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2007-08-02 Regular Meeting9. Kodiak Island Borough Assembly Regular Meeting Agenda August 2, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. c � , p 5! / APPROVAL OF MINUTES 5 c�'1 - �` vki 1 o"r ‘ A. *Kodiak Island Borough Regular Meetings of June 7 and /J une 26, 2007. 6. Li( 1 AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Award(s) 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS BLIC HEARING Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. B. Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07 -028.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. 2. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. D. Other Items 1. Mayoral Appointments to the Solid Waste Advisory Board. 2. BOARD OF ADJUSTMENT Adoption of Findings of Fact for An Appeal of the Planning and Zoning Commission's Decision Before the Board of Adjustment on Case No. 07 -020 Requesting a Varian in Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow Foot Encroachment Into the 25 Foot Front Yard Setback Required by PI t Note (Appellant: Lester Leroy Russell.) 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. EXECUTIVE SESSION A. Review of a Legal Opinion on the Role of the Architectural Review Board and Assembly on Final Selection of a Design Firm 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meetings of April 10, May 9, May 14, May 23, and May 30, 2007. 2. Fire Protection Area No. 1 Board Regular Meeting of May 15, 2007. 3. Gravel Task Force Committee Meeting of May 7, 2007. 4. Monashka Bay Road Service Area Board Meeting of January 28, 2002; January 27, March 18, 2003; April 5 and May 12, 2004; February 9, February 23, June 6, June 21, July 5, and October 5, 2005; March 28, 2006; February 28, March 7, May 3, and May 17, 2007. 5. Parks and Recreation Committee Regular Meeting of June 12, 2007. 6. Planning and Zoning Commission Regular Meeting of May 16, 2007. 7. School District Board of Education Regular Meeting of May 21 and Special Meeting of June 11, 2007. B. Reports 1. Kodiak island Borough June 2007 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda August 2, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Kodiak Island Borough Regular Meetings of June 7 and June 26, 2007. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Award(s) 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. Ordinance No FY2008 -01A Amending Ordinance No FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. B. Ordinance No FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07-028.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. 2. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. D. Other Items 1. Mayoral Appointment to the Solid Waste Advisory Board. 2. BOARD OF ADJUSTMENT Adoption of Findings of Fact for 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. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. EXECUTIVE SESSION A. Review of a Legal Opinion on the Role of the Architectural Review Board and Assembly on Final Selection of a Design Firm 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meetings of April 10, May 9, May 14, May 23, and May 30, 2007. 2. Fire Protection Area No. 1 Board Regular Meeting of May 15, 2007. 3. Gravel Task Force Committee Meeting of May 7, 2007. 4. Monashka Bay Road Service Area Board Meeting of January 28, 2002; January 27, March 18, 2003; April 5 and May 12, 2004; February 9, February 23, June 6, June 21, July 5, and October 5, 2005; March 28, 2006; February 28, March 7, May 3, and May 17, 2007. 5. Parks and Recreation Committee Regular Meeting of June 12, 2007. 6. Planning and Zoning Commission Regular Meeting of May 16, 2007. 7. School District Board of Education Regular Meeting of May 21 and Special Meeting of June 11, 2007. R. Reports 1. Kodiak Island Borough June 2007 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Guidelines August 2, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assembly member Sue Jeffrey may be absent. 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. All items in yellow are consent agenda items. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION Recommended motion: Move to approve the agenda and consent agenda. Mayor Selby will read aloud the items on the consent agenda. All that is needed to remove any item from the consent agenda is the request of an Assembly member. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA 5. *APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of June 7 and Special Meeting of June 26, 2007. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Award(s) —6j CITIZENS' COMMENTS (These are limited to three minutes per speaker.) ( A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in . nd state their name for the record. 00 Koe sland Borough Assembly Guidelines August 2, 2007 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. Recommended motion: Move to adopt Ordinance No. FY2008 -01A. Staff Repo - — Manager Giffor Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07-028.) Recommended motion: Move to adopt Ordinance No. FY2008 -02. Staff Report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines August 2, 2007 Page 2 13. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS — None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. Note: A corrected version of the ordinance is attached on green paper and is available to the public. Recommended motion: Move to adopt Ordinance No. FY2008 -04 in first reading to advance to • ublic hearing on August 16, 2007. Staff report anager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. Recommended motion: Move to adopt Ordinance No. FY2008 -05 in first reading to advance to-p• . ' ' aring on August 16, 2007. Staff report Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. OTHER ITEMS 1. Mayoral Appointments to the Solid Waste Advisory Board. Recommended motion: Move to appoint Ed Mahoney to a three year seat representing the construction businesses with a term to expire 2010 and Daniel Rohrer to a two year seat representing the retail businesses with a term to expire 2009 on the Solid Waste Advisory Board. Kodiak Island Borough Assembly Guidelines August 2, 2007 Page 3 Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. BOARD OF ADJUSTMENT — ADOPTION OF FINDINGS OF FACT for 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 4.5 Foot Encroachment Into the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell.) Mayor Selby announces that is the continuation of the July 5, 2007 proceedings of the Board of Adjustment. The Assembly may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberation on any essential findings -of fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION. After the vote, the Mayor invites the Clerk's Office Staff and the Manager to join in executive session and recesses the Board of Adjustment. Upon returning from executive session, Mayor Selby reconvenes the Board of Adjustment. Recommended motion: Move to adopt the findings of fact and conclusions supporting the July 5, 2007 Board of Adjustment's decision of reversing in whole the Planning and Zoning Commission's Decision on Case No. 07 -020 Requesting a Variance in Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow a 4.5 Foot Encroachment Into the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell.) Please enumerate the findings of fact and conclusions. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 2, 2007 Page 4 After the vote, the Mayor reads: Any person aggrieved by a final decision of the Board of Adjustment under this chapter may appeal that decision to the Superior Court within thirty (30) days of the decision. An appeal to Superior Court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the State of Alaska. The findings of the Board of Adjustment shall not be reversed, if in Tight of the whole record they are supported by substantial evidence. 14. EXECUTIVE SESSION A. Review of a Legal Opinion on the Role of the Architectural Review Board and Assembly on Final Selection of a Design Firm. Recommended motion: Move to convene into executive session to review a legal opinion on the role of the Architectural Review Board and Assembly on final selection of a design firm, a matter that qualifies for executive session as a potential or pending litigation to which the borough may become or is a party. ROLL CALL VOTE ON MOTION Please invite all Assembly members, the Manager, and the Clerk's Office Staff to participate. Please recess the regular meeting and convene the executive session. Please ask for Assembly consensus if you want to invite the ARB to join in. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 16. ASSEMBLY MEMBER COMMENTS The next regular work session of the Assembly is scheduled onhursday, August 9, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular rne of the Assembly is scheduled on August 16, 2007 at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines August 2, 2007 Page 5 as U C 3 H cV O y.., cu 0 U Cd 0 M•� W.1 c7 d CD o 0 vn U czi H z 0 z w 0 CI; rip 0 C/1 c Mr. Abell Ms. Branson Mr. Friend Xau o r 'sw I ua '1 'sTAT Mr. Oswalt 1V13. VY 1111CL111J TOTAL M O "� 0 v) k:k >. iiaay AN Ms. Branson Mr. Friend /Cain° r 'SW I uouk7 'sJAI Mr. Oswalt - 1V1J. 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Mr. Oswalt • •• 1 lams TOTAL --?6e-2_4.. , .,,, t , ,,,,,,,. 0 0 co ' 4 > ..i.> 11 Mr. Abell I l Ms. Branson fi Mr. Friend i ' Mr. Oswalt MS7Wil lams TOTAL - 0 b � ----4 co -- N 0 0 0 cit >, KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your name FNO7 Please print your name KODIAK ISLAND BOROUGH Regular Assembly Meeting June 7, 2007 A regular meeting of the Kodiak Island Borough Assembly was held June 7, 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, CDD Director Bud Cassidy, Projects Assistant Sharon Lea Adinolfi, Finance Director Karl Short, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by OSWALT. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY The following items were approved under consent agenda: • Kodiak Island Borough Regular Meeting of May 3, 2007. • Contract No. FY2007 -47 Kodiak Island Borough Facilities Schools and Grounds, Road Maintenance and Repairs, Snow Removal and Sanding, and Other Small Projects. (Consent Agenda) • Contract No. FY2007 -48 Service Area No. 1 Road Maintenance and Repair and Snow Removal and Sanding. • Contract No. FY2007 -49 Womens Bay Service Area Road Maintenance and Repair and Snow Removal and Sanding. • Resolution No. FY2007 -29A Rescinding Resolution No. FY2007 -29 and Authorizing the Borough Manager to Sign a Memorandum of Agreement (MOA) Transferring Responsibilities for Legislatively Approved Capital Projects and Grant Funds for Village Projects and Equipment to the Community of Ouzinkie. AWARDS AND PRESENTATIONS - None. CITIZENS' COMMENTS Captain Dave Davis announced his relocation to Chico, California and thanked the Assembly for its many years of support to the community programs he volunteered in. n a Mvr Selby thanked n.,..a..:.. Davis for the Selb ian ked Captain Davis for the outstanding job he had done for the Assembly and for the support he had given to the community. Dave Heuman thanked the Assembly members for their work on the short term lease with Brechan, Inc. noting it was a good move for the Borough. Tom Schwantes encouraged the Assembly to pursue a short term lease before doing a long -term lease. He asked the Assembly to have a reclamation plan as part of the long -term lease. Kodiak Island Borough Assembly Minutes June 7, 2007 Page 1 COMMITTEE REPORTS A. Annual Economic Development Committee Report Trevor Brown, Economic Development Specialist for the Chamber of Commerce, presented their Chamber's annual economic report. He thanked the Assembly for its support to the Chamber of Commerce. B. U.S. Army Corp of Engineer Update Charlie Payton, U.S. Army Corp of Engineer Project Manager, gave a report regarding the clean up efforts in Kodiak. He introduced Jeff Brownlee of ADEC and Kate Daniels of Jacob's Engineering. Mr. Payton announced the U.S. Army Corp of Engineer representatives will be at the Safeway lobby on Friday, June 8, 2007 from 3 to 6 p.m. for an open house to answer public's questions and he can be contacted at (907)753 -5718 for any questions. PUBLIC HEARING A. 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.) OSWALT moved to adopt Ordinance No. FY2008 -01, seconded by BRANSON. Manager Gifford reported this budget includes funds to be spent in the General fund, special revenue funds, debt service funds, capital project funds, and enterprise funds. This ordinance also levies a tax on the real and personal property within the borough as well as upon natural resources extracted and removed from the Borough. This budget ordinance required no mill rate increase. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. A substituted version was provided to reflect the changes requested by the Assembly at the last work session. WILLIAMS moved to amend Ordinance No. FY2008 -01 by substitution, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND ORDINANCE NO. FY 2008 -01 BY SUBSTITUTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson Assembly member Branson thanked staff for the work that was put into the budget. She was in favor of the budget as presented and amended. She requested Staff to work on a fiscal plan in July 2007. Assembly member Jeffrey found it helpful to have revenue sharing in budget. She was grateful to b a bl e to fully fund O school district. VG able to l.1II 1.111.1 1.1I i school Vlalll MI.. Assembly member Abell reiterated that this was an easy budget with the one -time money availability. He stressed the importance of buying locally. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Kodiak Island Borough Assembly Minutes June 7, 2007 Page 2 B. 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, seconded by FRIEND. Manager Gifford and staff felt it prudent that the tax on personal property accounts (not including boats) with a low assessed value not be billed. The Borough Attorney reviewed this ordinance. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend BOROUGH MANAGER'S REPORT Manager Gifford reported the 2007 Alaska Legislative session was over and the Borough will receive $571,286 in revenue sharing which will enable the Borough to provide for the local school funding as requested. The State also funded the PERS/TERS liability making up the difference in the employer rate. SB 111 which establishes a state Public Use Area at Narrow Cape passed the Legislature and is awaiting transmittal to the Governor. The State Capital Budget passed by the legislature included capital projects for Kodiak Island. Manager Gifford gave an update regarding Kodiak Sanitation emptying most residential garbage dumpsters on Sundays. Construction bids for the Kodiak Middle School Seismic project are due on Monday, June 11, 2007. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commented that the State monies received were one -time funds. He encouraged citizens to communicate to Kodiak's representatives. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -46 Floor Covering Replacement at Kodiak Schools. OSWALT moved to authorize the manager to execute Contract No. FY2007 -46 with Northwest Carpeting Company, LLC of Eagle River, Alaska in the amount not to exceed $190,688, seconded by WILLIAMS. Manager Gifford reported that this contract was for the removal and replacement of flooring at Main Elementary School and the KHS Kitchen. Three bids were received and Northwest Carpeting Company, LLC was the lowest bidder in the amount of $190,688. Assembly member Williams made p n o f a letter from _ ..._ ..._,.,, public note of a ,CUGI ir�rn Jim Cole questioning staff as to Northwest Carpet Company's references. Manager Gifford stated that letter from Mr. Cole was brought to staff at 4:30 p.m. and it was not considered a protest. Manager Gifford reported that bids were compared carefully and staff recommended Northwest Carpeting Company's bid. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey Kodiak Island Borough June 7, 2007 Assembly Minutes Page 3 B. RESOLUTIONS 1. Resolution No. FY2007 -38 Rescinding Resolution FY2006 -27 and Establishing a Joint Kodiak Fisheries Advisory Committee. BRANSON moved to adopt Resolution No. FY2007 -38, seconded by OSWALT. Manager Gifford reported this Resolution would create a Joint Kodiak Fisheries Advisory Committee to advise both Assembly and City Council of fisheries issues. It is anticipated that members will be formally appointed to the committee for three year terms. Assembly member Jeffrey supported this resolution and encouraged anyone interested in serving to submit an application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch 2. Resolution No. FY2007 -39 Declaring an 84.38 Acre Portion of Borough Land, Described as Tracts B1, B2, B3 and B4 -A, Bells Flats, Alaska Subdivision a Surplus to Borough Need and Authorizing the Borough Manager to Negotiate Directly with the Petitioners for a Disposal of Borough Land by Lease for Fair Market Value. WILLIAMS moved to adopt Resolution No. FY2007 -39, seconded by OSWALT. Manager Gifford reported a corrected resolution was provided which would authorized him to negotiate with the petitioner, Brechan Enterprises, Inc., for a short-term lease, which includes a material sales contract, with similar terms and conditions as in the current lease and other relevant provisions of KIBC Title 18. The short-term lease and materials sales contract would be presented to the Assembly for its approval. Assembly member Lynch would like the short and long term leases brought before the public for comment and information. Assembly member Friend requested that a representative from Brechan, Inc. be involved with coming up with reclamation plans. He was in favor of the resolution. Mayor Selby suggested that the manager initiate the negotiation plan. Assembly member Abell was in favor of the resolution and hoped for a long -term lease. Assembly member Jeffrey noted the one -year lease would allow time for Staff to report back to the Assembly with a long -term lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt C. ORDINANCES FOR INTRODUCTION — None. D. OTHER ITEMS — None. Kodiak Island Borough Assembly Minutes June 7, 2007 Page 4 CITIZENS' COMMENTS Larry Ledoux thanked the Borough Assembly for its support in funding the school district's budget. ASSEMBLY MEMBER COMMENTS Assembly member Williams had no comments. Assembly member Friend commented on the Chamber of Commerce's Economic Report listing the top Kodiak employers and the Borough not being one of them. Assembly member Abell had no comments. Assembly member Branson was glad to have passed the budget and complimented staff on a job well done especially with the increasing revenues. She would like to see the Borough starting talking about a fiscal plan in the next month. Assembly member Jeffrey relayed her condolences to the Fields family in the death of Wanda Fields. She announced that Kodiak Sanitation will pick up bulk items free within the City limits. Assembly member Oswalt had no comments. Assembly member Lynch had no comments. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that the Assembly would meet in a regular work session followed by a special meeting on Thursday, June 14, 2007 at 7:30 p.m. in the Borough Conference Room. The next regular meeting of the Assembly was scheduled for Thursday, June 21, 2007 at 7:30 p.m. in the Borough Assembly Chambers. There would be a Joint Borough Assembly /City Council Work Session on Tuesday, June 19, 2007 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Attorney - client Privileged Communication Regarding Emergency Medical Services. JEFFREY moved to convene into executive session to discuss Attorney - Client Privileged communication regarding Emergency Medical Services, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams (Ayes), Abell (No) Mayor Selby recessed the regular meeting at 8:44 p.m. He reconvened the regular meeting at 9:13 p.m. He announced no action was taken as a result of the executive session. action - - -- . .. - � a �.+.+..�� of the executive JCJ,WII ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Kodiak Island Borough Assembly Minutes June 7, 2007 Page 5 The meeting adjourned at 9:15 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 7, 2007 Page 6 KODIAK ISLAND BOROUGH Special Assembly Meeting June 26, 2007 A Special meeting of the Kodiak Island Borough Assembly was held June 26, 2007 in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Reed Oswalt. Staff members present were Manager Rick Gifford, E &F Director Woody Koning, CDD Director Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING 1. Resolution No. FY2007 -40 Authorizing the Approval of a Short -term Lease and Material Sales Agreement with Brechan Enterprises, Inc. for Tracts B1, B2, B3, and B4 -A, Bells Flats Alaska Subdivision. JEFFREY moved to adopt Ordinance No. FY2007 -40, seconded by BRANSON. Manager Gifford reported on the status of the current lease and noted direction was given to him by the Assembly per Resolution FY2007 -39 to negotiate a short term lease of one year with Brechan Inc. to lease the B Tracts. He negotiated a lease which included the following: • Lease rate of $24,000 per year, increase of $4,000 from $20,000 per year • Royalty at the current rate of $1.25 per cubic yard • Payment of severance taxes • Performance and operation standards as outlined in Exhibit B of the agreement This short term lease would allow staff to develop its analysis of the fair market value for the leasehold interest and allow Brechan Enterprise, Inc. to review, develop, and negotiate a lease rate for the long -term contract. Mayor Selby opened the public hearing. Nick Troxell spoke, during citizens' comments, in support of Resolution No. FY2007 -40. Tom Schwantes encouraged the Assembly to address dust control, reclamation, 200 foot buffer zone isti e any n❑ ny xng roadway, and reserving the ponds the along � • • �, i w and � �.��� v i the ponds in ��.0 current area for future hatchery. Brian Young expressed his concern about the dust created from the Brechan gravel pit. Lila Schwantes asked the Assembly to address dust control in the lease. Marie Rice advocated for buffer zones along existing roadways. Mayor Selby closed the public hearing. Kodiak Island Borough li me 7R 9(1(17 Assembly Minutes LYNCH moved to amend the existing agreement, seconded by JEFFREY as follows: • Exhibit B, Item No. 3 to read "BEI shall use prudent efforts to minimize the noise levels to meet ADEC regulatory requirements during its operations on the premises. • Section i, Paragraph A to read "Loaded trucks shall use Bells Flats Road and Sargent Creek Road while traveling between Chiniak Highway and the premises (deleted Middle Bay Drive.) • Section i, Paragraph J to read "Dust Control. In periods of dry weather when the haul roads become dusty, BEI shall work with the Womens Bay Service Area to reduce the dust created by means of lignicite, calcium chloride, and /or water. Assembly member Lynch explained this would clarify the wording of the lease. In response to Assembly member Abell, she explained Alaska Department of Environmental Conservation (ADEC) currently enforces the regulations regarding the noise levels. There was discussion about the deletion of Middle Bay Drive since it was in the old lease agreement. Mike Martin, Brechan Enterprises, Inc. Representative, noted it was status quo for them to avoid Middle Bay Drive and would not have much of an impact deleting it from Section i, Paragraph A. ABELL moved to amend Section i, Paragraph A to add a sentence to read "Middle Bay Drive shall be used for Service District work, emergencies, and private deliveries only ", seconded by FRIEND. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Abell ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Abell, Branson B. Contract No. FY2007 -50 Phase I of the Seismic Upgrades to the Kodiak Middle School. BRANSON moved to authorize the manager to execute Contract No. FY2007 -50 with Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $2,340,000, seconded by ABELL. Manager Gifford reported this contract was for work at the Kodiak Middle School for seismic upgrade, including structural, mechanical, electrical, and architectural work. Project is funded in part by monies from a FEMA Grant. He noted there would be a rework of drawings for the Phase II of this project. CDD Director Cassidy reported, although there was not a signed document regarding the grant, the funds were actually transferred from the Federal Government to the State. Documentation to formalize the transfer should be coming soon. Assembly member Abell explained the two -step process for this contract and the benefits of doing the project in two phases. ROLL CALL VOTE ON MOTION CARRRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Abell, Branson, Friend Kodiak Island Borough li ino 9 ')nm Assembly Minutes C. Mayoral Appointments to the Solid Waste Advisory Board. BRANSON moved to confirm the Mayoral appointments of Bill Hinkle and Marion Owen for the three -year terms to expire 2010; Freya Holm and Richard Pillans for the two -year terms to expire 2009; and Barry Altenhoff for a one -year term to expire 2008, seconded by JEFFREY. Mayor Selby thanked the sixteen applicants to this board. It was a tough choice for him to select only five applications. He encouraged the other eleven to participate as their input would be valuable to this board. Clerk Javier noted that the board was formed to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management. Assembly member Abell would vote against the appointment of Mr. Hinkle since he would be retiring. Mayor Selby noted he spoke with Mr. Hinkle and expressed his intent to stay in Kodiak for his retirement for at least a year and may be longer. Assembly member Oswalt would like to see this postponed and discussed at a future work session. Assembly member Jeffrey would vote in favor to get the board moving. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Branson, Friend, Jeffrey, Lynch (Ayes); Abell, Oswalt (Noes) ASSEMBLY MEMBER COMMENTS Assembly member Friend was glad to see the appointments on the Solid Waste Advisory Board. Assembly member Abell was glad to see the happy ending on the fishing incident with the Pruitt family. Assembly member Branson thanked the community members who supported the Pruitt family. She was glad to see the efforts being put into forming a paving advisory committee to get the roads paved in Kodiak. Assembly member Jeffrey agreed that the dust problem in Kodiak needed to be addressed for health and safety reasons. Assembly member Oswalt noted that the Service Area Board should work closely with the contracts regarding the maintenance of the roads. He was in favor of all roads being paved in Kodiak. Assembly member Lynch hoped the extra royalty fees from the new agreement with Brechan would increase the Womens Bay Service 20 Area hurigret by $ 000 and hoped pa rt o f it be used - Area -- - --- .+ w,vvv and I Iv part of it could Ue USeQ toward addressing the dust issues. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, seconded by JEFFREY. Kodiak Island Borough II Inc 7R 911117 Assembly Minutes ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt Mayor Selby invited all Assembly members and Manager Gifford to participate in the executive session. He recessed the regular meeting and called for a ten minute break at 8:30 p.m. and convened the executive session at 8:40 p.m. Mayor Selby reconvened the Special Meeting at 9:30 p.m. BRANSON moved to increase Manager Rick Gifford's salary by 3% with a $3,000 bonus retroactive to his anniversary date of Mary 24, 2007, seconded by ABELL. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Abell ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY; Friend, Jeffrey, Lynch, Oswalt, Abell, Branson The meeting adjourned at 9:30 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough .limp 9R 7nn7 ¥OtU'nO wo vigrAA Assembly Minutes Dann it KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. SUMMARY: This Ordinance sets up project number 050 total cost of this project is estimated to be State Grants, savings from other projects, 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 from Health and Social Services to Education, Culture and Recreation to cover deficit. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: •:iak 2,638,633 a d a RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -01A. ITEM NO: 9.A iddle School Seismic Upgrade. The it will be funded by a combination of of interest earnings. KODIAK ISLAND BOROU - H ORDINANCE NO. FY200: -01A Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 7/5/2007 Public Hearing: 08/02/2007 Adopted: AN ORDINANCE OF THE KODIAK IS , ; ' : OROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2008 - AL YEAR 2008 BUDGET BY BUDGETING FOR GRANTS, MOVING BETWEEN PROJECTS, AND CHANGING BUDGETS FOR TWO G RAL 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 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% 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 Fund 234 L.E.P.C. Revenues LEPC E.O.P. Grant Revenues 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 Expenditures Expenditures -LEPC Expenditures -FEMA grant Total Expenditures FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 % Adjustments Budget 17,800 17,800 17,800 17,800 Fund 240 Womens Bay Road Service - Revenues 125,532 125,532 0% Expenditures 125,532 125,532 0% Fund 242 Service District No. 1 - Revenues 220,000 220,000 0% Expenditures 220,000 220,000 0% Fund 243 Service Area No. 2 Revenues Expenditures 17,800 0% 17,800 17,800 17,800 17,800 17,800 17,800 17,800 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 125,532 125,532 220,000 220,000 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. 2008 -01A Page 4 of10 FY2008 Adopted As of Difference Budget 07/01/07 Budget Revised 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 Capital Projects Fund 410 - Borough Capital Projects: FY2008 Adopted As of Difference Budget Revised Budget 07101/07 %, 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% 10,00E 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 05001Survey 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 FY2008 Adopted As of Difference Budget Revised Budget 07/01/07 %, 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 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 evaluatior 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 ventilatic 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 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 Equil 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 410 136,350 136,350 0% 136,350 Total Revenues 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. 2008 -01A Page 8 of10 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 70,000 25,000 10,000 910,000 100,000 500,000 570,000 2,129 306,215 210 138,396 #DIV /0! 70,000 30,000 6,110,328 50% (123,841) Budget Adjustments 0% 0% 0% 0% 0% 0% 0% 0% 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 2,691,633 2,691,633 Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 9 of10 Fund 490 Landfill Capital Projects Landfill CloseouULeachate Treatment 07013 Landfill Lateral Expansion Total Revenues 165 Landfill CloseouULeachate 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 0% 1,149,968 0% 3,926,671 0% 1,294,662 0% 2,632,019 0% 3,926,681 0% 720,000 0% 66,500 874,350 1,660,850 0% 1,660,850 0% 1,660,850 0% 2,105,019 0% 2,070,519 0% 34,500 0% 2,105,019 0% 69,000 0% 69,000 0% Budget Adjustments 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 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 (125,000) Kodiak Island Borough, Alaska Ordinance No. 2008 -01A Page 10 of10 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 KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P&ZC 07 -028.) SUMMARY: This case was considered at a public hearing of the Planning and Zoning Commission on June 20, 2007, at which time the Commission adopted a recommendation to the Kodiak Island Borough Assembly and forwarded this case to the Assembly for further consideration. The Commission adopted the following finding in support of its recommendation. Section 17.72.070 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. APPROVAL FOR AGENDA: _So RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -02. ITEM NO. 9.B ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -02 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING THE WEST HALF OF U.S. S. 1736, FROM C - CONSERVATION ZONING DISTRICT TO RR -2 RURAL RESIDENTIAL TWO ZONING DISTRICT (P &Z CASE 07 -028.) WHEREAS, the petitioner for this rezone has indicated a desire to subdivide the subject parcel; and WHEREAS, the P & Z Commission held a public hearing on June 20 2007 for this case; and WHEREAS, the Commission finds the rezone request to be generally consistent with the 1997 Port Lions Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone the West Half of U.S. Survey 1736 from C- Conservation to RR -2 Rural Residential Two; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: This ordinance applies to the West Half of U.S. Survey 1736 which will be rezoned from C- Conservation to RR -2 Rural Residential Two. