. ADEC requires bales of garbage to be covered with rock at the end of each day, which calls for two trucks to be working simultaneously- one hauling bales while the other is hauling rock for cover material. A local heavy equipment mechanic evaluated the oldest truck to be in poor condition with a good engine and a fair frame (see Randy Erickson's report); suggesting the probability of a major breakdown is high. Staff recommends a new truck be purchased to minimize the risk of equipment failure and the additional costs associated with repairs and downtime. For example, in the likely event of transmission failure, KIB will face the following options: 1. REPAIR/REPLACE TRANSMISSION • REPAIRS $10,000 repair transmission • OVERTIME WHILE DOWN $5,645 /month x 2 months = $11,290 ANNUAL ESTIMATE $21,290 2. LEASE A TRUCK • LEASE TRUCK (1Year Minimum) $3,750 /month x 12 months = $45,000 • OVERTIME WHILE DOWN $5,645 /month x 2 months = $11,290 • FOAMFILLED TIRES $3,200 ANNUAL ESTIMATE $59,490 3. DO NOT REPLACE TRUCK — ADD OVERTIME OR STAFF • OVERTIME WHILE DOWN $5,645 /month x 12 months = $67,740 OR • HIRE SWINGSHJFI OPERATOR $80,590 annually ANNUAL ESTIMATE ....... ....$67,740 OR $80,590 If KIB chooses to purchase the new truck the estimated additional costs, which the budget will easily accommodate, are as follows: • NEW TRUCK COST • ANNUALIZED FOR 10 YRS • ADDITIONAL COST OF "CLEAN" FUEL ANNUAL ESTIMATE KODIAK ISLAND BOROUGH Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9343 (p) (907) 486 -9394 (1) wkoning @kib.co.kodiak.ak.us $94,458 total cost 9,446 annually 1,000 annually $10,446 If KIB chooses not to purchase the new truck and no major breakdown occurs with the old truck, the only additional costs to the landfill will be the staff time and down time expenses needed to perform minor repairs, which are likely to increase with the aging equipment and are impossible to estimate. CONCLUSION: There is need for a new truck regardless what the A -Z study may recommend. It may take most of the year for any recommendations to come out of the study. The proposed truck purchase is the fiscal option of least risk to keep the landfill operating legally and efficiently. n Inspection Report. 5 -29 -07 1991 International 4700 Dump Truck. VIN # 1HTSHNZR7NH418504 Located at Borough Bailer Facility. Scale for rating as follows. Excellent- Good - Fair -Poor. The truck as of 5 -29 -07 has 4201 hrs and 17200 miles. Body. Poor Interior. Poor Frame Fair Frame mounted accessories . steps, battery box, tanks - -oil and fuel. Poor Box. Poor Steering assembly. Poor Drive train Poor Transmission Poor Engine Good Brake components Poor Comments: The Engine is strong- Transmission is slipping -Right side steering box needs repair - Steering components worn -Box is deteriorating. Randall 0. Erickson Figure 1 -1991 Baler Dump Truck; Body Poor Condition Figure 2 — Overview of Engine; Good Condition Page 1 of 5 Figure 3 — Rear Differential (Drive Train); Poor Condition Figure 4 — Rear Axle & Brake Assembly; Poor Condition Page 2 of 5 Figure 5 — Frame & Underside of Box; Fair & Poor Condition respectively Figure 6 — Underside of Box; holes through to the inside of box; Poor Condition Page 3 of 5 Figure 7 — Steering Assembly; Poor Condition Figure 8 — Interior of truck; Floorboards rusting through; Poor Condition Page 4 of 5 Figure 9 — Body damage; Frame Mounted accessories, steps, battery box on driver's side; Poor Condition; Frame mounted accessories, steps and fuel tank on passenger side in similar condition. Figure 10 — Interior of box; holes through underside of box from Figure 6; re- plated section corroding and wearing through the bottom, holes apparent ; Poor Condition Page 5 of 5 photo Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Item No. 13.A.5 Contract No. FY2008 -05 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2007 -2008. Attached is the Agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center ( "Contractor ") setting forth the terms and conditions pursuant to the Contractor providing mental health services for the Kodiak Island Borough schools. The Contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. FISCAL NOTES: ACCOUNT NO. 100- 180 - 430 -165 N/A EXPENDITURE REQUIRED: $381,350 AMOUNT BUDGETED: $381,350 APPROVAL FOR AGENDA. 14,:Afre Recommended Action: Move to authorize the manager to execute Contract No. FY 2008 -05 with Providence Kodiak Island Counseling Center for school year 2007 -2008 in an amount not to exceed $381,350. MENTAL HEALTH SERVICES THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ( "Borough ") and Providence Health System Washington dba Providence Kodiak Island Counseling Center. ( "Contractor ") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WITNES SETH Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2008, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 10 day following the end of each month to the Borough Manager and the School District Superintendent. Futhermore, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2007 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2007 and ending June 30, 2008. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak Island Borough and Providence Health System - Alaska. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1, 2007 of $95,337.50 for a total fiscal year 2008 contract amount of $381,350. IN WITNESSETH WHEREOF the parties have executed this Agreement on this day of 2007. KODIAK ISLAND BOROUGH Rick Gifford, Borough Manager ATTEST: Borough Clerk Providence Health System - Washington, dba Providence KodiakCounseli Center Represent KODIAK ISLAND BOROUGH SCHOOL DISTRICT /PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2007 -2008 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in -kind budget agreement between the KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. Services include: SERVICES 1. Mental Health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators. 4. Assistance in the development of behavioral management strategies for identified students. 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. Critical Incident Debriefing. 9. Psychiatric evaluation services (3 hours per month). 10. Services during summer school. 11. Availability for staff training upon request. 12. Availability for parent training upon request. COLLABORATION To foster good communication and collaboration between KIBSD and PKICC, a Core Group representing administrative and counseling staff will meet monthly throughout the year. STAFFING PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Clinical Director /Board Certified Psychiatrist, other multi - disciplinary team members, and the PKICC Director. *The School Clinician Program will be staffed with five Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. *Staff assignments will include tow FTE's in the High School /Learning Center, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with and agreed upon by the KIBSD Director of Special Services. *PKICC will designate all but one of these positions as ten month paid positions, in accordance with the School Calendar. One School Clinician Program position will be a twelve -month position. *This year Clinician 1's will travel to the villages of Ouzinkie, Port Lions, Old Harbor, Akhiok, Chiniak, Larsen Bay and Karluk each month. Each visit will provide at least one school day of service to students. *To facilitate collaboration and increase support for village school staff Clinician 1's will initiate regular e-mail communication with designated village school staff and structure their schedules to allow for support. Clinician 1's will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. *A Clinician 1 will provide School Clinician Program services during the summer, in town and in a village school as needed. These services will be prioritized for students on Individual Education Programs. *Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short - term or long -term position. *Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. *PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 1 Oth of each month and will be provided to the KIBSD and the KIB. JOB CLASSIFICATIONS AND DEFINITIONS CLINICIAN I Entry -level clinical position providing mental health service to children, adolescents and adults. Caseload is lower and services provided are less complex than Clinician II and III. Provides crises and emergency services as needed. Requires the ability to function with supervision. Is responsible for taking calls for emergencies on a rotating basis. CLINICIAN II Provides quality mental health services to children, adolescents and adults. This is an on -call position that provides crisis and emergency services as needed. Requires the ability to function with supervision. CLINICIAN III Provides complex, high -level mental health services, including crisis and emergency services to adults, adolescents and children. May coordinate or supervise staff. Requires the ability to function independently while communicating and coordinating activities with supervisor or other staff. This in an on -call position. PSYCHIATRIST (Clinical Director) The Clinical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Clinical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high -level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adult$, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Clinical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted mental health practices. Member of agency's Management Team. Provides direct clinical services and emergency on -call coverage on a rotating basis. REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice individual, with parental or guardian consent, for treatment. These services are not provided, as a provision of this agreement and families will make both clinical and financial arrangement directly with that agency or individual. Providence Kodiak Island Mental Health Center will bill individual insurance companies and /or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. School staff, Clinician I's, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. Wel y Jens ., Clinical Director Providence Ko ' k Island Counseling Center Melanie Nelson, Director, LCSW Providence Kodiak Island Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough etty ers, Superintendent Kodiak'Island Borough School District /lp4 4L Heather Wheeler, Director Special Services Kodiak Island Borough School District Ma cCa , LCSW, Supervisor School P gram, Providence Kodiak Island Couns ing Center Regular Meeting of July 5, 2007 Kodiak Island Borough AGENDA STATEMENT Recommended motion: Move to adopt Resolution No. FY2008 -01. Item No. 13.B.1 Resolution No. FY2008 -01 Approving Fiscal Year 2008 Kodiak Island Borough Non - Profit Funding. This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2008 budget to various non - profit agencies. APPROVAL FOR AGENDA: p , KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -01 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 07/05/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2008 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the Community; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough fiscal year 2008 budget includes contributions to non - profit organizations in the amounts indicated on page two of this resolution. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2008 -01 Page 1 of 2 J_ 1— w 0 1- ' ❑ ❑ LL LL cc a 0 co O O N LL ao c Z W Z Z N 69 1 1 1 1 1 1 1 1 1 Z F- 0000000 Yr Q00U)O 0I- N 0000O0O,c0OOO O Z iz W 0 0 0 0 0 0 0 O-- O O O M r 0 O O U) O r r O O N c0 r 0 U) co (f r M N M U) r N V r L ° r4 E9 0 Z LL. Z LL LL �} O 0000000000 U) O OOOOCOOO000 O 0 0 0 0 0 0 0 0 0 U) f� CO U) O 47 r O CO 0) 00 I- O 69M69T N N T- ctE9N69r 69 69. 69 6969-69 69 69 E9 Kodiak Island Borough, Alaska U 0 O U)00000�000L O C)) O O O C0 0- U) CD N CO r O Z U) CO O O O 0 O 4) O f� N M L. Z N M O N CV N d O N O O LL Z O cr O CO O O ' 00 O O O U) ' O CC) O 0) O r (0 N Cd LO U) O CA O r N O Is M N CA N N O N O O a) L C J a c O U a) 0) o U Z c ;�, • v _ > c C c 0 0 N a) F OUW V 2 -0, a) m - > L o >+ o 0 O U) (n 0 U rn v o 0 O N y 2 d - a) tr , co C O • Q - pI- v W-o 0 E c a aa). a) 2 0 w N E Q 0 c E N > C!) O N U) c� o a m < ) C 0- .� ea .0 a) 0 . 1 ,... co s c L E 2 O O O Q O O ca a) C2 L O O a <c=YY u)YY(I)coc�t -2 U J r N M V) 0 ►,- 00 CA O r- N M = r r r r co 0o N E9 O 0 0 O O O 0 0 0 0 0 O CO O 0 0 0 0 0 0 0 0 0 O O C0 O U) O O N O O U) U) U) r M U) N f: U) M r c) Ci h- U) r �- 6• O O O O O 0 0 0 0 0 0 0 0 0 O 000000000064 69 0 CU)000OOOU)0 N I� U) CA d' M d r 4, 69 609. 60 E9 69 E9 CA CO) E9 CD 69 64 O 000- 0C')00000 ' O O O O O N O O O -0 0 O U) O O O CO 0 0 U) O Cfl M r- -d d M cr CV M O 0 0 0 0 LAD 0 0 0 0 ' N L0 0 0 0 V- 0 0 CD 0 NNr aoNMd N r 0) Z 0 E H W 0 it • W 0 Z U • lz cn m < CL C aiSQ Z E - 0 S O .0 O y am 1 O 0) V � -ITC- 0 a - � �w J fY O 03UC/)Cn O V D08 c>0. 0 • - V U ' E 4 0 CZ C O �c�c _ sc H Q F- 0 to C6 0 0 ca C6 as Q Z Q Q 0 0 0 0 0 0 0 0 V Y Y Y Y Y Y Y Y Y Y 0 U) CO f- O CA O r- N M W r T r r r r N N N N O 0 co s c .0) O p 0 Q 't3 U) CO N N Resolution No. FY2008 -02 Page 2 of 2 M N 47 CO 49 M M 0) Q 0 H m N z 0 W re 0 W 0 W J V z 0 Q V 0 W ti CD C o f A co 0) 0) (n U) CO (A U) U) CO fA f ( A (q fn M (n N UU�� fA C (0 (C O C O O O O O m O O m O m 0 0 0 0 0 0 CO N m >, >, >, 0-- >, >. >, >, >, >, >, >, >, c >, >, > >. c >, >, >, >, >, c �c 70 1 7 0 C1 m U) CO U) U) U) CO U) Cl) U) CO U) U) N U) U) U) U) N N •C U) ( > > , c >>, > , > , > , > , > , > , > , >1 > , > , > , > , c c A A > , c >1 > , C c > , iz • •C cl m V U) U) U) CA CO U) U) U) U) U) CO U) y CO U) CO 0 CO U) U) U) U) 0 0 4 ' O O m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C co • C > >, >, >, >, >, > >, >, >, >, >, >, >, >, >, >, > >, >, >, >, >, >, (() 0 Z o F- Z C c, cc ti Z c. Z Z LL N W a LL EA LL W LL V 0: a H o R Z N ▪ 0 co c o 0) H N 0 LL Q I'-. C) O O r ` O N- O O ~ O~~ N O n O O O O O O O O O o 0 0 0 0 0 0 0 O O O O N O O N 0 N N N N 0 O O O N O O O N O O N N O NNN NN NCVCVCVCVN NNN-- NNN NN N ��t3`- 0� �f-r - M O a) et cn 0 0 )t1 o) 0 cn o) 00 co cv 0000000 OOOU)O 00000 (0 000Cfl00v - O O OOOOOOnCOU)C)0 I• O t[) 0 O N N ( 0) N I� O N ER O O O ©O 0 0 NI 0 0 _CO e- ✓ O U) O r f N co' . O O e- M N te) T EA O 0 0 0 0 0 0 0 0 0 0 U) O OOOO(OOO(OO O 000000000U)M N- aoOOU)rO(Do)aO 1-O EAMERr N N r et EANEAr EA ER EA ER EA ER EA fA 0 CD 0 0 0 0 0 ( O (0 (O N a (O Z 'o OD 000OOU)or -O) CD _. L G N ( ) C' N et Oi N (O O Z Q D 1"' W 0 0 et 0 (0 0 0 ' (0 0 0 0 10 ' 0 ▪ Z U) O a0 O 0) O r et CO N 00 s U) O O O r N O N- is CO I— Z N M� O NN et O N� O W D co co N N N 0, O(� - 0) i i) Vi ri .- vi v ri Vi w: ER r 00 lY r. (AM a) 'a- r-7 Nri U) • r fA O 0 0 0 0 0 0 0 0 0 0 0 CD O 0 (°() 0 0 0 0 0 0 0 0 0 EA E19 O • to coER 69CR ((0 EA EA ER O O O O O M O 0 0 0 0' O O O O O N O 0 0 0 0 O U) O O O (0 O O (n 0 (O N Me7 NM ✓ '- 0, O 0 0 0 0 0 0 0 0 0'' O O O O O M O 0 0 0 N U) OOOr00 UP CD N: C (ONMetN r ER Q 0 1- /� ' W 03 . co O C O O O uL F H . @ Z F- o ft V 0 Lk OC W • >- 0 w W J c ' otJQ E • ca m 33 01 v w W rg — m om °j I-- c J °S CI (a m 2 If o I- 5 a d — Q - V vU EU U 51 V U) n8 a c 0 0 c 0 Ac V U� o z N@ N ' 3)" c C) 7 a. U_ 0 x'e 23 =2 H c aZ F a m C O . 03 . o CO " m m m m DQ F Q 'fl 0 0 '5 'o v '0 -o a) Q • o o o0m. Y Y Y Y Y Y 0 Y Y Y o Q CI D W e- e- e- e- e- e- N N N N N N N W O M r O O V O) O W O M ti in O iA O (O 00 U1 M fA CO e- ff} e- Nf fA !R M N N (O I0 M M Oi Regular Meeting of July 5, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 13.B.2 Resolution No. FY2008 -02 Declaring Surplus to Borough Need a Portion of Tract A, U.S. Survey 3463, to Allow for the Fair Market Value of a 30 -Foot Wide Non - Exclusive Access and Maintenance Easement to Serve Lots 1A, 1B, and 2A, Block 6, Miller Point Alaska Subdivision First Addition, and Authorizing the Borough Manager to Negotiate the Easement Directly with the Petitioners. SUMMARY STATEMENT: The KIB Planning and Zoning Commission approved the above referenced disposal of interest in Borough land by easement for fair market value after a public hearing held April 18, 2007. The Kodiak Island Borough Assembly is the applicable body to review and decide the disposal request in accordance with the following standards: Kodiak Island Borough Code Section 18.20.030 states: 18.20.030 Review by planning commission -- Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposal that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. Attached is a copy of the Planning and Zoning Commission recommendation, hearing decision letter, applicable minutes of the September 20, 2006 Regular Meeting of the Planning and Zoning Commission, and staff reports for Planning and Zoning Commission Case No. 07 -001. FISCAL NOTES [X] N/A Expenditure Required $0.00 Account General Fund N/A Recommended motion: Move to approv - ' esolution No. FY2008 -02. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -02 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 07/05/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING SURPLUS TO BOROUGH NEED A PORTION OF TRACT A, U.S. SURVEY 3463, TO ALLOW FOR THE DISPOSAL FOR FAIR MARKET VALUE OF A 30 FOOT WIDE NON - EXCLUSIVE ACCESS AND MAINTENANCE EASEMENT TO SERVE LOTS 1A, 1B, AND 2A, BLOCK 6, MILLER POINT ALASKA SUBDIVISION FIRST ADDITION, AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE THE EASEMENT DIRECTLY WITH THE PETITIONERS WHEREAS, KIB Code 18.20.120 allows the Borough Assembly to authorize the Borough Manager to negotiate directly with parties interested in acquiring an interest in Borough land; and WHEREAS, KIB Code 18.20.060 allows citizens to apply for disposal of Borough land; and WHEREAS, KIB Code 18.20.090 allows citizens to bid for disposal of Borough land subject to a development plan; and WHEREAS, the Planning and Zoning Commission determined by resolution that certain land in Tract A, U.S. Survey 3463 is surplus to the borough's need; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: A 30 foot wide portion of Tract A, U.S. Survey 3463, as described in the Planning and Zoning Commission Resolution dated April 18, 2007 and further described in the staff report for Case 07 -022, which has historically provided access to Lots 1A, 1B and 2A, U.S. Survey 3463 is hereby declared surplus to borough need and authorized for disposal by a non - exclusive easement to the petitioner for fair market value. Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioner Wallace Fields, subject to the stipulations contained in Section 3 below and other relevant provisions of KIBC Title 18. Section 3: The Assembly hereby acknowledges the recommendation of the Planning and Zoning Commission in its resolution forwarded to the Assembly: 1. The disposal of a 30 foot wide non - exclusive access easement to serve Lots 1A, 1B and 2A, Block 6, Miller Point Subdivision First Addition will be surveyed and recorded by the petitioner as a 20 foot wide easement for driveway access and an additional five (5) foot maintenance easement on each side centered along the existing driveway alignment. 2. The petitioner shall arrange for the disposal area to be surveyed and easement documents suitable for recording prepared which shall be subject to the approval of the Borough Manager. Kodiak Island Borough, Alaska Resolution No. FY2008 -02 Page 1 of 2 3. The petitioner shall arrange for an appraisal of the easement area (based on the survey data and conditions referenced above) and submit that information to the Borough Manager for review and approval prior to recordation of the easement. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -02 Page 2 of 2 Introduced by: P &Z Commission Requested by: Wallace Fields. Drafted by: Staff Introduced: 05/17/2007 Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION OF RECOMMENDATION A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING THE DISPOSAL OF AN EASEMENT INTEREST IN BOROUGH LAND FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the land is considered to be surplus to the Borough's need; and, WHEREAS, the Planning and Zoning Commission held a public hearing on April 18, 2007, to consider the land disposal request made by Wallace Fields for a land disposal at fair market value; and, NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots 1 A, 1B and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. The disposal of a 30 foot wide access easement for the non - exclusive use of Lots 1A, 1B and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. \\ Dove\ departments \CD\Assembly \Resolutions\2007 Resolutions \07- 022_Fields Land Disposal.doc 1of2 The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended for approval by the Kodiak Island Borough Assembly. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, THIS EIGHTEENTH DAY OF APRIL, 2007. David King, Chair ATTEST: Sheila Smith, Secretary \\ Dove\ departments \CD\Assembly \Resolutions\2007 Resolutions \07- 022_Fields Land Disposal.doc 2of2 : q i .....:. 1 it (i l r, t\d .,. V I I i 0 wuj V i g: i ', —I ..:r. 1 • 0 (a. --- \„, \ t. i .. 1 l• / I \ 1 ',,,,t.t3,1 ki — , i; \ f,i V I '. ' I r •--- _ • •-• p April 18, 2007 • and to adopt those Findings of Fact contained in the staff report dated February 27, 2007, as Findings of Fact for Case No. 07 -020. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Constance Jenson spoke opposing this request. Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0. COMMISSIONER CARVER MOVED to defer Findings of Fact until the next regular meeting. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. C) Case 07 -022. Request a Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. Staff reported the request is to lease or get an easement of approximately 1,500 square feet. It only affects a small portion of the greenbelt, which is located on Lilly Drive where Island Lake Creek flows underneath. The driveway has been there since the 70's or early 80's,and the residences have been there since the 80's. It hasn't interfered with the Borough's trail. The driveway seems to be a part of the trail as it leads to Lilly Drive and across the street. Staff recommended approval of this disposal. In order to meet uniform fire code requirements they need at least a 25 foot swathe and perhaps additional room for maintenance. Stipulations that were recommended with this disposal did include a 5 foot maintenance easement provision on either side. It will be the responsibility of the property owner to arrange for surveying and appraisal of this easement interest. Staff has recommended approval subject to stipulations. Staff did a site visit and the topography is just too steep and there is no way to access these properties direct from the road. COMMISSIONER JANZ MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots IA, IB and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. P & Z Commission Meeting Minutes Page 2 of 8 April 18, 2007 • The disposal of a 30 foot wide access easement for the non - exclusive use of Lots 1A, IB and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended for approval by the Kodiak Island Borough Assembly. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Howard Weston recommended the Planning & Zoning Commission prevent this from happening in the future. Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -0. D) Case S07 - 012. Request preliminary approval, in accordance with KIBC 16.40, to allow the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. The replat also includes 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 lines configuration. Dvorak reported the petitioner made this request to straighten out lot boundaries. It doesn't create any new lots and he believes it's intended to conform these lot lines to the prevailing topography and straighten out the utility easements for better utilization. There is the canting of one property line that intersects with the City boundary but by rotating it a few degrees it will now coincide with the City boundary. Staff recommended approval of the preliminary plat, and staff recommended approval of the vacation of easement. A discussion of the property. COMMISSIONER CARVER MOVED TO GRANT preliminary approval for the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: P & Z Commission Meeting Minutes Page 3 of 8 April 20, 2007 Mr. Wallace Fields PO Box 1691 Kodiak, AK 99615 • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FILE COPY Re: Case No 07 -022. A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. Dear Mr. Fields, The Kodiak Island Borough Planning & Zoning Commission at their regular meeting on April 18, 2007, moved to forward the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030: Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots 1A, 1B and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. The disposal of a 30 foot wide access easement for the non - exclusive use of Lots 1A, 1B and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended for approval by the Kodiak Island Borough Assembly. N: \CD \P &Z Commission \P &Z Meetings \FY 2007 P &Z\10Apri1\07 -022 Land Disposal \07 -022 Ltr to Appl re resol.doc 1 oft This item is tentatively scheduled to appear before the Borough Assembly at their May 17, 2007, regular meeting. Please confirm this with the Borough Clerk, Nova Javier, at (907) 486 — 9310, no sooner than five (5) working days from the date of this - correspondence. If you have any questions regarding the Commission's actions, please contact the Community Development Department at (907) 486 — 9363. Sincerely, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mlvdick(a)kib.co.kodiak.ak.us (907) 486 - 9361 for Duane Dvorak, Acting Director Community Development Department. N: \CD \P &Z Commission \P &Z Meetings \FY 2007 P &Z\10Apri1\07 -022 Land Disposal \07 -022 Ltr to Appl re resol.doc 2of2 FILE COPY Introduced by: P &Z Commission Requested by: Wallace Fields. Drafted by: Staff Introduced: 05/17/2007 Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION OF RECOMMENDATION A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING THE DISPOSAL OF AN EASEMENT INTEREST IN BOROUGH LAND FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the land is considered to be surplus to the Borough's need; and, WHEREAS, the Planning and Zoning Commission held a public hearing on April 18, 2007, to consider the land disposal request made by Wallace Fields for a land disposal at fair market value; and, NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots 1A, 1B and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. The disposal of a 30 foot wide access easement for the non - exclusive use of Lots 1A, 1B and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. \\ Dove\ departments \CD\Assembly \Resolutions\2007 Resolutions107- 022_Fields Land Disposal.doc 1of2 David King, Chair • The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended for approval by the Kodiak Island Borough Assembly. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, THIS EIGHTEENTH DAY OF APRIL, 2007. ATTEST: C)nedin, Sheila Smith, Secretary \\ Dove\ departments \CDWssembly \Resolutions \2007 Resolutions \07- 022_Fields Land Disposal.doc 2of2 9 g d' b � M1 m USS 3 Current Location P & Z Case # 07 -022 Wallace Fields A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463 Legend Subject Parcel Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # O7 -4J22 Wallace Fields A Title 18 Land Dispo according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463 1 1 C:11 Subject Parcel Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone 500 Feet 1,000 2,000 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. DATE: April 11, 2007 TO: Planning and Zoning Commission FROM: Community Development Departme STAFF: Duane Dvorak, Associate Planner SUBJ: Information for the April 18, 2007 R ular Meeting CASE: 07 -022 5. Lot Size: 6. Existing Land Use: 7. Surrounding Land Use and Zoning: Case 07- 022 /Staff Report MEMORANDUM Public Hearing Item VI -C APPLICANT: Wallace Fields REQUEST: A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. LOCATION: United States Survey 3463, a Portion of Tract A. ZONING: PL — Public Use One Hundred Five (105) public hearing notices were mailed on March 27, 2007. Date of site visit: April 6, 2007 1. Zoning History: Tract A was zoned PL- Public Use by Ordinance No. 68 -16 -0 2. Location: Southwest corner of Tract A, Miller Point Subdivision First Addition. 3 Physical: Located at the west end of the Island Lake Creek greenbelt near its intersection with Lilly Drive. 4. Legal: Portion of Tract A, Miller Point Alaska Subdivision First Addition, located within U.S. Survey 3463 1,500 square feet (requested disposal area) Vacant/Greenbelt Abutting & adjacent lands to the north are zoned RR -1 Rural Residential Zoning District, and the predominate use is single family residential. Page 1 of 5 P & Z: April 18, 2007 Applicable Code Provisions 18.20.170 Definitions. As used in this chapter: A. "Borough land" means any real property or interest therein owned by the Kodiak Island Borough; B. "Contract" means .... "; C. "Disposal" means any transfer of real property authorized under this title; and D. "Real property" means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. (Ord. 80 -28 -0 §1(part), 1980). Per Kodiak Island Borough Code 18.20.030 Review by planning commission -- Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposal that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. (Ord. 80 -28 -0 §1(part), 1980). COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location 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 Case 07- 022 /Staff Report • • Public Hearing Item VI -C Abutting & adjacent lands to the west are zoned PL — Public Use & the use is vacant. Abutting & adjacent lands to the south is zoned RR -1 Rural Residential One and the predominate use is single - family residential. Abutting & adjacent lands to the west are zoned RR -1 Rural Residential Zoning District, and the predominate use is single family residential. Page 2 of 5 P & Z: April 18, 2007 Case 07- 022 /Staff Report • • STAFF COMMENTS Public Hearing Item VI -C 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: No 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Yes 5. Wetlands Filling and drainage 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 Commercial /Industrial Development N /A: This action does not involve commercial or industrial development This request is for the acquisition of an access easement over a portion of unsubdivided Borough land. The applicant is an abutting property owner who indicates in the application that the lots have had some form of historical access in this location dating back as far a 1977. This situation is not significantly different from the easement at the other end of the greenbelt on Lot 7A; Block 7 Miller Point Subdivision First Addition. There are utility easements coinciding with a portion of this driveway and it appears from the field visit that the driveway is incorporated into the Island Lake Trail system. Page 3 of 5 P & Z: April 18, 2007 Staff looked at the properties to determine if alternate access could be obtained directly from Lilly Drive as indicated on the plat. Staffs impression of the actual topography observed in the field is that direct access is not reasonably feasible. Staff believes that the easement should be granted specifically for the three Tots referenced in the amended to request which indicates that Lot 2B -1 is sold to an adjoining land owner and it will have access through that owner's original parcel. Driveways providing access for three or more dwellings must meet the access standards of the Uniform Fire Code (UFC). Reducing the number of lots served by this driveway improves the situation somewhat. The UFC generally requires the driveway to be at least 20 feet wide graveled and well drained with an area suitable for turning around a typical piece of fire equipment so that equipment need not be backed out on a long driveway after an emergency response. In this regard it appears that an easement should be at least 20 feet wide if not 30 feet wide in order to allow for snow storage and or drainage improvements. Staff has no preference between a disposal for fair market value as discussed or an alternative land trade as suggested by the petitioner. Given that petitioner is unlikely to get an exclusive easement due to the need to maintain access to the Island Lake Trail, it does not seem prudent to investigate a fee simple land swap. This is based on the fact that land swaps are not based upon square footage but upon appraised value. The fact that the driveway has been in this location since the late 1970's is an indication that granting the easement will not substantially affect the recreational or open space values of the Island Lake Creek greenbelt. Case 07- 022 /Staff Report • • Public Hearing Item VI -C Page 4 of 5 P & Z: April 18, 2007 Case 07- 022 /Staff Report • • RECOMMENDATION Staff recommends forwarding this request for disposal of an interest in Borough lands to the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Public Hearing Item VI -C MOTION: Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots 1A, 1B and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. The disposal of a 30 foot wide access easement for the non - exclusive use of Lots 1A, 1B and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby not recommended for approval by the Kodiak Island Borough Assembly. Page 5 of 5 P & Z: April 18, 2007 April 6, 2007 Kodiak Island Borough Assembly & Planning and Zoning Commission 710 Mill Bay Road Kodiak, Alaska 99615 Dear Assembly and Commission members, RE: Lilly Drive, Tract A, Lot 2B -1, Block 6 I am including some supplemental information regarding recent developments in connection with my property on Lilly Drive. Since my first letter, I have initiated discussions with the owners of Lot 3A -2, who would like to purchase Lot 2B -1 (which is adjacent to their property). As part of this agreement the current road and utility easements across Lot 2B -1 would be vacated and access would be from their property. Since it will be necessary to do survey work and drawings to accomplish this, and may require P &Z approval, I would like to include in our discussions how we can proceed in a way that will expedite the work that needs to be done. I have included a drawing of Lot 2B -1 which shows the easements that would be vacated. I am reluctant to complicate the discussion, but thought it prudent to bring this to your attention and see if it would be possible to include it in our dialogue and any survey work that will be required. Thank you for your consideration and as always, I will be happy to address any questions or concerns. Sincerely, 4,S(2,-t-X Wallace Fields • • Wallace Fields P.O. Box 1691 Kodiak, AK 99615 486 -8370 wfields@a,gci.net r., E • APR - 6 2007 t.._.d._ J 7c. DEVELOPMENT iEPr:: : ?, ME ' K 0 ,,.y41 "2.74 MP) \ \ `.■ \ tr■Iy ‘, \ ■ 1 , •••• ' vt ( !, C s e y *1- tz( r o / /-\ 44, +1_ < t , C t V? # , , 1/ 0 f t ( 1 1 e A 04/05/2007 08:02 4868. Date March 27, 2007 To: Sheila Smith, Community Development Department Secretary From: Mark Kozak, Public Works Director / t Subject: Review of Case S07 -022 r _ . L � tY ; ' Based on the mailer Case 07 -022 it is not possible to tell what area of Tract A, USS 3463 Wallace Fields is asking to either lease or land trade. I spoke with Duane Dovorak with the Community Development department and by his understanding it is the area that is used currently to access the Field's property. The City has no objection to lease or sale as long as no further filling or widening of the driveway access occurs. The City has a sewer main that crosses Lilly Drive and continues down through the green belt to Antone Way. This sewer main runs along the back of the property within the green belt area. However if the driveway moves or widens then fill could cover the existing manholes. APR - 5 2007 • MUNI N DEVELOPMENT DE1'ATil,:1,' PUBLIC WORKS DEPARTMENT 2410 MILL BAY ROAD KODIAK, ALASKA 99615 TELEPHONE (907) 486 -8060 FAX (907) 486 -8066 PAGE 01 This notice is being sent to you because our records indicate you are a property owner /interested party in the area o the request. If you do not wish to testify verbally, you may provide your comments in. the space below, or in a letter to the Community Development Department rior to the meeting. If you would like to fax comments to your us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -800- 478 -5736. One week prior to the regular meeting, on Wednesday, April 11, 2007 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. i 1 ` /�'�l�.n... Your Name: , i�L��t�� Mailing Address: _ / J , U r rT / � lip , Your property description. — ... _ +. . Comments: `' / �. w . l _ / / ' .._ Y w� __.• -.. -1-' -, _ • .Y_. J ./ . ._!� • FROM : ART ZIMMER CASE: APPLICANT: REQUEST: LOCATION: • ZONING: • • FAX NO. : 9074865832 Apr. 11 2007 11:18AM P1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 18, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: 07 -022 Wallace Fields A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value or by land trade of a 1 s _ ft portion of Tr A, U.S.S. 3463. - " - - U.S.S. 3463, a Portion of Tract A PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, April 11, 2007 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. R. ! Q Your Name: fq r e1 C) id H } V � 6-e n Mailing Address: I . ' Z [', }� A-Q om/ ] l/ p Your property desc�. tion: r—c I1 r 4 C_ � _ `_ _� • Comments: �i . ,, -, . V _ • �_ � _ � u1 . . . / I b 4 46 0/ h '- ie5 - 1- : el- ei — .t.e.d -19- U55 3 L u j a I! \ i L L I, APK — 4 2007 t _H_ rrtj MUNfTY DEVELOPMENT DLl'i - ?t ire, ADIAK ISLAND BORAH COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,. April 18, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 07 -022 Wallace Fields PL- Public Use Land 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. U.S.S. 3463, a Portion of Tract A This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, April 11, 2007 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. '~ Your Name: k `L � � � i� d i t � �'�( aiIingAddress: � L "L CO �.t�f �h e � tt� ( (� i. / o L't lc (4St s `t Lam- /, / (4,c.,S, Your property description: 1.. + ` . t i3 `1(5 S 1, -ar i y`-<_ Comments: , . i F Jf . • i , _, MAR 2 9 2007 t i k 1 _ _. .......... (1' *MUNET" DEVELOPMENT DEPi':?ThA "r CASE: APPLICANT: REQUEST: LOCATION: ZONING: IADIAK ISLAND BORAH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 18, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: 07 -022 Wallace Fields A Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. U.S.S. 3463, a Portion of Tract A PL- Public Use Land Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Appointing Members to the Joint Fisheries Advisory Committee. The Kodiak Island Borough Assembly and Kodiak City Council met on June 19, 2007. The consensus was to appoint the following to the Joint Fisheries Advisory Committee. Interest Group Large Pot Vessels Large Trawl Vessels Large Longline Vessels Jig Vessels Crewmembers Large Processors ADF G Advisory Committee Business Community (non fishing related) Conservation Community Small Pot Vessels Small Trawl Vessels Small Longline Vessels Salmon /Herring Net Vessels Kodiak Rural Communities Small Processors Lodge Charter Boat Operators Citizen at Large Member Jeffrey Stephan Jim Hamilton Chris Holland Chuck Thompson Steve Branson Julie Bonney Oliver Holm Rolan Ruoss Theresa Peterson Norman Mullan Jay Stinson Alexus Kwatchka David Woodruff Alan Austerman Item No. 13.B.3 Resolution No. FY2008 -03 APPROVAL FOR AGENDA: 41' Y Recommended motion: Move to adopt Resolution No. FY2008 -03. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -03 Introduced by: Manager Gifford Requested by: Assembly Drafted by: City Manager Introduced: 07/05/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING MEMBERS TO THE JOINT FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007 -38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex- officio non - voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008 -03 Page 1 of 2 Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Jim Hamilton Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman MuIlan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon /Herring Net Vessels Kodiak Rural Communities Small Processors David Woodruff Lodge Charter Boat Operators Citizen at Large Alan Austerman ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -03 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Item No. 13.B.4 Resolution No. FY2008 -04 Appointing Members to the Kodiak Fisheries Development Association. The Kodiak Island Borough and City of Kodiak have jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by- laws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and Kodiak City Council. The following individuals are appointed as Directors of the Kodiak Fisheries Development Association, with the noted terms: City Appointees: Crab Processor Rep. - David Woodruff (7/10) (reappointment) Crab Harvester Rep. - Jeffrey Stephan (7/08) (continuing appointment) Joint Appointees: Stosh Anderson (7/10) (reappointment) Donna Jones (7/08) (continuing appointment) Laine Welch (7/08) (continuing appointment) Borough Appointees: Crab Processor Rep. - Tuck Bonney (7/09) (reappointment) - see note below Crab Harvester Rep. - Jerry Bongen (7/09) (reappointment) Note: The KIB Clerk's office is required by code to advertise Mr. Bonney's seat. We will let you know before the regular meeting if any other applications are turned in. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2008 -04. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -04 City Appointees: Crab Processor Rep. - David Woodruff (7/10) (reappointment) Crab Harvester Rep. - Jeffrey Stephan (7/08) (continuing appointment) Joint Appointees: Stosh Anderson (7/10) (reappointment) Donna Jones (7/08) (continuing appointment) Laine Welch (7/08) (continuing appointment) Borough Appointees: Crab Processor Rep. - Tuck Bonney (7/09) (reappointment) Crab Harvester Rep. - Jerry Bongen (7/09) (reappointment) Introduced by: Manager Gifford Requested by: Assembly Drafted by: City Manager Introduced: 07/05/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING MEMBERS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea /Aleutian Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and WHEREAS, under the Program Kodiak is designated as an eligible crab community (ECC) and in connection with such designation, the Kodiak Island Borough and City of Kodiak have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares PQS allocated under the Program; and WHEREAS, to exercise their ECC ROFR the Kodiak Island Borough and City of Kodiak have jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE) having the authority to do so on their behalf; and WHEREAS, the by -laws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and Kodiak City Council; and WHEREAS, the by -laws of the KFDA further state "Directors shall be appointed by joint resolution of the Borough Assembly and City Council. Appointments shall take place annually, at July meetings of the Borough Assembly and City Council. Directors shall have staggered three (3) year terms of office, assigned by a random selection method at the first Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year. Directors shall serve until their successors are appointed and qualified." NOW THEREFORE BE IT RESOLVED by the Assembly of the Kodiak Island Borough that the following individuals are appointed as Directors of the Kodiak Fisheries Development Association, with the noted terms: Kodiak Island Borough, Alaska Resolution No. FY2008 -04 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -04 Page2of2 Meeting of July 5, 2007 ITEM NO. 13.C.1 Kodiak Island Borough AGENDA STATEMENT Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Approved State Grants and Moving Money Between Projects. This Ordinance sets up project number 05022, Kodiak Middle School Seismic Upgrade. The total cost of this project is estimated to be $2,638,633 and it will be funded by a combination of State Grants, savings from other projects, and a use of interest earnings. In Fund 495, $125,000 is taken out of project 05021, CHC architectural /engineering work. The Kodiak Island Health Care Foundation will manage the accounting of the design of the Community Health Center project. Instead of transferring this money to the Borough, the Kodiak Island Health Care Foundation will manage the money themselves. $5,100 is moved frbPn Health and Social Services t Education, Culture and Recreation to cover deficit. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2008 -01A in first reading to advance to public hearing on July 19, 2007. CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -01A Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 7/5/2007 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2008 -01 FISCAL YEAR 2008 BUDGET BY BUDGETING FOR GRANTS, MOVING MOVEY BETWEEN PROJECTS, AND CHANGING BUDGETS FOR TWO GENERAL FUND DEPARTMENTS WHEREAS, it is estimated that the Kodiak Middle School Project will cost approximately $2,691,633, and WHEREAS, the Assembly desires to allocate $5,100 more to Health and Social Services and that amount is available in the Education Culture and Recreation Department, and WHEREAS, the Borough will be receiving a FEMA Seismic Grant for $938,000; and WHEREAS, the Borough is receiving an Alaska Legislative grant for $653,000; and WHEREAS, the Assembly funded $390,000 towards seismic repairs in the FY2007 budget; and WHEREAS, $80,000 is available in project 05010, Kodiak High School asbestos and floor covering; and WHEREAS, $330,000 is available in project 05011, district wide floor covering; and WHEREAS, $150,000 is available in project 05014, Kodiak High School /Kodiak Middle School roof repair; and WHEREAS, there is $150,000 available for appropriation in Fund 410 due to interest earnings, and WHEREAS, the Kodiak Island Health Care Foundation will manage the accounting of the design of the Community Health Center; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The FY2008 budget will be amended per the attached schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 1 of10 CORRECTED VERSION FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,773,010 0% 8,773,010 Boat & Motor Vehicle Tax 276,450 276,450 0% 276,450 Payment in Lieu of Taxes 814,000 814,000 0% 814,000 Severance Taxes 1,270,530 1,270,530 0% 1,270,530 Penalties & Int on tax 175,000 175,000 0% 175,000 Licenses and Permits 91,500 91,500 0% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 571,286 571,286 0% 571,286 Raw Fish Tax 950,000 950,000 0% 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 1,000 0% 1,000 Interest Earnings 400,000 400,000 0% 400,000 Miscellaneous 54,200 54,200 0% 54,200 Use of Fund Balance 554,975 554,975 0% 554,975 Sale of Fixed Assets - Transfer In Total 14,310,026 14,310,026 0% 14,310,026 Expenditures: Borough Assembly Borough Manager Borough Clerk Borough Attorney Finance Department Management Information Services Assessing Department Engineering/ Facilities Dept Community Development Building Official Economic Development General Administration Emergency Preparedness School District Support Health and Sanitation 180,910 180,910 0% 180,910 373,985 373,985 0% 373,985 398,510 398,510 0% 398,510 130,000 130,000 0% 130,000 699,788 699,788 0% 699,788 531,420 531,420 0% 531,420 436,364 436,364 0% 436,364 111,432 111,432 0% 111,432 757,810 757,810 0% 757,810 132,765 132,765 0% 132,765 75,000 75,000 0% 75,000 324,170 324,170 0% 324,170 8,800 8,800 0% 8,800 9,662,622 9,662,622 0% 9,662,622 227,620 227,620 0% 5,100 232,720 Animal Control 72,380 72,380 0% 72,380 Culture and Recreation 87,000 87,000 0% (5,100) 81,900 Colledge and Libraries 93,000 93,000 0% 93,000 Transfers Out 6,450 6,450 0% 6,450 Total 14,310,026 14,310,026 0% 14,310,026 Fund 205 Child Care Assistance Program Revenue 77,000 77,000 0% 77,000 Expenditures 77,000 77,000 0% 77,000 Fund 210 Land Sales Revenue 96,700 96,700 0% 96,700 Expenditures 96,700 96,700 0% 96,700 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 2 of10 CORRECTED VERSION FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 449,810 449,810 0% 449,810 Transfers in 220,000 220,000 0% 220,000 Use of Fund Balance 121,400 121,400 0% 121,400 Total Revenues 791,210 791,210 791,210 Expenditures Borough Building 406,610 406,610 0% 406,610 MHCApartments 11,000 11,000 0% 11,000 School Buildings 347,000 347,000 0% 347,000 Parks 26,600 26,600 0% 26,600 Total Expenditures 791,210 791,210 0% 791,210 Fund 230 Coastal Management Revenues 24,000 24,000 0% 24,000 Expenditures CMG Regular 24,000 24,000 0% 24,000 Total Expenditures 24,000 24,000 0% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 17,800 E.O.P. Grant - - - Revenues 17,800 17,800 17,800 Expenditures Expenditures -LEPC 17,800 17,800 17,800 Expenditures -FEMA grant - - - Total Expenditures 17,800 17,800 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 125,532 0% 125,532 Expenditures 125,532 125,532 0% 125,532 Fund 242 Service District No. 1 Revenues 220,000 220,000 0% 220,000 Expenditures 220,000 220,000 0% 220,000 Fund 243 Service Area No. 2 Revenues Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 43,175 0% 43,175 Expenditures 43,175 43,175 0% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 5,700 0% 5,700 Expenditures 5,700 5,700 0% 5,700 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 3 of10 CORRECTED VERSION FY2008 Adopted As of Difference Budget Revised Budget 07/01107 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 426,500 0% 426,500 Expenditures 426,500 426,500 0% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 93,010 0% 93,010 Expenditures 93,010 93,010 0% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 14,230 0% 14,230 Expenditures 14,230 14,230 0% 14,230 Fund 260 Woodland Acres Street Lights Revenues 6,000 6,000 0% 6,000 Expenditures 6,000 6,000 0% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,800 0% 3,800 Expenditures 3,800 3,800 0% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,050 0% 3,050 Expenditures 3,050 3,050 0% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 39,880 39,880 Expenditures 39,880 39,880 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 69,460 0% 69,460 Expenditures 69,460 69,460 0% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 2,000,000 0% 2,000,000 Expenditures/Transfers Out: Building Insurance 220,000 220,000 0% 220,000 Debt Service 922,250 922,250 0% 922,250 Capital Projects Fund 410 700,000 700,000 0% 700,000 Contengencies - inflation proofing 157,750 157,750 0% 157,750 Total Expenditures 2,000,000 2,000,000 0% 2,000,000 Fund 277 Tourism Development Revenues 50,000 50,000 0% 50,000 Expenditures 50,000 50,000 0% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 437,000 0% 437,000 Expenditures 437,000 437,000 0% 437,000 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 4 of10 CORRECTED VERSION FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 1,789,310 0% 1,789,310 Interest Earnings 20,000 20,000 0% 20,000 Transfers in General Fund - Education 539,210 539,210 0% 539,210 General Fund - Health Facilities Fund 922,250 922,250 0% 922,250 Hospital Fund 200,000 200,000 0% 200,000 Use of fund balance - - - Total Revenues 3,470,770 3,470,770 3,470,770 Expenditures Expenditures - School Debt 2,699,150 2,699,150 0% 2,699,150 Expenditures - Hospital Debt 765,000 765,000 0% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - - Total Expenditures 3,470,770 3,470,770 0% 3,470,770 83,853,298 83,853,298 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 5 of10 CORRECTED VERSION Capital Projects Fund 410 - Borough Capital Projects: FY2008 Adopted As of Difference Budget 07/01/07 Ok Budget Revised Adjustments Budget Revenues: Interest Earnings 9,080 151,531 (142,451) 1669% 150,000 159,080 Contributions for BMX track 39,670 39,667 3 100% 39,670 Survey Fiber Optic Pass Through Grant 2,473,694 2,466,227 7,467 100% 2,473,694 05022 FEMA KMS Seismic Upgrade - 0% 938,633 938,633 Miscellaneous 0% - Total Revenues 2,522,444 2,657,425 (134,981) 1,088,633 3,611,077 Operating Transfers In: General Fund 512,172 55,000 457,172 11% 512,172 Bayside Fire Department 426,800 426,800 100% 426,800 Facilities Fund 756,384 642,384 114,000 85% 756,384 Total Operating Transfers In 1,695,356 1,124,184 571,172 74% 1,695,356 Total Revenues 4,217,800 3,781,609 436,191 94% 1,088,633 5,306,433 Projects: 85 Village Metals Removal 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 49,278 45,392 72% 94,670 173 Bayside classroom equipment 48,200 48,199 1 64% 48,200 174 Bayside Storage Addition & Engine Bay 426,800 3,173 423,627 1% 426,800 00102 Bayside Underground Electrical 22,000 - 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 28,968 21,032 58% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05001 Survey Fiber Optic Pass Through Grant 2,448,694 2,470,679 (21,985) 2,448,694 05006 HS Pool Filter 60,000 49,698 10,302 83% 60,000 05022 KMS Seismic Upgrade 410/523 0% 1,478;633 1;478,633 05023 Peterson School Upgrade 7,156 (7,156) #DIV /0! - 05025 High School Gym Seismic 4,397 (4,397) #DIV /0! - 06001 Computer Upgrade 114,000 102,222 11,778 114,000 07008 Seismic Repair 390,000 - 390,000 0% (390,000) - 07015 High School kitchen floor 40,000 305 39,695 #DIV /0! 40,000 07016 R and replacement of culverts at Panam 30,000 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 0% 25,000 Tranfer to Fund 430 136,350 136,350 0% 136,350 Other Projects 68,706 68,706 0% 68,706 Total Borough Projects 4,217,800 2,910,077 1,307,723 73% 1,088,633 5,306,433 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 6 of10 CORRECTED VERSION FY2008 Adopted As of Difference Budget Revised Budget 07101/07 % Adjustments Budget Fund 420 -GO Bond Projects: Revenues: Interest Earnings 2,000,000 1,528,890 471,110 306% 2,000,000 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 (0) 100% 9,302,760 Proceeds from bond 20046 Bond Issue 11,050,000 11,052,760 (2,760) 100% 11,050,000 Proceeds from bond 200XX Bond Issue - - - 0% - 22,352,760 21,884,411 468,349 22,352,760 Projects: 03119 New Swimming Pool 6,210,000 783,055 5,426,945 13% 6,210,000 04101 Old Harbor Gym/Voc Ed renovation 2,251,134 2,808 2,248,326 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 1,526 338,357 0% 339,883 04103 Ouzinkie Gym renovation 1,858,255 4,399 1,853,856 0% 1,858,255 05002 Evacuation Center earthquake evaluation 500,000 317,578 182,422 64% 500,000 05009 Kodiak Middle School concrete repair 237,918 8,663 229,255 4% 237,918 05010 Kodiak High School asbestos & floor cov 304,704 212,517 92,187 70% (80,000) 224,704 05011 District -wide floor covering replacement 728,708 146,104 582,604 20% (330,000) 398,708 05012 Kodiak High School heating and ventilatir 250,000 174 249,826 0% 250,000 05013 Kodiak High School insulastion and wind 596,020 4,117 591,903 1% 596,020 05014 Kodiak High School and Middle School rc 523,504 15,628 507,876 3% (150,000) 373,504 05015 High School Voc ed /classroom reclaimati 4,840,788 58,198 4,782,590 1% 4,840,788 05016 East School heating and ventilation 520,000 41,909 478,091 8% 520,000 05017 Learning Center renovation 1,181,336 7,003 1,174,333 1% 1,181,336 05022 KMS Seismic Upgrade 0% 560,000 560,000 Contingencies 2,010,510 2,010,510 0% 2,010,510 22,352,760 1,603,679 20,749,081 8% 22,352,760 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 7 of10 CORRECTED VERSION Transfer from fund 410 Total Revenues FY2008 Adopted As of Difference Budget 07/01/07 Budget Revised Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 976,048 765,352 56% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 100% 560,000 School Repair 252,574 252,574 0% 252,574 Tide Gate 20,000 20,000 0% 20,000 Chiniak Grant 20,000 20,000 0% 20,000 SHSGP Grant 138,151 138,151 0% 138,151 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Kodiak Cadastral Grant 40,000 40,000 0% 40,000 AK Coastal Management 46,000 46,000 0% 46,000 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 0% - 05026 HS Library Wing Seismic Retrofit 465,618 465,618 465,618 07001 Area Wide School Equipment and Suppli 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equip 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 70,000 Emergency Communications and Planing 30,000 30,000 30,000 Transfers in from fund 276 0% Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 136,350 136,350 0% 136,350 8,572,985 1,536,048 7,036,937 31% 8,572,985 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 635,657 260,693 103% 896,350 00100 High School Repair FY00 126,770 126,770 0% 126,770 00104 Tide Gate 20,000 21,074 (1,074) 105% 20,000 02107 ADF &G Research Study 200,000 136,734 63,266 68% 200,000 03114 Coastal Impact Program 319,985 283,395 36,590 89% 319,985 03116 School Repair 125,804 140,222 (14,418) 111% 125,804 03118 Chiniak Multi -use Grant 20,000 11,118 8,882 56% 20,000 04106 SHSGP Grant 138,151 138,151 0% 138,151 05003 Kodiak Cadastral Grant 40,000 74,087 (34,087) 185% 40,000 05005 AK Coastal Management 46,000 53,733 (7,733) 117% 46,000 05019 Homeland Security 17,733 14,102 3,631 #DIV /0! 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 19,583 22,141 47% 41,724 05022 KMS Seismic Upgrade 410/523 123,841 (123,841) 11444### 653,000 653,000 05026 HS Library Wing Seismic Retrofit 465,618 5,252 460,366 465,618 06008 Summit Lake Trail 23,500 4,806 18,694 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 07001 Area Wide School Equipment and Suppli 70,000 70,000 0% 70,000 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 8 of10 CORRECTED VERSION 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equil 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 07014 East Elementary School Siesmic Upgrac School District Computer Grant Emergency Communications and Planing Total Expenditures Total for Project 05022 KMS Seismic Upgrade Fund 4101420/430 FY2008 Adopted Budget 07/01/07 48,000 70,000 25,000 10,000 910,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 8,572,985 As of Difference 48,000 0% 70,000 0% 25,000 0% 10,000 0% 910,000 0% 100,000 0% 500,000 0% 570,000 0% 2,129 306,215 210 138,396 #DIV /0! 70,000 30,000 Budget Adjustments Revised Budget 48,000 70,000 25,000 10,000 (653,000) 257,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 2,462,657 6,110,328 50% 8,572,985 123,841 (123,841) 2,691,633 2,691,633 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 9 of10 CORRECTED VERSION Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Revenues 165 Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Expenditures Fund 495 Hospital Capital Projects Hospital Providence From Facilities Fund Total Revenues 03112 Hospital access and parking, Phase I & II 03113 Specialty Clinic roof repair /replacement 05021 CHC architural Engineering Total Expenditures Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues Expenditures Waste Collection Waste Disposal Total Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings Providence Hospital Lease Transfer in from Fern Fuller Use of Retained Earnings Total Revenues Expenditures and Transfers: Expenditures Total Expenditures Fund 555 - Kodiak Fisheries Research CE Revenues Expenditures Research Facility Dorm Facility Fund 560 - Telephone 911 Service Revenues Expenditures FY2008 Adopted As of Difference Budget 07/01/07 3,000,000 3,000,000 3,000,000 3,000,000 700,000 125,000 125,000 950,000 660,288 79,712 250,000 990,000 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 720,000 66,500 874,350 1,660,850 1,660,850 1,660,850 2,105,019 2,070,519 34,500 2,105,019 69,000 69,000 175,954 79,712 255,666 % 3,000,000 0% 0% 3,000,000 0% 3,000,000 0% 0% 3,000,000 0% 700,000 0% 125,000 125,000 950,000 0% 484,334 25% 199% 250,000 734,334 26% 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 2,070,519 34,500 2,105,019 0% 0% 0% 0% 0% 0% 720,000 0% 66,500 874,350 1,660,850 0% 1,660,850 0% 1,660,850 0% 2,105,019 0% 0% 0% 0% 69,000 0% 69,000 0% Budget Adjustments (125,000) (125,000) Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 10 of10 Revised Budget 3,000,000 3,000,000 3,000,000 3,000,000 700,000 125,000 825,000 660,288 79,712 125,000 865,000 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 720,000 66,500 874,350 1,660,850 1,660,850 1,660,850 2,105,019 2,070,519 34,500 2,105,019 69,000 69,000 Meeting of July 5, 2007 ITEM NO. 13.C.1 Kodiak Island Borough AGENDA STATEMENT Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Approved State Grants and Moving Money Between Projects. This Ordinance sets up project number 05022, Kodiak Middle School Seismic Upgrade. The total cost of this project is estimated to be $2,638,000 and it will be funded by a combination of State Grants, savings from other projects, and a use of interest earnings. In Fund 495, $125,000 is taken out of project 05021, CHC architectural /engineering work. Instead of transferring this money to the Borough, the CHC board will manage the money themselves. APPROVAL FOR AGENDA: d d Recommended motion: Move to adopt Ordinance No. FY2008 -01A in first reading to advance to public hearing on July 19, 2007. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -01A Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 7/5/2007 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2008-01 FISCAL YEAR 2008 BUDGET BY BUDGETING FOR APPROVED STATE GRANTS AND MOVING MONEY BETWEEN PROJECTS WHEREAS, It is estimated that the Kodiak Middle School Project will cost approximately $2,691,000, and WHEREAS, the Borough will be receiving a FEMA Seismic Grant for $938,000; and WHEREAS, the Borough is receiving an Alaska Legislative Grant for $653,000; and WHEREAS, the Assembly funded $390,000 towards seismic repairs in the FY2007 budget; and WHEREAS, $80,000 is available in project 05010, Kodiak High School asbestos and floor covering; and WHEREAS, $330,000 is available in project 05011, district wide floor covering; and WHEREAS, $150,000 is available in project 05014, Kodiak High School /Kodiak Middle School roof repair; and WHEREAS, there is $150,000 available for appropriation in Fund 410 due to interest earnings, and WHEREAS, Providence will manage the CHC architecture /engineering project; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The FY2008 budget will be amended per the attached schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 1 of11 FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,773,010 0% 8,773,010 Boat & Motor Vehicle Tax 276,450 276,450 0% 276,450 Payment in Lieu of Taxes 814,000 814,000 0% 814,000 Severance Taxes 1,270,530 1,270,530 0% 1,270,530 Penalties & Int on tax 175,000 175,000 0% 175,000 Licenses and Permits 91,500 91,500 0% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 571,286 571,286 0% 571,286 Raw Fish Tax 950,000 950,000 0% 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 1,000 0% 1,000 Interest Earnings 400,000 400,000 0% 400,000 Miscellaneous 54,200 54,200 0% 54,200 Use of Fund Balance 554,975 554,975 0% 554,975 Sale of Fixed Assets - Transfer In Total 14,310,026 14,310,026 0% 14,310,026 Expenditures: Borough Assembly 180,910 180,910 0% 180,910 Borough Manager 373,985 373,985 0% 373,985 Borough Clerk 398,510 398,510 0% 398,510 Borough Attorney 130,000 130,000 0% 130,000 Finance Department 699,788 699,788 0% 699,788 Management Information Services 531,420 531,420 0% 531,420 Assessing Department 436,364 436,364 0% 436,364 Engineering/ Facilities Dept 111,432 111,432 0% 111,432 Community Development 757,810 757,810 0% 757,810 Building Official 132,765 132,765 0% 132,765 Economic Development 75,000 75,000 0% 75,000 General Administration 324,170 324,170 0% 324,170 Emergency Preparedness 8,800 8,800 0% 8,800 School District Support 9,662,622 9,662,622 0% 9,662,622 Health and Sanitation 227,620 227,620 0% 227,620 Animal Control 72,380 72,380 0% 72,380 Culture and Recreation 87,000 87,000 0% 87,000 Colledge and Libraries 93,000 93,000 0% 93,000 Transfers Out 6,450 6,450 0% 6,450 Total 14,310,026 14,310,026 0% 14,310,026 Fund 205 Child Care Assistance Program Revenue 77,000 77,000 0% 77,000 Expenditures 77,000 77,000 0% 77,000 Fund 210 Land Sales Revenue 96,700 96,700 0% 96,700 Expenditures 96,700 96,700 0% 96,700 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 2 of11 FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 449,810 449,810 0% 449,810 Transfers in 220,000 220,000 0% 220,000 Use of Fund Balance 121,400 121,400 0% 121,400 Total Revenues 791,210 791,210 791,210 Expenditures Borough Building 406,610 406,610 0% 406,610 MHC Apartments 11,000 11,000 0% 11,000 School Buildings 347,000 347,000 0% 347,000 Parks 26,600 26,600 0% 26,600 Total Expenditures 791,210 791,210 0% 791,210 Fund 230 Coastal Management Revenues 24,000 24,000 0% 24,000 Expenditures CMG Regular 24,000 24,000 0% 24,000 Total Expenditures 24,000 24,000 0% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 17,800 E.O.P. Grant - - - Revenues 17,800 17,800 17,800 Expenditures Expenditures -LEPC 17,800 17,800 17,800 Expenditures -FEMA grant - - - Total Expenditures 17,800 17,800 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 125,532 0% 125,532 Expenditures 125,532 125,532 0% 125,532 Fund 242 Service District No. 1 Revenues 220,000 220,000 0% 220,000 Expenditures 220,000 220,000 0% 220,000 Fund 243 Service Area No. 2 Revenues Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 43,175 0% 43,175 Expenditures 43,175 43,175 0% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 5,700 0% 5,700 Expenditures 5,700 5,700 0% 5,700 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 3 of11 FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 426,500 0% 426,500 Expenditures 426,500 426,500 0% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 93,010 0% 93,010 Expenditures 93,010 93,010 0% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 14,230 0% 14,230 Expenditures 14,230 14,230 0% 14,230 Fund 260 Woodland Acres Street Lights Revenues 6,000 6,000 0% 6,000 Expenditures 6,000 6,000 0% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,800 0% 3,800 Expenditures 3,800 3,800 0% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,050 0% 3,050 Expenditures 3,050 3,050 0% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 39,880 39,880 Expenditures 39,880 39,880 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 69,460 0% 69,460 Expenditures 69,460 69,460 0% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 2,000,000 0% 2,000,000 Expenditures/Transfers Out: Building Insurance 220,000 220,000 0% 220,000 Debt Service 922,250 922,250 0% 922,250 Capital Projects Fund 410 700,000 700,000 0% 700,000 Contengencies - inflation proofing 157,750 157,750 0% 157,750 Total Expenditures 2,000,000 2,000,000 0% 2,000,000 Fund 277 Tourism Development Revenues 50,000 50,000 0% 50,000 Expenditures 50,000 50,000 0% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 437,000 0% 437,000 Expenditures 437,000 437,000 0% 437,000 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 4 of11 FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 1,789,310 0% 1,789,310 Interest Earnings 20,000 20,000 0% 20,000 Transfers in General Fund - Education 539,210 539,210 0% 539,210 General Fund - Health Facilities Fund 922,250 922,250 0% 922,250 Hospital Fund 200,000 200,000 0% 200,000 Use of fund balance - - Total Revenues 3,470,770 3,470,770 3,470,770 Expenditures Expenditures - School Debt 2,699,150 2,699,150 0% 2,699,150 Expenditures - Hospital Debt 765,000 765,000 0% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - - Total Expenditures 3,470,770 3,470,770 0% 3,470,770 83,853,298 83,853,298 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 5 of11 Capital Projects Fund 410 - Borough Capital Projects: Total Revenues Projects: 85 Village Metals Removal 146 BMX Bike Trail 173 Bayside classroom equipment 174 Bayside Storage Addition & Engine Bay 00102 Bayside Underground Electrical 03105 Northstar School road /parking lot design 03106 KHS emergency generator 03109 Borough Building air handling penthouse 03110 Borough Building emergency generator 03120 WB Comm Plan Revision 05001Survey Fiber Optic Pass Through Grant 05006 HS Pool Filter 05022 KMS Seismic Upgrade 410/523 05023 Peterson School Upgrade 05025 High School Gym Seismic 06001 Computer Upgrade 07008 Seismic Repair 07015 High School kitchen floor 07016 R and replacement of culverts at Panam 07017 Hospital Solarium Tranfer to Fund 430 Other Projects Total Borough Projects FY2008 Adopted As of Difference Budget 07/01107 Budget Revised Adjustments Budget Revenues: Interest Earnings 9,080 151,531 (142,451) 1669% 150,000 159,080 Contributions for BMX track 39,670 39,667 3 100% 39,670 Survey Fiber Optic Pass Through Grant 2,473,694 2,466,227 7,467 100% 2,473,694 05022 FEMA KMS Seismic Upgrade 0% 938,000 938,000 Miscellaneous 0% - Total Revenues 2,522,444 2,657,425 (134,981) 1,088,000 3,610,444 Operating Transfers In: General Fund 512,172 55,000 457,172 11% 512,172 Bayside Fire Department 426,800 426,800 - 100% 426,800 Facilities Fund 756,384 642,384 114,000 85% 756,384 Total Operating Transfers In 1,695,356 1,124,184 571,172 74% 1,695,356 4,217,800 3,781,609 436,191 94% 1,088,000 5,305,800 150,000 94,670 48,200 426,800 22,000 50,000 50,000 10,000 20,000 33,380 2,448,694 60,000 121,257 28,743 81% 150,000 49,278 45,392 72% 94,670 48,199 1 64% 48,200 3,173 423,627 1% 426,800 - 22,000 0% 22,000 28,968 21,032 58% 50,000 50,000 0% 50,000 10,000 0% 10,000 17,647 12% 20,000 10,988 67% 33,380 (21,985) 2,448,694 10,302 83% 60,000 0% 1,470,000 1,478,000 7,156 (7,156) #DIV /0! 4,397 (4,397) #DIV /0! 114,000 102,222 11,778 114,000 390,000 - 390,000 0% (390,000) - 40,000 305 39,695 #DIV /0! 40,000 30,000 - 30,000 0% 30,000 25,000 25,000 0% 25,000 136,350 136,350 0% 136,350 68,706 68,706 0% 68,706 2,353 22,392 2,470,679 49,698 4,217,800 2,910,077 1,307,723 73% 1,088,000 5,305,800 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 6 of11 FY2008 Adopted As of Difference Budget 07/01/07 Budget Revised Adjustments Budget Fund 420 -GO Bond Projects: Revenues: Interest Earnings 2,000,000 1,528,890 471,110 306% 2,000,000 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 (0) 100% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,052,760 (2,760) 100% 11,050,000 Proceeds from bond 200XX Bond Issue - - - 0% - 22,352,760 21,884,411 468,349 22,352,760 Projects: 03119 New Swimming Pool 6,210,000 783,055 5,426,945 13% 6,210,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 2,808 2,248,326 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 1,526 338,357 0% 339,883 04103 Ouzinkie Gym renovation 1,858,255 4,399 1,853,856 0% 1,858,255 05002 Evacuation Center earthquake evaluation 500,000 317,578 182,422 64% 500,000 05009 Kodiak Middle School concrete repair 237,918 8,663 229,255 4% 237,918 05010 Kodiak High School asbestos & floor cov 304,704 212,517 92,187 70% (80,000) 224,704 05011 District -wide floor covering replacement 728,708 146,104 582,604 20% (330,000) 398,708 05012 Kodiak High School heating and ventilatik 250,000 174 249,826 0% 250,000 05013 Kodiak High School insulastion and wind' 596,020 4,117 591,903 1% 596,020 05014 Kodiak High School and Middle School rc 523,504 15,628 507,876 3% (150,000) 373,504 05015 High School Voc ed /classroom reclaimati 4,840,788 58,198 4,782,590 1% 4,840,788 05016 East School heating and ventilation 520,000 41,909 478,091 8% 520,000 05017 Learning Center renovation 1,181,336 7,003 1,174,333 1% 1,181,336 05022 KMS Seismic Upgrade - 0% 560,000 560,000 Contingencies 2,010,510 2,010,510 0% 2,010,510 22,352,760 1,603,679 20,749,081 8% 22,352,760 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 7 of11 Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 976,048 765,352 56% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 100% 560,000 School Repair 252,574 252,574 0% 252,574 Tide Gate 20,000 20,000 0% 20,000 Chiniak Grant 20,000 20,000 0% 20,000 SHSGP Grant 138,151 138,151 0% 138,151 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Kodiak Cadastral Grant 40,000 40,000 0% 40,000 AK Coastal Management 46,000 46,000 0% 46,000 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 0% - 05026 HS Library Wing Seismic Retrofit 465,618 465,618 465,618 07001 Area Wide School Equipment and Suppli 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equip 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 70,000 Emergency Communications and Planing 30,000 30,000 30,000 Transfers in from fund 276 0% - Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 Transfer from fund 410 Total Revenues FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget 136,350 136,350 0% 136,350 8,572,985 1,536,048 7,036,937 31% 8,572,985 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 635,657 260,693 103% 896,350 00100 High School Repair FY00 126,770 126,770 0% 126,770 00104 Tide Gate 20,000 21,074 (1,074) 105% 20,000 02107 ADF &G Research Study 200,000 136,734 63,266 68% 200,000 03114 Coastal Impact Program 319,985 283,395 36,590 89% 319,985 03116 School Repair 125,804 140,222 (14,418) 111% 125,804 03118 Chiniak Multi -use Grant 20,000 11,118 8,882 56% 20,000 04106 SHSGP Grant 138,151 138,151 0% 138,151 05003 Kodiak Cadastral Grant 40,000 74,087 (34,087) 185% 40,000 05005 AK Coastal Management 46,000 53,733 (7,733) 117% 46,000 05019 Homeland Security 17,733 14,102 3,631 #DIV /0! 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 19,583 22,141 47% 41,724 05022 KMS Seismic Upgrade 410/523 123,841 (123,841) ##### 653,000 653,000 05026 HS Library Wing Seismic Retrofit 465,618 5,252 460,366 465,618 06008 Summit Lake Trail 23,500 4,806 18,694 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 07001 Area Wide School Equipment and Suppli 70,000 70,000 0% 70,000 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 8 of11 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equip 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 07014 East Elementary School Siesmic Upgrac School District Computer Grant Emergency Communications and Planing Total Expenditures Total for Project 05022 KMS Seismic Upgrade Fund 410/420/430 FY2008 Adopted Budget 07/01/07 48,000 70,000 25,000 10,000 910,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 8,572,985 2,462,657 123,841 As of Difference 48,000 0% 70,000 0% 25,000 0% 10,000 0% 910,000 0% 100,000 0% 500,000 0% 570,000 0% 2,129 306,215 210 138,396 #DIV /0! 70,000 30,000 6,110,328 50% (123,841) Budget % Adjustments Revised Budget 48,000 70,000 25,000 10,000 (653,000) 257,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 8,572,985 2,691,000 2,691,000 Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 9 of11 Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Revenues 165 Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Expenditures Fund 495 Hospital Capital Projects Hospital Providence From Facilities Fund Total Revenues 03112 Hospital access and parking, Phase 1 & II 03113 Specialty Clinic roof repair /replacement 05021 CHC architural Engineering Total Expenditures Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues Expenditures Waste Collection Waste Disposal Total Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings Providence Hospital Lease Transfer in from Fern Fuller Use of Retained Earnings Total Revenues Expenditures and Transfers: Expenditures Total Expenditures Fund 555 - Kodiak Fisheries Research CE Revenues Expenditures Research Facility Dorm Facility Fund 560 - Telephone 911 Service Revenues Expenditures FY2008 Adopted As of Difference Budget 07/01/07 3,000,000 3,000,000 3,000,000 3,000,000 700,000 125,000 125,000 950,000 660,288 79,712 250,000 990,000 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 720,000 66,500 874,350 1,660,850 1,660,850 1,660,850 2,105,019 2,070,519 34,500 2,105,019 69,000 69,000 175,954 79,712 255,666 3,000,000 0% 0% 3,000,000 0% 3,000,000 0% 0% 3,000,000 0% 700,000 0% 125,000 125,000 950,000 0% 484,334 25% 199% 250,000 734,334 26% 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 1,660,850 2,070,519 34,500 2,105,019 Budget Adjustments 0% 0% 0% 0% 0% 0% 720,000 0% 66,500 874,350 1,660,850 0% 1,660,850 0% 0% 2,105,019 0% 0% 0% 0% 69,000 0% 69,000 0% Revised Budget 3,000,000 3,000,000 3,000,000 3,000,000 700,000 125,000 825,000 660,288 79,712 (125,000) 125,000 865,000 (125,000) Kodiak Island Borough, Alaska Ordinance No. FY2008 -01A Page 10 of11 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 720,000 66,500 874,350 1,660,850 1,660,850 1,660,850 2,105,019 2,070,519 34,500 2,105,019 69,000 69,000 Meeting of July 5, 2007 ITEM NO. 13.C.2 Kodiak Island Borough AGENDA STATEMENT Ordinance No. FY2007 -15A AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.53 SOLID WASTE ADVISORY BOARD The Assembly adopted Ordinance No. FY2007 -15 on May 17, 2007 which created a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management. Bell and Associates, Inc. and Kodiak Island Borough Staff recommend expanding the composition of the Board to seven members which shall consist of seven (7) borough residents, inclusive of the City of Kodiak, who represent a cross section of the social and economic structure of the community. Preferably, two (2) out of the seven (7) seats shall be designated to representatives from the construction and retail business community. There will be four non - voting ex- officio members, one (1) of which shall be an assembly member appointed by the mayor; and one (1) shall be a KIB staff member appointed by the manager; one (1) shall be representative from the United States Coast Guard; and one (1) city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. KIBC Section 2.53.050 Administrative assistance needs to be corrected as follows: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the mayor manager deems reasonably required; APPROVAL FOR AGENDA: , ( Recommended motion: Move to adopt Ordinance No. FY2008 -15A in first reading to advance to public hearing on July 19, 2007. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -15 -A Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.53 SOLID WASTE ADVISORY BOARD Manager Gifford Assembly Engineering and Facilities July 19, 2007 WHEREAS, the Assembly adopted Ordinance No. FY2007 -15 on May 17, 2007 which created a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management; and WHEREAS, Bell and Associates, Inc. and Kodiak Island Borough Staff recommend expanding the composition of the Board to seven members; 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 of the Kodiak Island Borough Code of Ordinances, Chapter 2.53 Solid Waste Advisory Board, Section 2.53.010 Created -- Membership; Section 2.53.030 Term- - Compensation; and Section 2.53.050 Administrative Assistance are amended as follows: 2.53.010 Created — Membership. There is created a Solid Waste Advisory Board that shall consist of fie seven (57) borough residents, inclusive of the City of Kodiak, who represent a cross section of the social and economic structure of the community. Preferably, two (2) out of the seven(7) seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with section 2.39.030 and shall meet the qualifications of section 2.39.040 of this title. There will be twe four non - voting ex officio members, one (1) of which shall be an assembly member appointed by the mayor; an4 one (1) shall be a KIB staff member appointed by the manager; one (1) shall be representative from the United States Coast Guard appointed by the ISC commanding officer; and one (1) city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. 