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2007-09-20 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 20, 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 August 2 and August 16, 2007. 6. AWARDS AND PRESENTATIONS 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS PUBLIC HEARING A. Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties From 2005 and Prior Tax years, Establishing Intention to Surplus and Sell the Same, Finding That a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number Sixteen's Terms and Conditions. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -11 Agreement for Analytical Laboratory Services (Landfill Water Monitoring RFB.) 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 B. Resolutions . *Resolution No. FY2008 -06 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. . Resolution No. FY2008 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2008 Legislative Session. C. Ordinances for Introduction 1. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) 2. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. 3. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) D. Other Items 1. *Approval of Workers for the October 2, 2007 Regular Municipal Election Workers. 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. Emergency Services Organization /Local Emergency Planning Committee Quarterly Meeting of March 1, 2007. 2. Gravel Task Force Committee Regular Meeting of July 2, 2007. 3. Monashka Bay Road Service Area Board Work Session of July 19, 2007. 4. Parks and Recreation Committee Regular Meetings of May 22 and July 10, 2007. 5. Planning and Zoning Commission Regular Meetings of June 20 and July 18, 2007. B. Reports 1. Kodiak Island Borough July and August 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 September 20, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 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 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 Meetings of August 2 and August 16, 2007. 6. AWARDS AND PRESENTATIONS A. Proclamations — Mayor Selby 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING Kodiak Island Borough Assembly Guidelines September 20, 2007 Page 1 A. Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties From 2005 and Prior Tax years, Establishing Intention to Surplus and Sell the Same, Finding That a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number Sixteen's Terms and Conditions. Recommended motion: Move to adopt Ordinance No. FY2008 -03. 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. 13. NEW BUSINESS A. CONTRACT 1. *Contract No. FY2008 -11 Agreement for Analytical Laboratory Services (Landfill Water Monitoring RFB.) Recommended motion: Move to authorize the manager to execute Contract No. FY2008- 11 with Analytical Laboratory Services (Landfill Water Monitoring RFB.) Staff report — Manager Gifford Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. RESOLUTIONS 1. *Resolution No. FY2008 -06 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. Recommended motion: Move to adopt Resolution No. FY2008 -06. Kodiak Island Borough Assembly Guidelines September 20, 2007 Page 2 Staff report — Clerk Javier. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2008 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2008 Legislative Session. Clerk's Note: Attached on blue paper is the Corrected Copy. Recommended motion: Move to adopt Resolution No. FY2008 -07. Staff report — Manager Gifford. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) Recommended motion: Move to adopt Ordinance No. FY2008 -06 in first reading to advance to public hearing on October 4, 2007. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. Clerk's Note: Attached on green paper is additional public correspondence received. Attached also is a colored map. Recommended motion: Move to adopt Ordinance No. FY2008 -07 in first reading to advance to public hearing on October 4, 2007. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 20, 2007 Page 3 3. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) Recommended motion: Move to adopt Ordinance No. FY2008 -08 in first reading to advance to public hearing on October 4, 2007. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 13. OTHER ITEMS 1. *Approval of Workers for the October 2, 2007 Regular Municipal Election Workers. Clerk's Note: Attached on yellow paper is the updated roster of Election Workers. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. 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. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will meet in a regular work session followed by a special meeting on Thursday, September *2007 at 7:30 p.m. in the Borough Conference Room. The next regular meeting of the Assembly is scheduled on Thursday, October 4, 2007 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election will be held on Tuesday, October 2, 2007. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, Room 101 in the Borough building from 8:00 a.m. to 5:00 p.m. through October 1, 2007. The Mayor and Assembly members will be attending a Providence Alaska Joint Board Meeting tomorrow, September 21 at 3:45 p.m. at the Kodiak Best Western Inn, 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 20, 2007 Page 4 TJ M 1 iiogy • JAT Ms. Branson Mr. Friend Xozjjof 'SW rlou - 1 'SLAT Mr. Oswalt suretll1M •sy\I TOTAL D ,, sq7__A 0 c O U Mr. Abell Ms. Branson O Mr. Friend Ittc icazgJaf 'SW uoui('I 'SLAT Mr. Oswalt suretllirn s TOTAL C) 4, --0 P, .1 t,,. , s,4ie M O W v) z CD Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey rlouk - j 'SLAT Mr. Oswalt SUTTITM 'SLAT TOTAL U co F Mr. Abell Ms. Branson F Mr. Friend Ms. Jeffrey tpuki F Mr. Oswalt sumum r TOTAL o 8 II Mr. Abell II Ms. Branson I II Mr. Friend 0 Ms. Jeffrey uouki'SLAT 0 H Mr. Oswalt suret TOTAL O U • o �. o L � U 5 0 a � x Y _� os 76o o 0 ve x • c U � c ip z 0 0 0 O cd � cas L � U -- .n 0 _ e-'' *--- f� j Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukj 'sbAt Mr. Oswalt Ms. Williams tPik TOTAL 0 M , N C:& Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Llout I 'SYAJ Mr. Oswalt Ms. Williams C 0 N n v) �v o 0 M � O Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey A u oux', 'sNI Mr. Oswalt Ms. Williams TOTAL 6 o M W CI] Mr. Abell r Ms. Branson [Mr. Friend Ms. Jeffrey uoukj F Mr. Oswalt 4_ SUI TTTTA 'SW j TOTAL D .1e2, O co cn 0 >. --A -> ---' H 'JIAI II Ms. Branson II Mr. Friend I I Ms. Jeffrey II lion/C-1 'sJ, II IpmsO 'JNJ I I Ms. Williams TOTAL • U 0 0 O o o • �, C, U d w 0 F1.1 H z › x CI `0 v i E ,,, 0 � 0 • x 0c U 0 z W.4 0 I j KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties from 2005 and Prior Tax Years, Establishing Intention to Surplus and Sell the Same, Finding that a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number Sixteen Terms and Conditions. SUMMARY: The Kodiak Island Borough has acquired real properties as a result of the tax foreclosure procedure from 2005 and prior tax years. AS 29.45.460 Disposition and sale of foreclosed property states: (a) The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose. The ordinance must contain the legal description of the property, the address or a general description of the property sufficient to provide the public with notice of its location, and the name of the last record owner of the property as the name appears on the assessment rolls. (b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold. Before the sale of tax - foreclosed property held for public purpose, the municipality, by ordinance, shall determine that a public need does not exist; and The Kodiak Island Borough Planning and Zoning Commission has reviewed the list of 2005 and prior tax years for foreclosed properties as required by KIBC 18.10.030, has conducted a public hearing on the disposition of the subject parcels, and has made a formal recommendation on the parcel's disposition to the Assembly that the parcels identified have been reviewed by staff and the Commission and that the properties not be retained for public purpose. The Kodiak Island Borough Manager has recommended the tax - foreclosed parcels listed below are declared not to be of "public need" and be offered at a future KIB land sale. Staff is recommending a sealed bid auction be conducted. All bids must be received by the manager's office by 4 pm on November 26. The bids will be opened on November 27 in the Borough assembly chambers at 9 am. The required lot(s) for outcry auction will be presented after sealed bids are opened and awarded. Bidder is to enclose a 10% deposit based on the minimum bid amount shown in the bid packet. The remaining balance must be paid within thirty (30) days. Staff is recommending a public auction be held November 27 at the Borough assembly chambers at 9 am. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -03. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -03 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Department Introduced: 08/16/2007 Public Hearing: 09/20/2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES FROM 2005 AND PRIOR TAX YEARS, ESTABLISHING INTENTION TO SURPLUS AND SELL THE SAME, FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THESE PROPERTIES, AND AUTHORIZING LAND SALE NUMBER SIXTEEN TERMS AND CONDITIONS WHEREAS, the Kodiak Island Borough has acquired real properties as a result of the tax foreclosure procedure from 2005 and prior tax years; and WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: (a) The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose. The ordinance must contain the legal description of the property, the address or a general description of the property sufficient to provide the public with notice of its location, and the name of the last record owner of the property as the name appears on the assessment rolls. (b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold. Before the sale of tax - foreclosed property held for public purpose, the municipality, by ordinance, shall determine that a public need does not exist; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed the list of 2005 and prior tax years for foreclosed properties as required by KIBC 18.10.030, has conducted a public hearing on the disposition of the subject parcels, and has made a formal recommendation on the parcel's disposition to the Assembly that the parcels identified have been reviewed by staff and the Commission and that the properties not be retained for public purpose; and WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's action, as required by KIBC 18.10.030; and WHFRFAS the Knrti IcIanrt Rnrni inh PAanaricr hac rcr•nmmc,nrterl fhe d tav- fnre 1111.., 1 111 , ., . ., 1.1, .1 .. y , , ,.1 11 1 1 1 „ I .I 1 .1 Su 1.11.1.11.1.1 parcels listed below are declared not to be of "public need" and be offered at a future KIB land sale; and Kodiak Island Borough Page 1 of 3 Last owner PROPERTY LEGAL PHYSICAL ADDRESS NUMBER DESCRIPTION HOUSE STREET # NAME Road system parcels LOCKE ROBERT & 1 MARY R7525031042 MILLER PT BK 3 LT 4A -2 988 KRAFT WAY 2 HOEN ETAL R1040060260 ALEUTIAN BK 6 LT 26 413 WILLOW ST 3 WREN R5200004300 USS 2735 TR A MIDDLE BAY CHINIAK HWY 4 WREN WILLIAM R5700000170 ATS 899 MIDDLE BAY CANNERY NHN 5 HAMAKER DAVE R6225040110 MOUNTAIN VIEW 2ND BK 4 LT 11 2566 DEVILS PRONG 6 MOSIER LINDA R7485000118 LAKESIDE 1ST BK 1 LT 10A 2345 BEAVER LAKE DR 7 SHOOK ESTHER R1429020192 RUSSELL EST 3RD BK 2 LT 19A -2 1820A -2 LARCH ST Remote parcels TOLBERT 8 GORDON R5312903601 T31S R29W TL 3601 AMOOK ISLAND UYAK BAY 9 MALUTIN R5765010010 KARLUK BK 1 LT 1 NHN KARLUK 10 PORT BAILEY WILD R5200001120 USS 2292 PORT BAILEY CANNERY PORT BAILEY 11 PORT BAILEY WILD R5200001155 USS 2352 PORT BAILEY CANNERY PORT BAILEY 12 PORT BAILEY WILD R5700000050 ATS 91 PORT BAILEY CANNERY PORT BAILEY 13 SQUARTSOFF R5765050040 KARLUK BK 5 LT 4 NHN KARLUK 14 SIMEONOFF SR R5781110090 AKHIOK BK 11A LT 9A NHN AKHOIK CHRISTIANSEN THIRD AVE, OLD 15 FRED & R5755090100 OLD HARBOR TR F BK 9 LT 1 HARBOR PETERSON 16 TERESA R5312901103 T31S R29W TL 1103 UYAK BAY NHN LARSEN BAY SIMEONOFF JR 17 WALTER R5781110030 AKHIOK BK 11A LT 3A NHN AKHOIK SOUARTS(IFF 18 JOAN & R5302903005 T3OS R29W TL 3005 LARSEN BAY NHN LARSEN BAY TUNOHUN LAURA 19 MAE R5755030600 OLD HARBOR TR F BK 3A LT 6A NHN OLD HARBOR Kodiak Island Borough Page 2 of 3 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The preceding properties have been acquired by the Kodiak Island Borough by clerk's deed pursuant to tax foreclosure and have been determined that a public need does not exist and will be sold at the next Kodiak Island Borough Land sale. Section 3: All sealed bid auction will be conducted. All bids must be received by the manager's office by 4 pm on November 26. The bids will be opened on November 27 in the Borough assembly chambers at 9 am. The highest bidder will take ownership. Any required outcry auction will be held at this time. Section 4: The preceding properties numbered 10, 11, and 12 must be sold by outcry auction to satisfy KIBC 18.20.050, which generally states "The sale, lease or other permanent disposal of borough land valued at two hundred fifty thousand (250,000) dollars or more per parcel to any single individual, partnership or corporation (must be) by means of an outcry auction" Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% based on the minimum bid amount shown in the bid packet. The remaining balance must be paid within thirty (30) days. Section 6: All remaining unsold properties after the land sale may be listed online for sale to any approved party for at least the minimum cost. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2008 -10 Bayview Service Area road Maintenance and Repair, Snow Removal and Sanding. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bayview Service Area. Sealed bids were received and opened on April 27, 2007. One bid was received from TC /MK Enterprises. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. Bid schedule is attached. The bid was provided to the Bayview Service Area Board for review and recommendation. Engineering and Facilities Department has not received a response or recommendation from the Bayview Service Area Board to date. The contract will name M.K. Enterprises, LLC as the contractor for this work, and all invoicing, etc. will be provided through this contractor. FISCAL NOTES: Account No.: 246 228 446 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008- 06 with M.K. Enterprises, LLC of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. Type of Labor or Equipment 155< HP GRADER C>4� /S'(6 /9E �lY> 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER CO vd 10 -12 CY END DUMP / DUMP WITH TILT DECK FRONT END LOADER 1 '/2 - 4 ''z CY <7w► �.v 326) PICKUP WITH LABORER r- z5) r -zso LOWBOY TRAILER 63+ HP BACKHOE (4L 59C` $ DD 90/110 ROLLER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Description, Age, & Condition of Equipment /c/r1 / 6? 4 / 19? ) 6ccd -' /5• /c9 6cx! /9q 6<)0c/ /q99 (. S 2C:CG C ;cx,(( / C - )cl Rental and/or Labor Rate /Hour 4 /56 Or, / 92 Ec //3 ce Presently Owned • Or Rented (circle one) OIR O/R O 1 R O/R 01 O/R Oi/ R O/R �O!/ R (0,)/ R O/R R O/R (O %R O/R o CR O/R ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL 1 7 14 7(Y) .) f 4° (.'?.3 (!-7 ✓1 5/, 666 Q /9% %4_' 6LC)C -F7 { cc (,J [ J VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" (If )/C ) 53/) 5 / �Cl �XG I. f 7� ct SL L4 PA-c_ / 999 6�:r.c(1 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP 0)1474.st 9 c=gc,S 2.4) cc LABOR RATE MISCELLANEOUS EQUIP SANDING MATERIAL %4" Rock Chips D -1 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT C16c cl i c $ per Cubic Yard $ per Ton (Proposer: Please attach additional pages if necessary) e r .4( /'1'` "` 9 . �c cc; O/R (0)/ R O/R (O / R R (O /R O/R O/R O/R (OrR O/R O/R O/R O/R The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ '- per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus /C percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2007 through June 30, 2009. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Description, Age, & Rental and/or Equipment Condition of Equipment Labor Rate /Hour 155< HP GRADER (4 / /C) 156> HP GRADER (VI, pioi 86) 8 -10 CY SANDER Cie >8 -10 CY SANDER 't:t r ,S 10 -12 CY END DUMP / DUMP WITH TILT DECK f f �'t �v':� �_'r_�t3,k t� �1� FRONT END LOADER 1 '/2 - 4 '/z CY f PICKUP WITH LABORER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply ff _ F Ztl�j L',41) f 0iCC., l � � c(i -7s /55 °C /q91 6r-x $ MS 996-, ( '( - ` 5( rr. ,?6ra r r yd /Go K T ic rt l c7 cc;1 s /sic (�J Presently Owned Or Rented (circle one) (Oi/ R O/R O// R O/R O/R O/R f 0J/ R O/R (O %R R O1 R (U1R (O' / R LOWBOY TRAILER 63+ HP BACKHOE 5 VC j 4-v 4 DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) WATER T1IUCK 100+ GAL VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" /tia JJRJ,mil V • li') 75> HP DOZER " 5C : , (9 Q 6ccrl RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP LABOR RATE MISCELLANEOUS EQUIP Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT /999* Qoc- -/ $ .SC`; cc 99C (` E c / J 9 ( : ,c- 6 _ . ' c : " , / 4 x C 6,6 s / C% / 9Ct(„6Gcc( 4 % /999 ri(xd - /C,5 O/R 0 O/R (O,)/ R O/R 00Z. O/R O VR; O/R R O/R (O`/ R C0 / R CO/ R O/R O/R O/R (O /R O/R MATERIAL Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Recycled Asphalt Pavement (RAP) $ per Ton (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ 'C% - ` ' per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus iC percent (%) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. (Seal, if proposal is made by a Corporation) Respectfully Submitted: i . _ By: Title: 1.' Date: S _ G %_ �; l Business Address: 2 3,13 f q`a Telephone: i Alaska Contractor's License Number: Expires: / A; Alaska Business License Number: Expires: / > / c O/R O/R O /R NAME OF CONTRACTOR ADDRESS Ay_ 2- ,,�c '4k K 99(-,1:17 To the Borough Manager of the Kodiak