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in- fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Manager Gifford Planning & Zoning Commission Community Development Dept. 07/ 19/2007 08/02/2007 Kodiak Island Borough, Alaska Ordinance No. FY2008-02 Page 1 of 1 Mr. Brad Ames PO Box 33 Port Lions, AK 99550 Re: Case 07 -028. Request a rezone, according to KIBC 17.72, from C- Conservation to RR2- Rural Residential Two. Dear Mr.Ames: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us June 22, 2007 The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 20, 2007 moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's July 19, 2007 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's August 2, 2007 regular meeting. Please confirm these dates with the Borough Clerk, Nova Javier at 486 -9310, no sooner than five (5) working days from the date of this letter. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in -fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9360. Sincerely, Bud Cassidy Director CC: Nova Javier, Borough Clerk Horizon Land Surveying Current Location P & Z Case # 07 -028 Brad Ames, ETAL Request: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. 0 f REBNI PO INT Legend Parcels Port Lions selection 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 # 07 -028 Brad Ames, ETAL Request: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. 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 Feet n[1A r 2,000 3,000 4,000 t t; 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. map KODIAK ISLAND B ^ROUGH - COMMUNITY DEVr DEPARTMENT 710 Mill Bay Rd., P._am 205, KODIAK, AK 99615 -6398 (907) 48b -9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information tie e 7 .3/ Property owner's name Pe. %K Property owner's mailing address L/Q /7, � / .4 /Zibk City State 4th-- Z�i�223v Home phone Work Phone E -mail Addr. J6ri Aye / bk Agent's name (If applicable) PD, a*X /.g4 Agent's mailing address hod izz, / ,•4 /c75k a City State Home phone Work Phone Zip X9.9 Zip J6if eevo. iyZ7L E -mail Addr. Property ID Number /s w / /kW /, / j7 1, Legal Description Current Zoning: am Applicable Comprehensive Plan: 0;/ ar WY LIDOS Year of Plan adoption: Present Llee -et y: 4'dt? // / `P Proposed Property Information C- (wAs-ovw4-rsA.- (?._e_ 2_ (Note: Use additional sheets, if needed, to provide a comple' description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrativ 'story As -built Survey Property Owner's Signature t 0 7 Photographs Maps Other / '07 Date Authorized Agent's Signature Date 1 A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Code Section(s) Involved: Staff signature STAFF USE ONLY Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site •1 review, etc.) $150.00 Zoning change from .O , jyt 2 —. (KIBC 17.72.030 and 030.C)* Application received by: e}C 7 PAYMENT VERIFICATION R ftk F1=:CC12 4/16/200 099:36:8 7'01313455 1i.ililltL;.Liir1tl + C I i'ee Schednie: a rte er :iitith t eintbIN esoi :' x i 4tF;f hq * IT'415) Fc4i k 5 %ifd itircitg t.,ti Old �Ir{�il.1;*44¢rts 5350,00 7,h) 31fk1ci4.es s750.00 0.00 acres s .043. t 07 -O2� Kodiak Island Borough Assembly Members: It is our hope to open more parcels within the city limits of Port Lions for residential use. The demand for residential lots is at an unp- recedented level, while currently I don't know of one lot available. According to the Port Lions Comprehensive Development Plan, there is more land classified Conservation than any other classification. It further states that under exceptional circumstances when growth so merits and no other alternatives are acceptable with the existing plan designation, Con- servation areas may be reclassified for other land uses, when in keeping with the public interest and the goals and objectives of this plan. These two acre or larger lots proposed should promote growth in the community and provide much needed expansion. Support is being requested to re -zone this property from it's current Conservation status to Rural Residential 2. Thank you for your consideration, Brad & Memory Ames Brannon Ames APR 2 7 2007 _. cr)MMUNUY DEVELOPMENT UEPARTMF.N ". This notice is being sent to you because our records indicate you are a property owner /interested party in the the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in to the Community Development Department prior to the meeting. If you would like to fax your comments to area of a letter us, our during The in the call us fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, June 13, 2007, a work session will be held at 7:30 p.m. 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 at 486 -9363. // /y "4:65;C:91/ Your Name: MARY (11 E 4 Q /L'// Mailing Address: /�l'2 /. ` / .6 . X 1 Your property description: G7 1. i/ ^ # /f /�� Comments: V` ,,.1/ "2 r ,rGCle ■ size, , €4 dz. ex- / ti ir ('a. �r 1 ; '-q L IJ 1 t JUN 1 3 2007 .�; , l' Miit NIPt vl v .. pM NT 3E'; f FI'i ' KODIAK ISLAND BOROUGH 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, June 20, 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: 07 -028 APPLICANT: Brad Ames, et al AGENT: Horizon Land Surveying REQUEST: A rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. LOCATION: West half of U.S. S. 1736 ZONING: C- Conservation DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 5. Comprehensive Plan: 6. Applicable Regulations: Case 07- 028 /Rezone Staff Report MEMORANDUM Public Hearing Item VI -B June 5, 2007 Planning and Zoning Commission Community Development Department Information for the June 20, 2007 Regular Meeting 07 -028 Brad Ames, ETAL A rezone, according to KIBC 17.72, from C- Conservation to RR2- Rural Residential Two. West 1 /2 of United States Survey 1736, Port Lions, Alaska. C - Conservation Zoning District Five (5) public hearing notices were mailed on May 22, 2007. Date of site visit: None 1. Relevant Zoning History The site is zoned C- Conservation by Ordinance No. 77- 15.0 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Unsubdivided portion of USS 5509 Use: Vacant Zoning: C - Conservation Zoning District South: Unsubdivided and un- surveyed land Use: Vacant Zoning: C- Conservation East: Settler Cove Use: Tidelands Zoning: Not Zones West: Unsubdivided and un- surveyed land Use: Vacant Zoning: C - Conservation Zoning District 30.03 acres Vacant The Kodiak Island Borough 1968 Comprehensive Plan does not specifically address this area. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.15 — RR2 Rural Residential District Two (in its entirety) Page 1 of 5 P & Z: June 20, 2007 Case 07- 028 /Rezone Staff Report Public Hearing Item VI -B KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES 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. The proposed rezone is intended to address the desire for residential development in this area and the required 2 acre lot size minimum in the Rural Residential Two Zoning District should be sufficient area in order to accommodate the maximum development density allowed by the zoning district. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. Page 2 of 5 P & Z: June 20, 2007 Public Hearing Item VI -B 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. Abutting tidelands are otherwise accessible. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche run out zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not Applicable. Development proposed in this case is not located in a known hazardous area. 5. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This request does not involve filling or draining of water bodies. COMMENTS This rezone was initiated by the applicant responding to a previous unsuccessful request for a variance allowing the creation of two substandard sized water -front parcels with a zoning classification of C — Conservation (Planning & Zoning Case No. 07 -009, February 21, 2007). This request to rezone represents the pursuit of a conforming alternative identified in the previous case as a method whereby the petitioner may create two water -front parcels that comply with zoning district standards. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The area subject to this request lies approximately midway between the two major neighborhoods addressed in the 1997 Port Lions Comprehensive Development Plan. Abutting, but not within the boundaries depicted in the plan, the subject location may certainly be considered within the Port Lions "sphere of influence." ZONING /USE: Per KIBC 17.15.010, "The RR2 -Rural Residential Two Zoning District is established as a land use district for large - lot -low- density residential and general agricultural purposes." The proposed rezone, and attendant allowable uses, appears to be compatible with the 1997 Plan. Case 07- 028 /Rezone Staff Report Page 3 of 5 P & Z: June 20, 2007 Public Hearing Item VI -B LAND SUITABILITY: The area (water -front parcels) is substantially effected by wetland conditions, and this impact was the major determinate in the Commission's negative decision in the prior case. A rezone reduces the net negative impact of the wetlands with respect to development of plan compatible residences on these two proposed water -front parcels. RECENT DEVELOPMENT TRENDS IN THE AREA: Residential development supporting local populations and a growing tourist/visitor sector continue as the major economic trend in the immediate vicinity. TRAFFIC IMPACTS: The types of uses allowed in the Rural Residential Two Zoning District should not result in any appreciable adverse traffic impacts. Case 07- 028 /Rezone Staff Report Page 4 of 5 P & Z: June 20, 2007 Case 07- 028 /Rezone Staff Report Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission approve the rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. APPROPRIATE MOTION Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of the West 1 /2 of United States Survey 1736, from C- Conservation to RR2 -Rural Residential Two, and to adopt the "Findings of Fact" in the staff report dated June 5, 2007 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in -fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2 -Rural Residential Two classification would not unduly burden existing public infrastructure. Page 5 of 5 P & Z: June 20, 2007 KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. SUMMARY: The following are the regulatory and quasi-judicial boards and commission in KIBC that receives compensation: • Mayor (started in 1998, increase from $400 to $500 per month) • Assembly (last changed in 1988, increase from $100 per regular meeting to $300 per month.) • Planning and Zoning Commission (last changed in 1982, increase from $100 per session to $200 per session.) • Personnel Board (original amount since 1978, increase from $50 per session to $100 per session.) • Board of Equalization (original amount since 1978, increase from $50 per session to $100 per session.) The Personnel Board and Board of Equalization were added for Assembly's consideration since they were not a part of discussion during the budget discussion. APPROVAL FOR AGENDA: ITEM NO. 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -04 in first reading to advance to public hearing on August 16, 2007. CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -04 Introduced by: Manager Gifford Requested by: Borough Assembly Drafted by: Borough Clerk Introduced: 08/02/2007 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KIB CODE CHAPTER 2 ADMINISTRATION AND PERSONNEL TO INCREASE THE MAYOR, ASSEMBLY, REGULATORY AND QUASI- JUDICIAL BOARDS AND COMMISSIONS' COMPENSATION WHEREAS, the borough code currently provides that the mayor, assembly members, commissioners, and other regulatory and quasi - judicial boards receive compensation; and WHEREAS, the compensation for the mayor has not changed since the enactment of Ordinance No. 98 -02; and WHEREAS, the compensation for the assembly members has not been changed since the enactment of Ordinance No. 88 -14; and WHEREAS, the compensation for planning and zoning commissioners has not been changed since enactment of Ordinance No. 82 -17; and WHEREAS, the compensation for regulatory and quasi - judicial boards such as the personnel review board, the board of equalization, and such others has not been changed since enactment of Ordinance No. 78 -23; and WHEREAS, the personnel review board is now called the personnel advisory board which is a non - regulatory or quasi - judicial board and should be removed from the list; and WHEREAS, the assembly appropriated sufficient funds in the fiscal year 2008 budget to provide for an increase in the monthly allowance paid to the above mentioned boards; 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: KIB Code Chapter 2 Administration and Personnel be amended as follows: Kodiak Island Borough Page 1 of 2 CORRECTED VERSION 2.10.030 Compensation for regulatory quasi - judicial boards and commissions. A. Members of regulatory and quasi - judicial boards and commissions shall receive compensation in the amount of fifty one hundred dollars ($59100) per region meeting attended, with the exception of the planning and zoning commission, which shall receive one two hundred dollars ($490200) per month. Work sessions are not considered for compensation. B. Regulatory and quasi - judicial boards and commissions include the planning and zoning commission, , the board of equalization, and such others as the assembly may designate by ordinance. 2.15.070 Miscellaneous. A. Compensation and expenses. 1. the mayor's compensation shall be four five hundred dollars ($400.00500) per month. The mayor may be included in the borough health and life insurance plan. 2. expenses of the mayor, other than transportation and per diem for approved travel, incurred because of borough activities may be reimbursed by the borough only after approval by the assembly. 2.17.100 Miscellaneous. E. Compensation and expenses. 1. assembly members shall receive ene three hundred dollars ($400300) per reg meeting month. Assembly members may be included in the borough health and life insurance plan. 2.39.060 Compensation. No member shall be compensated for services, with the exception of the planning and zoning commission, which shall receive one two hundred dollars ($4- 09200) per en month attended-unless-excused and the board of equalization, which shall receive fifty one hundred dollars ($59100) per meeting attended. Work sessions are not considered for compensation. SECTION 3. That this ordinance shall be retroactive July 1, 2007. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Page 2 of 2 Introduced by: Manager Gifford Requested by: Borough Assembly Drafted by: Borough Clerk Introduced: Public Hearing: 08/02/2007 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008_04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND AMENDING KIB CODE CHAPTER 2 ADMINISTRATION AND PEE BOROUGH INCREASE THE MAYOR, ASSEMBLY, REGULATORY AND RSONNEL TO BOARDS AND COMMISSIONS' COMPENSATION ASI- JUDICIA WHEREAS, the borough code currently provides that the commissioners, and other regulatory and mayor, assembly members, and quasi-judicial boards receive compensation; WHEREAS, the compensation for the mayor has not chan Ordinance No. 98 -02; and ged since the enactment of WHEREAS, the compensation for the assembly members h the enactment of Ordinance No. 88 -14; and as not been changed since WHEREAS, the compensation for planning and zonin g co changed since enactment of Ordinance No. 82 -17; and mmissioners has not been WHEREAS, the compensation for regulatory and quasi-judicial l pe review board, the board of equalization, and such others such as the cha since enactment of Ordinance No. 78 -23; and her has not been WHEREAS, the assembly appropriated sufficient funds in the fiscal pr ovide for an increase in the monthly allowance paid to the above year b to NOW, THEREFORE BE IT ORDAINED BY TH ve mentionned ed boaa dst rds; ISLAND BOROUGH that E ASSEMBLY OF THE KODIAK Section 1: This ordinance is of a general and permanent nature part of the Kodiak Island Borough Code of Ordinances. and shall become a Section 2: KIB Code Chapter 2 Administration and Personnel be amended as follows: 2,10.0 Compensation for regulato / A. Members of regulatory and quasi-judicial boards an ards and commissions. ,, fl compensation in the amount of and commissions shall rece - attended with the exception of the fifty planning d dollars ($40100) 9 and zoning commission, which regular es hall r ',� • , / �e two hundred dollars ($4AA200 eceiv per regular session attended. Kodiak Island Borough Paae 1 nf 9 B. Regulatory and quasi - judicial boards and commissions include the planning and zoning commission, d, the board of equalization, and such others as the assembly may designate by ordinance. 2.15.070 Miscellaneous. A. Compensation and expenses. 1. the mayor's compensation shall be feu five hundred dollars ($400:09500) per month. The mayor may be included in the borough health and life insurance plan. 2. expenses of the mayor, other than transportation and per diem for approved travel, incurred because of borough activities may be reimbursed by the borough only after approval by the assembly. 2.17.100 Miscellaneous. E. Compensation and expenses. 1. assembly members shall receive one three hundred dollars ($4- 00300) per g month. Assembly members may be included in the borough health and life insurance plan. 2.39.060 Compensation. No member shall be compensated for services, with the exception of the planning and zoning commission, which shall receive one two hundred dollars ($4- 00200) per regular session attended unless excused and the board of equalization, which shall receive fifty one hundred dollars ($50100) per tom...,.....,,. � attended. SECTION 3. That this ordinance shall be retroactive July 1, 2007. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Page 2 of 2 eskaim-cA tic° ri Ifer lop Ref 0 rn eeviair AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING RULES OF THE ASSEMBLY, COMPENSATION WHEREAS, certain assembly members have been desirous of enrolling in the borough's health and life insurance program; and WHEREAS, assembly members are currently receiving a stipend cf S100.00 per month; and WHEREAS, assembly members have indicated they would like the option of enrolling in the health and life insurance program in lieu of receiving a stipend: NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances. Section 2. 2.17.100(E) is amended to read: 2.17.100 Miscellaneous. (E) Compensation and Expenses: 1. Borough assembly members shall receive one hundred dollars ($100.00) per regular meeting. Borough assembly members may be included in the borough health and life insurance plan and the state PERS retirement plan. Section 3. This ordinance will take effect July 1, 1988. ATTEST: PASSED AND APPROVED THIS 19 DAY OF May , 1988. 1-t Borough Gmak - Ordinance No. 88 -14 -0 Page 1of1 KODIAK ISLAND BOROUGH ORDINANCE NO. 88 -14 -0 By: Lorne White Drafted by: Borough Clerk Introduced: 4/21/88 Public Hearing: 5/19/88 Amended: 5/19/88 Adopted: 5/19/88 microphone, give his name and address in an audible tone of voice for the record and, unless further time is granted by the assembly, may limit his address to three minutes. All remarks shall be addressed to the assembly as a body and not to any member thereof. No person, other than the assembly and the person having the floor, shall be permitted to enter into any discussion, either directly of through the members of the assembly, without the permission of the presiding officer. No questions shall be asked the assembly except through the presiding officer. (Ord. 86- 13 -O(A) §3(part), 1986). 2.17.100 Miscellaneous. A. Suspension of Rules. The standing rules or the order of business established by the assembly may be suspended by a two - thirds vote to which the assembly is entitled. B. Assembly Chambers. The assembly chambers shall be under the supervision and control of the borough clerk when the assembly is not in session. It shall be used solely for the transaction of public business of the borough, or as authorized within the intent of assembly policy on the use of the assembly chambers. C. Recess. The presiding officer may call a recess not to exceed twenty (20) minutes at any time during a meeting to determine a rule of order or at the request of a majority of the assembly. The presiding officer may call a recess at any time between items of business. D. Seating Arrangement. Members shall occupy the respective seats in the assembly chamber assigned them by the presiding officer. E. Compensation and Expenses: 1 1. Borough assemblymembers shall receive one hundred dollars ( er mont�t. Borough assemblymembers may be inciu e — in the borough health and life insurance plan and the state PERS retirement plan. 2. Assemblymembers while traveling overnight on official business, and away from their homes or official posts of duty, will be reimbursed at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough. 3. Expenses of assemblymembers, other than transportation and per diem for approved travel, incurred because of borough activities may be reimbursed by the borough only after approval by the assembly. F. Travel. Assemblymembers must bring any travel requests, prior to travel, to a regular assembly meeting for concurrence, stating date, place and length of travel, projected cost and purpose of the trip. If there is no regular assembly meeting before the planned trip, the assemblymember must then request approval of the presiding officer, who shall request the clerk to poll the entire assembly for approval by a majority of the assembly. AN ORDINANCE AMENDING SECTION 2.10.030 OF TITLE 2 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES, PERTAINING TO QUASI - JUDI -: CIAL BOARDS AND COMMISSIONS. 1 I 1 KODIAK ISLAND BOROUGH ORDINANCE NO. 82 -17 -0 BE IT ORDAINED BY the Kodiak Island Borough Assembly `that Section 2.10.030 of Title 2 be amended as follows: 2.10.030 Compensation for regulatory quasi- judicial 'boards and commissions. A. Members of regulatory and quasi - :judicial boards and commissions shall receive compensation in the amount of fifty dollars per regular session attended, with the exception of the Planning and Zoning Commission which shall re- ceive $100.00 per regular session attended. B. Regulatory and quasi - judicial boards and commissions include the Planning and Zoning Commission, the Personnel Review Board, the Board of Equalization and such others as the assembly may designate by ordinance. ATTEST: Boroug 1 KODI SLAND BOROUGH 0 ough or .first Reading, Date: WI Second Reading, Public Hearing: / i //9- w 7 ffective Date: a _ 4/R.7,1 .z equested by: Borough Mayor and Assembly repared by: Borough Clerk n AN ORDINANCE PROVIDING FOR COMPENSATION OF REGULATORY ��D QUASI- JUDICIAL BOARDS AND COMMISSIONS. BE IT ORDAINED BY THE Assembly of the Kodiak Island n.h as follows: ?orou .1J1)-:112 Compensation for Regulatory Quasi - Judicial Boards and Commissions. Members of regulatory and quasi - judicial boards and commissions shall receive compensation in the amount of $50.00 per regular sdssion attended. 3 Regulatory and quasi - judicial boards and commissions include the planning and zoning commission, the personnel . review board, the board of equalization, and such others as the Assembly may designate by ordinance. KODIAK ISLAND BOROUGH ORDINANCE NUMBER 78 -23 -0 KODIAK ISLAND BOROUGH F irst Reading, Approval Date: " November 2, 1978 Second Reading, Public Hearing, Approval Date: December 7, 1978 Effective Date: December 7, 1978 Selby — August 8 -11 (AML) Abell — August 9 -19 (SWAMC) Branson — August 24 -28 Jeffrey — July 22- August 31 Kodiak Island Borough Assembly Work Session July 26, 2007, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the \ "official record" should be made at a regular Assembly meeting. ITEMS FOR DISCUSSION ^N 1. Request from Service Area No. 1 Board t9 Create an Assessment District to Repave Selief Lane `( 2. Womens Bay Service Area Exp. on Request 3- U$ . k � � �" PACKET VIEW (Items listed with asterisks ( *) are proposed for consent agenda.) PUBLIC HEARING Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07 -028.) ORDINANCES FOR INTRODUCTION Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. OTHER ITEMS Mayoral Appointments to the Solid Waste Advisory Board. BOARD OF ADJUSTMENT Adoption of Findings of Fact for 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.) CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) MANAGER'S COMMENTS UCCiOa\V CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS On Leave: Page 1 of 1 Kodiak Island Borough Assembly Regular Meeting Agenda August 2, 2007, 7:30 p.m., Assembly Chambers C. Ordinances for Introduction 1. Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions' Compensation. 2. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. D. Other Items 1. Mayoral Appointments to the Solid Waste Advisory Board. 2. BOARD OF ADJUSTMENT Adoption of Findings of Fact for 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. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meetings of April 10, May 9, May 14, May 23, and May 30, 2007. 2. Fire Protection Area No 1 Board Regular Meeting of May 15, 2007. 3. Gravel Task Force Committee Meeting of May 7, 2007. 4. Monashka Bay Road Service Area Board Meeting of January 28, 2002; January 27, March 18, 2003; April 5 and Mary 12, 2004; February 9, May 30, February 23, June 6, June 21, July 5, October 5, 2005, and March 28, 2006; February 28, March 7, May 3, and May 17, 2007. 5. Parks and Recreation Committee Regular Meetings of May 16 and June 12, 2007. 6. School District Board of Education Regular Meeting of May 21 and Special Meeting of June 11, 2007. B. Reports 1. Kodiak Island Borough June 2007 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda August 2, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meetings of June 7, 2007, June 26, and July 5, 2007. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Award(s) 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 9. PUBLIC HEARING A. Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General Fund Departments. B. Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07-028.) Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 Name Barry Altenhof P.O. Box 1373 3255 Woody Way Kodiak, AK 99615 Bill Hinkle P.O. Box 2177 2376 Mission Road Kodiak, AK 99615 Freya Holm 215 Upper Mill Bay Road Kodiak, AK 99615 Marion Owen P. O. Box 1694 Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 2010 Retail Business Rep. 2009 Term Construction Business Rep. 2010 Solid Waste Advisory Board Ex- Officios: Chris Lynch (Assembly Rep, non - voting) 11175 Lake Orbin Drive Kodiak, AK 99615 KODIAK ISLAND BOROUGH Tracy Mitchell (Ex- officio, non - voting) 486 -9348 KIB Staff Environmental Specialist United States Coast Guard City of Kodiak Staff Revision date: 07/23/07 Revised by: nj Home Phone Work Phone Email 2008 486 -6238 baltenhof @gci.net 2010 486 -3812 486 -7751 bhinkle @kodiak.coop 2009 942 -1424 486 -4449 freya.holm @gmail.com 486 -5079 mygarden @alaska.net 2009 486 -2849 486 -6554 rick.threshold @gci.net 487 -2244 539 -2494 chrisl @ptialaska.net tmitchell @kib.co.kodiak.ak.us KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within Those Fire Protection Areas. SUMMARY: Kodiak Island Borough Code sections 4.05.010 and .040 authorize the modification of service areas by the assembly, subject to an election of the qualified voters in each area affected by the ordinance, under sections 4.05.060, and Chapter 4.190. The Assembly wishes to re- establish the delivery of emergency medical services in the Borough's three Fire Protection Service Areas, (Women's Bay Service Area, as provided in Chapter 4.50; Fire Protection Area No. 1, as provided in Ch. 4.80; and Airport Fire Protection Service Area, as provided in Ch. 4.120). To make these changes to the Services which can be delivered within the Fire Protection Service Areas at the earliest opportunity consistent with the necessary elections. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -05 in first reading to advance to public hearing on August 16, 2007. ITEM NO: 13.C.2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -05 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Attorney Introduced: 08/02/2005 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 4 SERVICE AREAS TO MODIFY CHAPTERS 4.50, 4.80 AND 4.120 TO PERMIT THE DELIVERY OF EMERGENCY MEDICAL SERVICES WITHIN THOSE FIRE PROTECTION. AREAS WHEREAS, Kodiak Island Borough Code sections 4.055.0 .040 authorize the modification of service areas by the assembly, subject to an election of the qualified voters in each area affected by the ordinance, under sections 4.05.060, and Chapter 4.190; and WHEREAS, the Assembly wishes to re- establish the delivery of emergency medical services in the Borough's three Fire Protection Service Areas, (Women's Bay Service Area, as provided in Chapter 4.50; Fire Protection Area No. 1, as provided in Ch. 4.80; and Airport Fire Protection Service Area, as provided in Ch. 4.120); and WHEREAS, pursuant to section 4.05.050, the Assembly make th q followinging finds: A. The previous practice of providing emergenc medical services in the three Boro gh Fire Protection Service Districts demonstrated the need for the services in each of the t ree areas; that it was feasible for fire department staff, properly trained in Emergency Medi al Services, to deliver emergency medical services; and that considering each area's size, population and the facilities and services available, and that the Borough can deliver such ervices; and B. Prior practices 'as demonstrated that each area has the ability to pay for the servic s given the value of the property in each area; C. There have been requests from residents and property owners in each of the Wome 's Bay Service Area, and Fire Protection Area No. 1 to re- establish emergency medic I services in each of those two areas, and from business owners in the Airport Fire Protect n Service Area; WHEREAS, the Assembly wishes to make these changes to the services which can be delivered within the Fire Protection Service Areas at the earliest opportunity consistent with the necessary elections; and WHEREAS, there are no registered voters residing within the Airport Fire Protection Service Area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Subject to section 4.05.060 of the Kodiak Island Borough Code, 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 4 of the Kodiak Island Borough Code of Ordinances is amended by modifying Chapters 4.50, 4.80 and 4.120 as follows: Kodiak Island Borough Page 1 of 3 4.50.010 Creation and Powers 4.80.010 Creation and Powers 4.120.010 Creation and Powers 4.50.010 Creation and Powers. The Womens Bay Service Area established pursuant to Ordinance No. 75 -26 -0 encompasses the area described in that ordinance. Road construction and maintenance powers protection shall be provided in the Womens Bay Service Area along with fire protection and emergency medical services, at levels established by the assembly through fiscal appropriations. 4.80.010 Creation and Powers. Fire Protection Area No. 1 established pursuant to Ordinance 68 -23 -0 and encompasses the area described in that ordinance. Fire protection and emergency medical services at levels established by the assembly through fiscal appropriations, shall be provided in Fire Protection Area No. 1. 4.120.010 Creation and Powers. The Airport Fire Protection Service Area established pursuant to Ordinance 97 -03 -0 and encompasses the area described in that ordinance. Fire protection and emergency medical services, at levels established by the Assembly through fiscal appropriations, shall be provided in the Airport Fire Protection Service Area. Section 3: The following questions shall be submitted to the qualified voters residing in each of the Womens Bay Service Area and Fire Protection Area No. 1. A. For The Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the provision of emergency medical services as well as fire protection services in the Womens Bay Service Area, with the cost to be borne by residents of the area? B. For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision of emergency medical services as well as fire protection services in Fire Protection Area No. 1, with the cost to be borne by residents of the area? Section 4: The questions in Section 3, above, shall be presented to the voters at the next regular election on Tuesday, October 2, 2007. Section 5: Because there are no registered voters in the Airport Fire Protection Service Area, the assembly finds that it is impossible to have a vote pursuant to Ch. 4.10, and waives that requirement. Section 6: Pursuant to Section 4.10.040, the provision of services in be as follows: A. For Womens Bay Service Area, assuming the election is certified pur .. to KIBC 7.40.020, one week thereafter. B. For Fire Protection Area No. 1, assuming the election is certified pursuant to KIBC 7.40.020, one week thereafter. C. For the Airport Fire Protection Service Area, one week after the passage of this ordinance. Section 7: Services and Management: e sery ces are shall A. Subject to approval in the election pertaining to it, the Womens Bay Service Area is hereby modified to provide emergency medical services including administration thereof, and permitting the collection of the costs for the service within its areas. The delivery of emergency medical services within the Service Area shall be managed and operated by the Kodiak Island Borough in the same manner as other Borough functions. Kodiak Island Borough Page 2 of 3 B. Subject to approval in the election pertaining to it, Fire Protection Area No. 1 is hereby modified to provide emergency medical services including administration thereof, and permitting the collection of the costs for the service within its areas. The delivery of emergency medical services within the Service Area shall be managed and operated by the Kodiak Island Borough in the same manner as other Borough functions. C. The Airport Fire Protection Service Area is hereby modified to provide emergency medical services including administration thereof, and permitting the collection of the costs for the service within its areas. The delivery of emergency medical services within the Service Area shall be managed and operated by the Kodiak Island Borough in the same manner as other Borough functions. 