2.53.030 Term — Compensation. A. The members shall serve for three (3) years; however, of the members first appointed, two three (22) shall be appointed for three (3) years, two (2) for two (2) years, and eRe-two (42) for one (1) year. Appointments to fill vacancies shall be for the unexpired term only. B. Members of the board shall serve without compensation. 2.53.050 Administrative assistance. The manager or designee, shall: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the mayor manager deems reasonably required; C. Refer to the board, for their discussion, all non - emergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and D. Transmit all recommendations and other communications from the board to the assembly. Kodiak Island Borough, Alaska Ordinance No. FY2007 -15 -A Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -15 -A Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Item No. 13.D.1 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 lot line configuration designed to coincide with plat granted preliminary approval depicting proposed lots 7A, 7B and Tract A- 1, Industrial Park Subdivision and Commercial Tracts 1A and 2A. SUMMARY STATEMENT: The KIB Planning and Zoning Commission approved the above referenced easement vacation after a public hearing was held on April 18, 2007. In this case, the Kodiak Island Borough Assembly is the applicable review body for that portion of the vacated easement located outside the City of Kodiak boundary. The Assembly must review the vacation request in accordance with the following standards: Kodiak Island Borough Code Section 16.60.060 states: "A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation." Attached is a copy of the decision letter, meeting minutes, and relevant maps depicting the general area and plat. Additional information is available in the case file for Subdivision Case S07 -012, which can be made available for review by the Assembly if requested. FISCAL NOTES [X] N/A Expenditure Required $0.00 Account General Fund N/A APPROVAL FOR AGENDA: Recommended motion: Move to app e 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 lot line configuration designed to coincide with plat granted preliminary approval depicting proposed lots 7A, 7B and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1A and 2A. • The disposal of a 30 foot wide access easement for the non- exclusive use of Lots 1A, IB and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. The disposal of a 20 foot wide easement for driveway access with an additional five (5) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended for approval by the Kodiak Island Borough Assembly. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Howard Weston recommended the Planning & Zoning Commission prevent this from happening in the future. Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -0. D) Case S07 - 012. Request preliminary approval, in accordance with KIBC 16.40, to allow the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. The replat also includes 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 lines configuration. Dvorak reported the petitioner made this request to straighten out lot boundaries. It doesn't create any new lots and he believes it's intended to conform these lot lines to the prevailing topography and straighten out the utility easements for better utilization. There is the canting of one property line that intersects with the City boundary but by rotating it a few degrees it will now coincide with the City boundary. Staff recommended approval of the preliminary plat, and staff recommended approval of the vacation of easement. A discussion of the property. COMMISSIONER CARVER MOVED TO GRANT preliminary approval for the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: April 18, 2007 P & Z Commission Meeting Minutes Page 3 of 8 FINDINGS OF FACT April 18, 2007 • • CONDITIONS OF APPROVAL 1. Prior to final plat approval, prepare a drainage plan for review and approval by the City of Kodiak Building Department and obtain a new drainage /grading permit if required FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 6 -0. __* / OMMISSIONER CARVER MOVED TO GRANT preliminary approval for the vacation oral a JJ de 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 S07 -012, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 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: CONDITIONS OF APPROVAL 1. Prior to final plat approval the plat shall be submitted to the Kodiak Island Borough Assembly and the City of Kodiak Council for approval of the easement vacation. 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. L The question was called, and it CARRIED 6 -0. B) Case 07 - 021. Request a Title 18 Land Disposal, according to KIBC 18.20, 1840, and 18.60, to consider a request to lease borough land for fair market value for the purposes of resource extraction processing and stockpiling. (This request involves both a request to lease the land, per KIBC 16.40, and a request for material sale per KIBC 18.60.) Dvorak reported the request involves 4 Tracts of land, approximately 80 acres for disposal. These parcels have previously been disposed for a 25 year period that is due to expire June 30, 2007. That disposal was executed by lease, and was for 5 years and was renewed or extended in 5 year increments. Originally, the leases were to 2 different companies that eventually merged together into one entity. The petitioners submitted information indicating their desire to request a new disposal by lease. They have met with staff and discussed the Womens Bay Comp Plan, which is P & Z Commission Meeting Minutes Page 4 of 8 0 70 h/ o > • \k ce R‹ �!(\ � } /� Lee Russell PO Box 9024 Kodiak, AK 99615 • • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 April 27, 2007 Re: Case S07 -012. Preliminary approval of the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. Dear Mr. Russell: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 18, 2007, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter l 6.50 [Final Plat] of the Borough Code: 1. Prior to final plat approval, prepare a drainage plan for review and approval by the City of Kodiak Building Department and obtain a new drainage /grading permit if required Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty -four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are Page 1 of 2 Sincere] Duane D is , Acting Director Community Development Department CC: Horizon Land Surveying Fire Marshal • • substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9362. Current Location P & Z Case # S07 -012 L.L. Russell Preliminary approval, in accordance with KIBC 16.40 to allow the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A, 0 Legend Subject Parcels Feet 500 1,000 2,000 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. Preliminary approval, in accordance with KIBC 16.40, Current Zon ry pp P Z Case 07,01 to allow the replat of Lots 7 and 8, and Tract A, I ndustr i a l Park Subd and Commercial Tracts 1 and 2 L.L. Russell creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. 1 1 1 Subject Parcels Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone 1,000 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. DATE: April 18, 2007 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the April 18, 2007 Regular Meeting CASE: S07 -012 APPLICANT: L.L. Russell AGENT: Horizon Land Surveying REQUEST: Preliminary approval, in accordance with KIBC 16.40, to allow the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. The replat also includes 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 Lots line configuration. LOCATION: Industrial Park Subdivision Lot 7 2522 Selief Ln Industrial Park Subdivision Lot 8 230 Von Scheele Way Industrial Park Subdivision Tract A 2620 Selief Ln USS 3218 TR S -5A -1, TR 1 2675 Mill Bay Rd USS 3218 TR S -5A -1, TR 2 170 Von Scheele Way ZONING: Industrial Park Subdivision Lot 7 RB — Retail Business Industrial Park Subdivision Lot 8 I - Industrial Industrial Park Subdivision Tract A RB — Retail Business USS 3218 TR S -5A -1, TR 1 Split Lot Zoning USS 3218 TR S -5A -1, TR 2 Split Lot Zoning One Hundred Forty (140) public hearing notices were mailed on March 20, 2007. Date of site visit: 1. Minimum lot size: None (RB and B), 20,000 Sq. Ft. (I) Compliance: Yes 2. Minimum lot width: None (RB and B), 75 Ft. (I) Compliance: Yes 3. Existing land uses: Outdoor storage, Commercial - Retail Compliance: Yes 4. Existing structure(s) on the property: Yes Case S07- 012 /Staff Report • ',public Hearing Item VI -D MEMORANDUM Page 1 of 7 P & Z, April 18, 2007 Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands, streams, drainage courses: Yes (see comments) Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Commercial Double frontage lots: No Flag lots: Yes Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Not Applicable likublic Hearing Item VI -D Compliance with setbacks: Not applicable COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location 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 Case S07- 012 /Staff Report Page 2 of 7 P & Z, April 18, 2007 • •ublic Hearing Item VI -D 2 Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not Applicable 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not Applicable 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable Commercial /Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Not Applicable 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not Applicable Case S07- 012 /Staff Report Page 3 of 7 P & Z, April 18, 2007 Consistent: Not Applicable 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. 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: Not Applicable 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Not Applicable 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: Not Applicable 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable Case S07- 012 /Staff Report • Sublic Hearing Item VI -D Page 4 of 7 P & Z, April 18, 2007 The purpose of this plat is to adjust boundary lines between the various Tots affected by this plat and to vacate a utility easement which is will be replaced with a comparable utility easement that will be aligned along the new property boundary. REVIEW AGENCY COMMENTS S ublic Hearing Item VI -D COMMENTS Kodiak Electric Association: No Comment ACS, Inc.: No Comment City of Kodiak: A revised drainage plan will need to be submitted for review by the City of Kodiak Building Department, perhaps requiring a new grading permit in lieu of prior permit CB- 2004-75 which was not completed. State of Alaska Department of Transportation: No Comments Received KIB Department of Facilities and Engineering: No Comments Received Case S07- 012 /Staff Report Page 5 of 7 P & Z, April 18, 2007 • SubIic Hearing Item VI -D RECOMMENDATION Staff recommends approval of these requests subject to conditions of approval. APPROPRIATE MOTION #1 FINDINGS OF FACT Case S07- 012 /Staff Report Move to grant preliminary approval for the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to final plat approval, prepare a drainage plan for review and approval by the City of Kodiak Building Department and obtain a new drainage /grading permit if required 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Page 6 of 7 P & Z, April 18, 2007 • l kublic Hearing Item VI -D APPROPRIATE MOTION #2 Move 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 S07 -012, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to final plat approval the plat shall be submitted to the Kodiak Island Borough Assembly and 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. Case S07- 012 /Staff Report Page 7 of 7 P & Z, April 18, 2007 dmathers@city.kodiak.ak.us thansen@city.kodiak.ak.us • • To: Community Development Departme From: Doug Mathers Building Official Date: 4 /5/07 RE: Case # S07 -012 BUILDING DEPARTMENT 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 TELEPHONE 907 - 486 -8070 907 - 486 -8072 FAX 907 - 486 -8071 A grading /fill permit was issued to Lee Russell on 4/13/04. CB- 2004 -75. This permit approved the slope and location of the toe of the slope between Tract A and Commercial Tract Two -A and One -A. It also included an engineered drainage plan. To my knowledge the drainage system has not been completed. If the new lot lines are approved the new lot line will be up on the slope and drainage will drain from Tract A down to the lower two commercial tracts. I see no allowance for drainage. This needs to be addressed during the review of case #S07 -012. Thanks hard. del ve recd • 4 '_ APR - 5 2007 ^r DEVELOPMENT nap March 26, 2007 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plat sent to us for review under your cover letter dated March 21, 2007: Case S07 -012. Request for preliminary approval to allow the replat of Lots 7 and 8, and Tract A Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lots 7A, 8A and Tract A -1 Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. The replat also includes the vacation of a 20 foot wide electrical utility easement to be replaced with a new 20 foot wide utility easement to coincide with the new Lot line configuration. No comment. Sincerely, Jim Devlin Engineering Manager JD kib \kib032607.wpd tU7 _ r ic, • 2007 ADD TO Notes: The front 10 feet of the 20 foot building setback and the entire setback within 5 feet of the side lot lines is a utility easement. No permanent stricture shall be constructed or placed within the utility easement which would interfere with the abilitX of the utility to use the easement. DATE 1.17. d el BY C 1-; ALASKA COMMUNICATIONS SYSTEMS PRELIMINARY S9 (,/5 SCAII j J /00 feet MAR 2 9 2007 ;.(. MUNiPI DEVELOPMENT EPA T; Et' `z3 FOR= LE ET RUSSELL P.O. dox 90'4, /Tod,d/c, Ale eka ,996/5 VACAT 6ON OF: LOT 7, LOT B end TRACT A, /NOUSTR /AL PAF1/ .Seim. , o/a t trio. 52 - -23 grid COMMFRC /AL TRACTS ONE' and TWO , p/o / ro. CREATING � OT 7r4 , LOT 75 and TRACT �� RCl�4L TRI�CTS PARK SOOD /VJ5 /ON .5/20/ CO OR/.v --A and T rvo - A WIT 1 KODIAK R>= CORDING DiSTRiC T KODIAK ALASKA r te..........._. , - _..� .- 1.. —�.. ....... .. i (1NG,PC. GRAN 3Y: S. Auste rrn ( DATE: 28 FL-bn/ary 2co 7 REF : /i /e S4 bd r; d5c w SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION Applicant's name: Le >° i ' s // Applicant's mailing address: Pc 'cX -9b Z 4- City: irad/e /C' State: " ZIP: -9.9 / �> Home phone: 4 8 "- 2 44 Work phone: If applicable, agent's /surveyor's name: / r'e L4 K iel purvey/ v Agent's /surveyor's mailing address: P D • t3a K / 9 4-5 City: l�od State: 4/0.5k0 ZIP: .9-9 I Home Work phone: 4136 - ‘ � c° phone: PROPERTY INFORMATION Property ID Number /s: Current legal description: LS 3 Lo g' a ic/ 7 4-7 i bizh -/5 Tr /a) I�g/- oSihd�vio r7c..... -Z• and 4.405001fggte m r /a/ / /0/af 77ac7E3 nee? a -.-2d/ / MiD p/5 7 lip, . 9 - 4', Proposed legal description: Loi. 7,4 Lod 64 8 iI 71 7' /4 —( �/71/..i stria/ lhik 6 ane Cc / '2 eKr /8/ f0c -A 01 -A ane/ 77rue9 -- 74 Subdivision Fees Payable in Cashier's Office Room # 104 Fee Schedule: STAI-41 USE ONLY i r.K Y I',.-,:,.c,, Preliminary plat (up to 12 LatsWiliBC 16.46°'''' Abbreviated plat KIBC 16.30 (per 11B Assemble Resolutio EtT. July 1, 2005) Vacation KIBC 1..60 " Waiver KIBC 1..10 /0 i / * Paid ;;,L,;: a xF - • Application received by: '" -) r/1� Wn is 'i Abbreviated Plat $300.00 Preliminary Plat $330.00 Vacation $350.00 Waiver $75.00 Staff signattiii . :-=-''''' Date: •: \CD \Templates \ComDev\Forms\F - Revised Subd Application 7_13_05.DOC o07- 012 7/13/2005 « k Regular Meeting of July 5, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 13.D.2 Vacation of Utility Easements as Shown on the Final Plat for Case S07 -004 Which Will Create Lots 1, 2, 3, 4, and 5D -1 of Cut -Off Subdivision Located Within U.S. Survey 3099. The KIB Planning and Zoning Commission approved the above referenced easement vacation after a public hearing was held on October 18, 2007. Because of a condition of approval to obtain agreement with KEA for the revised easement configuration, this case would not be forwarded to the Assembly until receipt of the final plat. While written agreement with the new easement configuration was a condition imposed by the P &Z Commission, staffs assessment of the proposed new easement pattern indicates that the petitioner is providing far more utility access in return for the minimal easements that are proposed to be vacated. In this case, the Kodiak Island Borough Assembly is the applicable review body, which must review the vacation request in accordance with the following standards: Kodiak Island Borough Code Section 16.60.060 states: A) "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation." Attached is a copy of the decision letter, meeting minutes, and relevant maps depicting the general area and plat. Additional information is available in the case file for subdivision case S07 -004, which can be made available for review by the Assembly if requested. APPROVAL FOR AGENDA: 1 ;44c= 39 Recommended motion: Move to approve the vacation of utility easements as shown on the final plat for Case S07 -004 which will create Lots 1, 2, 3, 4, and 5D -1 of Cut -Off Subdivision located within U.S. survey 3099. Michael Anderson PO Box 2310 Kodiak, AK 99615 Dear Mr. Anderson: • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 October 23, 2006 Re: Case S07 -004. Preliminary approval, in accordance with KIBC 16.40, of the replat of Lots 6A, 6B and 6C, U. S. Survey 3099, Plat No. 92 -14, creating Lots 1 through 4 and 5D -1, Cut -Off Subdivision. The Kodiak Island Borough Planning and Zoning Commission at their meeting on October 18, 2006, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL 1. Correct the vicinity map to indicate the inclusion of Lot 5D within the subdivision area. 2. Contact KEA regarding the proposal to vacate the 10' utility easement and work out an alternate solution by December 31, 2006, otherwise the vacation request shall become null and void and it will not be forwarded to the KIB Assembly for final approval of the easement vacation. 3. Should the easement issues referenced in Condition #2 above be resolved by an alternative proposal prior to December 31, 2006, the utility easement vacation request shall be forwarded to the KIB Assembly for review and approval. 4. Provide additional utility easements on the plat as requested by KEA in the letter dated September 19, 2006, with attachments. 5. Provide a new grading and drainage plan for fill areas shown on the plat, in particular for Lot 2. The drainage plan should show the proposed stream alignment as culverted and should include a 20 foot wide, on center, drainage easement. It may be appropriate to locate the culverted drainage under the common lot boundary between Lots 2, 3 and 4 so that the easement will not encumber more than 10 feet of any lot affected by it. 6. Obtain a jurisdictional determination from the U.S. Army Corps of Engineers for the fill and grading of wetlands on Lot 2, prior to final plat approval. In the alternative, if the lot is not to be filled until after the plat completed, then a plat note shall be placed on the plat as requested • • by the U.S. Corps of Engineers, advising future lot owners of the requirement to obtain such approval. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty -four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely,• Duane Dvor. , Acting Director Community Development Department CC: Fire Marshal ROLL CALL REGULAR MEETING OCTOBER 18, 2006 APPROVAL OF MINUTES PUBLIC HEARINGS October 18, 2006 • • KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on October 18, 2006in the Borough Assembly Chambers. Commissioners Present Excused Absent Others Present Jerrol Friend — Chair X Martin Lydick, Planner David King X Community Development Dept. Gary Carver X Sheila Smith, Secretary Brent Watkins X Community Development Dept. Dennis McMurry X Casey Janz X Gary Juenger X A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, it CARRIED 7 -0. COMMISSIONER KING MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 7 -0. A. Case S07 -004. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Lots 6A, 6B and 6C, U. S. Survey 3099, Plat No. 92 -14, creating Lots 1 through 4 and 5D -1, Cut -Off Subdivision. Lydick reported the subdivider has proposed the vacation of four (4) existing lots and re- subdivision into five residential lots. The plat shows the proposed vacation of a 10 foot utility easement and the replat of an alternate easement route. Forty -two (42) public hearing notices were mailed on September 15, 2006, and two public review agencies have commented. Their concerns have been incorporated into suggested Conditions of Approval. Condition of Approval #6 pertinent to the concerns to the Army Corp of Engineers has been completed, as the applicant has provided the file with the recent jurisdictional determination and findings supporting the applicants requested fill plan for proposed Lot 2. Staff recommends approval of this request subject to conditions of approval. COMMISSIONER JANZ MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Lots 5D, 6A, 6B, and 6C, U.S. Survey 3099, including the proposed vacation of a 10 foot utility easement, in accordance with KIBC 16.60, subject to P &.Z Commission Page 1 of 6 Minutes the conditions of approval contained in the staff report dated October 9, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CHAIR FRIEND stated Mr. Anderson has worked everything out with KEA. CONDITIONS OF APPROVAL 1. Correct the vicinity map to indicate the inclusion of Lot 5D within the subdivision area. 2. Contact KEA regarding the proposal to vacate the 10' utility easement and work out an alternate solution by December 31, 2006, otherwise the vacation request shall become null and void and it will not be forwarded to the KIB Assembly for final approval of the easement vacation. 3. Should the easement issues referenced in Condition #2 above be resolved by an alternative proposal prior to December 31, 2006, the utility easement vacation request shall be forwarded to the KIB Assembly for review and approval. 4. Provide additional utility easements on the plat as requested by KEA in the letter dated September 19, 2006, with attachments. 5. Provide a new grading and drainage plan for fill areas shown on the plat, in particular for Lot 2. The drainage plan should show the proposed stream alignment as culverted and should include a 20 foot wide, on center, drainage easement. It may be appropriate to locate the culverted drainage under the common lot boundary between Lots 2, 3 and 4 so that the easement will not encumber more than 10 feet of any lot affected by it. 6. Obtain a jurisdictional determination from the U.S. Army Corps of Engineers for the fill and grading of wetlands on Lot 2, prior to final plat approval. In the alternative, if the lot is not to be filled until after the plat completed, then a plat note shall be placed on the plat as requested by the U.S. Corps of Engineers, advising future lot owners of the requirement to obtain such approval. FINDINGS OF FACT October 18, 2006 • 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 7 -0 (corrected 6 -0 stated at meeting). B) Case 07 -004. Request an initial review of the Draft Recreational Amenities Ordinance that was forwarded to the Commission with a recommendation by the KIB Parks and Recreation Committee. P & Z Commission Page 2 of 6 Minutes • • • • • 6 . 6 ,5 LOT 1 N ` 7,205 5.F: 7%1 - 0 3 \ LOT 3 \ 9,750 5.F 1 0 sa ` \ LOT 4 ;\ �-& , \ 13, 288 S.F. 30,c° 35 . t5 to csi U�r -a (2_ - - 3 1-.831- SJJtm f revtl ) 13 ��'-,.e -Tao e 25 Ce N % EpSEM E / Kb/ 5 OZ Z UT7UTY EASFMEn/75 YACHIFO 7703 AzAT ( ASA mem AR& ) 2° P E ko r\001CTl !J /O //U UvrocJ Received Chair This is to certify the accordance i-v th KoL this dzy of Borough Manager___ Borough Clerk Community Development Director or 9 TAX CI PTIFICAI I hereby certify that Kodiak is /and Dort a gainst said /and a, orouyh arm paid Dated at Kodak,A /as lc SURVEYOR'S CI / hereby certify /hot / June 15, 2007 Duane Dvorak, Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Duane: I have reviewed the plat for the Cut -Off Subdivision dated 13 June 2007. Kodiak Electric Association, Inc. has no objections or additions to the subdivision as shown. Created utility easements will allow for electrical service line extensions to proposed Lots 1, 2 and 3. Thanks for the opportunity to comment. Sincerely, Jim Devlin Engineering Manager JD Cc Mike Anderson kib \kib061507.wpd r t ip - ' L= JJ JUN 2 2 2007 (' !M UNLT` CE'E! OPMENT DEPA tTMEi f Regular Meeting of July 5, 2007 Or Kodiak Island Borough AGENDA STATEMENT Item No. 13.D.$ An Appeal of the Planning and Zoning Commission's Decision Before the Board of Adjustment on Case No. 07 -020 Requesting a Variance in Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow a 5 Foot Encroachment Into the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell.) The appeal packets were made available to the Assembly on Tuesday, June 18, 2007. KIBC 17.100.070D.The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal Please do not discuss this case with the appellants or CDD staff outside the meeting venue as you may be exposed to new evidence or changed circumstances others involved in the case may not be aware of. If there's any allegation of new evidence or changed circumstances, the board of adjustment may remand it back to the commission. 17.100.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issue, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. APPROVAL FOR AGEND : Recommended motion: Move to affirm (in whole or in part) the Planning and Zoning Commission's decision on Note: If the Assembly fails to affirm, a motion to reverse is in order. Recommended motion: Move to reverse (in whole or in part) the Planning and Zoning Commission's decision on.... Note: If the Assembly fails to reverse, the decision is affirmed. X ! — i I Cassandra Juenger ! Lori Demi CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:08p.m. by VICE CHAIR FOREMAN on May 8, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members Present Ex cused ; Absent Others Present Mike Sirofchuck -Chair Hans Tschersich X LP am Foreman X Kevin Foster X 1 Jeff Huntley ___ _ X ! Patrick Saltonstall -j -- _ - -- — -- —f - X -h--- !-Andy Schroeder KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITT REGULAR MEETING -MAY 8, 2007 MINUTES MAY 3 1 2007 BOROUGH CLERK'S OFFICE X Duane Dvorak ! Community Development Dept. Sheila Smith - -- - -�- - —^ Community Development A quorum was established. COMMITTEE MEMBER FOSTER MOVED TO EXCUSE COMMITTEE MEMBERS SIROFCHUCK and SALTONSTALL. The motion was SECONDED by COMMITTEE MEMBER TSCHERSICH, and it CARRIED by unanimous voice vote. SCHROEDER arrived at 7:12 pm. III. APPROVAL OF AGENDA COMMITTEE MEMBER TSCHERSICH MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the April 24, 2007 Parks & Recreation minutes as submitted. COMMITTEE MEMBER TSCHERSICH SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. May 8, 2007 Parks & Recreation Committee Meeting Minutes Page 1 of 3 OLD BUSINESS There was no old business. NEW BUSINESS A) Borough Website DEMI stated she would like everyone to look at the Parks and Recreation page. It was the consensus of the committee to put the vision statement on the P &R page of the website, and until the plan is adopted it should state it is the draft Comp Plan. COMMUNICATIONS A) Advanced trail Design & Construction Training HUNTLEY and FOSTER stated this is a hands on trails and maintenance training, and follows along with the training they just attended. It is the next step of training. FOSTER and HUNTLEY expressed interest in attending this training. It was the consensus to put Bud Cassidy's name on the application as a placeholder to assure a slot for one person if we get approval from Cassidy. B) Letter to Lori Demi from Erin Whipple dated April 30, 2007 DEMI stated 2 years ago she went to help with the trails, and Whipple is requesting Lori to go since the Borough has a high tech GPS. Dvorak stated he is unclear of what the product is going to be other than GPS the trail. He was informed last year that the Larsen Bay Tribal Council had a grant to do aerial photography in this area, and asked the Borough to participate. We agreed in principle to hire a surveyor to put out the markers or an X. They didn't get it done last year due to the weather, so they are going to do it this spring or summer. REPORTS A) Trails Training Report from Jeff Huntley and Kevin Foster HUNTLEY reported all the trails were put on TMO's (Trail Management Objectives), and there are specific codes for different trail uses. The State hasn't adopted them yet but they use something real similar. He passed pictures around from when they all worked on the Lake Miam trail. Everyone is welcome to look at his book and TMO's because the book is very helpful. FOSTER reported the TMO's are being incorporated. It started with the Federal Park Service, and the State is working on their own version, but they are all following basically the same structure of the TMO worksheet. If you use their definitions they will understand what you are doing. If everyone would use the objective 20 or 30 years from now you won't have to be second guessing anyone. Everyone would be on the same page. The different classifications of use will determine how you deal with that trail. Liability could be an issue also. The trail must be managed according to the designation or you could be liable. The important thing is to designate what your objective is for that trail. It can be designed for one use but can be managed for multiple uses. It was the consensus of the committee to pick one of the Safe Routes to School trails to be their Test Trail Project. May 8, 2007 Parks & Recreation Committee Meeting Minutes Page 2 of 3 B) Meeting schedule: • May 22, 2007 regular meeting at 7:00 p.m. Room. • June 12, 2007 regular meeting at 7:00 p.m. Room. Dvorak reported the borough attorney has recommended some substantial changes to the Recreational Amenities Ordinance, but he can work on making those changes, forward it to the Assembly, and send it to the committee by email. Dvorak also reported one of the issues with the Comp Plan is the mapping. The P &R Committee could help with the access points along the road system. The consultant will be in Kodiak from May 15 -17, and the conference room will be reserved on May 16 for the whole day. The committee discussed whether they should change the number of meetings they have a month. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS HUNTLEY said anyone that would like to look at all of his trails training materials is welcome. SCHROEDER said he would like to know how much money is left in the Parks & Rec account because he feels if there is money they should find something to spend it on. FOREMAN directed Smith to find out who Wayne Biessell's replacement is to invite them to come to the meetings in Wayne's place. FOREMAN said she will be late and possibly not here at all. DEMI said she will be in Washington so she won't' be able to come June 12 ADJOURNMENT VICE CHAIR FOREMAN requested a motion to adjourn. COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED by unanimous voice vote. The meeting adjourned at 8:30 p.m. ATTEST By: Q le .On a J Sheila Smith, Secretary Community Development Department DATE APPROVED: May 22, 2007. May 8, 2007 in the KIB School District Conference in the KIB School District Conference • KODIAK ISLAND PARKS & RECR ATT1ON. BO UGH it Parks & Recreation Committee Meeting Minutes Page 3 of 3 CALL TO ORDER David King — Chair Gary Carver Brent Watkins Casey Janz Bill Kersch Gary Juenger Vacant March 28, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING MARCH 28, 20 CORRECTED MINUTES ,i , E � ....� E .e Q _ U MAY 2 1 2007 7 BOROU The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on March 28, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present X X X X X X Excused Absent Others Present Martin Lydick, Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes of February 21, 2007 as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. PUBLIC HEARINGS A. Case S07- 017. Request for a Vacation, according to KIBC 16.60, of a portion of existing 25 foot public access and utility easement along the Southwest edge of Tract B, T26S R25W, TL 101 Viekoda Bay as shown on plat 93 -3. COMMISSIONER WATKINS asked to be excused from this case due to a conflict of interest. Staff reported the petitioner has requested the vacation of a public access and utility easement generally located along the Southwest portion of Tract B T26S R25W, according to Plat 93- 03.Seven (7) public hearing notices were distributed on March 6, 2007.One (1) written comment has been received by the department responding to the public hearing notice. The comment was received from the Army Corp of Engineers and was advisory in nature. Staff is recommending approval of this request for vacation, subject to three (3) Conditions of Approval. COMMISSIONER CARVER MOVED TO GRANT preliminary approval of a Vacation, according to KIBC 16.60, of a portion of existing 25 foot public access and utility easement along the Southwest edge of Tract B, T26S R25W, TL 101 Viekoda Bay as shown on plat 9303, subject to three (3) Conditions of Approval, and to adopt the findings in the staff report dated P & Z Meeting Minutes Page 1 of 6 CLERK'S OFFICE February 28, 20007 as findings of fact in this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: A discussion regarding the easements and setbacks. FINDINGS OF FACT 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3. This request provides a vacation of a public access easement that is consistent with adopted plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. CONDITIONS OF APPROVAL 1. The petitioner must apply for the appropriate zoning compliance permit prior to final approval. 2. The petitioner must successfully apply for a Variance per KIBC17.66 seeking to abate the front and side yard requirement according to KIBC17.17.080. 3. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final plat approval. The question was called, and it CARRIED 5 -0. B) Case 07 -018. Request a Similar Use Determination, according to KIBC 17.03.090, to allow transient lodging which is similar in character and impact to a permitted hotel /motel use, per KIBC 17.21.020.M and 17.21.020.S. Staff reported the petitioner has requested a Similar Use determination in order to permit the remodeling of an existing business building for the purpose of responding to a perceived need for additional visitor support facilities. Twenty (20) public hearing notices were distributed on March 6, 2007. No (0) written comments have been received by the department responding to the public hearing notice, although the department has responded to several telephonic inquires regarding this request. Staff is recommending approval of this request for a Similar Use determination. COMMISSIONER JANZ MOVED TO DETERMINE, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, that a transient lodging use with five (5) guest rooms in the B- Business zoning district is similar in character and impact to a permitted hotel or motel use, and to adopt the findings of fact contained in the staff report dated March 21, 2007 as "Findings of Fact' for Case No. 07 -018. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: March 28, 2007 P & Z Meeting Minutes Page 2 of 6 Mr. Rippey spoke regarding his wish to have a B &B on his property, and the setbacks and frustrations he has encountered due to B &B's aren't included in the Business district. Public hearing closed: Regular session opened: During discussion the commission expressed they were under the impression that B &B's were included in the Business district when they did the B &B code revisions, and their intention here is to set the precedence for future cases to show their desire for B &B's to be included in the Business district. COMMISSIONER WATKINS MOVED TO AMEND the motion to read move to determine, in accordance with 17.03.090 (Similar Uses) of the Borough Code, that a B &B /Roadhouse use with five (5) guest rooms in the B- Business zoning district is similar in character and impact to a permitted multiple family dwelling, and to adopt the findings of fact contained in the staff report dated March 21, 2007 as "Findings of Fact" for Case No. 07 -018. COMMISSIONER JANZ SECONDED the motion. COMMISSIONER CARVER MOVED TO AMEND the Findings of Fact 1 and 2 to change the words hotel /motel to multiple family dwelling. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it FAILED 6 -0. COMMISSIONER WATKINS MOVED TO DETERMINE, in accordance with Section 17.03.090 of the Borough code that a B &B with five (5) guest rooms in the B- Business district is similar in character and impact to the permitted multi - family dwelling and to adopt the Findings of Fact as amended: first as it applies to a B &B use at this location the proposed use is similar in character and impact to other land uses specifically permitted in the Business zoning district; No 2 as described in the application the use is similar in scale and intensity to other permitted uses of land allowed in the Business zoning district. Multi - family dwellings are a permitted use in this zone; No. 3 as described in the proposal the use will not result in negative impacts to neighboring properties. COMMISSIONER JANZ SECONDED the motion. FINDINGS OF FACT [1] As it applies to a B &B use at this location, the proposed use is similar in character and impact to other land uses specifically permitted in the B— Business zoning district. [2] As described in the application, the use is similar in scale and intensity to other permitted uses of land allowed in the B- Business zoning district. Multiple family dwellings are a permitted use in the zone. [3] As described in the proposal, the use will not result in negative impacts to neighboring properties. The question was called, and it CARRIED 6 -0. C. Case 07 -019. Request a Variance, according to KIBC 17.66.020, from the setback requirements of KIBC 17.33.050.0 to allow an addition to the Bayside Fire Department to encroach 3.8 feet into the required 25 foot setback. Staff reported the original petition in this case requested a setback variance in order to allow the construction of an addition to an existing public facilities campus. March 28, 2007 P & Z Meeting Minutes Page 3 of 6 Forty eight (48) public hearing notices were distributed on March 6, 2007. One (1) written comment has been received by the department indicating support for the original petition request. Staff has determined that a variance is not required for the planned addition, although a technical requirement for a site plan review of the proposal is required. The extent and depth of the site plan review is left to the Commission's discretion. COMMISSIONER WATKINS MOVED TO SCHEDULE Case 07 -019 for a PL- Public Use Land zone site plan review on the May 2007 regular meeting agenda as required by KIBC 17.33.020. COMMISSIONER JUENGER SECONDED the motion. The question was called, and it FAILED 5 -1. COMMISSIONER JUENGER voted aye. COMMISSIONER WATKINS MOVED TO APPROVE the detailed site plan for an existing fire station and related fire training facilities proposed for development on proposed Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Scott Arndt spoke in favor of this request stating it's an insignificant amount of a change on the site plan and it doesn't need a public hearing on a new amended site plan for that 20'x 20' addition. Public hearing closed: Regular session opened: Discussion regarding the site plan review. The question was called, and it FAILED 5 -1. COMMISSIONER JUENGER voted aye. When asked if anyone wished to change your vote COMMISSIONER JUENGER changed his vote to nay. The motion FAILED 6 -0. COMMISSIONER CARVER MOVED TO AMEND the detailed site plan dated January 12, 2005 to include the addition of 400 square feet to square off the Northwest corner of the fire station and related fire training facilities proposed for the development of Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER KERSCH SECONDED the motion. The question was called, and it CARRIED 6 -0. D) Case 07 -020. Request Variance, in accordance with KIBC 17.66.020 and KIBC 17.19.040.A, to allow a 5 foot encroachment into the 25 foot front yard setback required by plat note. Lydick reported this request is intended to permit a 4.5 -foot encroachment into the 25 foot front - yard setback established on the subject parcel during the subdivision process — Case S90 -001- November 1990. The purpose of this request is to relieve the builder of an inequitable development restriction on this lot. One - hundred -two (102) public hearing notices were distributed on February 26, 2007. Six (6) written comments have been received by the department responding to the public hearing notice. Three comments supported the request & three comments opposed the request. Staff is recommending approval of this request for variance. COMMISSIONER JANZ MOVED TO GRANT a variance from KIBC 17.19.040 A, to allow a 4.5 foot encroachment into the 25 foot front yard setback, in accordance with KIBC 17.66.020, and to adopt those Findings of Fact contained in the staff report dated February 27, 2007, as Findings of Fact for Case No. 07 -020. March 28, 2007 P & Z Meeting Minutes Page 4 of 6 The motion FAILED due to a lack of a second. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to Mr. Edward Mahoney dated March 5, 2007 from Martin Lydick, Associate Planner. B) Letter to Martin Lydick dated March 22, 2007 from Edward Mahoney regarding the letter of Courtesy & Advisory dated March 5, 2007. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: • April 11, 2007 work session at 7:30 p.m. in the KIB Conference Room • April 18, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers Smith also reminded the commission of the April 4, 2007 P &Z Work Session/ Borough Wide Comp Plan Open Meeting at 7:00 pm in the MB Assembly Chambers. COMMISSIONER JUENGER stated he will not be able to make the meeting. CHAIR KING stated he will be out of the state and won't be able to attend. COMMISSIONER KERSCH MOVED TO ACKNOWLEDGE receipt of reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS Gordon Jenson spoke against Case 07 -020. COMMISSIONER COMMENTS COMMISSIONER CARVER commented on the last issue regarding the enforcement of our codes and inspections that are to enforce our codes. He feels we need to re -look at this policy that exists in this borough where enforcement is only really done in any real way after there's a complaint that has been lodged with respect of some issue regarding the Planning & Zoning statutes and codes. This is a clear case that this policy has gotten us in trouble and will continue to get us in trouble. We have codes for a very real reason and they're only as good as to the degree that they can be implemented and enforced. It is unfortunate to have to deal with code violations after the fact and he feels there should be more thorough inspection and enforcement to ensure these kinds of things whether they are honest mistakes or intentional code violations don't take place before the fact and not after the fact. COMMISSIONER JUENGER thanked Martin Lydick for his assertiveness in his positions when he is right. COMMISSIONER JANZ stated she hopes we can continue to strive to support small businesses in their endeavors. She also thanked the Borough for sending herself and 3 others to March 28, 2007 P & Z Meeting Minutes Page 5 of 6 Commissioner Training last month. It was very educational and she learned a lot and thanks the borough for their support. CHAIR KING thanked everyone. ADJOURNMENT CHAIR KING ADJOURNED the regular meeting at 9:00 p.m. ATTEST By: Sheila Smith, Secretary Community Development Depal twent DATE APPROVED: April 18, 2007 March 28, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: David King, Chair P & Z Meeting Minutes Page 6 of 6 CALL TO ORDER KODIAK ISLAND BOROUGH REGULAR MEETING PLANNING AND ZONING COMMISSIO APRIL 18, 2007 .1 MAY 2 1 2007 MINUTES I BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by CHAIR KING on April 18, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King — Chair X Duane Dvorak, Acting Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Casey Janz X Community Development Dept. Bill Kersch X Gary Juenger X Vacant A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to move the Brechan Gravel Lease Land Disposal to the end of the agenda. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER CARVER MOVED TO APPROVE the minutes as submitted. 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 07 - 020. Request a Variance, in accordance with KIBC 17.66.020 and KIBC 17.19.040.A, to allow a 5 foot encroachment into the 25 foot front yard setback required by plat note. Staff reported this case was on last month's agenda and is being brought back to be voted on. There was a motion made at the last meeting but it died due to a lack of a second. Staff reviewed the codes and determined the commission has to approve or disapprove the request and to adopt findings in support of their decision. Public Hearing Notices were re -sent for this meeting. We did receive 2 written objections. COMMISSIONER JANZ MOVED TO GRANT a variance from KIBC 17.19.040 A, to allow a 4.5 foot encroachment into the 25 foot front yard setback, in accordance with KIBC 17.66.020, April 18, 2007 P & Z Commission Meeting Minutes Page 1 of 8 IV and to adopt those Findings of Fact contained in the staff report dated February 27, 2007, as Findings of Fact for Case No. 07 -020. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Constance Jenson spoke opposing this request. Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0. COMMISSIONER CARVER MOVED to defer Findings of Fact until the next regular meeting. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. C) Case 07 -022. Request a Title 18 Land Disposal, according to KIBC 18.20 to request a disposal of land by lease for fair market value, or by land trade of a 1,500 sq. ft. portion of Tract A, U.S.S. 3463. Staff reported the request is to lease or get an easement of approximately 1,500 square feet. It only affects a small portion of the greenbelt, which is located on Lilly Drive where Island Lake Creek flows underneath. The driveway has been there since the 70's or early 80's,and the residences have been there since the 80's. It hasn't interfered with the Borough's trail. The driveway seems to be a part of the trail as it leads to Lilly Drive and across the street. Staff recommended approval of this disposal. In order to meet uniform fire code requirements they need at least a 25 foot swathe and perhaps additional room for maintenance. Stipulations that were recommended with this disposal did include a 5 foot maintenance easement provision on either side. It will be the responsibility of the property owner to arrange for surveying and appraisal of this easement interest. Staff has recommended approval subject to stipulations. Staff did a site visit and the topography is just too steep and there is no way to access these properties direct from the road. COMMISSIONER JANZ MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: The applicant in Case 07 -022 has demonstrated a need for easement access across Tract A, Miller Point Alaska Subdivision First Addition. Lots IA, IB and 2A, Block 6, Miller Point Alaska Subdivision First Addition (MPASFA), have relied on access through Tract A since about 1977 which has not interfered with public access to the greenbelt trail. The three lots in question do not have a reasonable alternative for direct access to Lilly Drive as might be inferred from the plat of record. April 18, 2007 P & Z Commission Meeting Minutes Page 2 of 8 The disposal of a 30 foot wide access easement for the non - exclusive use of Lots IA, 1B and 2A, Block 6, MPASFA in addition to the continued public pedestrian access to the Island Lake Trail will not have a substantial effect on the recreational or open space values of the Island Lake Trail greenbelt. The disposal of a 20 foot wide easement for driveway access with an additional five (S) foot maintenance easement on either side described as, a portion of Tract A, MPASFA is hereby recommended approval by the Kodiak Island Borough Assembly. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Howard Weston recommended the Planning & Zoning Commission prevent this from happening in the future. Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -0. D) Case S07 - 012. Request preliminary approval, in accordance with KIBC 16.40, to allow the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A. The replat also includes 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 lines configuration. Dvorak reported the petitioner made this request to straighten out lot boundaries. It doesn't create any new lots and he believes it's intended to conform these lot lines to the prevailing topography and straighten out the utility easements for better utilization. There is the canting of one property line that intersects with the City boundary but by rotating it a few degrees it will now coincide with the City boundary. Staff recommended approval of the preliminary plat, and staff recommended approval of the vacation of easement. A discussion of the property. COMMISSIONER CARVER MOVED TO GRANT preliminary approval for the replat of Lots 7 and 8, and Tract A, Industrial Park Subdivision, and Commercial Tracts 1 and 2 creating Lot 7A, Lot 7B, and Tract A -1, Industrial Park Subdivision and Commercial Tracts 1 -A and 2 -A, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: April 18, 2007 P & Z Commission Meeting Minutes Page 3 of 8 CONDITIONS OF APPROVAL 1. Prior to final plat approval, prepare a drainage plan for review and approval by the City of Kodiak Building Department and obtain a new drainage /grading permit if required. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 6 -0. COMMISSIONER CARVER 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 S07 -012, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated April 11, 2007 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: CONDITIONS OF APPROVAL 1. Prior to final plat approval the plat shall be submitted to the Kodiak Island Borough Assembly and 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 6 -0. B) Case 07 - 021. Request a Title 18 Land Disposal, according to KIBC 18.20, 1840, and 18.60, to consider a request to lease borough land for fair market value for the purposes of resource extraction processing and stockpiling. (This request involves both a request to lease the land, per KIBC 16.40, and a request for material sale per KIBC 18.60.) Dvorak reported the request involves 4 Tracts of land, approximately 80 acres for disposal. These parcels have previously been disposed for a 25 year period that is due to expire June 30, 2007. That disposal was executed by lease, and was for 5 years and was renewed or extended in 5 year increments. Originally, the leases were to 2 different companies that eventually merged together into one entity. The petitioners submitted information indicating their desire to request a new disposal by lease. They have met with staff and discussed the Womens Bay Comp Plan, which is April 18, 2007 P & Z Commission Meeting Minutes Page 4 of 8 what staff refers to when looking at these land disposal requests. Staff hasn't found any indicators that the Borough has any use for this property for municipal purposes. There is indication that eventually these properties will be disposed of for other purposes at such time as the resource extraction activity is either terminated or abandoned. From staff's perspective most of the concerns have been mentioned, if not addressed in the staff report. Staff did recommend a disposal and a number of stipulations which would address concerns that have been raised in the process. In addition to the material staff provided, the petitioners have provided a survey they prepared last fall showing the existing conditions basically at the close of the last construction season. COMMISSIONER CARVER also provided an alternate recommendation for a partial disposal. Staff doesn't think a partial disposal would be the best recommendation. In addition, there was a hydrological analysis provided in the packet. COMMISSIONER CARVER also provided a partial reclamation plan, an extraction analysis, and a quantity analysis of material. Staff hasn't had a chance to look at this. Dvorak stated that COMMISSIONER WATKINS has provided a substitute resolution with alternate stipulations, and copies have been provided to the public and commissioners. The commission had a discussion. COMMISSIONER WATKINS MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding Land Disposal reviewed by the Commission Case 07 -021. A resolution of the Kodiak Borough Planning & Zoning Commission, recommending a disposal by lease for fair market value to Brechan Enterprises Borough land known as Tracts B -1, B -2, B- 3 for the purposes of gravel extraction and Tract B -4A for the purposes of maintaining the by- pass stream and remediation of Tract B -4A. Now therefore, be it resolved by the Kodiak Island Borough Planning &Zoning Commission that: Section 1: The KIB Planning & Zoning Commission, in accordance with Title 18 of the KIB code recommends the approval of a lease disposal by the KIB Assembly, for fair market value of approximately 84.4 acres comprising of Tracts B -1, B -2, B -3, and BO4A Bells Flats Subdivision subject to certain stipulations. Section 2: Stipulations 1. A reclamation plan, subject to the approval of the P &Z Commission and the Borough Assembly, be developed prior to leasing these tracts and that remediation of Tract B -4A begin in the first 6 months of the lease, and be completed in the first year of the lease and the remaining Tracts be remediate prior to the end of the lease period. Reclamation shall take place as areas are no longer used for active extraction. 2. The negotiated lease be brought before the P &Z Commission prior to its final approval by the Assembly. 3. The lessee is required to coordinate with the appropriate regulatory agencies with regard to extraction and reclamation activities to ensure compliance with existing regulations affecting the extraction use and the potential impact of that use on surrounding habitat and residential areas. April 18, 2007 P & Z Commission Meeting Minutes Page 5 of 8 4. The minimum extraction depth of the existing lease agreement will be restated in a new lease agreement as a Maximum extraction depth subject to Assembly approval through lease negotiation process. 5. The lessee shall develop a hydrologic management plan for the site within 8 months of lease start. 6. The lease shall be for a period of 3 years with an option to renew at the discretion of the Assembly, not the lessee, for one additional 3 year lease. 7. The Assembly may permit "early right of entry" into the lease area under the provisions of the existing lease agreement, for a period not to exceed 3 months from the normal expiration of that agreement in order to allow lease negotiations to take place. If no lease agreement is reached by the end of this period extraction operations will cease, the demobilization requirements of the existing lease will be in affect. 8. As Tract BO4A has a direct impact on the local residential water table is is not surplus in the strict sense of the word and access shall be for remediation and bypass stream maintenance. 9. Hours of operation (per Brechan Enterprises letter dated March 1, 2007) shall be 7 am to 7 pm, Monday through Saturday, with no work on Sundays. 10. The buffer zones laid out in the Brechan letter dated March 1, 2007 shall be maintained and kept in a topography that blends smoothly into the surrounding area. 11. All prudent efforts shall be used to minimize the noise level during operations including the relocation of the crusher operations to the farthest side of Tract B -1. Section 3 Findings 1. The proposed lease recommendation, subject to the stipulations, gives due deference to the 2007 Womens Bay Comprehensive Plan and the reasonable concerns expressed by the Womens Bay residents through the public hearing process. 2. The need for continued hydrologic management and reclamation of the site favors the continued lease of the B Tracts to the party most responsible for the current disposition of the site, Brechan Enterprises. 3. The site requested for review has previously been determined to be surplus to the borough's needs. Future designation of the site in the 2007 Womens Bay Comprehensive Plan is intended to be for recreational use or residential development. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, THIS EITHTEENTH DAY OF APRIL, 2007. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Mike Martin spoke opposing P &Z's motion. Nick Troxell spoke in favor of the request. April 18, 2007 P & Z Commission Meeting Minutes Page 6 of 8 Sandra Perry asked if any of the commissioners seen this resolution before tonight, have they had a chance to study or look at it, and who prepared it? COMMISSIONER WATKINS stated no one else has seen it before tonight, and he was the one who wrote it. Sulua Stager spoke opposing the request and would rather have a park. John Sessom from Brechan is not happy with the commission. Chris Lynch is opposed to the P &Z resolution. John Miller spoke opposing the P &Z resolution. Howard Weston attested to high quality Brechan material. Don Lawhead spoke opposing the P &Z motion. Judy Kidder spoke in favor of the request. Bob Hales supports the request. Dave Froehlich spoke in support of the request. George Kontra spoke in support of the request. Rusty Pruitt spoke in support of the request. Mike Milligan spoke in support of the request. Jim Towk spoke in support of the request. Kevin Arndt phoned in to state this pit should be utilized to its fullest which could possibly be 12 more years. Tim Booch spoke in support of the request, but stated we need a clear reclamation plan. He also commended COMMISSIONER WATKINS and the P &Z. Lorne White spoke in support of the request. Joe D'Elia stated the Borough should hire a consultant to do a hydrology study. He would also like the Borough to fund the service district to or have Brechan apply calcium chloride or water to the road surface during dry spells to control the dust. Lisa Booch stated we need a reclamation plan that they will talk to us about and need to work together. Don Mather spoke in support of the request. Tess Dietrich is confused about the whole process. CHAIR KING called a 10 minutes recess. CHAIR KING called the meeting to order. Marie Rice stated a hydrology study is needed. Dave Heauman spoke in favor of the lease, but a hydrology study and a good reclamation plan is needed. April 18, 2007 P & Z Commission Meeting Minutes Page 7 of 8 Josh (inaudible) feels we need to stick to staffs motion. Public hearing closed: Regular session opened: A discussion between Commissioners. CHAIR KING called a 5 minute recess. CHAIR KING called the meeting to order. COMMISSIONER CARVER MOVED TO TABLE this present motion until a special meeting on May 2 COMMISSIONER KERSCH SECONED the motion. The question was called, and it FAILED 6 -0. COMMISSIONER WATKINS MOVED TO CONTINUE this meeting on May 2, 2007 at 7:30 p.m. in the Assembly Chambers. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6 -0. CHAIR KING ADJOURNED the meeting at 10:05 p.m. CHAIR KING re- opened the meeting at 10:10 p.m. COMMISSIONER WATKINS MOVED TO AMEND the motion for the continuation of the meeting to change the date and time to May 7th at 6:00 p.m. in the KIB Assembly Chambers. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 6 -0. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 10:12 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: May 16, 2007 April 18, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION e, David King, Chair P & Z Commission Meeting Minutes Page 8 of 8 CALL TO ORDER David King — Chair Gary Carver Brent Watkins Casey Janz Bill Kersch Gary Juenger Vacant PUBLIC HEARINGS May 7, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING APRIL 18, 20 CONTINUED ON MAY 7, 2007 MINUTES 1 BOROUGH CLERK'S OFFICE Ell MAY 2 1 �D The continued regular meeting of the Planning and Zoning Commission was called to order at 6:10 p.m. by CHAIR KING on May 7, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. COMMISSIONER CARVER asked the commission to excuse him from this case due to a possible conflict of interest. The commission excused COMMISSIONER CARVER. CHAIR KING stated there have been comments that he has a conflict on interest. KING said he does not work for Brechan and hasn't been promised any offer of employment. He said if the commission feels he should step down, then he will. The commission does not feel there is a conflict of interest: therefore, he should not be excused. A. Case 07 -021. Request for a Title 18 Land Disposal, according to KIBC 18.20, 18.40, and 18.60, to consider a request to lease borough land for fair market value for the purposes of resource extraction processing and stockpiling. (This request involves both a request to lease the land, per KIBC 18.40, and a request for material sale per KIBC 18.60.) Dvorak reported a letter was distributed from ADF &G that was added to the packet, and the borough attorney was consulted on this case. Dvorak reviewed some codes with the commission. During commission's discussion information was requested from Brechan. Mike Martin answered the commission's questions. Jim Graham spoke regarding the process of opening new pits. COMMISSIONER WATKINS MOVED TO AMEND stipulation 6 to read "The lease shall be for a period of 5 years with two 3 year renewals at the discretion of the Assembly." COMMISSIONER CASEY JANZ SECONDED the motion, and it CARRIED 5 -0. P & Z Commission Meeting Minutes Page 1 of 4 Discussion of stipulation 1. COMMISSIONER KERSCH MOVED TO AMEND stipulation 1 to use staff's recommended stipulation 3. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 5 -0. Discussion of stipulation 7. COMMISSIONER JUENGER MOVED TO ADOPT staff's recommended stipulation 7 striking the words "early right of entry" and substituting "temporary lease" with the rest of the requirement remaining the same. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5 -0. Discussion of stipulation 2. COMMISSIONER CASEY JANZ MOVED to strike stipulation 2. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED 5 -0. Discussion of stipulation 3. COMMISSIONER JUENGER MOVED TO ACCEPT stipulation 3 on the motion before us. The motion was SECONDED by COMMISSIONER KERSCH. Discussion of stipulation 5. Chris Lynch stated there are other agencies available to do hydrological studies. COMMISSIONER WATKINS MOVED TO AMEND stipulation 5 read "A hydrologic plan be developed for this site and be revisited on a regular basis through the terms of the lease." The motion was SECONDED by COMMISSIONER CASEY JANZ, and it CARRIED 5 -0. Discussion on stipulation 8. COMMISSIONER WATKINS MOVED to strike stipulation 8. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED 5 -0. Discussion of stipulation 11. Diane (inaudible and didn't sign in) speaking against moving the crusher to the farthest end. Mike Martin (inaudible). COMMISSIONER WATKINS MOVED TO AMEND stipulation 11 to read "All prudent efforts shall be used to minimize the noise level during operations. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. Amended Main Motion from the April 18 meeting NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends the approval of a lease disposal by the Kodiak Island Borough Assembly, for fair market value of approximately 84.4 acres comprising of Tracts B -1, B -2, B -3, and B -4A Bells Flats Subdivision subject to certain stipulations. May 7, 2007 P & Z Commission Meeting Minutes Page 2 of 4 Section 2: Stipulations 1. A reclamation plan, subject to approval by the Assembly, shall be developed in the initial five (5) year lease period as part of this disposal to provide for the reclamation of the lease area at the time resource extraction activities are to be concluded. The process of reclamation should be phased in over time for areas no longer subject to active extraction activities. 2. The lessee is required to coordinate with the appropriate regulatory agencies with regard to extraction and reclamation activities to ensure compliance with existing regulations affecting the extraction use and the potential impact of that use on surrounding habitat and residential areas. 3. The minimum extraction depth of the existing lease agreement will be restated in a new lease agreement as a maximum extraction depth subject to Assembly approval through lease negotiation. 4. A hydrologic plan be developed for this site and be revisited on a regular basis through the terms of the lease. 5. The lease shall be for a period of five (5) years with two three (3) year renewals at the discretion of the Assembly. 6. The Assembly may permit a "temporary lease" of the lease area, under the provisions of the existing lease agreement, for a period not to exceed six months from the normal expiration of that agreement on June 30, 2007, in order to allow for the full negotiation of a successor lease agreement. Should a lease agreement not be approved by the Assembly after this time, extraction operations will cease after December 31, 2007 and the demobilization requirements of the existing lease agreement for the site will be in effect at that time. 7. Hours of operation (per Brechan Enterprises, Inc. letter March 1, 2007) shall be lam to 7pm Monday through Saturday, with no work on Sundays. 8. The buffer zones laid out in the Brechan letter dated March 1, 2007, shall be maintained and kept in a topography that blends smoothly into the surrounding area. 9. All prudent efforts shall be used to minimize the noise level during operations. The question was called on the amended motion, and it CARRIED 5 -0. OLD BUSINESS There was no old business. NEW BUSINESS A) Code Revision — Amend Business Zoning District to allow Bed & Breakfast Use After a brief discussion, it was the consensus of the commission not to pursue the Bed & Breakfast revisions. COMMUNICATIONS A) Letter of Courtesy & Advisory to Lesnoi, Inc. dated March 20, 2007 Dvorak explained they had received a report of a squatter living on Lesnoi land at Mayflower Beach, so this Letter of Courtesy & Advisory was sent to Lesnoi making them aware of it. May 7, 2007 P & Z Commission Meeting Minutes Page 3 of 4 COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: • May 9, 2007 work session at 7:30 p.m. in the KIB Conference Room • May 16, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B) Minutes of Other Meeting: • January 8, 2007 Gravel Task Force Minutes • January 9, 2007 Parks & Recreation Committee Minutes • January 13, 2007 Parks & Recreation Committee Minutes • February 27, 2007 Parks & Recreation Committee Minutes AUDIENCE COMMENTS Randall Borgeman requested the commission reconsider Case 07 -020. COMMISSIONER COMMENTS COMMISSIONER JANZ thanked the commission, staff, and public for working through this. COMMISSIONER JUENGER thanked staff for their continued service. COMMISSIONER WATKINS thanked everyone for coming back tonight. ADJOURNMENT COMMISSIONER CARVER MOVED to adjourn. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. CHAIR FRIEND ADJOURNED the regular meeting at 8:18 p.m. ATTEST By: 0 xQ . 4 D Sheila Smith, Secretary Community Development Department DATE APPROVED: May 16, 2007 May 7, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: t 7Z !o f Dave King, Chair P & Z Commission Meeting Minutes Page 4 of 4 I CALL TO ORDER II ROLL CALL A quorum was established. KIB Employees Present Marylynn McFarland Jessica Basuel Tracy Mitchell Mary Barber Others Present Chris Nielsen III APPROVAL OF AGENDA Personnel Advisory Board MINUTES Personnel Advisory Board Minutes Regular Meeting July 18, 2006 The Personnel Advisory Board regular meeting of July 18, 2006 was called to order by Lauri Whiddon, KIB Staff for the Personnel Advisory Board at 5:35 p.m. in the Kodiak Island Borough Conference Room. Board Members Present Absent Bill King Brenda Zawacki Sue Eoff Pam Foreman Staff Present Rick Gifford, Borough Manager Lauri Whiddon, HR Officer/Executive Assistant Nova Javier, Borough Clerk Sharon Lea Adinolfi Sharon Blakeslee Sharon Kennedy E C E 1:9 E JUN 2 5 2 �� BOROUGH OFFICE A motion was made to amend the agenda by moving the Clerk's presentation before the election of officers. The agenda was approved as amended. IV PARLIAMENTARY PROCEDURES PRESENTATION Borough Clerk Nova Javier gave a brief presentation on parliamentary procedure. V ELECTION OF OFFICERS a) Chair — Pam Foreman was nominated and elected as chair. Page 1 of 5 July 18, 2006 b) Vice -Chair — Sue Eoff was nominated and elected as vice - chair. c) Secretary — it was agreed that Lauri Whiddon, as Staff to the board, would also perform the duties of secretary. VI CITIZENS' COMMENTS Sharon Blakeslee welcomed the board and thanked them for volunteering their time. She asked whether or not bylaws existed for the board. It was confirmed that according to the Borough Code, there were no bylaws for this board. Sharon Lea Adinolfi also thanked the board for volunteering their time. She added that it will be nice to have the ability to update job descriptions on a regular basis, and that review of job descriptions should be one of the main duties of the Personnel Advisory Board. Discussion followed on employee input into the selection of board members. Clerk Javier was checking on this process and would notify employees. Sharon Lea suggested that one seat be reserved on the board for an employee representative. Chris Nielsen, former PAB board member, was in the audience, and stated that he had submitted his application to become a board member again. VII ITEMS OF BUSINESS a) Introduction by Borough Manager Rick Gifford Manager Gifford distributed his business cards to board members and welcomed everyone to the Personnel Advisory Board meeting. He stated that since this board has not met for over five years, this meeting would be a good opportunity to get organized, have election of officers, review parliamentary procedure, and go over what the Personnel Manual states are the duties and responsibilities of the PAB. He also wanted to go over his goals and objectives for this board. Manager Gifford then briefly went over Section 203 of the Personnel Manual. He went on to explain that changes to the Personnel Manual needed to be made by ordinance. He further described the process, and all of the duties of the PAB, as listed in the manual. Manager Gifford described the process of minutes and that draft minutes would be submitted to the board for amendment or approval, then to the Clerk with copies to the Assembly, and distributed to each department accordingly. Manager Gifford stated that the main responsibility of the board is to review job descriptions as prepared by the Borough administration and submitted by the Borough Manager for the purpose of determining placement in a pay range using the salary placement process as adopted by the Assembly. He went on to say that over the next year, this will be the main work that will take place, stating that his goal is to review all job descriptions and update each one, utilizing a format that is compliant with applicable laws. Personnel Advisory Board Page 2 of 5 July 18, 2006 He stated that the IBEW has asked us to review one particular job description within the next ninety (90) days, and we will make that a priority before getting started on the others. It will be at this point in reviewing this particular job description that the board will be able to review how the current salary range schedule works. He stated that eventually, we may have to address possibly updating the salary range placement process and he is willing to discuss any other methods and plans, perhaps even discussing this before we begin reviewing all job descriptions. Finally, the manager stated that the Personnel Manual will be reviewed and updated, as it has not been updated for some time. Manager Gifford stated that as we go through this process, there may be other changes that may be brought before the board for consideration, as well as suggested changes from the board, and input from employees. Manager Gifford explained that the Kodiak Island Borough has about thirty (30) employees that are represented by IBEW and covered by a separate agreement, a copy of which has been furnished to board members, along with a copy of the Personnel Manual. He went on to explain that the contract mirrors the Personnel Manual, with some slight differences. Susan Eoff wanted clarification on the duties of the PAB as it pertains to Section 203. She stated that she understands that the board is to review the job descriptions, that come before them, for the purpose of determining placement on the salary scale, and she understood that to mean that they are not to make recommendations or changes to the job description. Manager Gifford stated that he agreed with that understanding of the duties, that the job description is a management prerogative as they work through the efficiency of staff and the duties assigned to them. He clarified by explaining that the board will be presented with the finished job description for an employee, and it will be the board's job to review the job description to determine where it fits on the salary schedule, based on the process that is currently in the manual. Bill King stated that there was some confusion the last time the board met, which was in 2001, that had to do with some employees not being happy about the way that their job descriptions were written. There was much discussion at that time about the responsibility of the board for re- writing job descriptions, and that if the employee felt that the department head did not rewrite the job description to the satisfaction of the employee, some employees thought that it was then up to the board to rewrite the job description at that point. There was some discussion at that time that the board might be in the position to recommend arbitration or action if an employee was to bring forth a grievance based on a disagreement about the rewrite of their job description. He went on to say that it wasn't clear then and since there were no other meetings after that particular one, that it never got resolved. The Manager stated that there is something that mentions that in the contract and it is something that he will have to look into to see how that would work. Mr. King went on to say that as an air traffic controller, he would find it difficult to rewrite a job description for someone who works down at the baler facility. Ms. Foreman stated that some years ago, she served on the City of Kodiak Personnel Advisory Committee and that as a member of the committee, they handled grievances, but it is her understanding that the KIB PAB does not handle grievances, but can make recommendations to arbitration. Manager Gifford stated that it depends on what the issue is and if it has to do with the collective bargaining Personnel Advisory Board Page 3 of 5 July 18, 2006 agreement, they already spell out how to handle a grievance; the process is spelled out in the agreement. The Personnel Manual does address grievances and arbitration and there may be some involvement for the Board, but for the most part, as it relates to the responsibilities of the Board, it will be spelled out in the Personnel Manual. If it is related to job descriptions, which is not covered under the collective bargaining agreement, then it will come under the Personnel Manual. Discussion followed on the process that will take place to review all of the job descriptions since a review has not been done for quite some time. Manager Gifford stated that we will work on the one job description that we agreed to consider first, and once that is done, we will then gear up to review all of the other job descriptions. It is a process that will take some time to get done. Ms. Foreman stated that at this point, she recommends that the Board become familiar with the Personnel Manual, and understand how they will utilize the information in the manual to recommend placement of the job descriptions on the pay scale. Manager Gifford stated that it is his understanding that the Board will be presented with the job description and the recommended placement and will be asked for input on whether or not they are in agreement with the recommended placement. Ms. Foreman added that in order to do that, they need to be aware of the process as it is outlined in the manual. Marylynn McFarland asked whether or not employees are welcome to talk to the Board personally about any issues that they would like to see placed on the agenda. Pam Foreman stated that although she has not yet had the chance to read through the Personnel Manual, it is her understanding that Board Members can add any items for discussion to the agenda and also have the right to call a special meeting. Sharon Kennedy stated that in the past, when notice of the meeting was sent out, employees were given the opportunity to add agenda items at that time. She asked whether or not this practice would continue. Lauri Whiddon stated that it is something that may be considered, but since this first meeting was more of an organizational meeting, the agenda was brief and limited to a couple of items. Mr. Nielsen said that it is helpful to have the employee present at the PAB meeting, when their position is being considered, since the Board would not be familiar with the duties of their position. Ms. Foreman added that these meetings are open to the public. Ms. Foreman thanked Manager Gifford for his taking the time to walk the Board through this process, and thanked the employees for their patience while the board becomes familiar with the process. b) The Personnel Status Report was accepted as presented. VIII COMMENTS a) Board Comments Ms. Eoff mentioned that since Mr. Nielsen was interested in serving on the board, and asked about the process for appointment. Clerk Javier answered that Mr. Nielsen's application will be Personnel Advisory Board Page 4 of 5 July 18, 2006 scanned and emailed to all Borough employees for any input. His application will be reviewed at the Assembly work session on July 27 and hopefully, Mr. Nielsen can be appointed at their Regular Meeting of August 3rd Ms. Foreman mentioned that when general comments are received from the citizens during a meeting, action may not necessarily be taken at that time. However, it can be placed on the agenda through the amendment process. If it is agreed by all the members of the Board, through unanimous consent, to add an item to the agenda, after the agenda has already been approved, then it can be added. Another option is to consider adding the item to the agenda of a future meeting. Clerk Javier also suggested that if there are any informational materials that employees would like to present to the Board members, information can be distributed through the Clerk's office. Manager Gifford thanked the Board for volunteering their time through participation on the PAB, and stated that he looks forward to working with the board as we go through the process. It was decided that the next quarterly meeting will be October 17 which is the third Tuesday of the month. IX ADJOURNMENT The meeting was adjourned at 6:48 p.m. Respectfully submitted: Lauri Whiddon, Secretary W 2co te Approved Personnel Advisory Board Page 5 of 5 July 18, 2006