Island Borough: Signature: KODIAK ISLAND BOROUGH PROPOSAL of Date: \ \Dove \Departments \EF \Service Districts \Bayview Service Area Board \Road Maintenance Contract 2007 -09 \Proposal 2007.doc Page 1 of 1 The Undersigned proposes to furnish all labor and equipment required in the Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the General Specifications; and that he has made a personal examination of the site of the work and that he is to furnish all labor and equipment specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required within 10 days or such further time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, the said Borough Manager may proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within ten (10) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of contract expiration 30 June 2009. The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (Give number and date each. If not received, write in the word "NONE "). ADDENDA DATE ISSUED ADDENDA DATE ISSUED /--.', OWNER - GENERAL CONTRACTOR AGREEMENT Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area Contract No. 2008- THIS AGREEMENT, made this day of , A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and M.K. Enterprises, LLC. of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs described as follows: in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said M.K. Enterprises, LLC. has hereunto set its hand and seal, the day and year first above written. \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 1 of 4 KODIAK ISLAND BOROUGH M.K. ENTERPRISES, LLC. By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk \\Dove \departments\EF\Service Districts\Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 3 of 4 contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law Brechan Enterprises, Inc. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 4 of 4 SGS Environmental Analytica Group FISCAL NOTES: Account No.: 530 -731 430 -140 Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING TITLE: Contract No. FY2008 -11 Agreement for Analytical Laboratory Services (Landfill Water Monitoring RFB.) SUMMARY: The Kodiak Island Borough Landfill is required to conduct water samples at least twice each year to determine if water quality standards are being met. Bid proposals were requested and the Borough received two responses from SGS Environmental and Analytica Group. The requested contract term is for four years with two one -year optional extensions and is essentially a unit price contract. In the near future the Borough may be required by ADEC to conduct water sampling on a more frequent basis. The estimated cost from each vendor on an annual basis, based on a twice per year sampling protocol is: ITEM NO: 13.A4 Per Year Per 4 Year Contract $11,850 $47,400 $10,312 $41,248 v.f RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008- 11 with Analytica Group of Anchorage, AK for a unit price contract for the period of October 2007 - October 2011. AGREEMENT FOR ANALYTICAL LABORATORY SERVICES This Agreement is entered into as of this day of Island Borough (Client) and Analytica Group (LAB). 2007, by and between Kodiak 1. CONTRACT DOCUMENTS The following documents are incorporated in this Agreement as if fully set forth herein: the Bid Documents for Analytical Laboratory Services, including attachments, submitted. 2. SERVICES During the term of this Agreement, and subject to the conditions herein set forth, whenever it is mutually determined as desirable or necessary, Client may call to perform specific laboratory services. In each instance a separate document will be prepared by Client, each being separately subject to the terms and conditions of this Agreement. Said document will define (1) Scope of Services to be performed, (2) Proposed Schedule of Services, and (3) Estimated Cost of Services. Such documents will be mutually agreed upon by Client and LAB, subject to the terms and conditions of this Agreement, and will be executed by an authorized representative of each party. Any terms or conditions of any purchase or work order submitted hereunder, which is contrary to the terms of this Agreement, shall be void and of no force and effect. 3. WARRANTY Recognizing that the nature of many samples is unknown and that some may contain potentially hazardous components, LAB warrants only that it will perform testing services, obtain findings and prepare reports in accordance with generally accepted analytical laboratory principles and practices at the time of performance of services and in accordance with the LAB Quality Assurance Manual. LAB makes no other warranty, express or implied. At LAB's sole discretion, preliminary results may be given in advance of the laboratory report. Such preliminary results are tentative, subject to confirmation and final review by LAB. Client's use of preliminary results in any manner shall be at Client's sole risk. 4. SCOPE AND COMPENSATION LAB agrees to perform the services outlined in the Bid Documents, dated August 2007. Unless the parties agree in writing to the contrary, the duties of LAB shall not be construed to exceed the services specifically described. Payment terms are net 30 days from the date of receipt of invoice. 5. PRICES Compensation for services performed will be as quoted by LAB in the Bid Documents and on the Bid Sheet. 6. METHODS LAB will use analytical methodologies which are in conformity with the U.S. Environmental Protection Agency (EPA) as outlined in the Bid Documents. LAB reserves the right to deviate from these methodologies, if necessary or appropriate, due to the nature or composition of the sample or otherwise, based on the reasonable judgment of LAB and in accordance with LAB's C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \Content.Outlook \Y4BWTGAC \Agreement for Analytical Lab Services 2007.doc Page 1 of 5 Quality Assurance Manual. Deviation, if any, will be made on a basis consistent with recognized standards of the industry and /or LAB's standard operating procedures. All deviations from analytical methodologies specified in the Bid Documents shall be reported to Client. 