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 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: Mayoral Appointments to the Solid Waste Advisory Board. SUMMARY: The Assembly adopted Ordinance No. FY2007 -15A which expanded the composition of the Solid Waste Advisory Board to seven members. The Board will now 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. 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. APPROVAL FOR AGENDA: RECOMMENDED MOTIONS: ITEM NO: 13.D.1 Move to appoint Ed Mahoney to a three year seat representing the construction businesses on the Solid Waste Advisory Board with a term to expire 2010. Move to appoint Daniel Rohrer to a two year seat representing the retail businesses on the Solid Waste Advisory Board with a term to expire 2009. Jessica Basuel From: Support@civicplus.com Sent: Tuesday, July 24, 2007 12:29 PM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form The fcllowing form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Solid Waste Advisory Board Name:: Daniel Rohrer Maiden Name:: Sex:: Male D ECE nNEB Home Address:: 3643 Gull Drive .. JUL 2 4 2007 Home Phone Number:: 907- 486 -4949 Business Address:: 326 Center Street BOROUGH CLERR'S OFFICE Business Phone Number:: 907 -486 -4949 Occupation:: business owner Email Address:: drohrer @GCI.net Length of Residency in Kodiak:: 33 years lre you a registered voter:: Yes High School:: Kodiak High School Graduateq College:: Hillsdale College, BS Business and Economics Trade or Business School:: Hobbies :: Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: KEA Board of Directors Kodiak Christian School, Treasurer Please list Areas of Special Interest: I want to express my interest in being involved on the Solid Waste Advisory Board. I am a local business owner with a business in downtown, one in the midtown area, and one in the Safeway /Wal -mart area. I am especially interested in the waste collection process and the opportunities I see to stream line that process. Please Enter Basic Resume Information Below: Owner of Subway of Kodiak (two locations) Co- Owner of Midtown Auto Repair Services 4 fg Voter Id No. Verified By. Alp . Applicant's residence Bcrou 'Y City ( ) Date Appointed: Term Expires on: Com m ents: /) 1 1 Jessica Basuel From: Support @civicplus.com Sent: Thursday, July 26, 2007 9:07 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Solid Waste Advisory Board Name:: Chris Kostelecky Maiden Name:: Sex:: Male Home Address:: p. o. box 2383 Kodiak Home Phone Number:: 486 -9446 Business Address:: same Business Phone Number:: 481 -1608 Occupation:: Builder Email Address:: kostelecky @ak.net Length of Residency in Kodiak:: 17 yrs Are you a registered voter:: Yes High School:: grad College:: Trade or Business School:: Hobbies:: Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: Please List Areas of Special Interest: Please Enter Basic Resume Information Below: Voter Id No. Verified By. Applicant's residence Boroug Date Appointed: Term Expires on: Comments: City ( ) 1 BOROUGH CLERK'S OFFICE Jessica Basuel From: Sent: To: Support @civicplus.com Thursday, June 07, 2007 8:02 AM Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/7/2007 Solid Waste Advisory Board 1 Ed Mahoney Q Male 1PO Box 2281 1486.1968 1539.1234 486.5759 Contractor builders @ptialaska.net Residency Information 25 + yrs ® Yes Education and Hobbies 1 Yes Little 1 Yes !Yes Organization Membership Information Are you currently serving on other Boards, Commissions, or Committees ?* If yes, which: Yes 1Service District #1 Chair O Yes O Female O No O No O No I am chair of Threshold Services, Inc. Our primary service to the community is to recycle and ship off island those materials. I am also the chair of Service Please List Areas of Special Interest Page 1 of 2 I have been recycling and managing construction waste for many years. Please Enter Basic Resume Information Below I am also involved in the building industry and recycle most all our waste generated at the job site. I serve as Chair person on Theshold Services, Inc which works to gather and ship off island recycleables. There are many facets to our service and we are constantly working to improve our service to the community. I feel that I would be an asset to this board. * indicates required fields. Additional Information: Form submitted on: 6/7/2007 8:01:32 AM Submitted from IP Address: 66.230.125.57 Form Address: http:// www .kodiakak.us /forms.asp ?FID =72 6/7/2007 Voter Id No. Verified By Applicant's residence Boroughfj'City Date Appointed_ Term Expires on: Comments: rage 2 of 2 Name Barry Altenhof P.O. Box 1373 3255 Woody Way Kodiak, AK 99615 Bill Hinkle P.O. Box 2177 2376 Mission Road Kodiak, AK 99615 Freya Holm 215 Upper Mill Bay Road Kodiak, AK 99615 Marion Owen P. O. Box 1694 Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 Construction Business Rep. Retail Business Rep. Ex Officios: Chris Lynch (Assembly Rep, 11175 Lake Orbin Drive Kodiak, AK 99615 Tracy Mitchell Ex- officio nnn -votin KIB n i roon�menttal Specialist United State Coast Gila al o Kodiak Rep 2410 Mill Bay Road Kodiak, AK 99615 Revision date: 07/23/07 Revised by: nj KODIAK ISLAND BOROUGH Term 2008 2010 2009 2010 2009 2010 2009 Home Phone Work Phone 486 -6238 486 -3812 942 -1424 486 -5079 486 -2849 non - voting) 487 -2244 486 -9348 486 -8060 486 -8066 (fax) baltenhof(a�gci.net 486 -7751 bhinkle(cr�kodiak.coop 486 -4449 freva.holm(a�gmail.com 486 -6554 539 -2494 Email mygarden(a�alaska.net rick.threshold an gci.net chrisl tmitchell mkozak(c�city.kodiak.ak.us Nova Javier From: Tracy L. Mitchell Sent: Monday, July 23, 2007 4:40 PM To: Nova Javier Cc: Freed, Linda Subject: FW: City Representative for SWAB From: Freed, Linda [mailto:Ifreed @city.kodiak.ak.us] Sent: Thursday, July 05, 2007 10:11 AM To: Tracy L. Mitchell Cc: Rick Gifford; Woody Koning; Bud Cassidy; Kozak, Mark Subject: City Representative for SWAB Hi Tracy, I want to let you know that the City representative to the KIB's Solid Waste Advisory Board (SWAB) will be Mark Kozak. Please contact him directly about meetings. Thanks. Linda L. Freed City Manager, City of Kodiak 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -8640 (voice) (907) 486 -8600 (fax) Ifreed a(�,city.kodiak.ak.us 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT TITLE: BOARD OF ADJUSTMENT Adoption of Findings of Fact for An Appeal of the Pla Before the Board of Adjustment on Case No. 0 with KIBC 17.66.020 and KIBC 17.19.040A to Allo Front Yard Setback Required by Plat Note (Appel! FINDINGS ACT Continued on next page ITEM NO. 13.D.2 and Zoning Commission's Decision esting a Variance in Accordance of Encroachment Into the 25 Foot r Leroy Russell.) \ OE 17.6& A.1.Exceptiona physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are apparent wetlands in the vicinity of the building encroachment which made it difficult to locate the lot corner from which the setback could have been precisely determined. Both the builders and the building officials inspected the forms prior to pouring the foundation. While a reasonable effort was put forth to ensure the building would be in the proper location, the physical circumstances or conditions applicable to the property obscured the reality of the situation until the as -built survey was done after the building was completed. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would deprive the property owner of a reasonable use of the land. Because the structure has already been built with the recognized 4.5 foot encroachment (due to construction errors noted in other findings) it will not be a simple matter to cut 4.5 feet of the building away without compromising the entire garage addition. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. From the evidence presented it does not appear that the granting of the variance will result in a material damage to the adjoining property owners. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site - specific standards such as setbacks. KODIAK ISLAND BOROUGH AGENDA STATEMENT 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The building encroachment resulted from a field error in setting the building forms, however the applicant/property owner relied on the builder and other parties in this matter and did not create the special conditions or financial hardship from which relief is being sought by variance. The applicant/property owner is asking for relief from a mistake that someone else made. The building officials inspected and allowed the foundation to be poured so that it appears that a reasonable effort was made by all parties to ensure the building was properly located within the required setbacks. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the R -2 Two Family Residential Zoning District. * *NOTE ** This is a final decision by the Kodiak Island Borough Board of Adjustment and any aggrieved party has 30 days from the date of this decision to make further appeal to the Superior Court. APPROVAL FOR AGENDA: 46 RECOMMENDED MOTION: Move to adopt the following findings as "Findings of Fact" in support of the KIB Board of Adjustment decision to reverse, IN WHOLE, the denial of a variance from KIBC 17.19.040A by the KIB Planning and Zoning Commission, in order to allow a 4.5 foot building encroachment into the 25 foot front yard setback required by plat note for Lot 3, Block 12, Woodland Acres Subdivision, 8 Addition. Sections: 2.45.010 Established. 2.45.020 Terms of office. 2.45.030 Qualifications. 2.45.040 Responsibilities. 2.45.050 Organization. Chapter 2.45 AR CHITECTURAL /ENGINEERING REVIEW BOARD 2 -53 2.45.010 -- 2.45.040 h/(ATA;eg 1/t vu , 6 0) t (a 2.45.010 Established. There is established the architectural /engineering review board, which shall consist of seven (7) voting members, to be appointed by the mayor. The board shall be subject to the provisions of chapter 2.39 of this title. (Ord. FY2006 -04 2 (part), 2005; Ord. 2002 -15 §2 (part), 2002; Ord. 99 -09 §2 (part), 1999; Ord. 98 -02 §8 § Ord. 95 -03 §2 (part), 1995; Ord. 93 -61 §2(part), 1993; Ord. 87-33 -0 §2 0rrt96 98 (part), 1996; 2.45.020 Terms of office. Appointed members of the board shall serve a term of three (3) years. The membership of the board, other than borough officials, and their terms of office shall continue as they existed on October 15, 1987. (Ord. 87 -33 -0 §2(part), 1987). 2.45.030 Qualifications. Six (6) members of the board shall be residents and qualified voters of the borough and shall have an interest and a wide range of experience in engineering, architecture, building, plumbing, roofing, electrical installation, and other related fields involving the building business. One (1) member of the board shall be a member of the assembly, appointed by the mayor. The manager, school district superintendent, or their designees, and school board representative shall be nonvoting ex officio members of the board and may participate in all discussions. (Ord. 98 -02 §8 (part), 1998; Ord. 95 -03 §2(part), 1995; Ord. 87 -33 -0 §2(part), 1987). 2.45.040 Responsibilities. The board is empowered to: A. Review all architectural and engineering proposals and design drawings for borough owned buildings and public funded projects, evaluate and propose improvements to specifications and drawings, and evaluate the list of proposed architects and forward a recommendation. A plan review schedule shall be established with the architect, which takes into consideration the limited building season available in Kodiak; B. Evaluate all comments, suggestions, and recommendations from the building administration on proposals for borough and other public funded buildings and forward written comments to the assembly; C. Hold a public ,Y,AA +;,,,. before presenting a public meeting before presenting the final recommendation to the assembly; and D. Forward final recommendations to the assembly. E. Receive notice of all change orders that are executed on building projects. The board shall review all changes to borough -owned buildings and public funded projects for the purpose of possible inclusion in future building projects. (KIB 12/06) Supp. #47 2.45.040 -- 2.45.050 F. Evaluate completed projects, prior to the one (1) year warranty inspection, on the basis of quality of workmanship, cost of project relative to its original budget, and performance of the architect and the general contractor to prepare a written report for presentation to the assembly. (Ord. 97 -20 §2; Ord. 95 -03 §2(part), 1995; Ord. 87 -33 -0 §2(part), 1987). 2.45.050 Organization. The board shall designate its chair and vice -chair at the first meeting of the calendar year and shall hold at least one (1) meeting quarterly unless projects demand more frequent meetings. (Ord. 87 -33 -0 §2(part), 1987). 2 -54 (KIB 12/06) Supp. #47 AA021220.027 -9- OPEN MEETINGS IN ALASKA - GORDON TANS 2. Prejudice to reputation or character • subjects that would prejudice the reputation or character... • of any person, .. . • but that person may demand and get a public discussion 3. Matters confidential by law, ordinance, or charter • matters that are required to be confidential .. . • by law, ordinance or charter 4. Confidential records • matters involving consideration of government records .. • that by law are not subject to public disclosure. • examples: • certain crime victim information • invasion of privacy Ci;) yr/ 4 �4 Ins � � • sales tax records 5. Attorney - client rivile ( 4(7 P ge • Cool Homes, Inc. v. Fairbanks North , ' .2 7 .41 rth Star B ugh, 860 P.2 1248 (Alaska 1993) • attorney- client privilege for confidential communications is recognized as a limited exception to OMA • not available for general legal advice or opinion • it is not enough that the entity is involved in lawsuit • limited to matters where public interest may be injured by disclosure; for example how to avoid legal liability, litigation strategies and candid discussion of facts, settlement to conference, conference on de t - conference on dppeai 03-1 sai-Alus r,;(17tijit: 't- eO - All © Gordon 1 Tans 2005 y Minutes Architectural /Engineering Review Board Meetin 10 April 2007 — 7:00 pm KIB Conference Room A. Call to Order The meeting was called to order by the Chair at 7:02pm. B. Roll CaII ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Charlie Jerling. Representing the School District was Robert Tucker. Assembly Member Chris Lynch was present and Assembly Member Sue Jeffrey participated telephonically. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Rick Gifford, Manager, was also in attendance. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Design Cost Increase for New Pool S. Arndt began noting that a request for an additional $243,783 on top of the original contract had been made by ECI /Hyer in March. The ARB met on 19 March 2007 to discuss the request and through a combination of using % and adding costs for additional site visits, commissioning, construction administration, etc. arrived at an amount as a compromise offer and that offer was presented to Terry through his partner, Brian Meissner. A letter from ECI /Hyer was received on 23 March 2007 indicating the counter offer was not accepted and that ECI /Hyer was withdrawing their previous request for equitable adjustment. With that background the Chair turned the floor over to Terry Hyer. T. Hyer thanked the Board for inviting him and said that his goal was to keep the project going and to reach a mutually equitable agreement. He continued saying that he felt the best avenue would be to look to an objective 3rd party for assistance and to try to figure out a methodology that would be fair to all parties. He presented a history starting with 2003 -2004 when the Enterprise Plan was developed - there was a basic option — and that was the basis for the budget — 16,000 sf with a projected cost of $6M. There was a \ \Dove \Departments \EFWrchitectural Review Board\ARB Minutes 2007\070410 Minutes.doc description of supporting spaces. After that the Ed Specs were completed and a project defined at 18,000 sf for $5M. At that point ECI /Hyer had a contract [with the Borough] for an 18,000 sf $5M Project. There was an Agreement between the KIB and the DEED — included was a fee range for architectural fees based on a % of construction budgeted costs. DEED's guidance is seen as a reasonable mid range fee for good services — and ECI /Hyer's request does not vary much from those guidelines. The market was volatile at that point — needed more detailed info to figure out what the pool was actually going to cost. Question came up as to whether to design to program or budget — direction was program. ECI /Hyer did that and got an estimate - it came in at $11M. The Project stopped at that point — went out to vote — there is now a new Agreement w /DEED which reflects new architectural /design /engineering costs. When the new Bond vote passed ECI /Hyer sent a letter indicating there would be an increase in costs — felt there was a scope that had become far more than anticipated. There has been a change in the scope of work. — it's not just a req or new money — there's been a good deal of dialogue — how do we define the scope of work — it's impossible to define it — we weren't making headway doing line item approach — go back to an org that has done this kind of thing — he's developed an exhibit — passes it out — sla check it for the info. We, in good faith — proceeded through design development — thinking this issue would be resolved — we've kept up our end He reviews Exhibit A See Exh B - indicates what the impact is to the budget — shows a 191K of excess. May not be able to get arms around how much the training pool costs — radiant heating, etc. from earlier discussions was not resolvable — that's why I think the 3rd party is a way to go. Sa — ty — refer to staff for input — B — defers to K K — we've gone through history — Code does not provide any guidance — we're looking at the Arb — to make a recommendation — time is money — price escalation is a factor — missing the short const season can affect — even staff can disagree on how to resolve\ \\ Dove \Departments \EF\Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc When we issued this rfp based on quality and not price — picked hyer — very pleased with the design that's been done. What he's asking can be eaten up with any delay — legal action — this pool proj is first in a line of several — completing the pool leads to the start of other bond projs — voced — staff's recom is to move ahead by approving in the contract amount — the req has been awkward for staff — a lot of groups an individuals — community pool group p &z and finally the assembly. Sa — speaks to sue and gives her the figures With that throw out for discussion TH — one more thing — construction admin — deed has a recom of 2 -4% and this is us looking out for your interests during const. in my opinion 2% is low — the figures in Ex A maintains that 2% - believe you would be better served by going to 3% - mid range This comment is unrelated to the req — just saying that it is low. Chris — industry standards for terry's services are bet 6 -12% - always been happy w/Terry's work — and given we're remote location — new items coming in, etc. — we have a good proj — we should move one I agree the 2% is low plus the contingency is low — move forward and be able to make good educated guesses on those kinds of things. Jf — looking at k — reads articles re adjustments and allowances changes in the work. Refers to figures re AMC figures Th — it's actually gone up [for amc] — Jf — so what's your req now - $1.2? Yes Th — the expenses really isn't that much — we're recommending 12 more visits — needs to be done due to complexity — in my opinion we should come down more during const. Sj — what's involved in the 3rd party process? Th — it was an effort to bring objectivity — it's not a consultant — it's the agreement with DEED that I'm using as an objective party — it contains a recom for what you should expect to pay for the design work and the CA — here's an org that has done 1000s of projects all over the State — instead of me bringing it to you or \\ Dove \Departments \EF1Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc dealing w /the kib and it's view — and went back to the 3rd party as the guide. I'm applying it to the scope of work increase. Jj — want to work towards moving forward get it out of the arb tonight — I'm interested in moving forward — ken's statement says a lot — astute — some room for negotiation, but I'm hoping for a little more discussion Jj —1'1 move to recommend to authorize the manager to write a change order with eci hyer based on Ex a and jf seconds Jf — agree — it's fair to pay for the quality we're getting — Sa — when we had last met and made a recom — to try and resolve when inc was 243K and we came up with an amount and then rec'd a notice that the proposal was being withdrawn — intended that we would be talking about 243 and now tonight it goes to 538 — hard time getting a grip — not a believer in dealing with % - I don't look at it that we changed the scope almost $5m — we know we inc the sf most of it going into the pool area — I understand the philosophy — but why did we negotiate a contract to begin with a fixed fee and not a percentage? I realize this is hitting all of us, this is all new, but it's almost doubling the fee. Trying to get somewhere on this I thought we would be talking about the $243 — don't want to stop the project but is staff going to take this to the assembly. Are we going to go with the deed specs — Jj — as both terry and ken stated — it's a dark hole to go into line by line item — that's a job that can't very well be done. Ro — why can't we look at the bill from the Arch Jj — we're talking about the scope — the diff bet the orig — and the new des — is a project in itself — to go through this entire process we'll be spinning our wheels and going backwards — const cost inc is driving this — if we choose to stop work — it'Il bite us. Are we prepared to stop work again to go through this analysis process. So I think it's a mistake to slow down — th's approach that we can all understand — has a basis — my motion sends it to the mgr and staff to negotiate — motion did not incl a $$ amount — want staff to sit w /terry — arb can offer expertise if needed. Note — specifically using A and b Bw — challenging project to begin with — we've thrown a lot of questions and req at terry and he's come up with good answers — appreciate the ethics of th's approach — didn't use const. escalation to his advantage — what we have in front of us is diff than the little square box — think the check should be written and move on. Until we get this going we're losing money on the projects that are hinging on this. I think th has justified his request. I'm supporting moving on — \ \Dove \Departments \EF\Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc Ro -sad about this situation — need to move ahead — think the mistake was made a long time ago — sad to have to come to this kind of situation — easy to see how it came and why it came — the biggest thing is if we hesitate it's just going to cost us more — don't like it — don't like the situation at all — hope we are wise and pick up the wisdom of 500k that comes up before us again — think that we're bet a rock and a hard place — haven't liked this project from the beg — let's do it and get rid of the damn thing. Sa — the motion will put it back in bud's and ken's laps — K — puts it back into b/k and t — we three disagree and that's why we brought it to the arb B — think it's now time for the Assembly to make a policy — K — let's work with what we all agree on Jj — the motion specifically deals with Ex A and B — clear this is the format were going to work with — hope moving out of the mire and this is the format to get it done. Ro — talked to several business people — there's been a 15% dec in revenue for businesses — this is why it hurts — it hurts people, towns and am not a happy camper. B — you'll be comf with the number we come up with Jf -by thurs we'll see this [assy mtgj Jf — amend the motion — once there is a negotiated price goes directly to the Assy — so it stays on track Bw seconds. And — speaks to the mgr are we giving you what you need to work with Amendment carries 5 to 0 Main motion 5 -0 E. Public Comments None. F. Board Member Comments \\ Dove \Departments \EF\Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc Ro — went to p and z meeting in Turkey — very interesting handled professionally - if there are any objections you write them out — you have a change to go to litigation. Bribes we're involved — called a contribution to the city. Ro continues — we all are under one flag — to get it done. Bw -feel like we only came part way tonight — think staff has a sense of what we think — but didn't feel like the arb solved anything Jf — I feel like we've given it back to the mgr and staff — only way to do it to keep on track. Jj — think we've done a lot — we've put a format out there that the assy can look at — to date been a gaugmire — we're sending them something they can work with — a basis. Jf -the driveway Sa — re kms seismic upgrade — need to sched a meeting k- update — we've been trying to work w /crew down here to look at Ouzinkie — tentatively sched for Fri — at present it's sched for next mon — Tony will be in town sa — how long in town k go to ouz in morning and get on plane at 4 but tony would stay over if needed sa- could we have something around 6 - would 5:30 work — jf — think the driveway needs to be part of the recommendation k- update — survey info is in on that driveway — I'd like terry to take a look at it. Sla — find room — get advertised for Monday night — get room Jf — bring the driveway into the negotiations — access for this thing has always been a big issue b -we're already at the limit of des fees sa looking at deleting based on the budget looking for staff recom. jj -any further info on the line \\ Dove \Departments \EF\Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc b -the battle is who is going to issue the lease — the land title isn't the issue — the state wants to write their lease jj- moving forward? b -yes G. Adjournment The meeting was adjourned at 9:03 pm. Respectfully submitted: Sharon Lea A fi, Project Assista KIB Engineering /Facilities Dept. sc ,---, ,,,,,4z Scott Arndt, Chair Architectural /Engineering Review Board Date: Date: 7-- 20 - -ZOO? \\ Dove \Departments \EF\Architectural Review Board\ARB Minutes 2007\070410 Minutes.doc Minutes Architectural/Engineering Review Board Meeting 9 May 2007 — 5:30 pm MB Assembly Chambers A. Call to Order The meeting was called to order by the Vice Chair at 5:35 pm. B. Roll Call L JUL 2 0 2007 1 BOROUGH CLERK'S OFFICE ARB Members present were Gregg Hacker, Charlie Jerling, Jay Johnston and Reed Oswalt. Absent Members were Scott Arndt, Jerrol Friend and Brent Watkins. Representing the School District was Robert Tucker. Representing the KIB Engineering and Facilities Department were Woody Koning, Bud Cassidy [CD], Ken Smith and Sharon Lea Adinolfi. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Review of 95 % KMS Seismic Upgrade Drawings J. Johnston suggested the Board begin with a review of the specifications. Tony Yorba was contacted via teleconference and "Go to Meeting". C. Jerling said the electrical requirements appeared to be generic and questioned replacing wiring and existing boxes. T. Yorba said if boxes are existing and code compliant, they will be left alone. If wiring needs to be relocated or new conductors need to be installed, there will have to be new conduits and everything must be Code compliant — will take a case by case approach. J. Johnston questioned the performance requirement of roofing — indicates 2003 Code. K. Smith noted that it had been agreed previously to work to 2006 Code. Discussion scussion re landfill costs. B. Cassidy said the Landfill is an Enterprise Fund and fees will be charged, but it could be arranged to pay the fees out of the Project budget and save on the markup from the contractor. \\ Dove \Departments\EJ Architectural Review Board\ARB Minutes 2007 \070509Minutes.doc Page 1 of 4 J. Johnston questioned local hire requirements. Sla said that under DEED regulations local hire preference is not allowed. W. Koning asked if that applied on a state basis. Sla to check. T. Yorba said local preference is not allowed when there is State or Federal funding. J. Johnston- questioned the use of the word "may" rather than "shall on Pg 9 of 58 under Scope of Work. T. Yorba to change to "shall ". J. Johnston questioned completion dates for roof replacement T. Yorba reviewed K. Smith's Memo of 27 April 07 — correcting "dance" room to read "band" room. Reviewed areas of roof to be completed this summer and next summer. G. Hacker said there is not a firm commitment on the part of GCI re pole on Powell Street for fiber optics — he will pursue with GCI and report back. C. Jerling mentioned there needs to be a quantity specified for innerducts and there should be specs for the pipe. T. Yorba will check and respond. Phasing. K. Smith — interior work appears good, but the roof work might want to be left up to the contractor. T. Yorba - except for the gym — that could be a standalone project. K. Smith said that roofing work above classrooms was important to get done during the first phase — will offer stability and is an area where teachers have concern. J. Johnston suggested that leaving it to the contractor might cause some confusion and he felt it would be better to take a bigger bite [of the roof work] this year and call out a specific area. Discussion re pre buying materials and storage. Lack of adequate storage areas, risk to KIB led to a consensus that there would be no storage between Phases 1 and 2. T. Yorba to add appropriate supplemental language. Note: S. Arndt joined meeting 6:15 pm. \\ Dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070509Minutes.doc Page 2 of 4 S. Arndt questioned the planning and handling of change orders. T. Yorba uses an AIA document to accomplish Change Orders — proposals, changes to scope, etc. are received — the document is prepared and provides necessary info and will be signed by architect, owner, contractor. S. Arndt suggested that establishing rates — overhead — be established upfront. T. Yorba to research and check with a construction attorney. Discussion re prevailing wages. T. Yorba to include current Davis Bacon website link in the specifications. W. Koning questioned the generality of the painting specs. T. Yorba pointed out the MPI approved products list and then again allowable manufacturers — Manufacturers have this info. T. Yorba recapped [for Scott] what he was going to do: JYL will distribute Bid Packages — edit Scope of Work to reflect changes discussed — await plan review noting that shouldn't affect schedule — any changes can be made through addendums. Schedule discussion. August 17th is date of substantial completion for one story area — could push out to 1 October and final completion at 15 October — if necessary — Tuck advised the school could work around these dates. For Phase 2 Tuck will look into using the gym to mobilize and stage a month early — classrooms will need to be occupied by 15 August 2008 — final completion could be 15 September 2008. Consensus re liquidated damages - $1000 /day — both phases. Tentative bidding schedule. Advertise on 14 May, prebid on 31 May, opening on 11 June, to Assembly on 14 June and award on 21 June — includes 10 day protest period. ARB to meet on the 12th of June. T. Yorba reviewed M &E drawings Ceilings. Consensus — when replacing ceilings - suspended is preference. \\ Dove \Departments\ERArchitectural Review Board \ARB Minutes 2007 \070509Minutes.doc Page 3 of 4 Noted in the instrument room ceiling needs to be installed to clear sprinklers and to allow wall cabinets to clear lighting — recessed in that room. Sprinkler specs will be included. T. Yorba reviewed roof drain details — modifications have been made, edges eased — will check calculations - about 90% will have inserts. Noted that SE adamant about running steel tube — there will be a flow line at dead center with 4" of insulation. T. Yorba referred to K. Smith's email of 4/27 — confirmed that all walls in rooms where work is to be done will be painted. There was a consensus to eliminate painting pipes, hangers and supports in mech. rooms. T. Yorba will redo plans in the area of hallway near band room — roof and carpeting work. He will put together an action list based on this evening's meeting and pass to K. Smith. There was a Motion made by G. Hacker and seconded by J. Johnston to approve the 95% drawings with changes made. There was a unanimous roll call vote in the affirmative. G. Public Comments None. G. Board Member Comments None. Adjournment The meeting was adjourned at 8:15 pm. Respectfully submitted: Sharon Lea Adinolfi, Project Assistant KIB Engineering/Facilities Dept. sc U/ Scott Arndt, Chair Architectural/Engineering Review Board Date: Date: 7-2O--4a \\ Dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070509Minutes.doc Page 4 of 4 Minutes Architectural/Engineering Review Board Meeting 14 May 2007 — 7:00 pm MB Conference Room A. Call to Order The meeting was called to order by the Chair at 7:03 pm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Reed Oswalt and Brent Watkins. Absent Members were Charlie Jerling and Jay Johnston. Representing the Hospital was Stan Thompson. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith, Sharon Lea Adinolfi and Jessica Kepley. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Review of 65% CHC Drawings The Chair turned the meeting over to Don Prochaska of Prochaska & Associates (P &A). D. Prochaska introduced Curt Field, Architect and Project Manager, Brian Wieseler, Mechanical and Electrical Engineer for the Project and Steve Riley, Executive Vice President of the firm. C. Field began by reviewing the parking plan noting that stall calculations would come later and that the plan was 15 stalls short of Borough requirements. The plan will be presented to P &Z requesting a variance. S. Arndt questioned laying 5" of asphalt in the parking lot — suggested it would be too costly and recommended 3 ". P &A will consider a deduct Alternate for 3" asphalt. They would like to retain 5" as the Base Bid. J. Friend questioned using a slope instead of a retaining wall. C. Field said the slope could erode, but would calculate what the slope could be [along the front of Rezanof]. The parking was requested to be expanded as far as possible to the property line along Rezanof at a previous review. This increases the slope substantially, making the retaining wall likely necessary. Also, the sloped area will be more difficult to mow. Front entrance to be widened to 30' to accommodate snow removal equipment. \\ D ove\Departments\EJArchitectural Review Board \ARB Minutes 2007 \070514 rev Minutes.doc Page 1 of 6 D E . Ili n 2 — _E ,--, JUL 2 0 2007 i BOROUGH CLERK'S OFFICE S. Arndt suggested putting in a vinyl coated fence in front of the CHC addition along the top of the retaining wall instead of a guardrail. He also suggested striping, but no curb, where the 7 new stalls will be located. Curbs will be minimized and used primarily along sidewalks. Stairs or a graded gravel path in lower left of site from Rezanof to the parking area above to accommodate pedestrians. C. Field reviewed drainage. Discussion re location of culverts — manholes — location, quantity and angles. P &A will revise the manhole location at the SW corner of the existing building to outside the curb (and add a drainage grate) and relocate the storm sewer outlet in the Rezanof drainage ditch to the existing concrete drainage structure farther to the east. (The survey information showing drainage depth in the ditch is apparently not accurate). Parking Lot Lighting — a full analysis of lighting for the lot has been conducted — new lighting to match lights existing at north side. Floor plan Shear walls have been taken out - are putting in rigid lines — welded frames — allows for retention of windows and future modifications such as for PT — upsized load to accommodate snow load. S. Arndt questioned a 3' door at Door 143 at the north end of Corridor 143. S. Riley said the door has been changed to 4', based on discussions earlier that day with PKIMC staff. Discussion re exit door (previously requested by the ARB). The door passes through Utility Room 139 and is to be for Fire Fighters [emergency personnel] — not a patient exit — will not be exit signed as the Fire Marshal will likely not approve of a fire exit through a Utility Room. Roof Plan C. Field said pavers were being added to protect from falling ice /snow — he indicated that EPDM was an economical roof covering — but will look into PVC and TPO per ARB's request — and will get product warranties for various roofing systems. TPO membranes are slowly replacing PVC products because of concerns with the environmental effects of PVC, which off - gasses. (Both products are made by Firestone and other roofing manufacturers). C. Field reviewed placement of snow guards on the existing hospital roof. \\ Dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070514 rev Minutes.doc Page 2 of 6 W. Koning questioned foundation insulation. C. Field explained that P &A showed the insulation on the inside face of the foundation wall because of the amount of exposed wall face on the exterior of the foundation, which would require an added protection layer over the insulation. C. Field reviewed the insulation in walls and noted that they were still researching what to do for insulation at foundation level — there's a t inch expansion joint at the slab perimeter. S. Arndt questioned the R values of roof and walls — C. Field to get those figures. (Roof R value: 45.47; Wall R value: 31.64; Foundation R value: 24.84). Specs for glazing on windows to be called out in next phase. Windows will be specified as low -e, argon filled. C. Field continued review of the interior layout, ceiling heights and bulkheads and also spoke about changing exterior doors to solid aluminum — will match frames and holds up well in Kodiak weather. S. Arndt questioned Code to be used. C. Field said working to 2006 International Building Code. S. Arndt questioned footings. C. Field said there will be several different footings — a Footing Schedule will be added to S1.1. Also, Detail 1/S1.1 will be revised to match the architectural wall sections (slab will not rest on foundation wall). Snow Loads The building is being designed to essential building standards — that requires higher snow load requirements and this will get spelled out. Structural Design Criteria is shown in the General Notes column in the upper right of Sheet S1.1. The snow load will be revised to 40 psf to match Kodiak's updated requirement. Brian Wieseler began review of Mechanical and Plumbing drawings. Plumbing Gas lines — suggestion from the Board that the gas lines be installed in a way so as to be certified — valved and in the wall. Piping to Add Alternate #1 future Exam Room 141 (likely to be second Dental Operatory) will be valved and in the wall, not roughed in. Piping for oxygen, nitrogen, nitrous oxide, etc. will be brought up with Brenda. P &A will verify if nitrogen is needed for dental tools. \\ Dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070514 rev Minutes.doc Page 3 of 6 HVAC Air transfer units (ATUs) will be used instead of fan powered boxes. ATUs are mostly located in the corridors for easier access and to take advantage of little plenum space above the ceilings. ATUs will be controlled by thermostats that are located in private offices and/or rooms. Additional thermostats and/or zone dampers may need to be added to deal with rooms with operable windows. S. Thompson confirmed that the existing air handler unit is sufficient to accommodate the addition space. B. Wieseler indicated that the supply fan would need to be increased and the sheaves replaced to produce more air volume. Lighting Plan Emergency lighting will be connected via existing generator /s. There will be single switching in each exam room. The lighting design intends to meet the energy code with plenty of 2 by 4 fluorescent light fixtures throughout. The lighting design intends to mimic natural day- lighting and limit light energy waste using electronic ballasts and fluorescent lamps (high CRI and Temperature) throughout the addition. R. Oswalt suggested using "burning" incandescent or LED lights to overcome long human exposure to fluorescent lighting. R. Oswalt indicated that fluorescent lighting naturally gives off "flickering" light that may be not so noticeable to the human eye, but would sub - consciously affect human vision and contribute to headaches. B. Wieseler indicated that too much "intensity of' light is more apt to cause headaches and not necessarily fluorescent flickering (un- noticeable) lighting. B. Wieseler indicated that harmonics may cause some "flickering" and that harmonics may come from "dirty" power from motors, VFDs, etc. shared with the lighting circuitry. B. Wieseler also indicated that fluorescent fixtures have electronic ballasts which are a newer lighting technology. B. Wieseler to research more into R. Oswalt's lighting concerns. W. Koning asked for a cost difference if determined that burning lights are added. B. Wieseler said that what works best in designing lighting is to mimic natural lighting. It was suggested that in offices, reception area, work spaces, this issue could be resolved by using other fixtures — desk lights [for example]. Power and Systems Plan The design will require that new fire alarm devices be connected to existing system (i.e. smoke detectors, horns /speakers /strobes, etc.) on one zone tied to the existing master panel. \\ Dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070514 rev Minutes.doc Page 4 of 6 Code blue system will go through existing admin. area on the 2 floor. Paging system will be compatible with the existing system. The addition space will have its own dedicated telephone and data system fed via existing. S. Riley presented the Budget Summary. He noted that this current estimate is lower than originally estimated at the Schematic Phase. Initially, estimates were based on square footage. Now that design is more defined the estimate difference comes from being able to tap into existing hospital systems. He noted that the figures may change after this evening's meeting — the parking lot changes discussed earlier tonight may add additional cost. W. Koning asked if the parking lot estimate included landscaping/seeding. S. Riley said there was allowance for seeding but not for landscaping. At 95% will add whatever comes up at this review Motion was made by R. Oswalt and seconded by J. Friend to approve the 65% drawings with changes made. Discussion. There was discussion as to how to cover handicapped ramp to Specialty Clinic. The Board made suggestions and asked this area be priced as Alt. #3 — design and construction costs for covering /enclosure, glassed in or canopied, ramp, elevator or lift, heated. Roll Call Vote on Motion made and seconded re approval of 65% drawings, with changes, was unanimous. S. Arndt requested copies of 95% drawings and specs be received one week before next presentation to the Board. K. Smith requested Prochaska supply 15 copies of the drawings and specs along with an electronic copy. G. Public Comments None. G. Board Member Comments R. Oswalt commented that the meeting had gone very well. \\ Dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070514 rev Minutes.doc Page 5 of 6 Adjournment The meeting was adjourned at 10:05 pm. Respectfully submitted: Sharon Lea Adinolfi, Project Assistant KIB Engineering/Facilities Dept. Scott Arndt, Chair Architectural/Engineering Review Board Date: Date: 7 -Ao-,20.0 2 \\ Dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \070514 rev Minutes.doc Page 6 of 6 ARCHITECTURAL / ENGINEERING REVIEW BOARD MEETING MINUTES May 23, 2007 @ 7:00 P.M. KIB Conference Room A. CALL TO ORDER: CHAIR ARNDT, called the meeting to order at 6:59 p.m. B. ROLL CALL: Present: Scott Arndt Gregg Hacker Charlie Jerling Reed Oswalt Brent Watkins A quorum was established. C. APPROVAL OF AGENDA: Absent: Jerrol Friend Jay Johnston Staff: Woody Koning, E/F Bud Cassidy, E/F Ken Smith, E/F Jessica Kepley, E/F It was MOVED, OSWALT, and SECONDED, HACKER to approve the Agenda as amended, to include discussion of the email /memo received by the Board re the parking lot for the new pool facility. The motion CARRIED unanimously. D. MEMO RE POOL PARKING AREA: Discussion was held on the email/memo from Jae Shin re the pool parking, driveway, fence and ramp. It was questioned if emergency and/or snow removal vehicles would be able to access the driveway with the widths stated. HACKER suggested widening the gate for easier access. OSWALT mentioned that parking stalls may need to be cut in order to fit vehicles through the access. Fence between the buildings will need to be replaced, not in good condition. The ramp proposed is good enough for the equipment that is currently used, however a gate needs to be installed to control traffic, per HACKER. This item was moved forward to the next meeting for further discussion; SMITH reminded the Board that J. Shin would need the Board's comments re the memo soon. E. REVIEW OF YORBA CONSTRUCTION DOCUMENTS: KMS Seismic Upgrade specs and drawings were provided to Board members for review. JERLING stated he had found out through Yorba that there were four interested parties for general contracting so far. Pre -bid date was confirmed to be June 1, 2007. SMITH notified the Board of the issuance (by Yorba) of the addendum addressing the pre -bid conference date change. CHAIR asked the Board to review the documents and bring comments to the next meeting. JERLING told the Board that the questions submitted re electrical conduits /ducts were not addressed on the current documents. SMITH said he would ask Yorba about this matter. F. BAYSIDE FIRE STATION 5 -BAY ADDITION PROPOSALS TO BOARD: Proposals for Bayside Fire Station Addition were provided to the Board. CHAIR gave brief history of the FPA #1 Board's request for the addition to Bayside Fire Station. He stated interviews of the submitters wouldn't be necessary to select the architectural firm. Proposals are \\ Dove\Departments\EMArchitectural Review Board\ARB Minutes 2007 \070523 Minutes.doc Page 1 of 3 VECE11VE Ili JUL 2 0 2007 BOROUGH CLERK'S OFFICE to be reviewed by the Board members; recommendations given at the next meeting. JERLING had read the proposals provided, gave his preliminary recommendation of RIM Architects, stating they were the only ones who addressed the site's grade issues and how the issues could be resolved. Felt other proposals were unnecessarily long for the size of the project, RIM got right to the point. Evaluations would be presented and recommendations made at the next meeting, scheduled for Wednesday, May 30 at 7:00 p.m. G. REVIEW NOTES FROM CHC MEETING: Review notes (P &A) and draft minutes from the ARB meeting of May 14, were presented to the Board. Following are the concerns of the Board related to these notes: Roofing: Prior to the meeting CHAIR and JOHNSTON discussed the EPDM roofing issues. CHAIR relayed their conversation; JOHNSTON adamantly preferred PVC or TPO over EPDM due to constructability issues and weather conditions of Kodiak. Other buildings in town have had problems with EPDM roofing. Board concurred to give direction to Prochaska to pursue PVC or TPO roofing only, specifying no EPDM. Curbing: KONING questioned the transition of pavement from the parking area to the sidewalks as stated in the notes, will it be the edge of the pavement in the parking area to soil? ARNDT felt it meant the combination of the sidewalk and pavement would not include curb and gutters but would be flat asphalt from the parking area to the sidewalks, no dirt. KONING asked for clarification of intentions; mentioned transition of asphalt to soil degrades. ARNDT agreed and also questioned the location of the area Prochaska was referring to. Snow Guards: JOHNSTON, again prior to the meeting, presented to the Chair an alternate form of snow stops. Snow stops which are made to clamp onto the ribs of the roofing are preferable to the regularly glued snow stops, they are much more productive. Board concurred to have Prochaska look into clamp snow stops. Chair will ask JOHNSTON the brand name of these clamps to provide to Prochaska. Board Member Comments: CHAIR asked that corrections be made to his comments, to add that he requested copies of 95% drawings and specs be received "at least one week" before the next presentation to the Board. Covered Entrance: OWALT asked what was decided re the covered entrance, he has spoken with 2 other people — since the last meeting —who have in the past fallen outside the building. ARNDT said that Prochaska was supposed to be looking into this. Board concurred to submit these changes to Prochaska. H. PUBLIC COMMENTS: None. I. BOARD MEMBER COMMENTS: S. ARNDT. None. J. FRIEND. Absent. G. HACKER. None. \\ Dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \070523 Minutes.doc Page 2 of 3 C. JERLING. Going back to the review of Yorba's Bayside Addition proposal - pg 10 - they state that 55% of the money will go to the design and 45% of the money will go to construction administration costs; he felt this was interesting. Requested an email of the RFP for the Bayside Fire Station addition. Thinks it would be a good idea to receive an engineering timeline from all firms for the Board to consider, to help narrow things down on the work load of each firm. J. JOHNSTON. Absent. R. OSWALT. Told the Board the Borough Manager still has not received the attorney's opinion. CASSIDY mentioned the legal opinion request had been submitted, as per proper process; response from the attorney was expected by the end of the week. OSWALT continued his comments, asking if a five -bay addition was sufficient for Bayside; stated the location seems to be good for the fire hall. ARNDT explained the proposed layout of the addition and the vehicles the new addition will store. B. WATKINS. None. MEETING SCHEDULE: Meeting: Wednesday, May 30, 2007 at 7:00 p.m. to be held in the Borough conference room. ADJOURNMENT: There being no further business, it was MOVED, OSWALT and SECONDED, WATKINS to adjourn the meeting at 7:35 p.m. The motion CARRIED unanimously. SUBMITTED BY: Jessr e ey, cretary KIB `Engineering / Facilities Department APPROVED BY: Date: \\ Dove\Departments\EMArchitectural Review Board\ARB Minutes 2007 \070523 Minutes.doc Page 3 of 3 U � od7 /Ci'r- Date: 7'. - .?©G 2 Scott Arndt, Chair Architectural/Engineering Review Board Minutes Architectural/Engineering Review Board Meetin 30 May 2007 — 7:00 pm MB Conference Room A. Call to Order The meeting was called to order by the Vice Chair at 7:00 pm. B. Roll Call ARB Members present were, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston and Reed Oswalt. Absent Members were Scott Arndt and Brent Watkins. Representing the School District was Robert Tucker. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. Also present was Mike Dolph. C. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Distribution of Minutes [9, 14, 23 May 2007] Minutes to be reviewed so that corrections /approval may be accomplished at next meeting. It was noted that Minutes [20, 22 February and 10 April 2007] had been distributed at a previous meeting for comments. E. Continued Review of Pool Parking Site K. Smith addressed the newest Preliminary Site Plan [C3.0] and Preliminary Driveway Plan and Profile [C.40] received from Jae Shin at ECl/Hyer. He noted that the drawings were not to be construed as final, but rather for review and comment. J. Friend questioned if we had information showing previous comments. K. Smith reviewed email from J. Shin — noting questions and responses. Question re paving: consensus of the Board was that the alley did not need to be paved, however other additional areas did need paving — area where underground work is to be done and area at loading dock. K. Smith suggested the additional paving be handled as an additive alt and said that this work would have to have a different funding source. \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2007 \070530 Minutes.doc Page 1 of 5 Consensus: if additional funds are going to be sought then include paving to the end of the maintenance building. Tuck noted that funds may come from the National Guard — good idea to stay in touch with the Guard as they work through their construction project. Discussion followed re gate. Consensus to change from a swing gate to gate on rollers. It was noted that fence needs to be the proper length to accommodate the sliding gate and the corner would need to be changed to allow the gate to slide by. K. Smith said that the removal and replacement of the fence was to be added back in as part of the work to be done by Hyer. K. Smith continued the review of questions and responses to Jae Shin. Clearance in Communications room — agreed. Remote stop /start panel for recirc pumps — not needed Conduits — need 2 conduits from pool to maintenance bldg Dryer in laundry room — electric, commercial grade UPS — check w /Ken Scoreboard and Controls - Collective memory of the Board was that the wiring/conduit would be put in place for the scoreboard and controls. J. Johnston suggested requesting Scoreboard and Controls be bid as an additive alternate with the idea of looking at Rasmussen Foundation for funding. K. Smith reminded that the budget includes $350,000 for equipment. Tuck said a list should be made of exactly what would be submitted to Rasmussen. Note; Minutes, email and workbook notes checked by sla. Equipment already selected [in response to Jae's inquiries]. Vacuum = Aquamax with cart Life Guard Stand = 6' Portable Lookout Chair Starting Blocks = Starting Platforms Long Reach Rear Step Diving Board = MaxiFlex B 16' Planters J. Friend suggested deleting the - planters. Tuck said if there were planters they would need to be movable. \\ dove \Departments \EF \Architectural Review Board\ARB Minutes 2007 \070530 Minutes.doc Page 2 of 5 R. Oswalt suggested getting rid of the planters. Roundouts Consensus was to remove the 5 planters, remove 3 of the bump outs and add a loading zone. K. Smith to pass this information to Jae Shin. F. Continued Review of Yorba KMS Construction Documents G. Hacker said that the ceiling in the band room should go back to sheetrock — there is not enough room to install a suspended ceiling. K. Smith will note the change at the pre bid conference. J. Johnston questioned disposal fees. K. Smith said that the Borough will pay the Landfill fees and charge against the Project. He noted that will be mentioned at the prebid conference and will be an addendum. G. Hacker asked if a conduit had been deleted. K. Smith said it had not been deleted, but had been moved and that also will be handled at the pre bid conference. G. Review of Bayside Fire Station Addition Proposals R. Oswalt selected RIM. He said he liked their concise Proposal and would like to see someone new. J. Friend said that Prochaska and Jensen Yorba Lott both were very good, but was leaning toward RIM with Yorba second. He was concerned about Yorba's workload and would like to see the firm concentrate on the school projects. C. Jerling also selected RIM. S. Arndt was absent but asked J. Johnston to speak for him. S. Arndt selected Yorba's firm. He felt that since Yorba would be on the Island working on all the school projects, there would be a money savings. G. Hacker selected Yorba first and RIM second. J. Johnston selected RIM first and Yorba second. He also expressed concern re Yorba's workload and schedule and felt, because the Bayside Addition was a simple project, this would be a good opportunity to build a relationship with a new firm. \ \dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070530 Minutes.doc Page 3 of 5 W. Koning expressed his concern re Yorba's workload. The vote was 4 to 2 for RIM Architects. J. Friend moved to forward the Board's recommendation to the Assembly, selecting RIM Architects as a first choice and Jensen Yorba Lott as the second choice. The Motion was seconded by R. Oswalt. There was a unanimous Roll Call vote. H. Public Comments Mike Dolph said that he had attended the meeting because of his interest in the Bayside Fire Department Addition and wanted to get a little education on the process [of selection]. He noted that he had not seen any criteria spelled out [for selecting a firm]. SL Adinolfi directed M. Dolph's attention to a portion of the Bid Documents where the criteria for selection are spelled out and noted that the ARB Members have gone through this process several times and are aware of the criteria and are very familiar with the firms proposing. J. Johnston added that the Board has seen all of the proposers over the last several years — met face to face and interviewed all of the firms responding. I. Board Member Comments J. Friend thanked W. Koning for his email outlining the role of the ARB. He reminded the Board that Tuck was a Member of the Board, although non - voting, and should be treated as such. He also informed the Board that there had been some discussion among Assembly Members on supporting a stipend for ARB Board Members and that he would keep the Board posted. G. Hacker mentioned that Stan Thompson also should be considered a contributing member as a representative of the Hospital on projects relating to the Hospital. J. Johnston questioned W. Koning about the NG lease at the pool site. W. Koning said that Bud Cassidy had been working on that issue — he would talk to him and email the Board. There were no further Board Comments. J. Adjournment The meeting was adjourned at 8:02 pm. \\ dove \Departments \EF\Architectural Review Board \ARB Minutes 2007 \070530 Minutes.doc Page 4 of 5 Respectfully submitted: haron Lea Adin7'1,, Project Assistant KIB Engineering/Facilities Dept. cce Scott Arndt, Chair Architectural /Engineering Review Board Date: Date: 7- 20 -.?DG \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2007 \070530 Minutes.doc Page 5 of 5 FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING MINUTES May 15, 2007 @ 7:30 p.m. BAYSIDE FIRE HALL CALL TO ORDER: CHAIR DOLPH, called the meeting to order at 7:30 p.m. ROLL CALL: A quorum was established. ACCEPTANCE OF AGENDA: Present: Absent: Staff: Scott Arndt Greg Spalinger Chief Bob Himes_ Ex- Officio Cliff Davidson Jessica Kepley, E/F Mike Dolph, Chair Rebecca Nelson, Vice Chair It was MOVED, ARNDT and SECONDED, NELSON to accept the agenda as presented. The motion CARRIED unanimously. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT: It was MOVED, ARNDT and SECONDED, NELSON to acknowledge receipt of the financial report. The motion CARRIED unanimously. APPROVAL OF MINUTES: It was MOVED, ARNDT and SECONDED, NELSON to approve the minutes April 17, 2007, as presented. The motion CARRIED unanimously. PUBLIC COMMENTS: None. CHIEF'S REPORT: Reported Captain Davis will be leaving Kodiak; he is being transferred to Chico, CA in June. ISO submitted a letter to the Station, Bayside is still rated as a class 4. They will be scheduling an on -site visit sometime around November. FIREFIGHTER'S ASSOCIATION REPORT: None. CHAIR'S REPORT: Provided a summary list of needs the Board will be addressing within the next few months • Inspection Trip — Will be on next work session agenda. • Lease Agreement — Corrections and revisions being made. HIMES to assist with the rewrite. Will be on next work session agenda. • Job Descriptions — HIMES has volunteered to assist with the rewrite. Will be on next work session agenda. • Temporary Housing for Dept Apparatus — Will be addressed at next work session. Brief discussion by the Board held re options. • Non -Area Wide EMS — Added to next work session agenda. KEPLEY read minutes of August 15, 2006 relating to Emergency Medical First Responder Services clause to be added to Ordinance 4.80.010. CHAIR not sure how binding this language is, but will investigate further. STAFF REPORT: None. UNFINISHED BUSINESS: A. Equipment List Revised It was MOVED, DAVIDSON and SECONDED, NELSON to purchase equipment as recommended by staff from Galls for the amount of $3,580.70, LN Curtis for the amount of $16,063.50, and AED Alaska for the amount of $2,729.25 for the grand total of $22,373.45 to be paid out of Fiscal Year 2007 funds. Motion CARRIED unanimously. It was MOVED, ARNDT and SECONDED, DAVIDSON to purchase equipment from LN Curtis for a total of $23,222.62 after July 1, 2007 to be paid from Fiscal Year 2008 funds. Motion CARRIED unanimously. HIMES will come back to the Board with exact pricing for the equipment recommended to be purchased from W.S. Darley, at the next meeting. B. Cossette Property Update Nothing presented. CHAIR will attempt to discuss moving forward on this with the Engineering and Facilities Director. C. First Responder — EMS - Services CHAIR will investigate to find out what the Assembly did re the recommendation of the Board from the August 15, 2006 regular meeting re Ordinance 4.80.010 EMS First Responder additional language. DOLPH will also look into the Area -Wide EMS issue to be placed on the ballot for the upcoming election. D. Inspection Trip Planning Board members are to come back with availability for the inspection trip scheduled in August; will meet again on this at the next work session and regular meeting. NEW BUSINESS: D. Bayside Addition — RFP Proposals KEPLEY provided Proposal copies to all Board members. ARNDT reported the ARB will review the proposals and meet to come up with a recommendation to provide to the Assembly. Board members were encouraged to read through the proposals and provide the ARB with any comments or recommendations they wish the ARB to consider. ARB is to meet on this issue on May 30. Further discussion was held re a plausible timeline to being construction, etc. PUBLIC COMMENTS: None. BOARD MEMBER COMMENTS: ARNDT. None. DAVIDSON. Glad decisions were made at this meeting. He would like to make sure the Board keeps the public informed of progress being made. DOLPH. Felt this was a productive meeting. There is plenty of work ahead for work sessions. NELSON. None. SPALINGER. Absent. ADJOURNMENT: There being no further business to discuss it was MOVED, ARNDT and SECONDED, NELSON to adjourn the meeting. The motion CARRIED unanimously and the meeting was adjourned at 8:45 p.m. SUBMITTED BY: 41114 _ Jes cretary KI : Engineering / Facilities Department APPROVED BY: Mike Do ph, Chair Fire Protection Area No. 1 Board Date :� q/U Date:-- /7•-C) May 7, 2007 KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMIT REGULAR MEETING -May 7, 2007 MINUTES D JUL 3 2007 T BOROUGH CLERK'S OFFICE CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:30 p.m. by CHAIR LYDICK ON May 7, 2007 in the KIB conference room. ROLL CALL A quorum was established. Others present: Michael Martin, John Sessoms, Bob Hales, and Dave Heauman. APPROVAL OF AGENDA COMMITTEE MEMBER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER KING, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMITTEE MEMBER KING MOVED TO APPROVE the minutes from April 2, 2007 as presented. The motion was SECONDED by COMMITTEE MEMBER ABELL, and it CARRIED by unanimous voice vote. Charlie Powers joined the meeting. OLD BUSINESS A. Update RFQ Discussion regarding quotes and method of exploration. NEW BUSINESS A. Introduction of new GTF Member (Charlie Powers) Powers stated he took over Andy Teubers' position at Koniag and has been back in Kodiak since February. Gravel Task Force Meeting Minutes Page 1 of 2 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Sheila Smith Gary Carver X Dave King X Community Development Bill Oliver X Bud Cassidy Andy Teuber X Community Development Thomas Trosvig X Charlie Powers X May 7, 2007 KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMIT REGULAR MEETING -May 7, 2007 MINUTES D JUL 3 2007 T BOROUGH CLERK'S OFFICE CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:30 p.m. by CHAIR LYDICK ON May 7, 2007 in the KIB conference room. ROLL CALL A quorum was established. Others present: Michael Martin, John Sessoms, Bob Hales, and Dave Heauman. APPROVAL OF AGENDA COMMITTEE MEMBER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER KING, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMITTEE MEMBER KING MOVED TO APPROVE the minutes from April 2, 2007 as presented. The motion was SECONDED by COMMITTEE MEMBER ABELL, and it CARRIED by unanimous voice vote. Charlie Powers joined the meeting. OLD BUSINESS A. Update RFQ Discussion regarding quotes and method of exploration. NEW BUSINESS A. Introduction of new GTF Member (Charlie Powers) Powers stated he took over Andy Teubers' position at Koniag and has been back in Kodiak since February. Gravel Task Force Meeting Minutes Page 1 of 2 B. Invitation to Meeting (2 /Susan G. Browne, DNR) Tuesday, May 15, 2007, 1:00 PM, Borough Conference Room Lydick reported this is an open invitation to attend the meeting. We have been contacted by Susan Browne from DNR who will be here on the 15 16 and 17 looking at gravel sites. Anyone wishing to see what she has to present is more than welcome to come. COMMUNICATIONS i) There were no communications. REPORTS Meeting schedule: • June 4, 2007 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:00 p.m. ATTEST BY: C`CAleiC2Ct t Sheila Smith, Secretary Community Development Department DATE APPROVED: July 2, 2007 May 7, 2007 By KODIAK ISLAND BOROUGH EL TASK FOR ' u MMITTEE / A Martin L7s ck hair Gravel Task Force Meeting Minutes Page 2 of 2 Meeting called to order by Darlene Turner at 7:05 PM. Roll Call - Present Jeff Hamer and Darlene Turner; absent - excused Alayne Larsen a quorum was established. New Business: Board Vacancies: A letter was received from Borough Clerk Judi Nielsen informing the Board that David Sundberg and Bruce McNeil have applied to fill the two vacant board seats. Jeff Hamer moved to accept both names and recommend to the Borough Assembly that Mr. Sundberg and Mr. McNeil be appointed to the Monashka Bay Road Service District Board. The motion was seconded by Darlene Turner. The motion passed by voice vote. Budget: a public meeting of the service district will be held on February 25, 2002 at 7:30 PM, at Bayside Fire Station to discuss and prepare the operating budget, service area work program and capital project budget for the next FY. An additional public hearing will be held on March 18, 2002, at 7:30 PM at Bayside Fire Station to adopt the budget and submit it to the Assembly for approval. Mr. Hamer suggested Mr. Bud Cassidy will be invited to attend both the Budget planning and Budget adoption meetings. Board Resignation: Alayne Larsen has submitted her resignation to the Borough Clerk to be effective March 1, 2002. Ms. Turner moved to accept Ms. Larsen's resignation, thanking her for her service to the Service District, and request the Borough Clerk to advertize the pending vacancy. The motion was seconded by Mr. Hamer. The motion passed by voice vote. The next meeting agenda items will be the Road Service District work program, capital projects and operating budget; election of board officers; appointment of contact persons for Brechen. The Meeting was adjourned at 7:28 PM Minutes prepare arlene Turner Monashka Bay Road Service District Minutes of Regular Meeting January 28, 2002 Monashka Bay Service Area Service Area meeting minutes-- January 27, 2003 I. Call to order Chair Jeff Hamer called the meeting to order at 7:00 P.M. II. Roll Call Members Present: Jeff Hamer, Chas Glagolich, Darlene Turner, Bruce McNeil BOROUGH CLERK'S OFFICE Dave Sundberg. Members Absent: None Others Present: Bud Cassidy, Engineering and Facilities Department III. Old Business Jeff talked about meeting with Jim Graham of Brechan Enterprises (Service Area Contractor) in October. Jeff, Chaz, and Bud traveled around the service area looking for work to be done prior to winter. As a result, Brechan Enterprises was directed to do ditching on Mt View and Three Sisters Way. N. New Business A. Election of Officers Darlene Turner was elected Service Area Chairman B. Discussion of Protocol A discussion ensued about the preferred way that the Service Area Contractor should be notified. It was agreed that all notice to the contractor should be through the Chairman. The Service Area Contractor will be given a copy of the roster of Service Area Members. C. Work Order Jeff Hamer stated that he approved work on a bank stabilization project on Mt. View Drive. D. Pond Access Issues & Culvert needs at Bottom of Three Sisters. A number of issues were discussed about the pond at the bottom of Three Sisters. These issues are as follows: 1. Public access across the pond 2. High public recreation value of the beach 3. Infilling of the pond (use to be 7 feet deep, now less than 2 feet) 4. Infilling of culvert leading to pond 5. Damage to trees on private property because of non - functioning culvert 6. Borough involvement in rectifying problem 7. Service Areas involvement in rectifying problem 2007 r Members asked for clarification of the issues. Staff will look further into the issues. E. Historic Development without culvert The board discussed that a lot of the pothole problem is caused because there are no ditch lines at the top of Three Sisters Way. The reason for no ditch lines is that the driveways that occur there have no culverts. Members asked staff if there was a way to require culverts at these historic driveways. It was asked if the KIB had a policy requiring these culverts. Is it the homeowner's responsibility or that of the service areas? F. FLY BY The Board went through the service area, street by street, to determine if work needed to be done. The result of the discussion is that all roads will be graded. There was also a discussion about the ditching at the bottom of Mt. View Drive. The water off this road does not go into the ditch at the intersection of Monashka Bay Road and Monashka Bay Road. Monahska Bay Road is a State of Alaska road. Ditching in a State right of way is the state's responsibility. Bruce will look into this. G. Budget Staff stated that budget documents would be out soon. The service area will have to hold two meetings before adopting a budget. Tentative dates are 3/18 & 4/1/03. H. Adjournment Meeting was adjourned at 8:00 a r ene T r Chair Monashka Bay Service Area Service Area meeting minutes March 18, 2003 I. Call to order Chair Darlene Turner called the meeting to order at 7:00 P.I. . II. Roll Call I { ' BOROUGH � U '.-f CL i OFFICE Members Present: Jeff Hamer, Chas Glagolich, Darl McNeil, Dave Sundberg. ' Members Absent: None Others Present: Bud Cassidy, Engineering and Facilities Department III. Minutes The January 27, 2003 minutes were approved. N. Old Business A. SNOW REMOVAL CONTRACT Staff stated that the contract would be out for bid this spring. The board would recommend awarding the contract on the contractor that the board chooses. This recommendation will be forwarded to the Assembly. Board Member Glagolich inquired as to whether the present two - year term could be increased. Staff will inquire. B. DIGGING OUT POND AT THE BOTTOM OF THREE SISTER'S DRIVE. The board discussed the need to excavate the pond at the bottom of Three Sisters drive to aid in the drainage of this road. The pond has filled in with sediment. This sediment is plugging culverts and backing up drainage water onto private property. This three -way intersection is an important one for the neighborhood. Chair Turner will meet with the service area contractor to discuss the cost. Staff will check with the proper state agencies to see if any permits are required. The board touched on the issue of how this project may appear to benefit two of the board members living in the area. After discussion, the whole board spoke about the importance of this intersection and the need for proper drainage through out the service area. V. New Business A. FY 04 Budget Chair Turner passed out budget documents. After board discussion, the draft budget was set. This document will be available for public review at the Borough Clerk's office prior to the budget adoption meeting to be held April 1, 2003. Primarily the board added $500.00 to the Personnel line item. $42,000 to the Service District Work and Maintenance line items ($12,000 for Snow Removal and sanding, $25,000 for Repairs and Maintenance, and $5,000 for the Grading and Ditching line item) and $1,000 to Support Goods and Services. Board Member Hamer, who is also the most senior member, pointed toward the history of board frugality in budget deliberations, but its ability to respond to the needs of the district. He felt comfortable with the proposed FY 04 budget. He also felt that the Monashka Service Board budget process is a model. The Board did have a number of questions about the budget that they asked staff to investigate. The Budget as determined was unanimously approved. VI. Comments The board discussed the need for culverts in places where there was not a culvert. Some of the missing culverts are in driveways for structures that were built prior to the borough code requiring culverts. The Board asked who is responsible for installing these culverts? Staff stated that normally it is the homeowner's responsibility. Staff will investigate when this requirement went into effect. VII. Adjournment Chair Turner adjourned the meeting at 8:20 P.M. �3 Iene Turner, Chair 1, 1. Fund Balance? Ans: $55,127 Monashka Bay Service Area 3/18/03 Budget Questions 2. Personnel Expenditure fees where there use to be none? Ans: KIB Staff time 3. FY Actual Expenditures Ans: I sent to you. It is the Short Report. 4. Insurance Costs to Service Areas increase? Ans: Just part of the overall increase in Insurance for everything! 5. Why are Service Area Revenues going down? Ans: Local Taxes increasing. State Revenue Sharing going down 6. How much revenue is projected for the Service Area? Ans: $25,000 BOROUGH CLERK'S OFFICE LJ Monashka Bay Service Area Public Meeting at Bay Side Fire Station Meeting Minutes April 5, 2004 I. Call to order by Chair Turner at 1905 hours II. Roll Call Present - Chaz Glagolich, David Sundberg, Darlene Turner Resigned — Jeff Hamer * Non -board member Present Bruce McNeil III. Minutes None IV. Public Comments None V. Old Business BOROUGH r_` <," OFF- DIGGING OUT POND AT THE BOTTOM OF THREE SISTER'S DRIVE. The work done last summer, which was sub - contracted by Brechen to Kevin Arnt, was completed in a satisfactory manner and under budget. The gravel and silt runoff since completion has blocked several culverts under Three Sisters and has back filled the new ditch into the pond and the bottom of 2046 Three Sisters. The way to stop the erosion was discussed including paving the service district roads. It is important that the Borough engineer review the problems with drainage on the three major Service District roads and assist with planning a solution through an incremental phase plan. (Culvert work, raise the road bed, paving, drain and dredge both the small and large pond.) The process needed to deal with the silting in of the large pond and recommendations from the Corp of Engineers. Address the damage caused to the road surface of Three Sisters by large commercial trucks. Review of overhanging trees on Three Sisters and Marmot that present a hazard and interfere with drainage. Discuss with the Borough and State the ramifications of incorporating Otmaloy, Sawmill and Lakeview into the Service District and what incentives the State would offer to do so. The Board decided Darlene Turner will meet with Bud Cassidy of the KIB to discuss the above issues and report back to the board. VI New Business APPROVAL OF FY 04 BUDGET The following Budget recommendation is submitted for the 04/05 budget cycle: $12,000 Sanding and Snow removal $15,000 Repairs and Maintenance $5,000 Grading and Ditching $400 Personnel Services $100 Employee Benefits $1,000 Support Goods and Services Total $33,500.00 RESIGNATION OF JEFF HAMER Due to health reasons Jeff Hamer submitted his resignation to the board on 4 -5 -04. A letter of appreciation will be sent to Jeff from the Board in recognition of his years of service to the Monashka Bay Road Service District and a recommendation that a similar recognition be made by the Borough Assembly. ADVERTIZING TO FILL TWO VACANT POSITIONS Per Borough code 4:15:040 Vacancies (B) The Monashka Bay Road Service District Board is notifying the Borough Clerk of two vacancies on our board and are requesting the Borough Assembly be advised so they can declare Jeff Hamer's seat vacant and a notice can be published in the newspaper seeking Board members. Further that Bruce McNeil requests that his application be resubmitted to the Borough Clerk and he is seeking to fill the seat vacated by Don Fox, who refused service after the October 03 election. ELECTION OF OFFICERS Chairman — Darlene Turner was reelected as Chair of the MBRSD Vice -Chair — David Sundberg was elected as Vice -Chair of the MBRSD Secretary — The duties of Secretary will be provided by the Chair until new members are appointed and an election held by the board. VII. Comments - None VIII. Adjournment — 2025 hours Signed 6 1 1,CA,ti,/ Date Chairman Dariene'"1'u VII. Comments VIII. Adjournment Monashka Bay Service Area Public Meeting at Bay Side Fire Station Regular Meeting May 12, 2004 I. Call to order II. Roll Call III. Minutes April 6, 2004 Regular Meeting IV. Public Comments VI New Business ADVERTIZING TO FILL TWO VACANT POSITIONS V. Old Business APPROVAL OF FY 04 BUDGET The following Budget recommendation is submitted for the 04/05 budget cycle: $12,000 Sanding and Snow removal $15,000 Repairs and Maintenance $5,000 Grading and Ditching $400 Personnel Services $100 Employee Benefits $1,000 Support Goods and Services Total $33,500.00 III. Minutes None V. Old Business None Monashka Bay Service Area Public Meeting at Bay Side Fire Station Meeting Minutes February 9, 2005 L Call to order - 7 :00 P.M. II. Roll Call - Darlene Turner, Chaz Glagolich, Dave Sundberg, Bruce McNeil, Andrew DeVries IV. Public Comments - None VI New Business 1. Review of Engineer's Report - July 26, 04 Board members reviewed the engineer's report made by Chris Lynch on July 26, 2004. The board members were pleased with the report and felt it covered all the areas of concern and pointed out cost saving remediation ideas for crowning the roads. The board agreed that bring the roads in the service district up to borough code would be an effective way to reduce the amount of run -off of silt and gravel that has been identified as a major problem at the bottom of Three Sisters. 2. Develop Road Maintenance Plan: The board discussed developing a long term road maintenance plan that would address the points made in the engineer's report. It was felt that the owners of each property in the Service District should be identified and be sent cover letters describing the issues; culverts needed, blocked culverts, driveway grade and widths of driveways, potential problem trees to be surveyed, drainage on the dumpster corner, and roadway crowning. The board also discussed the potential cost of placing culverts across driveways and the idea of matching 50% of the cost with the owners to bring the identified driveways up to borough code. Dave Sundberg will survey the trees along the road ways that might present electrical hazards or interfere with ditching efforts. Chaz will check the driveways of proper grade % and identify the driveways that are contributing to the run -off problem. Drew will check the culverts and identify those culverts in the Service District in need of maintenance, blocked culverts and the properties that do not have driveway culverts contributing to the run -off problem and road way degradation. Bruce will check with DOT about developing a plan to divert the runoff from Monashka Bay Road onto Three Sisters. Darlene will meet with Brechen (Service District Maintenance contractor) and present the engineer's report and develop cost sheet for the maintenance identified in the report. FY 05 Budget; The 06 budget was discussed and a tentative budget proposal was developed. This is based on current income and does not reflect the amount of work that will be necessary to bring the roadways up to borough code. The possibility of raising the mill rate was discussed and will be acted on after the report from Brechen, the road maintenance plan is developed and another public hearing is called on 2 -23- 05. Expenditures Personnel - $400 Employee B - $115 Service- District Snow Removal/Sanding $12,000 Service District Repairs and Maintenance $20,000 Service District Grading and Ditching $10,000 Support Go - $500 Total Budget Expenditures 2006 - $ 43,015.00 Revenues: Property Taxes - $28,756.00 with a .25% increase to the mill rate Use of fund Balance - $14,076.00 Total Revenues 2006 - $43,015.00 Election of Officers; Darlene Turner, Chairman; Dave Sundberg, Vice Chair; Andrew DeVries, Secretary VII. Board Comments - none VIII. Adjournment - 2017 hours The Regular Meeting is set for February 23, 2005 at 7:OOpm at the Bayside Fire Hall Darlene J Tuner, Chairman Monashka Bay Road Service District Date I. Call to order — 7:10 Monashka13.ag Service Area Public Meeting. at Bauside Fire Meeting Minutes February. 23, 200 o L JUN BOROUGH CLERK'S OFFICE II. Roll Call — Darlene Turner, Chaz Glagolich, Dave Sundberg, Bruce McNeil, Andrew DeVries III. Minutes — February 9, 2005 IV. Public Comments Andy Dano asked about criteria for painted trees that are in consideration. Doug Mathers expressed his concern for too much of an increase in Mill rate. V. Old Business Review of Engineer's Report — July 26, 04 Board members reviewed Chris Lynch's report which identified problems. We talked about the beginning stages of brushing, redefining shoulders /crown, culverts, and drainages. Report is to be made public for the asking. Develop Road Maintenance Plan Dave was assigned to mark trees interfering with waterways and electrical lines. He identified 42- trees /tree clusters that need to be considered. KEA had agreed to help with trees that have become too close /intertwined or leaning towards electrical lines. Bruce talked with the State about dumpster area on top of Three Sisters. They have agreed to build up the pad and create a ditch behind it. He mentioned that this will not stop all run off from the road. Chaz stated borough code for width and slope of driveways. He sited 8 driveways that are in clear violation of code and could be fixed. Drew documented damaged and plugged culverts. It is apparent that some need to be taken care of right away, while other could be put on some sort of schedule. The board figured out that it is our responsibility to clean them. We need to look into some sort of incentive for a nonprofit like Bayside Fire and Rescue to become involved. Darlene looked into driveways without culvert. The board agreed that these problematic driveways should be approached on case -by -case bases. And we are at liberty to offer a 50/50 split for placement of a new culvert. Presentation by Brechen on road maintenance - Louie Rochelean gave us rough numbers on bringing our roads up to code in the next 5 years. He estimated the brushing to take 5 days at $8,800. This does not include mobilizing equipment around to stay off the paved state road, which is at a cost of $180/hr. And a huge help would come from KEA in the trees interfaced with the electrical lines. The surveyor quoted him a bill of $12,000 to pin and mark the entire district. This should be done in small segments so pins are not lost. And it would be helpful to come up with some mutual mark so that property owners could help out where possible. On the edge of the right of way, which extends 30 feet from the centerline, ditches are required to have a certain pitch. Redefining ditches costs $256 /day, which includes excavator and 2 dump trucks. Time here depends on a lot of factors, as do the installment of new culverts. He estimates them at $1050 for average cost of new 18" culvert and 2 hours to install ($1/1" = $18/1' for 18" culvert and 12' to cover width of driveway). Reconditioning of roads and compacted material should cost $2,240 /day. He estimates Marmot and Three Sisters to take one day each. It is possible that some material could be salvaged off of shoulders. Stumps in Marmot Road could be partially removed without getting into "a bucket of worms." Also, other alternatives like textile should be looked into. Brechan has worked well with us in the past. It was brought up that someone has been and needs to be there to direct when work is to be done and keep them productive. FY 05/06 Budget — The budget is based on current income ($23,726) and does not reflect the amount of work that will be necessary to bring the roadways up to borough code. Motion passes to raise Mill Rate 1/4 of a mill Personnel -$400 Employee B - $115 Service District Snow Removal/Sanding $12,000 Service District Repairs and Maintenance $20,000 Service District Grading and Ditching $10,000 Support Go - $500 Total Budget 2006 - $43,015.00 Motion passes to bring $20,000 over from our fun balance and to accept total budget for 2006. In 2002 money was also taken out of fun balance and never replaced. It is recommended that at least one year's total budget be in reserves for really bad years. 2006's budget is approximately $1,000 more than last year's. VI. New Business The Pond on bottom of Three Sisters has been talked about extensively, but never has been redefined as a bird sanctuary. This is obviously one of our largest problems in our district, yet we have no jurisdiction over it. Of course, this could possibly change. It was mentioned that with better drainage more silt would be deposited here quicker. Already the pond increased in width and decreased in depth enough to back up major culverts on Three Sisters. The Board has assigned Bruce to look into dialogue with property owners and Core of Engineer to possibly establish a tide gate or levy to relieve problem with the intent of rebuilding sanctuary. Possibly there is grant money available for those who are able to look for it. VII Board Comments Chaz expressed his concern for unhappy owners who already put culverts in and are forking over a piece of the 50/50 split of new culvert on detrimental properties. Some possibilities brought up could be the owner buys the culvert and we put it in. Or someone can look in to the avenue of buying bulk and owner put it in. Assessment and payments are also going to be made available. And for the really stubborn owners, ditches will be made for them on the right of way. Dave wished to thank audience participation. Tonight was the best turnout in a long time. Drew compliments everyone on effort put in and encourages everyone to keep the ball rolling. VIII. Adjournment - 9:35pm Darlene J. Turhr Andrew DeVries Monashka Bay Road Service District Chair Secretary MBRSD Monashka Bay Service Area Board Members Darlene Turner - djturner@ptiaiaska.net ph. 486 -6390 Chaz Glagolich - chazmanrptialaska.net ph. 486 -6930 Dave Sundberg - dmj517itgci.net ph. 486 -5327 Bruce McNeil - bruce mcneil(a>dot.state.ak.us ph. 487 -4952 Andrew DeVries - andrewdevries52(a),hotmail.com ph. 486 -1422 June 6, 2005 Sincerely, Darlene Turner MBRSD Chairman Secretary Dear Monashka Bay Road Service District Resident, Once again we are writing to encourage your attendance at a public meeting about issues concerning the Monashka Bay Road Service District (MBRSD). The meeting will start promptly at 7:30 p.m. on Tuesday, June 21 at Bayside Fire Station. Items for the agenda will include addressing questions and concerns on recent road improvements, as well as short and long term goals. We will also have an up to date budget from the borough for the MBRSD. The board will also review the bid packets for service in the new fiscal year. Our immediate plans are to finish up the second half of the road improvements budgeted for FY 2005/2006 to commence in July 2005. This meeting will also be announced in the newspaper and on KMXT and KVOK/KRXX radio stations. Andrew DeVries MBRSD Monashka Bay Service Area Public Meeting at Bayside Fire Station Meeting Minutes June 21, 2005 I. Call to order - 7:30 II. Roll Call - Darlene Turner, Chaz Glagolich, Dave Sundberg, Bruce McNeil, Andrew DeVries III. Minutes - All previous minutes have been approved. The last board meeting was February 9, 2005 The February 9 Minutes were read to MBRSD members present 1 N. Public Comments Pam Foreman learned about the project and harbors discouraging feelings about where we are now. She said vegetation removed in a five year project like this can take up to twenty years to grow back. She is a 16 year resident of the district and is concern about replanting where brush was scraped instead of cut back. She felt that there was a communication problem when she got the notice of the work late (She is not an owner and was notified by her landlord). She wonders why the brushing /scrapping was done in front of her place. Are there plans to put a culvert in? Are there plans to recover and reseed? She states that a chainsaw could have uncovered the ditch much more efficiently. Jim McCullough would have loved to transplant some of the smaller trees that were removed. "Shovels are a poor way to limb trees" and is concerned the tree adjoining his property may die because of the way it was limbed. He was very concerned with the silt build up and no catch basins. Because of this, he suggested using some pollution control as soon as possible and in the future. He plans to hang burlap to stop further erosion of his cliff area if the MBRSD board is not going to address the issue. And as for the D -1 sloughing off his new culvert, he suggested a concrete headwall on each side. Judy Dole had many concerns with the way things have been handled. The soil piled on her property from the pond and then removed was not with her permission. They have decided to put up a fence to stop future trespassing actions. Andy Dano did not get a notice of this meeting in the mail and asked that his mailing address be up- dated. He was very upset with the way Brechan handled things. He took it upon himself to brush his yard and his neighbor's yard to stop the wasteful disregard for the vegetation holding the road in place. "More root balls were exposed then the good that was attempted." When he asked the Brechen operator about the ditch, he told him Brechen wasn't going to touch it. Slobhan Cassul stated that there was no rhyme or reason to the mayhem that Brechan created. And when they asked, she said they acted aggressive toward her. She mentions 2 that many of the dump trucks leaving Three Sisters were not even half full. Jody Spivey felt confused about what the project was to accomplish. She sees no difference in the quality of the road than before they started. "Are we paying for the mess that they did ?" Her notice arrived late and was very angry about how it went. She feels that the Board should make more of an attempt to notify the residents in a timely manner. Jody suggested Brechan should not dig on private property without permission. "They need to realize who their customers are." Will we see a bill for the culvert? And when could they expect this happen? Does the board have an idea of when we will see pot holes dug up and repaired for good? Randy Spivey did not feel that we got what we asked for by way of road improvements. His drive way needs to be a few feet wider on each side so he can get his boat and trailer on and off his property. D -1 is currently sloughing off and so far three cars have gone into the ditches on both sides of his driveway. Randy asked the following questions; what are the Borough codes for culverts? Where bids put out for the work? He was concerned with tree removal and asked about the telephone pole that is now in the ditch by his house. Randy doesn't feel snow removal was adequate this last winter. Which centers on one occasion when a particular storm caused such icy conditions his son's four wheel drive with studs went off the bank at the top of Three Sisters. He would like to see more attention put towards that area in the future. Randy felt that Brechan is biting off more then they can do in a timely matter with so many contracts. He would like to see the MBRSD board meet more often. Cheryl McNeil is a 5 year resident and sees what has been done as a big step in eliminating the glaciations and erosion on Three Sisters. She says that the scraping shocked her and believes it is much like a new haircut, we need to be patient and we'll get use to it. She believes part of Brechan's premature start date could be because of our early nice weather. Cheryl suggested that all three property owners adjoining the pond (at the bottom of Three Sisters) get together with the Board on matters concerning the pond and drainage. She mentioned that the Borough's Web Page might be an alternate means of advertising future meeting and improvements. Libby Eufemio lives on the end of Three Sisters and gets to see the whole road daily. She asks, how far is the grader suppose to go when removing pot holes? Does it stop at the circle? Six families live around the circle and would like the circle pot holes graded. She is also concerned with the marked trees. And she suggested that we look at the problems of wind tunnels caused by tree removal on Bay View Terrence. Perhaps we could fudge on the conservative side and not take down so many trees. She warns of making sure that if we reseed it's not with Orange Hawkweed or any Japanese Weeds that are spreading in the Kodiak area and are a threat to our local plants. Steve Schrof does not understand why any are was brushed on his side of the road. The water clearly drains between his and JC Crawford's house onto Devil's Prong. Are there plans for the ditch to follow the road to the bottom? Does this include the need for a culvert in his driveway? And what is the time line? Steven Dehart asked how we went over budget, and how the he bidding process was handled. He asked if this was the best turn out so far at a meeting. He asked who put out the bid for the work already done and stated that any work order over $10,000 had to go to bid and he would be looking into it, especially as it was $6,000 over budget for the work done. Scott Arndt stated that everyone has a problem when weather turns from bad to ugly that quick. Brechan can not justify having equipment sit for the Tess lucrative winter months. The Hospital is part of borough facilities and will always get first priority. Then it's up to who calls first between Scott's district (Service District One) and MBRSD. Scott recommended inviting the contractor to these meetings. It is very helpful when Mike Martin and Louie show up. The service district board recommends the bid to the Assembly for their approval. One of the board members needs to be on the job site when work is to be done. If they can't be there it is a waste of money, time and material in miss direction. 4 Monashka Bay Service Area Public Meeting at Bayside Fire Station Meeting Minutes June 21, 2005 I. Call to order - 7:30 11. Roll Call - Darlene Turner, Chaz Glagolich, Dave Sundberg, Bruce McNeil, Andrew DeVries 111. Minutes - All previous minutes have been approved. The last board meeting was February 9, 2005 The February 9 Minutes were read to MBRSD members present 1 IV. Public Comments Pam Foreman learned about the project and harbors discouraging feelings about where we are now. She said vegetation removed in a five year project like this can take up to twenty years to grow back. She is a 16 year resident of the district and is concern about replanting where brush was scraped instead of cut back. She felt that there was a communication problem when she got the notice of the work late (She is not an owner and was notified by her landlord). She wonders why the brushing /scrapping was done in front of her place. Are there plans to put a culvert in? Are there plans to recover and reseed? She states that a chainsaw could have uncovered the ditch much more efficiently. Jim McCullough would have loved to transplant some of the smaller trees that were removed. "Shovels are a poor way to limb trees" and is concerned the tree adjoining his property may die because of the way it was limbed. He was very concerned with the silt build up and no catch basins. Because of this, he suggested using some pollution control as soon as possible and in the future. He plans to hang burlap to stop further erosion of his cliff area if the MBRSD board is not going to address the issue. And as for the D -1 sloughing off his new culvert, he suggested a concrete headwall on each side. Judy Dole had many concerns with the way things have been handled. The soil piled on her property from the pond and then removed was not with her permission. They have decided to put up a fence to stop future trespassing actions. Andy Dano did not get a notice of this meeting in the mail and asked that his mailing address be up- dated. He was very upset with the way Brechan handled things. He took it upon himself to brush his yard and his neighbor's yard to stop the wasteful disregard for the vegetation holding the road in place. "More root balls were exposed then the good that was attempted." When he asked the Brechen operator about the ditch, he told him Brechen wasn't going to touch it. Slobhan Cassul stated that there was no rhyme or reason to the mayhem that Brechan created. And when they asked, she said they acted aggressive toward her. She mentions 2 that many of the dump trucks leaving Three Sisters were not even half full. Jody Spivey felt confused about what the project was to accomplish. She sees no difference in the quality of the road than before they started. "Are we paying for the mess that they did ?" Her notice arrived late and was very angry about how it went. She feels that the Board should make more of an attempt to notify the residents in a timely manner. Jody suggested Brechan should not dig on private property without permission. "They need to realize who their customers are." Will we see a bill for the culvert? And when could they expect this happen? Does the board have an idea of when we will see pot holes dug up and repaired for good? Randy Spivey did not feel that we got what we asked for by way of road improvements. His drive way needs to be a few feet wider on each side so he can get his boat and trailer on and off his property. D -1 is currently sloughing off and so far three cars have gone into the ditches on both sides of his driveway. Randy asked the following questions; what are the Borough codes for culverts? Where bids put out for the work? He was concerned with tree removal and asked about the telephone pole that is now in the ditch by his house. Randy doesn't feel snow removal was adequate this last winter. Which centers on one occasion when a particular storm caused such icy conditions his son's four wheel drive with studs went off the bank at the top of Three Sisters. He would like to see more attention put towards that area in the future. Randy felt that Brechan is biting off more then they can do in a timely matter with so many contracts. He would like to see the MBRSD board meet more often. Cheryl McNeil is a 5 year resident and sees what has been done as a big step in eliminating the glaciations and erosion on Three Sisters. She says that the scraping shocked her and believes it is much like a new haircut, we need to be patient and we'll get use to it. She believes part of Brechan's premature start date could be because of our early nice weather. Cheryl suggested that all three property owners adjoining the pond (at the bottom of Three Sisters) get together with the Board on matters concerning the pond and drainage. She mentioned that the Borough's Web Page might be an 3 alternate means of advertising future meeting and improvements. Libby Eufemio lives on the end of Three Sisters and gets to see the whole road daily. She asks, how far is the grader suppose to go when removing pot holes? Does it stop at the circle? Six families live around the circle and would like the circle pot holes graded. She is also concerned with the marked trees. And she suggested that we look at the problems of wind tunnels caused by tree removal on Bay View Terrence. Perhaps we could fudge on the conservative side and not take down so many trees. She warns of making sure that if we reseed it's not with Orange Hawkweed or any Japanese Weeds that are spreading in the Kodiak area and are a threat to our local plants. Steve Schrof does not understand why any are was brushed on his side of the road. The water clearly drains between his and JC Crawford's house onto Devil's Prong. Are there plans for the ditch to follow the road to the bottom? Does this include the need for a culvert in his driveway? And what is the time line? Steven Dehart asked how we went over budget, and how the he bidding process was handled. He asked if this was the best turn out so far at a meeting. He asked who put out the bid for the work already done and stated that any work order over $10,000 had to go to bid and he would be looking into it, especially as it was $6,000 over budget for the work done. Scott Arndt stated that everyone has a problem when weather turns from bad to ugly that quick. Brechan can not justify having equipment sit for the Tess lucrative winter months. The Hospital is part of borough facilities and will always get first priority. Then it's up to who calls first between Scott's district (Service District One) and MBRSD. Scott recommended inviting the contractor to these meetings. It is very helpful when Mike Martin and Louie show up. The service district board recommends the bid to the Assembly for their approval. One of the board members needs to be on the job site when work is to be done. If they can't be there it is a waste of money, time and material in miss direction. 