7. LIMITATION OF LIABILITY Except as may be stated in the Bid Documents, in the event of any error, omission or other professional negligence, the sole and exclusive responsibility of LAB shall be to re- perform the deficient work at its own expense, and LAB shall have no other liability whatsoever. All claims shall be deemed waived unless made in writing and received by LAB within ninety (90) days following completion of services. LAB shall have no liability, obligation or responsibility of any kind for losses, costs, expenses or other damages (including but not limited to any special, indirect, incidental or consequential damages) with respect to LAB's services or results, except as may be stated in the Bid Documents. All results provided by LAB are strictly for the use of the Client, and LAB is in no way responsible for the use of such results by clients or third parties. All results should be considered in their entirety, and LAB is not responsible for the separation, detachment, or other use of any portion of the results. 8. HAZARD DISCLOSURE Client represents and warrants that any sample delivered to LAB will be preceded or accompanied by complete written disclosure of the presence of any hazardous substances known or suspected by Client. Client further warrants that any sample containing any hazardous substance which is to be delivered to LAB, will be packaged, labeled, transported and delivered properly in accordance with applicable laws. 9. SAMPLE HANDLING Prior to LAB's acceptance of any sample (or after any revocation of acceptance), the entire risk of loss or damage to such sample remains with Client. Samples are accepted when receipt is acknowledged on chain of custody documentation. In no event will LAB have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to LAB's premises. LAB will arrange for the timely shipment of specially prepared sample bottles and sampling instructions per Client instruction as stated in the Bid Documents. Client will ship samples only to the LAB's Anchorage location. Any other shipping arrangements will be at Client's expense. Client will not be responsible for any samples shipped by LAB. Disposal of hazardous waste samples is the responsibility of the Client. If the Client does not wish such samples returned, LAB may add storage and disposal fees to the final invoice. Maximum storage time for samples is 30 days after completion of analysis, unless modified by applicable state or federal laws. Client will be required to give LAB written instructions concerning disposal of these samples. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files\ Content .Outlook \Y4BWTGAC \Agreement for Analytical Lab Services 2007.doc Page 2 of 5 LAB reserves the absolute right, exercisable at any time, to refuse to receive delivery of, refuse to accept or revoke acceptance of any sample which, in the sole judgment of LAB, (a) is of unsuitable volume, (b) may be or become unsuitable for, or may pose a risk in handling, transporting or processing for any health, safety, environmental or other reason, whether or not due to the presence in the sample of any hazardous substance, and whether or not such presence has been disclosed to LAB by Client or (c) has been delivered to the LAB more than 72 hours after sampling or if one half of the recommended holding time for the analysis has lapsed. 10. LEGAL RESPONSIBILITY LAB is solely responsible for performance of this Agreement, and no affiliated company, director, officer, employee or agent shall have any legal responsibility hereunder, whether in contract or tort, including negligence. 11. TERM OF AGREEMENT; TERMINATION This Agreement will be for an initial term commencing on the date hereof, and ending at the end of the fourth calendar year in which the Agreement was fully executed, and may be renewed for two (2), one (1) year extensions upon written approval of both parties. This Agreement may be terminated by Client at any time. If this Agreement is terminated, Client will pay company for services performed to the date LAB receives notice of termination. The obligations of the parties to indemnify and the limitations on liability set forth in this Agreement shall survive the expiration or termination of this Agreement. 12. LAWS AND REGULATIONS Both parties will be entitled to regard all applicable laws, rules, regulations and orders issued by any federal, state, regional or local regulatory body as valid and may act in accordance therewith until such time as the same may be modified or superseded by such regulatory body or invalidated by final judgment in a court of competent jurisdiction, unless prior to such final judicial determination, the effectiveness of such law, rule or regulation has been stayed by an appropriate judicial or administrative body having jurisdiction. 13. ASSIGNMENT Neither party to this Agreement may delegate, assign or otherwise transfer its rights and interests or duties and obligations under this Agreement without the prior written consent of the other party. 14. ATTORNEYS' FEES AND COSTS If any action or proceeding is commenced to enforce or interpret any of the terms or conditions of this Agreement or the performance thereof, including the collection of any payments due hereunder, the prevailing party will be entitled to recover all reasonable attorneys' fees and court costs. If LAB is requested to respond to any mandatory orders for the production of documents or witnesses on Client's behalf regarding work performed by LAB, Client agrees to pay all costs and expenses incurred by LAB not reimbursed by others in responding to such order, including attorneys' fees, staff time at current billing rates and reproduction expenses. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \Content.Outlook \Y4BWTGAC \Agreement for Analytical Lab Services 2007.doc Page 3 of 5 15. GOVERNING LAW This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Alaska, unless otherwise agreed to in writing by the parties. 16. SEVERABILITY Any provision of this Agreement held in violation of any law will be deemed stricken, and all remaining provisions shall continue valid and binding upon the parties. The parties will attempt in good faith to replace any invalid or unenforceable provision(s) of this Agreement with provisions which are valid and enforceable and which come as close as possible to expressing the intention of the original provisions. 17. FLOW -DOWN AND JOB - SPECIFIC PROVISIONS LAB acknowledges that its participation in certain work assignments may be contingent upon its acceptance of additional provisions including, but not limited to, obligations to secure bonds, increase insurance limits or sign non - disclosure agreements as may be required by the type of work or the terms of a contract between Client and third party. Client shall present such requirements to LAB for its review and appropriate provisions shall be included in the Purchase Order for the work. 18. DATE DELIVERABLES LAB will provide data deliverables as outlined in the Bid Documents. 19. FORCE MAJEURE LAB shall have no responsibility or liability to the Client for any failure or delay in performance by LAB which results in whole or in part from any cause or circumstance beyond the reasonable control of LAB. Such causes and circumstances shall include, but not be limited to, acts of God, acts of Client, acts or orders of any government authority, strikes or other labor disputes, natural disasters, wars, civil disturbances, or any other cause beyond LAB's reasonable control. LAB accepts all responsibility and liability for samples sent by it to another location. 20. ENTIRE AGREEMENT This Agreement, consisting of the Bid Documents and any attachments, constitutes the entire agreement between Client and LAB. It supersedes any and all prior written or oral agreements, negotiations, or proposals, or contemporaneous communications with respect to the subject matter hereof, and has not been induced by any representations, statements, or agreements other than those herein expressed. No amendment to this Agreement hereafter made between the parties will be binding on either party unless reduced to writing and signed by authorized representatives of both parties. The parties hereto have read this Agreement and accept all of its terms and conditions subject to those modifications, if any, which are typed or handwritten on the Agreement or attached and incorporated herein and which have been initialed by all contracting parties. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \Content.Outlook \Y4BWTGAC \Agreement for Analytical Lab Services 2007.doc Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. KODIAK ISLAND BOROUGH ANALYTICA GROUP By By Rick Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files\ Content .Outlook \Y4BWTGAC \Agreement for Analytical Lab Services 2007.doc Page 5 of 5 Pricing - Special Considerations Value Added Services Analytical Laboratory Services RFB 2007 • All prices include sampling containers with preservatives, coolers, packing, freezing materials, sampling instructions, chain -of- custody forms and seals, prepaid standard shipment of coolers to Kodiak, and electronic results, including COC via email in a .pdf format + Excel EDD for the VOC's. • Sample Kits - Analytica will preprint Chain of Custody's per KIB Landfill Scope of Work (SOW), which includes labeling all sample bottles with the appropriate test required. This value added service will save KIB time and money and reduce risk by insuring documented accuracy for each sampling event. This service is provided to KIB at no additional charge. • Scheduling - Analytica will schedule KIB Landfill SOW into our automated Laboratory Information Management System (LIMS) "scheduler" and ship kits based on a predetermined date established by KIB without further notification from KIB. This value added service will save KIB time and money and reduce risk by insuring time sensitive shipments for each sampling event. This service is provided to KIB at no additional charge. Project Description Below are Analytica's comments /responses to specific items addressed by KIB in the PROECT DESCRIPTION sections of the RFP: 4. Other Requirements a. Certification: Our ADEC laboratory certification for: Laboratories Certified to Perform Chemical Analyses of Drinking Water can be viewed at: http: / /www.dec. state .ak.us /eh /lab /certchemlabs.aspx. Microbiological Contaminants in Public Drinking Water can be viewed at: http: // www. dec .state.ak.us /eh/lab /labs.htm. Contaminated Sites can be viewed at at: http: // www. dec. state.ak.us /eh /lab/USTLabs.aspx. ADEC is phasing out the distribution of paper certificates in lieu of the information available at their above website links. However certificates made available by ADEC at the time of this bid are enclosed. Analytica Group certification includes at a minimum inorganic chemicals, organic chemicals, volatile organic compounds, physical contaminants, and microbiological analysis. All tests methods will be conducted by Analytica Group. The two laboratory facilities assigned to support the KIB Landfill SOW are located in Anchorage, Alaska and Thornton, Colorado. The C: \Users \Elizabeth\Desktop \Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 1 of 11 Analytical Laboratory Services RFB ` 2007 Anchorage facility will conduct all tests requested on the Bid Sheets with the exception of the VOC's and metals which will be forwarded and conducted in our Thornton facility. Project Management which includes all immediate customer service needs, data reporting and technical interpretation for this contract will be assigned to Ms. Krissy Plett, locally employed at our facility in Anchorage. Krissy Plett will be KIB's single point of contact in Anchorage. Analytica does not participate in the US EPA EMSL/Cincinnati Water Pollution QA Program. However, as required by ADEC and EPA we do participate annually in the DMRQA & WS Chemistry studies. Documentation for our January - December 2006 results is enclosed. 