4 I. Call to order - 7:30 Monashka Bay Service Area Public Meeting at Bayside Meeting Minutes July 05 II. Roll Call - Darlene Turner, Chaz Glagolich, Andrew DeVries III. Minutes - Dave makes motion to approve minutes for June 21 2005's meeting. Bruce seconds motion. Motion approved unanimously. IV. Public Comments Frank Bishop lives on top of Marmot and would like to see a culvert crossing the street from his property (town side) towards the landfill side. His culvert has been filled up for years. And as another alternative, he is not against redirecting it down his property (toward town) into the creek that leads towards the pond on the bottom of Three Sisters. He understands that the maximum width for a driveway on the Borough roads to be around 40 - 50 feet. Many times people park on his property when the road gets icy and too rutted up. The base of the road is the biggest problem. The water runs on top of the ash and then backs up after the first hill on Marmot. The road becomes saturated and the water has no where to go. His wife ran a day care for twenty years and he doesn't ever remember clients not being able to get down the first part of Marmot. Granted it does get slick in Kodiak and weather can change pretty quickly, but the property owner have no right to say that the contractors are not doing their job. Six thousand dollars was a budget for around the 1970's. We can expect someone to do this job for that today. We need to have communication with everyone. Jim McCullough disagrees about the plants coming back on their own. A 2:1 or even 3:1 slope is not attainable where the survey line is on his property. The road has shifted and it is pretty much bare cliff without vegetation. Randy Spivey wants to know if catch basins are going to be installed. Because of the erosion, water is being deterred. And he would like to be notified before hand if any more ditching is to be done. He plans on planting grass and wild flowers and doesn't money and time wasted. Randy wants us to look at another contractor. He asked, "How much are they doing over the winter ?" Perhaps they need more equipment if they aren't getting to our roads till the three in the afternoon when they have been called out that morning. The speed limit is 15 mph and still when it's icy out cars are side - swiping each other. People are driving on the wrong side of the road just so the can get up. Of course, the roads as they stand don't help the matter. Martha McKinney has lived in our district for twenty one years and she strongly advises the board not to award the contract to Brechan. There is no reason, in her opinion, for the salmon berry bushes to be cut back the way they were on Forest Drive. She would appreciate more talking to homeowners before any stashing and burning. The pot holes have been in the same place since the early eighties. The road needs to be dug up and a proper base needs to be put in. Every year, there is always driving off the road. We are in bad need of improvements. Property owner seem to read the signs, but the visitors perhaps need more signs. Brechan will take what ever we have and she recommends not having a fund balance for that reason. It is unfortunate that others backed out. She compared Brechan's contract to "The Emperor's New Clothes." She stated that she was really upset for what was done. She would like to reiterate that the board was set up for community. And in her opinion we were charged more for what we didn't need. Shawn Dillon in the past sat on the board twice. He would like to empower homeowners with the simple things like brushing and limbing. To help with communication problems, a newsletter was started by Roger Blacket years ago to keep in touch with the property owners. He said, "It seems like the board is talking more about road construction, rather than input and maintenance." Sean didn't recall anyone asking to pay more. Years ago the mill rate would go up to 2 mills when big projects came around then it would go back to 1 mill. By laws are for the simple things, and he would like to see the board go to the people for the more important things. To get a backhoe on Marmot, he used to go door to door and collect $10 from everyone on Marmot. For a hand full of years, Island Sanding and Gravel would charge $6,000 per year for winter services. In his opinion, Brechan has used up valuable time and money. We still have the same pot holes. The pot holes weren't addressed correctly and he believes that we should have better control of our contractor. Sandy Solenberger lives with her husband close to the end of Marmot. They regularly fill in pot holes with buckets of gravel. She suggested that we leave a pile of gravel at the top of Marmot for the citizens to have an opportunity to become more pro- active. Perhaps it would be a short term way until the organic materials in Marmot could be removed. Louise Ball Stutes wrote in to say that she would have liked to have been at this meeting. And her husband and her "do not want anyone from the Service District, Borough, or a representative there of, on our property, including the pond, without written permission ..." Mike Martin (representing Brechan) stated that his overall response when he read last meeting's minutes was that he would fire Brechan too. The major problem's, he said, was misinformation, misunderstanding, and lack of communications. He made it clear that as a contractor the board calls us for what you want done. And the citizens in the district direct the board what they want done. Brechan took the greatest effort to do the job in the timeliest manner with the best, most experienced laborers. Mike concluded, "Generally we know what we are doing ... and we have never had this response before." He felt bad and as if they was trespassing and very much offended. According to the contract, Mike personally accounted daily and Brechan was under by $300. He understands that the district needs to watch their money. Honestly, Brechan's contract with the districts are considered "a community service ". Last winter Brechan sent Scott their best sander down Three Sister when no one else would do it. If you don't want to award the contract to us it's ok. His advised us to communicate with the people and the board and make it clear to everyone which direction is to be taken. Mike agrees that as far as the pot holes, there is more to it. We need the right crown, the right grade, the right material, the right compaction at least once a year. Brechan has been in business for twenty five years. Louis Rocheleau agreed with Mike. And he stated that especially on Marmot, we need to first get down to the basic core and remove the organic material. These roads from the start weren't built very well. Old Business Meeting with Brechan Last week Darlene, Bruce and Dave met with Mike Martin and Louis Roshlau. They came to the conclusion that the job was done as contracted. And work was done with two supervising board members. Brushing could have been done with a Hydro Axe, but this would have caused quite a bit of flying debris and been more costly. Brushing and ditching were accomplished at the same time. It's apparent that there was some form of miscommunication on how far this step was to be taken. The budget went over $6,000 so things weren't stopped in mid - ditch. We got what we paid for. Brechan aimed on saving the board and property owners money with the shorter culverts that were placed in the driveways. As a gesture of good faith, Brechan has offered to replace them with longer culvert at their cost. Also catch basins and 3 inch gravel as head walls are to be added. The dirt pile that was removed from the bottom of Three Sisters was not a spur of the moment things and will be replaced upon the asking. The board questioned Brechan about using burlap bags as an erosion deterrent. This is very costly and will not let anything grow unless it is reseeded. At this time, there are no plans to reseed. Perhaps it will take longer than expected, but everything should grow back. And this would defeat the purpose of brushing. Review - Issue of Road Service Contract- Steve Dehart of B &R Fish called Bruce at 6:30 p.m. July 5, 2005 and withdrew his contract bid. He stated that he probably will not be at the meeting. Bruce who is a close neighbor said he recognized his voice to be Steve Dehart and would go to his house later to get it in writing. Darlene advises the board to proceed with caution that the only other contractor who has bided could very well pull out. She asked to accept a motion to discussion and not to allow any contractors to speak unless directed by the board. Bruce makes motion to accept discussion. Chaz seconds motion. Dave - Road construction and road improvement are closely. And the communication problems didn't help that fact. The board and the residents learned a lot. This was the most efficient method and a good response for the money we spent. Any other contractor with the same amount of money and we could still be waiting. Chaz - I am disappointed that B &R Fish pulled out. But look at his equipment, man power and expertise. We're all neighbors working for the same end. Here on the Island we have extremely limited resources. I invite you to give us an alternative. This is not a negative toward our only contract bidder. I am really receptive to any input that's realistic. The positive is that do have a contractor that historically has served us well. Bruce - I have dealt with snow and ice for twenty years with the State. Conditions can go from poor to bad in 5 minutes. We can't expect them to be there in a moments notice. It has turned bad so fast that I wouldn't have sanded without blades going first. And drainage right now is our most important issue. Without drainage we don't have enough money for all the sand that we would need. Drew - I have heard what Bell's Flat's district thought of Dehart's operation. And I would like to see more residents become more pro- active. The smaller and simpler level of improvement can lead up to the big picture. These are the bigger issues. Everything needs to be brought up to par so that it can just be a maintenance issue. Brechan has had a working relationship with us in the past. And the fact that they are trying to work with us goes a long way in my book. Role Call Vote to Award of MBRSD's contract for road service F/Y 2006/2007; Darlene - Yes, Chaz - Yes, Dave - Yes, Bruce - Yes, Drew - Yes. Brechan has been awarded MBRSD's contract for road service F/Y 2006/2007. V. New Business Post Master Mailboxes Consideration of a 16 unit post office box to be place on top of each road or where units are spoken for. We are entertaining the thought of people interested in a one time fee for a box. This would include a joint, separate box for out going mail. The unit is $1225 and $75 for the pedestal. Also, it is possible that a contractor could install it for a nominal fee. A brochure was passed around to see who's interested. We should talk about locations and garbage contractors working around it in the future. Meeting Notification To save money, sending out letters will be used for the notification of the bigger projects. From now on public meetings will be advertised in the newspaper, on all three local radio stations, and on a large sign that has been built to stand on the beginning of our district. VI. Board Comments Darlene - This is the best attendance in the last two months. For six year's I have been on and off the board. Two meeting we have sent letters out because issues were coming up and a few people showed up. The realistic approach is that the community elects the board and washes their hands of it. The board's phone numbers are not secret. And we listen to what is asked of us. Really without input it's hard to make a decision. Pam made the suggestion of putting a sign out and we roll with the good ideas. The committee that advises the board is to work of the five year plan. We need more community involvement. We will consider every suggestion. And if you don't like our decisions, I challenge you to become a board member. I won with the most votes ever at 14 votes. Not very many people like to do it. I would love to hear someone else take on the reasonability. Honestly, the stress is not worth it. It's true we need better roads and engineers with detail plans to fix it. Then the public is offended for cutting back salmon berry brushes for drainage so that the road doesn't rut away. Private drive ways are draining into rut in the road and people are driving on the wrong side of the road. We don't want that. Work with us, not against us. Bruce has more road service experience than most and we are all working hard for you. We appreciate each and everyone who shows up for our meetings. Stay with us in our struggle to get up to Borough Code. Presently, we are working on drainage and culverts. We still have pot holes to contend with. Honestly, we will be lucky to get the potential problem better in five years. Brechan answered the question that we wanted hear. Now we have heard both sides of the story. What was done was direction of the board and not a whim. When we need road service it usually means that we needed them 15 minutes ago. We are an immediate gratification society. Bruce goes to work at 4 a.m. and he calls me. Roads can change for the worst in a few hours. I have been a 13 year resident and never had a studs or chain issue. Not all visitors have cautious driving skills. Brushing and ditching was done in safest and most cost effective manner. We no longer have any alders growing in our ditches. From the beginning of this contract we had a board member acting as a manager. Unfortunately the road is shifted and 2:1 grade at some points are not attainable. Because of the culverts put in, water is not washing the road out. Catch basins should help with the erosion. We are not reseeding. Brechan didn't do anything on their own authority. The six thousand that we went over would have been spent with July's contractors. Kids could fall off any piles of gravel left on top of Marmot and the board will not take that responsibility. Bruce - I am not going to apologize for trying to make the roads better. The contractor does what he is asked and he has no ideas what is left. We call him out. Drew - Simple things can make a difference. It's nice to see everyone on the same page with common goals rather than back tracking and retracing foot paths. The work that has been done leads up to the major problems with our district. Which are, in my opinion, at the bottom of the roads and on top of Marmot. Mountain View got some real good attention last year, but Marmot has received very little. Look around and see what we can do together. Feel free to call on anyone of us at appropriate times. Chaz - As drainage improves so does the qualities of our roads. We all need to address the problems. Input is wonderful in achieving good communication. Biggest bang for the bucks. Dave - Thanks for everyone giving up another beautiful Kodiak evening. The roads need to get up to decent standards so maintenances will be cheaper. With everyone working together, I'm confident we can do it. VII. Adjournment - 9:30 pm r : / 4, D rlene Tner, MBRSD Chairman Andrew DeVries, MBRSD Secretary Darlene Turner - Chaz Glagolich - Dave Sundberg - Bruce McNeil - Andrew DeVries - Monashka Bay Service Area Board Members diturner@ptialaska.net ph. 486 -6390 chazman( ptialaska.net ph. 486 -6930 dmi577(agci.net ph. 486 -5327 bruce mcneiI(dot.state.ak.us ph. 487 -4952 andrewdevries520hotmail.com ph. 486 -1422 Monashka Bay Service Area Public Meeting at Bayside Fi Meeting Minutes October 6 L C i I. Call to order - 7:01 p.m. II. III. Roll Call - Darlene Turner, Chaz Glagoli , BOROU DeVries. Minutes - Chaz makes motion to approve minutes from July 5, 2005's meeting. Dave seconds motion. Motion approved unanimously. IV. Public Comment — Judy Dowell - The grader came down Three Sisters the other day and didn't hit Forest Drive. It seemed like they needed to lower the blade a little more. V. Old Business — The Post Office Boxes Issue needs more leg work in order to come up with a resolution. Possibly we could push the planning toward next spring. The Road Maintenance Contract was awarded to Brechan. Recently they have finished with their asphalt jobs and can concentrate primarily on the first part of Marmot and replacing three culvert and catch basins. We have approximately $16,000 put aside for projects other than maintenance this year. This is a five year project to make the roads up to Borough Code. We have raised the Mill Rate a quarter of a percent to accomplish this project. For the rest of this year we plan to concentrate from the top of Marmot to just past Ridge Circle. Advisory Committee shall be set up for specific projects. We encourage as much participation as possible — the more help the better. VI. New Business — Fiber Optics Cable -Bud Cassidy, Head Borough Engineering, was brought in to give us as many details as possible. Kenai Cable Company and Old Harbor Native Association plan to lay Fiber Optic Cables from the Kenai Peninsula to Kodiak Island, starting some time next spring. The first land fall should be next to the McFarlin's house at the beach on the bottom of Three Sisters. Land fall is slated for three times. More land falls are to be attempted on Mill Bay and Narrow Cape. The Company's at this time are applying for permits for a four foot subterranean cable lay on land. Bud Cassidy has warned us from putting it in the way of our projects. The concept phase has been approved through the Borough. Now they are involved with the contractual phase and getting permits through the State of AK. Not a lot of specifics are available at this time. 1 Moneys for Marmot Road reconstruction is possibly available through Federal CIP program. This would definitely help to mitigate the organic base materials. The Pond Enhancement Project is one of our largest concerns in our district. We are lucky that Tom Lance of the US Department of Agriculture lives among us. He recommends getting permission from everyone wishing to be involved and having some engineers look at some of our options. Of course all three land owners who own a portion of the pond - and because it's a wet land issue - the Army Corps of Engineer will have to play a key role. There is money available for projects like this caliber. Mr. Lance warns that most of the time, it's a matter of time and patience. Chaz makes motion to form a Working Committee specifically oriented toward Three Sisters Pond Enhancement Project. Dave seconds motion. Motion passes unanimously. VII. Board Comments — Andrew - Our residents in our district play very important roles in Kodiak's community Serving on this board, we have a huge responsibility toward everyone. Darlene — Thanks to everyone for your attendance. VIII. Adjournment - 8:15 p.m. arlene Turner, MBRSD Chairman Andrew DeVries, MBRSD Secretary Monashka Bay Service Area Board Members Darlene Turner — djturner@ptialaska.net Chaz Glagolich — chazman(alptialaska.net Dave Sundberg — dmj 577(a)gci.net Bruce McNeil — bruce mcneil(wdot.state.ak.us Andrew DeVries — andrewdevries52(cjr)hotmail.com ph. 486 -6390 ph. 486 -6930 ph. 486 -5327 ph. 487 -4952 ph. 486 -1422 2 MONASHKA BAY SERVICE AREA Public Meeting at Bayside Fire Station Meeting Minutes March 28, 2006 I. Call to order — 19:29 11. Roll Call — Darlene Turner, Chaz Glagolich, Dave Sundberg, Bruce McNeil, Andrew DeVries 111. Minutes - None E C f_J34 JUN ; 2007 BOROUGH CLERK'S OFFICE IV. Public Comments — Judy and John Dowell stated that the plow trucks are missing Monashka Way. V. Old Business — We are continuing with projects started last year with this year's focus on Marmott Drive. Moderately used guard rails and posts have been graciously been donated by DOT. They are scheduled for installation by Brechan this Spring. A large black fender on Spruce Circle is still impeding road maintenance. The owner will be contacted and asked to remove it from the Borough right of way. Options discussed by the board are; 1: lift it up higher onto their property. 2: haul it off to the dump. 3: open talks with the City to use it at the Oscar Dyson Dock. VI. New Business -FY 07 Budget; Personal Services has been increased to $600 from $400. $1130 was actually spent 2005 due to letters being mailed among other things. We expected better turnouts for the dollars spent. Furthermore, as a better alternative to announcing meetings, we shall budget $50 towards a road to be built and place on state land at the top of Three Sisters. Employee Benefits shall stay the same at $115. This is Jessica's, at the Borough, prorated salary from our District. Service District Maintenance shall be increased to $15,000 from $12,000. As of 3/12/06, we have spent $13,322 and estimate that one more plowing would put us up to $15K. So far money has been taken out of repairs from last fall. To date $9,000 has been used and the rest of the $20,000 shall be spent before the end of June. This will be mainly used on catch basins, grading and ditching. Ditching and grading shall be reduced from $10,000 to $7,000. Currently we have spent $4,000. We have plans for the recurring potholes this spring, which include clawing, dragging and compacting. In support goods and services, office supplies shall stay at $100, while insurance and bonding will be reduced from $200 to $100. We are required to advertise in the newspaper and this shall stay at $100. Contingencies will be reduced to $50, which bring the "support to go" total to $350 and the expense total to $43,015.00. This is one year's operating budget. To receive $5,000 of more funding property taxes were raised 1 /4 mil this last year. In order for us to stop dipping into our fund balance we are faced with two options. Raise the mil rate another 3 /4 mil or request a new property assessment. Basically, we are spending more than we are taking in and one bad year could put us below the red. Approximately ten years ago the mil rate was lowered one mil before raising it a quarter mil last year. By doing the prudent thing and raising the mil rate 3 /4 mil, this would be the lesser of two evils. On the other hand this would bring us close to, if not more, than the biggest mil rate on the island. Although we definitely would have the biggest operating budget. We desperately need to stick to the plan and stop putting band aids on the trouble spots. The fund balance is not designed to be a savings account, but more there in case of emergencies. For an example, when a diverted culvert started to wash out Three Sister last year. Without a fund balance, we are not able to act as quickly as needed. A bad winter or an earthquake could easily bring us down to the red. Bruce proposes to raise the 3 /4 mil rate with the provision that the fund balance contain a minimum of one year's operating budget and a maximum of two year's operating budget. Chaz seconds proposal. Most likely it's not a case of if all of our houses are going to be reassessed, but when. Presently they are on the other end of town moving this way. Proposal passes unanimously. Election of officers; Officers have been elected to be the same positions as last year. Darlene Chair, David Vice - Chair, Drew Sec/Treas Budget FY2007 Personal Services $600 Employee Binifits $225 Service District Maint Snow removal /sanding 15,000 Repairs /maintenance 20,000 Grading /ditching 7,000 Support Goods and Services Office Supplies 100 Insurance and Bonding 100 Advertising 100 Notice Sign 50 Total $43,175.00 Mill Increase 3/4 VII. Board Comments - Bruce: we need to stay on schedule, and keep Brechan accountable. Chaz: encourages everyone to look at our options when considering the mil rate increase. The general consensus is that it is the lesser of two evils. Andrew: thanks everyone for the public support. We already pay enough, but there is no other way. Every dollar needs to be the best bang for our buck. Dave: agrees that it's for the best to raise the mil rate and this shall be revisited yearly. Darlene: we appreciate everyone for showing up. We are profoundly here for you and ultimately have good intentions for our neighbor hood. Feel free to call on us at appropriate hours to convey your concerns or compliments. You can expect us to be knocking on doors when spring projects come up that are affecting your block. VIII. Adjournment - 20:29 President D lene Turner Ii Date ,- Sec.TTres Andrew DeVries Date I. Call to order II. Roll Call III. Minutes Monashka Bay Service Area Work Session Regular Meeting at Bay Side Fire Station Agenda March 2: 2006 IV. Public Comments V. Old Business VI New Business FY 05 Budget Election of Officers VII. Board Comments VIII. Adjournment Monashka Bay Road Service Area Work Session @ Borough Conference R February 28, 2007 Meeting Started: 7:00 p.m. Roll Call: All present, Drew arrived at 7:40 (expected late Minutes: none rriv --_ BOROUGH CLERK'S OEEtCE Public Comments: Pat Jacobson is concerned on the same area as last meeting; Marmot is too narrow at her driveway and appears dangerous, by not having room for two cars to pass. Sandy Solenberger voiced the same concerns about the same area around Dave Sundberg's place/ Pat's driveway, where the new guard rail was put in. Tom Lance discussed a holding pond to address the silt build up issue on the bottom of Three Sisters. He has agreed to bring more solutions to next meeting. Andy Dano suggested we help conquer the yearly pot hole issue by using the ripper or forks behind the larger Bulldozer, then fill and roll. Old Business: none New Business: A. Road Signs: Two speed signs are needed on Three Sisters and Marmot, and one speed sign needed on Mountain View. Also Children Playing signs need to be placed with the speed signs. Replace missing road signs on Marmot and Three Sisters. B. Road Maintenance Work Plan 2007: We discussed placing a culvert in the ditch on Marmot, in front of Dave Sundberg's house, and filling the ditch where the road is narrow, to widen Marmot at that point. The culvert at the top of Mountain View may need to be replaced with a larger culvert to facilitate more water/ runoff; cost for new culvert would be shared by the four residents at that location. MBRSD plans to continue work on Marmot this year. The corner of Marmot and Harbor Way also needs a culvert to fix drainage on driveways there. The 2006 Budget was $20,000 for Road Maintenance Work and we recommend the same for this coming years Budget. This year with total revenues and expenditures, we should have sufficient funds. Goals include: finish culverts and ditching on Marmot, cleaning ditches of D -1 in the SVS District and place on Road Service Property for residential use only. MBRSD needs to discuss ditch material being available to residents as fill either by "call list" or first come... C. Amend Budget for Snow Removal FY 07: December's record snowfall has caused us to move $10,000 from the Fund Balance to finish off April's and possibly May's foul weather. Bills for Feb. are not yet in, but this should get us where we should be. Just like any budgeted items, when there is a positive balance at the end of the year, it reverts back to our Fund Balance. This will be voted on March 7, 2007 at the Regular meeting @ Bayside. D. Budget FY 2008: (See Attachments) FY 06 ends June 30 The Fund Balance is currently $57,225.02. The Board concurs on past votes of trying to keep a Fund Balance of two times the Operational Funds. This is past practice with most Road Services for preparedness for emergencies /catastrophic disasters. Our current Ops Budget to date is $43,075. Within the past two years the Mil Rate has been raised to 2.5 mils to keep up with road maintenance costs and to get roads up to Borough Codes. More than likely, once the Borough Assessor catches up with us, Property Tax should go up and once again the Mil Rate will go down (as it did 8 years ago when there were sufficient funds.) Board Comments: Dave Sundberq states that we will address the issues on Marmot and looks forward to putting in speed bumps to replace the frozen pot holes now in existence. Also the final grading on Marmot was not done before freezing up due to ongoing projects. Darlene Turner invited everyone living in this service district to a joint Fourth of July Party hosted by the Eufemio Family and Darlene Turner. This great event should take place at her house. Randy Spivey asked who is second in charge and any of the Board members could call Louie or Bob Hail of Brechan if Darlene is unavailable. Chaz Glagolich feels strongly that the Borough needs to step in to help fix Marmot correctly. Whether it goes on the CIP or they take time and funds to hand over the Road to us in much better condition. This needs to be addressed with them so that it doesn't dispose of more of our funds. Drew DeVries plans to bring a map of our area to March 7 meeting to help assign tasks for Spring Maintenances. Hopefully, bills will be sent out soon for the installment of past residential culverts. Public access easement at the end of Three Sisters should be looked at again. Possibly, if keys to storm gates were available, this could help with residents and emergencies. Also a huge thanks needs to go to Darlene for the great job done so far on the roads this year. Adjournment: 8:49 p.m. Darlene Turner Drew DeVries , //a ate 3/7 Board President Date Secretary/ Treasurer Meeting Started: 7:00 p.m. Public Comments: none Monashka Bay Road Service Bayside Fire Hall March 7, 2007 - t - fu ECEVEu JUN BOROUGH C►...LRK'S OFFICE Roll Call: Randy Spivey, Dave Sundberg, Chaz Glagolich, Darlene Turner, and Drew DeVries are all present. Minutes: Randy makes motion to approve Feb. 28, 2007 minutes. Chaz seconds motion. Approved motion unanimously. Old Business: Holding Pond on Three Sisters — Tom Lance had planned on making a presentation of different solutions, but was unable to attend. This will be tabled until next meeting New Business: a. Budget FY 2008: Chaz makes motion to approve Budget for FY 2008. Randy seconds. Approved unanimously. b. Assignment of Spring Tasks: It was agreed upon that instead of dividing these tasks into individual jobs, we would like to visit recurring problem areas and discover new ones together this spring. The walk -about is planned for the end of April or first part of May depending on weather. c. Road Maintenance Work Plan 2007: We are proceeding with the plan that is in place, which includes moving further down Marmot, the bottom of Three Sisters and the top of Mountain View. The top of Mountain View needs a larger culvert put in. The expense will be shared between the four property owners and the Service District. d. Road Signs: We are looking at buying five speed limit signs and five "Children at Play" signs and are waiting for a call back from the sign company. Each sign runs around twenty dollars and we should look into prices and acquiring the post/fittings for attachments. e. Amend Budget for Snow Removal FY 07: Dave makes motion to move ten thousand dollars from the fund balance to the Road Maintenance Budget to counteract the extensive snow removal for FY 07. Chaz seconds. Passes unanimously. 1 f. CIP list: The Borough Engineer, Bud, recommends the next step is to dig test holes with an engineer of our hire and get an estimate. Board Comments: Dave Sundberg states that he would like to see more than one contractor bid for MBRSD needs. Darlene Turner said that if there is any problem she would hope that residences and Board members would come to her and the rest of the Board. She thanked Bob Foy and the Board for their turn out and suggested everyone take a look at the Borough Web Page. Randy Spivey asked that residence with problems or suggestions, email or write to all Board members and not just one. Chaz Glagolich feels strongly that the Borough needs to do the right thing and looks forward to the Spring Walk Around. Already he has seen some fencing that possibly could be a potential problem with snow removal. Drew DeVries has heard of some overly protective dogs on Marmot and needs to do some more investigation. He is trying diligently to round up last spring's notes and documentation. Adjournment: 7:50 p.m. Darlene Turner Date /// D 7 President Mon a Bay Road Service District Drew DeVries' Date s tik Secretary/ Treasurer 2 Meeting Started: 7:02 p.m. Monashka Bay Road Service Ar Bayside Fire Station May 3, 2007 Roll Call: All present - Randy Spivey, Dave Sundberg, Chaz Gl and Drew DeVries BOROUGH CLERK'S OFFICE Minutes: Randy Spivey makes motion to,accept minutes for March 7, 2007 minutes. Chaz seconds motion. Approved unanimously. Public Comments: Louise Stutes request all past minutes because she remembers the first time the pond was dredge without any approval of any property owners and Bud Cassidy clearly stated that nothing else would happen without approval of all pond owners. Furthermore she wrote a certified letter stating that she didn't want Borough Employees or Road Service Board members on her property without written consent. Now she's here because stuff been dump into our pond. Her and her husband, Stormy, are hoping that this is the last time. She is concern about Service District Rates that went up. She would like it on record that as soon as everyone's property is re- assessed, the rates would go down. Judy Dowell believes gravel was put into the pond on her side. She has spend time removing debris that she put there and since roped it off and plans to put a string across the water. She states that she will call the police if she sees anyone on her property. Jim McCullough request that there are public comments again before the end of the meeting. He would like to see our tax dollars spent more wisely. He finds it senseless to dump material into our pond only to have to dredge /dig it out. Army Corp of Engineers has not declared that a "wet land ", but he thinks it's pretty obvious to everyone that it is. You see it time and time again that people are filling in wet lands. You need to set a higher standard for yourself and your government and you can't go filling in "wet lands ". For an individual it's not appropriate and for an agency it's not appropriate. Andy Dano would like to extend his congratulations to Brechan for their near prefect score of hitting close to all the culverts on Three Sister's. What are they going to do to repair this damage and is it going to cost us anything? Bruce McNeil as the third owner of the pond he feels that he probably has some fault into what went in there. Darlene called him up and told him about the miscommunication with the contractor. At that time he felt that the ice was on his property would become a bigger issue when it leached across the road. And he said to push it in the pond, thinking that it was only ice and not a gravel mix. When he got home and saw it, he knew better and he knew that Brechan knew better. It happened and we can correct it. He doesn't want to get into a pissing match and throw a line down or fence. Nobody's trying to fill our pond in. It happened and it's correctable. 1 Old Business: a. Pond Report Three Sisters Way — by Tom Lance: A few years ago Tom approached the Board, not only as a resident but also as a (past) employee of the USDA Natural Resources Conservations, to do a study on our pond and formulate possible solutions to issues concerning water quality and maintenance of the roads. (Report Attached) Sediments are the most significant pollutants. The pond acts as a settling basin and filtration system before runoff water can make its way to the ocean. Storage capacity of the pond diminishes with the accumulation of the sediment. This could lead to localized flooding, extensive road repairs and loss of emergency access if flood capacity is choked off. Board members are challenged with servicing and maintaining Service District Roads without impact to private land owner and resources. Such as water quality and wild land habitat. Maintaining an aesthetically pleasing and healthy watershed ensures the safety and well being of our families, and helps protect the financial values of our homes. Also, the pond functions as home for wild and domestic critters. The pond provides flood water storage and ground water recharge to the local net. Should this be a concern of the Road District? It's on private land. Safety concerns are minor but still a concern. Residential density is not sufficient to generate a tax base for pavement of all roads that could reduce sediment into the pond. Management solutions include working with the Army Corp, Kodiak Soil & Water Conservation and seeking out Grants from EPA, USDA, Fish and Wildlife Service and possibly state funds, and working with the land owners to build flood cells like Potato Patch Lake. Ultimately the goal is to reduce maintenance cost to service district without raising taxes and have a healthy pond. Randy makes motion to add this report to the meeting minutes. Dave seconds motion. Motion Approved Unanimously. A copy of this report will be placed on the web site along with the minutes of this meeting. b. Road Signs — Darlene is working on purchasing road signs for the service district. Two companies in Anchorage have been identified (Wanting Lights and AK Signs). Five Speed Limit signs and five Children Playing sign are needed. Bruce will provide the State Codes on the signs and Darlene will act as soon as possible. New Business: A. Road Maintenance Contract — We only had one bidder (TCMK) for 2007 - 2008. Randy makes motion to accept bid because we only had one bid. Dave seconds motion. Discussion TCMK is a smaller operation by Kevin Arndt. Questions asked: Do they need the actual equipment to make a bid on this and are they doing it the right way? Can he handle the load? And Bayview is $10 to $15 cheaper for a half a mile drive. What are their priorities? Why did Brechan choose not to bid? We don't know TCMK's work and we have quite a few emergency response personal living in our area. How do we ensure that the response time will be acceptable? 2 Could we not vote on this and go out to bid again? Can we meet the contractor? Does this have to be decided tonight? Turner - It has to be voted on by the middle of the month... Could they (the Borough) open up a new RFP? Turner - The out come would not be any different. Could we convey our concerns to the Borough and the Contractor? Can Kevin meet with the Board to answer some questions on potential response issues? End of discussion. Roll Call Vote: Randy — accept motion, Chaz- no, Dave -no, more info needed, Drew -no, Darlene- accept motion. Motion fails. B. Assignment of Spring Task Last meetings minutes we agreed that we will walk around together and review the projects on Friday, May 11 at 5:30. We will be starting at the top of Three Sister's. All residents are invited. Contact Kevin Arndt and see if he would like to do the walk around with us and review our Engineer Report. C. Army Corp Letter Dated 4 -25 -07 (attached) A copy has been supplied to the Borough Attorney and Borough Manager, Bud Cassidy, and the Board. This is now open for discussion. What is the Army Corp's jurisdiction? What is the Army Corp's jurisdiction over the land owner's jurisdiction? Is it considered a "wet land "? (You have wild life so there is an assumption it is even though it is not designated so on the map.) Turner - We need to comply and remove the material by May 15 and put this one to rest. We concur with the Corp's notice and need the land owners to concur also. I am sorry to see that one of the three pond owner has left the meeting. Stutes, we would like to hear what the long term resolution to the pond issue. What would we like to see ultimately happen? We are outside the scope here. And we would like to hear this at a later date. Turner - The question is, are any of the pond owners going to have a problem with us removing the material? Bruce and Mr. and Mrs. Stutes have agreed to let the material be removed. And Mrs. Dowell needs to be contacted and the MBRSD needs to responsive to her needs. Randy - motion to comply with the Army Corp of Engineers letter subject to approval of property owners. Chaz — second's motion. Motion passes unanimously. Darlene Turner - Now this is the time for us to talk about what happened with the pond. The MBRSD had two emergencies on Three Sisters Way, one in January and the second in February. Significant flooding cut the road in three different places. The second time the unseasonable cold weather drew ground water 3 feet above the road surface. Brechan 3 started removing the ice and then it started rain. Then it became a true emergency. Brechen was instructed to dump the ice at the corner of Three Sister's and Devil's Prong. Darlene discovered Brechan was dumping the ice on Bruce's property, at the road side of the pond. Brechan was told to stop while Bruce was contacted. Because it would take forever to melt, Bruce asked that the ice be pushed into the pond. Brechan was told to push it into the pond. It was believed the ice was on Bruce's property and no one else's. Bruce was told if there was any gravel we would remove it as soon as the ice melted. Had Darlene known that it would cause so many problems she would of never have given those instruction. Darlene expressed that the Board's interest in the pond is to see it alive and happy. It was never our intent to hurt it or make it go away. Up until this emergency, the board has been responsive to the pond owner's past requests. We can't turn back time we can only correct the problem we created. The Board is trying to solve the issue of dealing with so much silt from road and water run off. Hopefully Tom and others will take this project on. We were going to try to recycle this material, but based on the Corp's letter it would be better to get rid of it completely. The Board should form a committee specifically oriented towards pursuing the resolution of the runoff and the pond issue. Louise and Stormy Stutes, Tom Lance, Chyrel and Bruce McNeil, Darlene Turner are appointed to the committee and Judy Dowell will be asked to join the committee. Donna Jones is the contact person for the Kodiak Soil and Water Conservation. Louise is appointed as the Chair of the committee. D. Road Paving — Research suggest the paved roads are not as bad as people think. The silt issue would definitely be reduced. It would be possible to do a partial pave in the worst pot hole areas. Of course it would require more funds and a solid base. E. Quarterly Meeting Schedule- The letter we received from the Borough requires quarterly schedules. So far, we have met this year in February, March, and May. We also plan to meet July 19 and Sept 27 And a work session (walk around) is scheduled for May 11 @ 5:30. Public Comment: Andy Dano explains that the pond is not thriving as well as it could be, because of the silt build up. But it is not dead. It still has a pulse and need a shot in the arm. Louise Stutes states that this is just an issue and not a personal thing. Just like everyone gets upset. There is a silver lining. And she and her husband come to the board with a wealth of information. Stormy Stutes says that one of his crew members ran a cat down Marmot and couldn't get the road through there. So they came down Three Sister's and the day they put that road in there is the day the pond started silting up. The other pond is more of a stagnate pond and might have something to do with the lily pads. The rock and shale naturally dam up the pond due to winter storms. And we are on the right track to do something. He 4 thanked Tom for the study that he did. Where would you put a flood cell (on Darlene's property)? Jim McCullough stated that the Kodiak Soil and Water Conservationist is an excellent resource. Alternative dump sites should be looked into, so we don't have to deal with the same material. This is going to happen again. Bruce McNeil stated he would like to help with this new committee and clarifies that no one was trying to go around anyone. He admits that he should have been more social and walked across the dike a few more times. Jascha Zbitnoff stated it was Mike Martin's call to down size the snow removal crew and equipment. It was a very costly winter season on equipment especially. He plans to get together with Darlene on fixing the squashed culverts and recommend markers up bank that show their beginnings and ends of the culvert. It was bad enough that Devil's Prong flipped one of Brechan's graders. And the snow and ice build up was worse than we have seen it in a long time. Board Comments: Drew DeVries stated that it is great to have all of the public input. With all of the diversity in our district we can accomplish quite a bit together. The secretary's job is something that he has strives to do well. And when minutes go missing it's a thankless job. We have proven several times that we can't just let contractor loose on our roads. Someone (Board Members or volunteers) need to be there helping them. How else can we get exactly what we want? We messed up with the pond issue and need to move forward. Furthermore, the Board had all intentions of using the Army Corp's expertise in favor of getting things done right. At this point we all feel blind -sided by the complaint to the Corp. This new bidder needs to show up and show some interest. A firm hand shake goes a long way. Randy Spivey admits that he called the Army Corp of Engineer and asked one question. Is the pond was a "wet land "? He doesn't feel any remorse and would do it again. He is concerned about the vehicles that are park at the top of the road on the bad winter days. Dave Sunberg would like to thank everyone who showed up, especially the pond owners. And thanked Brechan and said that they did good job. Chaz Glagolich thanked Louise for taking the chair position of the pond committee. He wants to stick to the 3 to 5 year plan. And he looks forward to the Spring Walk around. He encourages everyone to be part of the solution. Darlene Turner thanked everyone for their attendance. She especially thanked Jascha and Brechen for the hard work and reliability that they have shown us. Darlene said she was sorry for our mistakes and that the Board had the best interest of the home owners in mind when making decisions. She invited everyone living in this service district to her and the Eufemio's joint (4t Seventh of July Party at her place. Adjournment: 8:49 p.m. klita/4i/- D ene Turner Date President I Ionashka Bay Road Service Area lk Drew DeVries Secretary/ Treasurer Date 5 Monashka Bay Service Area Work Session Work Session at Borough Conference Room Agenda February 28, 2007 I. Call to order II. Roll Call III. Minutes IV. Public Comments V. Old Business VI. New Business Summary VII. Board Comments Vlll. Adjournment A. Road Signs B. Road Maintenance Work Plan 2007 C. Amend Budget for Snow Removal FY 07 D. Review Strategic Plan - Program Budget E. Budget FY 2008 Regular Meeting to Approve Budget March 7, 2007 at 7:00 P.M. at Bay Side Fire Station Meeting Started: 7:03 p.m. Monashka Bay Road Service Area Bayside Fire Hall Special Meeting - May 17, 2007 7:00 p.m. ECEJ1WEB u u� JUL 1 8 �� JUL 1 g 2007 BOROUGH CLERKS OFFICE Roll Call: Randy Spivey, Dave Sundberg, Chaz Glagolich, Darlene Turner, and Drew DeVries Minutes: Randy makes motion to approve May 3, 2007 minutes. Dave seconds Minutes were approved unanimously. Public Comments: none Old Business: Road Maintenance Contract — Kevin Arndt owner of TC/MK was present to answer questions. Some questions that arose in our discussion were: • Can they handle the work load? They currently have Bayview, Women's Bay, Horizons and Facilities (school, Borough Facilities and KFRC). They own 6 trackhoes, 3 graders, 1 Sander (with two more on the way), and 3 loaders. Kevin suggested that we talk to Bud about their track record. Currently Bud has scheduled an automatic call out, once snow hits two on Borough Facilities' property. Their work force includes five guys that strictly wait for winter work. We estimate 3.5-4 hours to deal with average snow fall on all three main roads and their side roads in our district. Kevin assured us that he has good knowledge on our roads and has worked on all the roads with AK. • The Money Issue — Bayview is $10 -15 cheaper for a half mile difference on many services. For an example - 156 grader $10, 155 grader $5, 63 backhoe $5, drum 10 -12 cycle end dump $20. Kevin said that there should be no difference and TC/MK is considerably less than Brechan. He owns all the equipment needed except he would rent a double drum roller and load boy for loading equipment if needed. This is a two year contract and he sees us building a relationship for a long term commitment. This is not just a stepping stone for TC /MK. And he would foresee them bidding again. Kevin assures us that he would be the supervisor on scene and if needed. The contract states that if they can't perform the work within 2 days on a non emergency and 2 hours on an emergency, then we could hire someone else. Kevin stated that they have knowable force and are known for their quality work. 1 Chaz - motion: With Kevin's verbal assurance that the disparities with pricing, as submitted, between Monashka Bay and Bay View is resolved with Bud Cassidy, He moves to accept the contract with TC/MK for FY 2007/2008 contract. Dave seconds motion. No discussion. Roll call vote - Randy -aye, Dave -aye, Chaz -aye, Darlene -aye, Drew -aye. Motion carries unanimously. Board Comments: Dave Sundberg - Look forward to working with Kevin. He has done an excellent job with Horizon's. Darlene Turner — Look forward to working with Kevin. Concerned about the raising water table at the bottom of Three Sisters and the damage it is doing to her property. Randy Spivey - Look forward to working with a smaller company. Like what he said, he will look at the issue and come up with a solution. He is being paid to solve the problems. Chaz Glagolich - Kevin needs to get with Bud ASAP and resolve the pricing issue. We have a verbal assurance and need one to be in writing. We would like to see a drive around and referencing difference project reflecting the Board's walk around. This should take place after Crab Fest Weekend and after verbal assurance that Kevin gets together with Bud to resolve contract issues. Drew DeVries - Look forward to working with Kevin, a different contractor on our road. We should contact him this weekend. Possibly start on the top of Mountain View and ditching getting ready for winter. We could really tackle the big projects we have. This is what he said to us - give him a little leeway. So this is on our shoulders. We all saw what needed to be done on our walk around. But maybe this list is something we should prioritize. We would like to see a drive around with the contractor and possibly an engineer and get ideas on solutions. Let do some homework and get a copy of the contract that was put out. Then we need to turn minutes in and declare up coming quarterly meeting schedule. Recently we got a pat on the back for good job we did this winter (especially, Darlene). This was the nastiest winter that we have seen for a long time. We didn't lose any cars off the road and my neighbor drove Three Sister's with front wheel drive and all year tires with no help from me. Adjournment: 7:46 p.m. 1 eneT �- Presiden AL Date nashka Bay Road Service Area Secretary/ Treasurer 2 Notes from the Walk Around Monashka Bay Rd and Mt. View - needs to be filled Cut alder back behind mail boxes at stop sign Dig out ditch from mail boxes to first driveway 1434 — culvert over 25 feet needs clean -out Ditch or bank south side of Mt. View for runoff New culvert for top of Mt. View (this Year) Meet with owner of 1353 Mt. View about fence — snow removal issue Three Sisters Need to find out who owns the dumpster lot — place for mailboxes? Half round for culvert that goes under road, needs to be 24" culvert Settling pond needs to be filled in a bit — it's too deep. 1769 needs catch basin F WE uth JUN i 3 2007 BOROUGH CLERK'S OFFICE 1850 Pederson's culverts from pond needs to be cleaned out so water does not run down side of driveway Devils Prong — sign needs replaced Replace culvert under driveway with largest available Street sign for Forest Drive and Monashka Way Marmot Drive Cul -de -sac at end needs a drainage ditch with culverts 2071 Culvert crushed — not deep enough, needs to be replaced (might ditch towards the cul -de -sac instead of corner) Charlie Davidson's property standing water dammed off from culvert and drainage needs to be fixed Cliff Davidson's needs to move vehicle that is in right -of -way DMM104 CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING —JUNE 12, 2007 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:05 p.m. by COMMITTEE MEMBER SALTONSTALL on June 12, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members Present Excused Absent Others Present - ___ — - - - -- + - -- = - f -- - -- --+- - - -- +- - -- — — Mike Sirofchuck -Chair i X 1 ! Bud Cassidy — _ — X - I CommuniV Development Dept. Duane Dvorak I Community Development Dept. i Sheila Smith ---t Community Development D t. ■ 1 Pam Foreman Hans Tschersich j X Kevin Foster X Jeff Huntley X — Patrick Saltonstall i X Any Schroeder Cassandra Juenger X III. APPROVAL OF AGENDA A quorum was established. COMMITTEE MEMBER HUNTLEY MOVED TO EXCUSE MEMBERS SIROFCHUCK, FOREMAN, and DEMI. The motion was SECONDED by COMMITTEE MEMBER TSCHERSICH, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER FOSTER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING A discussion regarding discrepancies of what was said at the previous meeting in the minutes. COMMITTEE MEMBER FOSTER MOVED TO POSTPONE the minutes of regular meeting of May 22, 2007 until the scheduled meeting of June 26, 2006. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and it CARRIED by unanimous voice vote. 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 1 of 6 -Biressel P�� ,�3- i ¢ 5 a4 . e e .i t�' `i ,4 x s? L �4zry, x• "� ;. ,N F xs " S1 i C e �e ' r * ✓ � x ^� r� L � 4z. �w 'ari^',r � 3 Y z. ��'°�� 4� {�� .�� #" ' ,^ 'YS 22 bi4 X „ L ^M1^i, w" i{ ^ F 4 'M1:. { 'ti R p.,n.1 ✓^ d .}y Yo-. ! - i�3 3, L t�'� - °l; ^�+ �+.k I CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING —JUNE 12, 2007 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:05 p.m. by COMMITTEE MEMBER SALTONSTALL on June 12, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members Present Excused Absent Others Present - ___ — - - - -- + - -- = - f -- - -- --+- - - -- +- - -- — — Mike Sirofchuck -Chair i X 1 ! Bud Cassidy — _ — X - I CommuniV Development Dept. Duane Dvorak I Community Development Dept. i Sheila Smith ---t Community Development D t. ■ 1 Pam Foreman Hans Tschersich j X Kevin Foster X Jeff Huntley X — Patrick Saltonstall i X Any Schroeder Cassandra Juenger X III. APPROVAL OF AGENDA A quorum was established. COMMITTEE MEMBER HUNTLEY MOVED TO EXCUSE MEMBERS SIROFCHUCK, FOREMAN, and DEMI. The motion was SECONDED by COMMITTEE MEMBER TSCHERSICH, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER FOSTER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING A discussion regarding discrepancies of what was said at the previous meeting in the minutes. COMMITTEE MEMBER FOSTER MOVED TO POSTPONE the minutes of regular meeting of May 22, 2007 until the scheduled meeting of June 26, 2006. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and it CARRIED by unanimous voice vote. 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 1 of 6 AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A. Trails Plan SALTONSTALL stated we are waiting on the Borough. At the last meeting we talked about if we could get it on the budget. Cassidy stated the trails plan was put on hold because of other issues, the Comp Plan specifically. You thought there was money in the budget to continue the trails plan. Dvorak stated there was $10,000 in the budget that staff submitted in the process. He's not clear whether that money is still there or if it was lost in the shuffle. SALTONSTALL said it says in the minutes that there needs to be funding for consultants to write a trails plan. Dvorak said it can't be done by the end of June, so it would have to be next fiscal year. We submitted for the fiscal year 2008. When Finance moved money for junk car removal into Community Development's contracted services, he doesn't know if Finance realized $10,000 of that was for trail planning or if they figured it was all junk car removal. Dvorak said he thinks we can still get the $10,000 because it was earmarked for this trail plan. SALTONSTALL stated we need someone to write the plan, and then have us comment on it. Cassidy stated it is not so simple because it has to be a priority of the Assembly. The Parks & Recreation Committee is an advisory to Planning & Zoning. We need to generate the interest, but if the money is in there that budget doesn't start until July 1 SALTONSTALL said he can bring the outline of the trails plan they did previously. Dvorak stated the reason the trails aren't in the Comp Plan is we got a legal opinion regarding the trail mapping and the issues of trailheads taking off from private property or going across native corporation lands where there aren't any 17B easements. Ian Moore mapped every trail regardless of its status. We discussed whether we could do a disclaimer but the attorney advised not to publish the trail information. It would be a liability if we published a map showing trails crossing someone else's property. Dvorak also said all the trails are in GIS format with the metadata from when Moore mapped over 200 miles of trails. SALTONSTALL said we need to review the outline because it included issues, landowners, and their high priority areas to compare it with the Comp Plan. Dvorak stated the committee can draft a scope of work because any contractual services have to be advertised on a competitive basis, a request for proposals with a scope of work. You have some mapping, a trails survey, and Moore also included some insights that he drew from the data, and you will need someone who has experience with trails, trails planning and use, and who has authored these kinds of products. SCHROEDER stated he and SIROFCHUCK have differing ideas as to what a trails plan is. Is it a guiding document or is it an inventory of our existing trails? 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 2 of 6 FOSTER stated we have the outline that may not need any work. It's all been done; we just need to find all the information to get it back on the table, but the survey we had done is outdated now. FOSTER feels it shouldn't take more than a couple of meetings, and then we will be ready to send something off. Cassidy asked SALTONSTALL to bring in what he has so the department can make copies. HUNTLEY confirmed we have enough to go on. SCHROEDER wants to see the trails inventory. SALTONSTALL stated it is in the survey. All the trails were listed, maps, and then what Moore did covering those trails. SCHROEDER asked if we are going to solidify the dynamic listing of trails. We have to say "this trail exists" in order to give us backing when development comes in and wants to remove it. Cassidy said let's find out what we have. If it's on private land and they want to develop it, just because it's a trail doesn't mean it has any higher authority. Ownership will always trump. SALTONSTALL stated if it's in the Kodiak Trails Plan, and we as a committee state that that trail means a lot to the community, even though it's on someone else's land, we can get the borough to buy it. It's better to have it in the plan than not. HUNTLEY stated we listed trails that borders or touches private land, but we put it on there because it exists. H likes to use the information learned at training as a guide. NEW BUSINESS A. Dark Lake Cassidy stated there are an air photo and a map in your packets. Within that boundary is land the Borough owns and the Assembly is interested in disposing. The Comp Plan listed it as a special planning area because it has special attributes including trails, scenic overlooks, steep slopes, poor soils, and wetlands. Cassidy recommended they take a hike up there to see what all it entails. We can publish something in the paper saying this is the area considered for disposal, and if you have comments come to the meeting. It will take a lot of planning because we are dealing with roads, parks, etc. This is a high priority, planning area. He said the purpose is to identify where the trails and steep slopes are, narrow down where good development areas are, and what areas should be left for public purpose within this boundary. TSCHERSICH will provide his personal trail maps of Russian Ridge and the planning area. SALTONSTALL said they can put TSHCERSICH'S map on the wall to determine where the good hiking and good development areas are. Cassidy stated we have wetlands information and aerial photos in 3 dimension to determine where the steep slopes are. This is just the planning area, so people on Selief Lane will be concerned about the land behind them and Beaver Lake is a big issue. In the process of putting all the attributes together, let's see where the wetlands and steep slopes are, and eventually a pattern will emerge about where lands capable for development appear. There are a number of issues that are a part of the public process. Maybe you would like to hold a public meeting to obtain public input to do a decent planning project for this special area. We may find out very little is 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 3 of 6 developable. We have some survey information from about 1980 but have been told by surveyors there are flaws in it. We have basic information, it's just collating it. HUNTLEY said if we can map these trails and say these are trails that exist to make sure everyone knows that we know they are there. If anything happens, those trails will be recognized as being there. Cassidy stated if anyone is going to lead a hike through there, he will get it on the radio. B. CIP List Dvorak stated the first form is the Project Nomination Form. This form addresses the rationale, the need, does it serve, is it in the plan, and is there funding available. These are the kinds of questions that will help determine how well this kind of project will score, and makes it easier for us to persuade the elected officials to give it a higher priority. Everyone should read this and think about each question. If there is a photograph to help illustrate the need to be met it would help to make a stronger case. Next, is the matrix used the past several years, the 2 to the last column on the right has P &R Committee projects score, and your recommendation. You would review these projects plus any new projects nominated. Once nominated staff would enter them into the matrix, bring it back for the P &R to go through to develop a score, and then see where those projects end up based on their overall merits. The idea is to determine whether a project is needed and feasible. As you look at the last page, it gives the score and criteria. There are 8 categories for the scores. All of the scores are weighted across the board which results in the final score. We often use the CIP List as a tool to get funding thorough legislation. Dvorak also said we got funding for the Island Lake Bridge and other trail improvements, but we didn't get what we asked for. Once we have a project dollar amount then we'll see how much money is left over for other Island Lake Trail improvements. The Mill Bay Beach access is to replace the stairs that were pulled out. If we do replace the beach access it will probably be a handicap accessible ramp. We look at this from year to year to see if the interest is still there. This gives you an opportunity to make adjustments. The last item is the actual list, the resolution that the Assembly adopts each year. They may also change things around a little from year to year. Ranking your projects, in terms of need and feasibility, is your best way of ensuring the highest needs with the highest feasibility works its way to the top. You have until late July to rank your projects. FOSTER stated we already went through it and ranked it. Nothing has changed in what we were looking for. SCHROEDER stated these are all easy projects and easy to quantify. That's why they're on the list. He feels the biggest challenge is improving the quality of life here. How do we, as a committee, view limited powers Borough wide Parks & Recreation in our scope of things? Do we really prioritize trails as 1% of the value of recreation? 10,000 to a 1,000,000 is 1 %. He knows it's hard to put a trail on a CIP List, but are we just not doing it because it's hard to quantify? Why are trails different from roads? SALTONSTALL said it is Capital Improvement. SCHROEDER said there is a bike path extension study on the list. Dvorak stated as a rule, Capital Projects are $50,000 and more. Anything less than that should fall under year to year operations. If you had a number of trails that needed the same kind of 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 4 of 6 improvements that together amounted to more than $50,000 and because they needed the same kind of improvements a single contractor could be hired to do so many lineal feet of trail improvements. Dvorak thinks it could be a CIP project. CIP projects should be a substantial project, perhaps a multi -year, multi -phase project. Anything less than that should be budgeted in a single year. SCHROEDER said let's pretend we had $1,000,000 as a Parks & Recreation Committee. Would we put it all into ball fields or because we have an idea of how we like to recreate, let's be creative to come up with things that are capital improvements that reflect what we want out of the Parks & Recreation and this borough. Because we can't put our finger on one individual trail that cost more than $50,000 they all fall underneath that, and then they all fall off the table because they aren't big enough to be a capital project. If we are creative, let's describe it in a way so it appears to be a capital project, and then put our weight behind it. Cassidy stated besides putting lists together, we need to look at what grants are available, CIP process, the Borough, etc. A lot of this goes to the State Legislature for money. We can raise money somehow. Dvorak said the big projects listed on the CIP List are broken down into phases. When the list comes before the Assembly that is the time P &R needs to follow through by attending and let them know how important your projects are. It's important to have a plan in place that identifies criteria and justification of background to go to the next step. It was the consensus of the committee to add the Trails Plan and Chichenoff Trail to the list. Cassidy stated it sounds like the Assembly is going to reduce the CIP List this year. The key is having it on a list somewhere so when we get a call from Juneau saying they have so much money for such and such we stand a good chance of receiving some of that money. It has happened before. Dvorak said Parks & Rec will have 3 meetings to think about projects, how you will score them, and you will vote on the final list. COMMUNICATIONS REPORTS Dvorak reported the Draft Comp Plan and Coastal Management Plan are up for public hearing on June 20 with the Planning & Zoning Commission. There are new maps coming that will be on our website. He encouraged everyone to look at the Comp Plan to make sure everything is in it. Dvorak will have Lori Demi put the Coastal Management Plan on the website. It was adopted in January 06 but DNR sent it back for revisions several times. There are still editorial changes being made by DNR, but it's on its way for public hearing. He encouraged everyone to familiarize themselves with the plan. Dvorak also reported it doesn't look like the Woodland Estates Land Acquisition will happen. That's the subdivision that was approved with a caveat where the Borough had a 1 year option to pursue acquisition. The manager asked that the developers to get an appraisal if they want to sell, but it doesn't look like there will be an appraisal. He thinks they're waiting for the clock to run out. 