2007 DMRQA & WS Chemistry results will not be available until the end of September at which time copies will be forwarded upon request. DMRQA are associated with the same program and illustrate the same information. WP samples are for NPDES (as is DMRQA), and WS is for SDW. b. Quality Assurance /Quality Control Program. Analytica has developed a consolidated QA Plan and SOP's followed by all facilities. — (see enclosure). All analysis is performed in strict accordance with state methods and procedures and the laboratory's QA/QC plan. Analytica has reviewed the Kodiak Island Borough's Quality Assurance Program for the leachate, weir, surface water, and groundwater samples (now identified as surface wells), understands and has taken into consideration all laboratory- related portions of that document. Quality Control Checks — Analytica's QA/QC exceeds the QC Checks listed on page 24 of the RFP and can report protocols and procedural checks assuming enough sample volume is provided by KIB to the laboratory. c. Reporting Data Deliverables: An example data report is enclosed. Analytica will report the VOC compounds in the order requested by KIB in Table 1 with the use of an additional EDD in Excel format. There is a one -time set up charge for the EDD which has been built into the line item cost of the analysis. Analytica formally requests specific detection limit requirements for VOC 8260, 8011 and Total Metals 200.8/200.7 in advance of the contract start date. d. Standard Turnaround Time: Analytica will report all data within 30 working days from date of sample receipt and acceptance at the laboratory. Reduction in the unit prices has been taken into consideration for the slower turnaround and is reflected in the KIB Bid Sheets (1 -5) enclosed. Samples will not be analyzed beyond its allowable storage time (hold time) without the written approval of KIB. e. All prices include sampling containers with preservatives, coolers, packing, freezing materials, sampling instructions, chain -of- custody forms and seals, prepaid standard shipment of coolers to Kodiak, and electronic results, including COC via email in a .pdf format + Excel EDD for the VOC's. f. Conditions and Liability: Analytica will not be liable for consequential damages, resampling costs, or similar KIB expenses unless these cost are caused as a direct result of Analytica's negligence and shall not exceed the total cost of the specific services performed. Third party acts of negligence, errors or omissions, acts of God will release Analytica from liability for any reimbursement. Client agrees to indemnify and hold harmless Analytica from any claims to include re- sampling costs resulting from missing a C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 2 of 11 g. - regulated- holding- time - if -samples ure - Teceiveci - with less than 't the prescribed Meting time remaining. Analytica will make every effort to meet the holding time regardless of the holding time left. Samples will not be analyzed beyond its allowable storage time (hold time) without the written approval of KIB. KIB payment terms are acceptable to Analytica, 30 days from date of invoice. Other Costs: Analytica will notify KIB of any analytical complexities requiring special procedures, multiple reruns, and special handling due to complicated matrices. Customary charges will be nominal, reasonable, and agreed to by KIB in advance at the time of notification. Decontamination water and supplies — If decontamination water and associate bottles are requested by KIB, Analytica will charge extra for these items at our cost. h. Agreed i. Agreed j. Agreed Analytical Laboratory Services RFB 2007 k. Laboratory Project Manager: Project Management which includes all immediate customer service needs, data reporting and technical interpretation for this contract will be assigned to your single point of contact - Ms. Krissy Plett, locally employed at our facility in Anchorage. NOTE: EPA Methods — Analytica will run methods pursuant to those requested in the Bid Sheets, however please be advised that EPA has discontinued and/or replaced some of KIB's current methods with newly promulgated methods per 40 CFR. (see attached). Please notify Analytica of any future method changes based on the requirements of your landfill permit. C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 3 of 11 Analytical Laboratory Services RFB BID SHEETS ANALYTICAL TESTING PARAMETERS FOR KIB LANDFILL WATER QUALITY MONITORING 2007 C:\ Users \Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 4 of 11 Parameter Recommended EPA Method Report As COST Ammonia (NH 350.1 or 350.2 or 350.3, depending on the concentration ppm $19.00 , u, Kjeldahl Nitrogen (TKN) * 351.3 or 351.1 ppm $39 .00 y Total Dissolved Solids (TDS) 160.1 ppm $19.00 Chemical Oxygen Demand (COD) 410.1 ppm $42.00 - c ( Biological Oxygen Demand (BOD) - 5 day 405.1 ppm $42.00 , Metals EPA 200 Series ppb Prep Included Antimony (total) 200.8 • $10.00 1,)h,7 Arsenic (total) 200.8 $10.00 Barium (total) 200.8 $10.00 Beryllium (total) 200.8 $10.00 Cadmium (total) 200.8 $10.00 Chromium (total) 200.8 $10.00 Cobalt (total) 200.8 $10.00 Copper (total) 200.8 $10.00 Iron (total) 200.7 $10.00 Lead (total) 200.8 $10.00 Manganese (total) 200.8 $10.00 Nickel (total) 200.8 $10.00 Selenium (total) 200.8 $10.00 Silver (total) 200.8 $10.00 Thallium (total) 200.8 $10.00 Vanadium (total) 200.8 $10.00 Zinc (total) 200.8 $10.00 Volatile Organic Compounds b c 25 ML Purge + EDD 8260 . $115.00 ., U TOTAL COST $446.00 •." Analytical Laboratory Services RFB B1D- SHEET 1 OF 5- Leachate & Weir Water Quality Monitoring Parameters Sample Location L -1, W -2 and One Duplicate, 1 Temp Blank, 1 Trip Blank est Methods for Evaluating Solid