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 5 of 6 A) Meeting schedule: • June 26, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • July 10, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Cassandra Juenger said the Borough funded a maintenance position. Kevin Foster asked if the Trails Training coming up in Fairbanks. Dvorak was going to talk to Bud. Duane Dvorak said Bud Cassidy's name has been put in. Andy Schroeder congratulated staff for getting what they asked for, and he is disappointed with borough staff with regards to projects that we get behind that nothing is done with it. If we have action minutes then the minutes will be empty but we spend a lot of time talking about things that are really important. Hans Tschersich said he is very happy we are talking about the Russian Ridge Trail; it has been in his heart for years. He has explored this area for years and drawn maps. The maps are online at the Island Trails Network website. There are also pictures on the website. This is a trail on the edge of town where you can walk there. It is a pristine, beautiful, undeveloped area. Patrick Saltonstall said he wanted to go on Hans hike but was sick that day. ADJOURNMENT The meeting adjourned at 8:45 p.m. ATTEST By: 1 Sheila Smith, Secretary Community Development Department DATE APPROVED: July 10, 2007 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE Sirof uck, Chair 6/12/2007 Parks & Recreation Committee Meeting Minutes Page 6 of 6 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on May 16, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Dave King — Chair Gary Carver Brent Watkins Casey Janz Bill Kersch Gary Juenger Vacant X X X X X A quorum was established. COMMISSIONER CARVER MOVED TO EXCUSE COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 16, 2007 MINUTES Excused Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. X COMMISSIONER JANZ MOVED TO APPROVE the agenda. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 18, 2007 P &Z minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. COMMISSIONER KERSCH MOVED TO APPROVE the Continued from April 18, 2007 on May 7, 2007 P &Z minutes. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS David Thorson spoke on behalf of Lee Russell and requested the commission reconsider their decision. Randall Borgeman requested the commission grant the Variance. PUBLIC HEARINGS A. Case S07 -013. Request preliminary approval, according to KIBC 16.40, to allow the replat of the remainder of Lots 1 and 2, Block 2, Southeast Addition No. 2, U.S. Survey 2910 A &B, creating Lots 1A and 2A, Block 2, Southeast Addition No. 2, U.S. Survey 2910 A &B. May 16, 2007 P & Z Commission Meeting Minutes Page I of 5 Legal Description Location Zoning Use Aleutian Homes Bk 1 Lt 24B 912 Oak Ave. R -1 SFR Mtn View 2"a Bk 4 Lt 11 2566 Devil's Prong RR -1 VAC Lakeside 1St Bk 1 Lt 10A 2345 Beaver Lake Dr R -2 ZZL Russell Est 3`d 1820A Larch St. R -3 CDO Dvorak reported Lot 1 is currently vacant and the petitioners have provided a slight boundary shift to convey a 20 foot swath to Lot 2. The land transfer is coming from Lot 1 to Lot 2 in this subdivision. There is also a 5 foot utility easement to be created on the other side of the property. There is still adequate room to build a reasonable single family dwelling. Staff recommends approval of this request. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the replat of the remainder of Lots 1 and 2, Block 2, Southeast Addition No. 2, U.S. Survey 2910 A &B, creating Lots 1A and 2A, Block 2, Southeast Addition No. 2, U.S. Survey 2910 A &B, and to adopt the findings in that staff report as "Findings of Fact" for case S07 -013. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: Brief discussion regarding the steep cliff. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 5 -0. B) Case 07 -027. Request a Tax Foreclosure Property Review. Staff reported 10 parcels were foreclosed upon due to non - payment of property taxes. The code requires them to be reviewed upon acquisition for whether or not there is public need for these parcels. If the commission finds no public need then those parcels can be disposed of in order to recoup for the taxes. Staff has reviewed these parcels and recommends they be declared not to be of public need and offered at a future KIB land sale. COMMISSIONER CARVER MOVED to recommend to the Kodiak Island Borough Assembly that the following ten (10) tax - foreclosed parcels be declared not to be of "public need" and be offered at a future KIB land sale: KODIAK URBAN AREA & ROAD SYSTEM May 16, 2007 P & Z Commission Meeting Minutes Page 2 of 5 Legal Description Location Zoning Use Old Harbor TR F Bk 9 Lt 1 Third Ave R — 1 SFR Old Harbor TR F Bk 3A Lt 6A Hill St. R — 1 SFR Akhiok Bk 1 IA Lt 3A Nhn Akhiok R — 1 SFR Legal Description Location Zoning Use T31 S R29W TL 1103 Uyak Bay C - Con VAC T3OS R29W TL 3005 Larsen Bay C — Con Lodge Bk 2 Lt 19A -2 ATS 899 Middle Bay Cannery 22569 Chiniak Hwy CN VAC KODIAK ISLAND VILLAGES: KODIAK ISLAND REMOTE: COMMISSIONER KERSCH SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5 -0. OLD BUSINESS A) Adopt "Findings of Fact" for Case 07 -020 Dvorak reported this case was denied at the April 18` regular meeting, and at that time the commission deferred adopting Findings of Fact until the next regular meeting. The commissioner's have contacted him individually with their reasons of why they voted the way they did. Staff has aggregated those comments into a revised set of findings. In order to grant a Variance the commission has to find all six required standards have been met. After aggregating the findings that were conveyed to staff, staff found that at least four of them appears to have not been met, particularly 1, 2, 3, and 5. It is essential the commission adopts findings whenever it makes a decision. Discussion of procedures COMMISSIONER JANZ MOVED to adopt the findings contained in the memorandum dated May 16, 2007 as "Findings of Fact" in support of the denial of a variance for Case 07 -020. COMMISSIONER CARVER SECONDED the motion. The commission discussed each Finding of Fact. May 16, 2007 P & Z Commission Meeting Minutes Page 3 of 5 FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are no physical circumstances applicable to the property, which does not apply generally to other lots in the R -2 Two Family Residential Zoning District. The conditional development restrictions placed on this property during the subdivision process did not result in an inequitable burden on this parcel. The petitioner submitted a zoning compliance permit demonstrating that a conforming residential structure could be located on the property without need of a variance. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances, as currently applied, would relieve the property of the 25 -foot minimum setback requirement per Plat Note No. 1 of Plat 96 -19. This requirement was placed on the plat to ensure a certain degree of building separation on flag lots. Based on the zoning compliance submitted for this site, it did not appear at the outset of construction that the strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Based upon the written submissions and oral testimony of the adjoining property owner located in front of the subject parcel, the Commission finds that the granting of the variance would result in material damage to other properties in the vicinity of the requested variance. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site - specific standards such as setbacks. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The intent of the KIB variance standards, and the applicable Alaska Statutes which form their basis, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. In this case, the petitioner filed a zoning compliance permit indicating that a conforming residential structure could be placed on the site. The fact that the builder either erred or deliberately violated the setback by building over the designated setback line does not in and of itself justify a variance in this case. The purpose of the variance process is intended to grant relief from practical difficulties and unnecessary hardships arising from the land and strict interpretation of the code. The variance procedure is not intended to grant relief from construction errors or deliberate attempts to circumvent the reasonable development standards of the community. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. May 16, 2007 P & Z Commission Meeting Minutes Page 4 of 5 The granting of the variance will not permit a prohibited land use in the R -2 Two Family Residential Zoning District. The question was called, and it CARRIED 5 -0. NEW BUSINESS There was no new business. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. REPORTS COMMISSIONER CARVER MOVED to acknowledge receipt of the reports. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER COMMENTS COMMISSIONER WATKINS stated we're still looking for someone who lives in the city to fill the seat on the commission. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:08 p.m. ATTEST By: beam LJs l Sheila Smith, Secretary Community Development Department DATE APPROVED: June 20, 2007 May 16, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: S1-4t1-5., -�e�t 2;- David King, Chair P & Z Commission Meeting Minutes Page 5 of 5 BOROUGH CLERK'S OFFICE The Board of Education of the Kodiak Island Borough School District met in regular session on May 21, 2007, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Elizabeth Odell called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the Norm Wooten Peggy Tuttle Absent: Roy Brown, excused Corrisa Smith, excused A quorum was established. ALSO PRESENT: KODIAK ISLAND BOROUGH SCHOOL DIST Board of Education Regular Meeting — May 21, 2007 Betty Walters Larry LeDoux Marilyn Davidson Jim Lambert Karen Winkler Ron Sternberg Julie Hill Jane Eisemann Bill Watkins Debra Houlden - Engvall Kathy Nussbaum Elaine McMurry Tonya Sugak Derrik Magnuson Charmaine Fabricante Samantha Heglin Ilia Macinko Mickayla Spencer Lawrence Velasco following members were present: Elizabeth Odell Jeff Stephan Dave Jones Gail Otto David Carson Jennifer Kersch Ted Nussbaum Marci Stelzer Laurie Busness Heather Wheeler Pete Jarvis Donna Jones Ted Nussbaum Ada Coyle Leslie -Ann Heglin Dannika Catt Nickolas Goodall Madison Kersch Sydney Magnuson Hannah Sternberg CDR Williams Stewart McDonald Steve Doerksen Robyn Cassidy Bill Kersch Kelly Sternberg Pat Stelzer David Wages Casey Kelly David Willson Dawn Catt Jim Jones Emil Sugak Sherri Looman Ashley Doctolero Deanna Harford Annie Looman Marissa Simeonoff Sarah Sternberg ECEfiVEIN JUN 2 6 2007 ILJ) SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 2 MINUTES: The minutes of the Regular Meeting of April 30, 2007, and the Special Meeting of May 7, 2007, were to be considered for approval and/or correction. MOTION JEFF STEPHAN moved to approve the minutes of the Regular Meeting of April 30, 2007, and the Special Meeting of May 7, 2007, as presented. PEGGY TUTTLE seconded the motion and it carried unanimously by a voice vote. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: North Star parent David Carson stepped to the podium to tell the Board he was recently informed there may not be a specialized teacher next year for his autistic son. He conveyed the enormous success his son experienced this year under the direction of an autistic - trained teacher by passing all three benchmark exams with proficiency and zero violent/meltdown episodes. This is the first real success the student has experienced and is much happier at school and home. Mr. Carson urged the School Board to find the resources to fund an autism specialist for the 2007/2008 school year. CORRESPONDENCE: None PROGRAM /STAFF REPORTS: 1. Pandemic Flu Exercise Update — Director of Career and Technical Education Dave Wages reported on the ongoing progress to prepare the Kodiak community in the case of a pandemic flu outbreak. He attended a recent meeting with local emergency services agencies to begin the process of creating an emergency response plan to include recommendations from the State. 2. Employee Service Recognition — The District is proud to honor employees who are celebrating their twenty -fifth, thirtieth and thirty -fifth year of service to the District. PRESENTED On behalf of the District, School Board President Elizabeth Odell presented a thirty -five year service award to Kodiak Middle School teacher Julie Hill, a thirty -year service award to Superintendent Betty Walters, and twenty -five year service awards to Special Services secretary Marci Stelzer, North Star Elementary School teacher Janel Keplinger, and Kodiak High School teacher Jim Lambert. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 3 3. KACLAC Program Report — (Kodiak Alaska Community Learning Activity Centers) This federally - funded grant program is in the third year of a five -year grant award and provides before and after school services for students in second through fifth grades targeting those who have not reached proficiency in reading and mathematics. KACLAC Assistant Arts Coordinator Dawnn Catt stepped to the podium to introduce KACLAC Choir Director Kathy Nussbaum and the East Elementary KACLAC choir, who performed a song titled, "Kodiak ". Vocal performers included: Dannika Catt, Ashley Doctolero, Charmaine Fabricante, Nickolas Goodall, Deanna Harford, Samantha Heglin, Madison Kersch, Annie Looman, Illa Macinko, Sydney Magnuson, Marissa Simeonoff, Mickayla Spencer, Hannah Sternberg, Sarah Sternberg, and Lawrence Velasco. Lead Teacher /Coordinator Ted Nussbaum described the success of the program this year in a PowerPoint presentation. The program served approximately 290 students and offered varied activities such as tap dancing, guitar lessons, digital photography, and art projects. Program Director Marilyn Davidson informed Board members of a 10% increase in student math achievement at Main Elementary School that can be credited to solid classroom teaching supplemented by this after school program. KACLAC is admired by the Department of Education as well as by similar programs around the state. Board Member Peggy Tuttle asked how a student becomes eligible for this program. Ted Nussbaum stated the SBA scores are the basis for eligibility by targeting students who fall 10% to 15% below and above the proficiency level as well as by requests for students who wish to be in the program. Peggy Tuttle asked what happens to the program in two years when the grant runs out. The response was there will be an opportunity to apply for another 5 -year grant. 4. Migrant Education Book Distribution Program Report - Director of Education Support Services Stewart McDonald stepped to the podium to recognize Gail Otto for her dedication and creativity concerning a book distribution that took place this year to replace the former Reading is Fundamental program, a grant that came to its end. Gail spearheaded fundraising to increase the dollar amount per student for books purchased at the Next Page book store. Gail Otto came to the podium to inform the Board that only 142 out of 423 migrant students took advantage of the book store opportunity. In response Gail ordered books from the 2008 Battle of the Books list and mailed them to all students who had not received books and also mailed the books to village students. 5. Volunteers of the Month - Kodiak High School staff are pleased to recognize Tracy Anderson, Debra Houlden - Engvall, and Donna Jones as their Volunteers of the Month. Kodiak High School Assistant Principal Dan Carrasco stepped to the podium to thank all those who volunteer at the high school. Kodiak High School teacher Jane Eisemann and Volunteer Donna Jones joined him at the podium and Ms. Eisemann spoke of how Donna Jones approached her and asked for help in getting a Future Farmers of America (FFA) program started. Donna has put in countless hours of fundraising and has involved many community members to create Kodiak High school's very own chapter of FFA and associated Envirothon team. Kodiak's first year team brought home 2nd and 3 place awards SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 4 from a field of 14 teams, as well as many 1 st place awards in associated contests at the state competition. Parent Facilitator Robyn Cassidy stepped to the podium to introduce Debra Houlden - Engvall and to acquaint the Board with her many talents as a volunteer. Debra helps in the counseling office, she is very involved in her own children's activities and her family has hosted three foreign exchange students. Debra Houlden - Engvall challenged all parents to volunteer at whatever capacity they are able. Kodiak High School Assistant Principal Dan Carrasco spoke of Tracy Anderson as she was unable to attend the Board meeting. Tracy has managed the Bears Den for the Booster Club for the past five years with duties to include ordering, stocking, and coordinating volunteers. Tracy is also involved with softball, dance team and many junior and senior class projects. PRESENTED On behalf of the District, School Board President Elizabeth Odell presented certificates of appreciation to Kodiak High School Volunteers of the Month Debra Houlden - Engvall and Donna Jones. Kodiak High School Assistant Principal Dan Carrasco accepted the certificate of appreciation on behalf of Tracy Anderson. SUPERINTENDENT'S REPORT: 1. State assessments have been received and information will go out to parents soon. It appears that students and staff have done well and the District hopes to qualify for performance incentive rewards. 2. State Legislature Final Outcome Update - Finance Director Dave Jones handed out a packet of the final numbers for the FY 08 budget and stated the District gained approximately $3,000,000 from the State compared to last year; however this increase is one -time money. The only change to the foundation formula was the one -time change of the ISER recommended change to the district cost factor, from 1.142 to 1.191, resulting in an additional $992,020 to the District. The base student allocation value did not change. The TRS/PERS retirement issue will be paid outside the foundation formula in a one -time fix and the TRS rates moved to 12.56% for next year, which reduces the amount our District will pay by $1,898,000. District liability for the PERS system will be changed causing the rates to increase to 22 %, which will increase our District cost by $93,989. The total revenue from school improvement grants will be $213,501. The District will need $767,622 from the Borough to fund the FY 08 budget. Board Member Peggy Tuttle encouraged interested public to contact the Borough Assembly regarding concerns and to attend the upcoming Borough budget meetings. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 5 3. Superintendent Walters was informed by the Arts Council that the Rasmuson Foundation, under their new rules, can only fund 30% of the auditorium curtain that needs to be purchased. The Borough and Arts Council put in additional funds and Superintendent Walters raised the District contribution to $10,000, which will need Board approval. 4. Superintendent Walters reported on the success this past week of the baseball, softball and track programs. Rural graduations are coming up, Baccalaureate (5/27/07), Kodiak Middle School Class Night (5/31/07), Kodiak High School graduation (6/3/07), and many closing activities at the elementary schools. 5. Superintendent Walters wished everyone an enjoyable Crab Festival. She encouraged parents to make sure their students attend school on Thursday and Friday and to also support the fundraising for school activities happening at Crab Festival. 6. Keith Ruch called in to ask about results of the Kodiak High School music program State competition. Neither Superintendent Walters nor KHS Assistant Principal Dan Carrasco had that information at hand. Mr. Ruch then apprised the Board that Kodiak received first place in vocal duet, second place in vocal solo and second place for percussion. Mr. Ruch wanted his disappointment known as there was no public announcement, in the paper, on the radio, or at school regarding these results. 7. The Kodiak Daily Mirror recently published an insert relating to schedule information for youth summer activities (camps, arts, etc.) and parents can contact the paper for a copy of that insert. UNFINISHED BUSINESS: None NEW BUSINESS: 1. 2006/2007 Certificated Contract — Administration has one certificated contract ready for recommendation. MOTION JEFF STEPHAN moved to approve a certificated contract for the remainder of the 2006/2007 school year to Olga Pestrikoff — BA +18/7 in the amount of $7,418 for 1.0 FTE 26 days Old Harbor School plus $154 village stipend. PEGGY TUTTLE seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 6 2. 2007/2008 Certificated Contracts — Administration has three certificated contracts ready for recommendation. MOTION NORM WOOTEN moved to approve three certificated contracts for the 2007/2008 school year to Veronica Mounie — BA +36/4 in the amount of $53,404 for 1.0 FTE Larsen Bay School plus $1,116 village stipend; Bart Mounie — MA +0/4 in the amount of $53,404 for 1.0 FTE Larsen Bay School plus $1,116 village stipend and $223 special education stipend; and Amelia Savinova — MA +0/8 in the amount of $60,271 for 1.0 FTE Chiniak School. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 3. Language Arts Curriculum Document — Board action is needed to approve the Language Arts Curriculum Document and the purchase of supporting materials. MOTION PEGGY TUTTLE moved to approve the Language Arts Curriculum Document as presented and to approve Purchase Requisition Number 560000184 to Northwest Textbook Depository in the amount of $174,544.46 for supporting materials. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 4. Arts Curriculum Document — Board action is needed to approve the Arts Curriculum Document as presented. MOTION NORM WOOTEN moved to approve the Arts Curriculum Document as presented. PEGGY TUTTLE seconded the motion and it carried unanimously by a voice vote. 5. Quality Schools /Quality Students (QS2) Document — Board action is needed to approve the updated Quality Schools /Quality Students (QS2) Document as presented. MOTION PEGGY TUTTLE moved to approve the updated Quality Schools /Quality Students (QS2) Document as presented. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote. 6. 2007/2008 Rural Schools' Calendars— Board action is needed to approve the 2007/2008 school calendars for Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions as presented. MOTION NORM WOOTEN moved to approve the 2007/2008 school calendars for Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 7 7. 2007/2008 School Meals Program Supplies Bid Awards— Board action is needed to approve the 2007/2008 School Meals Program Supplies Bid Awards. MOTION JEFF STEPHAN moved to approve the 2007/2008 School Meals Program Supplies Bid Awards Purchase Requisition Number 730000001 to Food Services of America in the amount of $117,505.30, Purchase Requisition Number 730000002 to Cost Savers in the amount of $18,223.07, and Purchase Requisition Number 730000003 to Northern Sales, Inc. in the amount of $12,282.24. PEGGY TUTTLE seconded the motion and it carried unanimously by a roll call vote of all members present. 8. 2007/2008 Perishables and Fresh Milk Bid Award — Board action is needed to approve the 2007/2008 Perishables and Fresh Milk Bid Award. MOTION PEGGY TUTTLE moved to approve the 2007/2008 Perishables and Fresh Milk Bid Award Purchase Requisition Number 70000004 to Food Services of America in the amount of $106,000.00 and Purchase Requisition Number 70000005 to Food Services of America in the amount of $154,000.00 for fresh milk. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 9. Kodiak High School Kitchen Contract — The advertised term of the contract and renewal was for one (1) school year commencing August 20, 2007, and ending with an acceptable facility inspection on June 6, 2008. With mutual consent the contract may be renewed annually for each of the following two (2) school years with the beginning and ending dates to be set at the time of renewal. MOTION JEFF STEPHAN moved to approve 1) the Kodiak High School kitchen contract bid award to Culinary Horizons of $34,500, for one (1) school year commencing August 20, 2007, and ending with an acceptable facility inspection on June 6, 2008, with an option to renew annually for each of the following two (2) school years with a 3% yearly increase for the subsequent two years upon renewal, with the beginning and ending dates to be set at the time of renewal and 2) a 50/50 net concession profit share for student activity groups or organizations, a $30 per hour fee for general supervision, and a $40 per hour fee for cooking for community groups wishing to use the Kodiak High School kitchen facility outside the terms of this agreement. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 8 10. FY 07 Title IID — Enhancing Education thru Technology (E2T2) Grant Amendment — This grant supports the use of technology to acquire, store and transform data into information that is relevant to decisions that improve student achievement and drive instruction. MOTION NORM WOOTEN moved to accept the FY 07 Title IID — Enhancing Education thru Technology Grant amendment increase in the amount of $33,671 for a total grant award of $53,294. PEGGY TUTTLE seconded the motion and it carried unanimously by a roll call vote of all members present. 11. March 2007 Report of Revenues and Expenditures — Board action is needed to acknowledge receipt of the March 2007 Report of Revenues and Expenditures. MOTION JEFF STEPHAN moved to acknowledge receipt of the March 2007 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $21,434,895 and year -to -date general fund expenditures in the amount of $20,855,392. PEGGY TUTLE seconded the motion and it carried unanimously by a roll call vote of all members present. 12. Executive Session — Terms and Conditions of New Superintendent Contract MOTION JEFF STEPHAN moved to enter into Executive Session to discuss Terms and Conditions of New Superintendent Contract following the portion of the agenda reserved for Board Comments, and to include Superintendent - designee Larry LeDoux as needed. PEGGY TUTTLE seconded the motion and it carried unanimously by a voice vote. FUTURE BUSINESS: 1. The Kodiak Island Borough will hold work sessions on the next two Thursdays, May 24, 2007, and May 31, 2007, to continue their budget process. Superintendent Betty Walters encouraged everyone to attend those work sessions. The Old Harbor School graduation will be held on Thursday, May 24, 2007, and the Kodiak Middle School Class Night will be held on Thursday, May 31, 2007. The Borough will approve their final budget at their regular meeting on Thursday, June 7, 2007. 2. The meeting schedule for June is a Work Session on Monday, June 11, 2007, at 7:00 p.m. in the School District Conference Room and will include a vocational technology presentation. A Regular Meeting will be held on Monday, June 25, 2007, in the Borough Assembly Chambers at 7:00 p.m. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 9 COMMUNITY COMMENTS: None BOARD COMMENTS: 1. CDR Scott Williams thanked Keith Ruch for calling in with information regarding the Kodiak High School music program's success at the state competition. 2. Peggy Tuttle commended all service pin award recipients and said it was nice to recognize wonderful staff members that have worked for the District for many years but wished the award could be more than a pin. She reminded the community that most of the funding received from the legislature is one -time money and people need to continue to contact their representatives regarding future issues and funding. 3. Jeff Stephan thanked the volunteers as they play an important role in the District and recognized the staff service award recipients for their dedicated efforts. 4. Elizabeth Odell commended the students who participated in activities, whether it was music, sports, reading programs, Battle of the Books, Geography Bee, etc. and wanted to recognize and thank the adults and volunteers behind these successful activities. She thanked the staff service award recipients for their many years of service and also thanked Superintendent Betty Walters for her 30 years of service to the District. EXECUTIVE SESSION: At 8:50 p.m. the Regular Meeting recessed into Executive Session for the purpose of discussing the Terms and Conditions of the New Superintendent's Contract. The Regular Meeting reconvened at 10:05 p.m. 1. Superintendent's Contract — Board action is needed to approve a Superintendent's contract for Larry LeDoux. MOTION PEGGY TUTTLE moved to approve a Superintendent's contract for Larry LeDoux for a three - year period beginning July 1, 2007, and ending June 30, 2010, and to set the FY 08 Superintendent's salary at $105,000 and the FY 09 and FY 10 Superintendent's salaries at $107,625. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING May 21, 2007 Page 10 ADJOURNMENT: NORM WOOTEN moved to adjourn the Regular Meeting. JEFF STEPHAN seconded the motion, and it carried unanimously by a voice vote. There being no further business, President Elizabeth Odell adjourned the Regular Meeting at 10:07 p.m. e f the Cl Board Respectfully Submitted, Bonnie Johnson Secretary III Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of June 25, 2007. The Board of Education of the Kodiak Island Borough School District met in sp ciN JERK'S OFFICE June 11, 2007, for 2007/2008 Certificated Contracts and 2007/2008 Administra The Special Meeting was called to order by Board President Elizabeth Odell at 7 p.m. ROLL CALL was taken, and the following members were present: Elizabeth Odell Absent: Norm Wooten, excused Peggy Tuttle, excused CDR Williams, excused A quorum was established. ALSO PRESENT: Betty Walters David Wages Larry LeDoux Heather Wheeler Marilyn Davidson NEW BUSINESS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 11, 2007 Roy Brown Jeff Stephan Geoff Smith Lisa Johnson Jack Walsh Steve Doerksen Debra Kirk Dave Jones Casey Kelly Bill Watkins Stewart McDonald Porfiria Lopez -Trout 1. 2007/2008 Certificated Contracts — Administration has recommendations for six certificated contracts. 1E MIY MOTION JEFF STEPHAN moved to approve certificated contracts for the 2007/2008 school year to Susan Gill - MA +0/5 in the amount of $55,312 for 1.0 FTE Peterson Elementary; Jennifer Herlyn - BA +0/0 in the amount of $38,146 plus $1,116 Special Education Stipend for 1.0 FTE Peterson Elementary; Kathy Powers - BA +18/7 in the amount of $55,312 for 1.0 FTE Peterson Elementary; Heather Christian - MA +54/7 in the amount of $67,137 plus $1,116 Special Education Stipend for 1.0 FTE District -wide School Psychologist; Crystal Wheeler - MA +0/0 in the amount of $43,105 plus $1,116 Special Education Stipend for 1.0 FTE East Elementary; and Dianne Grupp - MA +0/8 in the amount of $60,271 for 1.0 FTE Kodiak Middle School mathematics. ROY BROWN seconded the motion and it carried unanimously by a roll call vote of all members present. JUN 2 6 ,gyp JUN 262007 School Board Special Meeting June 11, 2007 Page 2 2. 2007/2008 Administrative Contract — Administration has one recommendation for a 2007/2008 certificated contract. MOTION JEFF STEPHAN moved to approve an administrative contract for the 2007/2008 school year to Michael Opp for $87,535 as North Star Elementary School Principal. ROY BROWN seconded the motion and it carried unanimously by a roll call vote of all members present. 3. ADJOURNMENT MOTION JEFF STEPHAN moved to adjourn the Special Meeting. ROY BROWN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Board President Elizabeth Odell adjourned the Special Meeting at 8:05 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of June 25, 2007. erk of the Board Res ctfully submitted, aren D : Guzman Executive Secretary