Waste, EPA SW 846, current edition, as amended; and Methods for Chemical Analysis of Water and Wastes, EPA - 600/4- 79020, current edition, as amended. b List of Volatile Organic Compounds in Table 1; adapted from 40 CFR 258 Appendix 1 c M ethod 8260 except for parameters in rows 13 & 14; these require SW 8011 *NPDES Requirement 2007 C: \Users\Elizabeth\ Desktop \Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 5 of 11 Parameter EPA Method Report As COST Ammonia (NH 350.1 or 350.2 or 350.3, depending on the concentration ppm $19.00 Kjeldahl Nitrogen (TKN) 351.3 or 351.1 ppm $39.00 Total Dissolved Solids (TDS) 160.1 ppm $19.00 Biological Oxygen Demand (BOD) 405.1 ppm $42.00 Iron (total) EPA 200 ppb $10.00 Manganese (total) EPA 200 ppb $10.00 Benzene 8260 + EDD ppb $85.00 TOTAL COST $224.00 G ; Analytical Laboratory Services RFB 2007 —RID SHEET —2-0-F 5 Surface Water Quality Monitoring Parameters Sample Location S -1, S -B, S -5, Temp Blank, Trip Blank 'Test Methods for Evaluating Solid Waste, EPA SW 846, current edition, as amended; and Methods for Chemical Analysis of Water and Wastes, EPA - 600/4- 79020, current edition, as amended. * NPDES Requirement 7 (' C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 6 of 11 Parameter EPA Method Report As COST Ammonia (NH 350.1 or 350.2 or 350.3, depending on the concentration ppm $19.00 Kjeldahl Nitrogen (T(N) 3.51.3 or 351.1 ppm $39.00 Total Dissolved Solids (TDS) 160.1 ppm $19.00 Chemical Oxygen Demand (COD) 353.2 ppm $42.00 Biological Oxygen Demand (BOD) 405.1 ppm $42.00 Metals EPA 200 Series ppb Prep Included Antimony (total) 200.8 • $10.00 Arsenic (total) 200.8 $10.00 Barium (total) 200.8 $10.00 Beryllium (total) 200.8 $10.00 Cadmium (total) 200.8 $10.00 Chromium (total) 200.8 $10.00 Cobalt (total) 200.8 $10.00 Copper (total) 200.8 $10.00 Iron (total) 200.7 $10.00 Lead (total) 200.8 $10.00 Manganese (total) 200.8 $10.00 Nickel (total) 200.8 $10.00 Selenium (total) 200.8 $10.00 Silver (total) 200.8 $10.00 Thallium (total) 200.8 $10.00 Vanadium (total) 200.8 $10.00 Zinc (total) 200.8 $10.00 Volatile Organics Benzene 8260 + EDD $85.00 Chlorobenzene 8260 • Incl. TOTAL COST $416.00 ■ * NPDES Requirement Analytical Laboratory Services RFB 2007 BID SHEET 3 OF 5 Surface Water Quality Monitoring Parameters Sample Location S -7, Temp Blank, Trip Blank a Test M et h o d s for Evaluating Solid Waste, EPA SW 846, current edition, as amended; and . Methods for Chemical Analysis of Water and Wastes, EPA - 600/4 79020, current edition, as amended. C:\Users\Elizabeth \Desktop \Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 7 of 11 Parameter EPA Method Report As COST NH - Ammonia 350.1 or 350.2 or 350.3, depending on the concentration ppm $19.00 Total Dissolved Solids (1DS) 160.1 ppm $19.00 Chemical Oxygen Demand (COD) 353.2 ppm $42.00 Biological Oxygen Demand (BOD) 405.1 ppm $42.00 Metals EPA 200 Series ppb Prep Incl. Antimony (total) 200.8 • $10.00 Arsenic (total) 200.8 $10.00 Barium (total) 200.8 $10.00 Beryllium (total) 200.8 $10.00 Cadmium (total) 200.8 $10.00 Chromium (total) 200.8 $10.00 Cobalt (total) 200.8 $10.00 Copper (total) 200.8 $10.00 Iron (total) 200.7 $10.00 Lead (total) 200.8 $10.00 Manganese (total) 200.8 $10.00 Nickel (total) 200.8 $10.00 Selenium (total) 200.8 $10.00 Silver (total) 200.8 $10.00 Thallium (total) 200.8 $10.00 Vanadium (total) 200.8 $10.00 Zinc (total) 200.8 $10.00 Volatile Organic Compounds 8260 + EDD $115.00 Benzene Incl. Chlorobenzene Incl. Chloroform Incl. Acetone ♦ Incl. TOTAL COST $407.00 Analytical Laboratory Services RFB 2007 BID SHEET 4 OF 5 Surface Well Water Quality Monitoring Parameters Sample Location SW -2, SW -3, SW -5, One Duplicate, Temp Blank, Trip Blank, One Matrix Spike, One Matrix Spike Duplicate (VOC & Metal) C: \Users\Elizabeth \Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 8 of 11 Analytical Laboratory Services RFB 2007 - 'T�stMethods for Evaluating guild Wage, EPA - SW 8 current edition, as amend d; and Methods for Chemical Analysis of Water and Wastes, EPA - 600/4- 79020, current edition, as amended. BIDSHEET5OF5 • OTHER REQUIRED BID INFORMATION 1. Cost for each cooler pick -up trip to local airport if samples are returned terminal -to- terminal: $25.00 per trip 2. Location(s) at which laboratory analysis will be performed: Anchorage, Alaska; Thornton, Colorado (see 4.a above) 3. Premium for faster turnaround times and /or reduction in price for slower than 15 working days turnaround time: _5 Day = Unit Price + 25 %; 3 Day = Unit Price + 50 %; 1 -2 Day = Unit Price + 100% The following items shall be included as part of the bid submittals: 1. Provide applicable laboratory certifications. Our ADEC laboratory certification for Laboratories Certified to Perform Chemical Analyses of Drinking Water can be viewed at http: / /www.dec. state. ak.us /eh/lab /certchemlabs.aspx. Our ADEC certification for testing Microbiological Contaminants in Public Drinking Water can be viewed at http: / /www.dec.state.ak.us /eh /lab /labs.htm. Our certification for testing Contaminated Sites can be viewed at http: / /www.dec. state .ak.us /eh/lab /USTLabs.aspx. 2. Signed copy of Laboratory QA/QC Program. — Enclosed 3. Sample data report. - Enclosed TOTAL COST BID SHEET 1 OF 5 TOTAL COST BID SHEET 2 OF 5 TOTAL COST BID SHEET 3 OF 5 TOTAL COST BID SHEET 4 OF 5 TOTAL COST BID SHEET 5 OF 5 GRAND TOTAL End of Bid Sheet $ 446.00 $ 224.00 $ 416.00 $ 407.00 $ 1,493.00 By: ` "Elizabeth Rensch SW' Title: _Dir. Business Development_ Date: __08/28/2007 C: \Users \Elizabeth\Desktop \Kodiak RFP \Submittals \Pricing, Special Considerations, Bid Sheets.doc Page 9 of 11 Analytical Laboratory Services RFB 2007 Tabled List of Required Volatile Organic Compounds from 40 CFR 258 - Appendix I C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 10 of 11 Commoh Name a • CAS RN h Report,111 as ppb 1 Acetone 67 -64 -1 2 Acrylonitrile 107 -13 -1 3 Benzene 71 -43 -2 4 Bromochloromethane 74 -97 -5 5 Bromodichloromethane 75 -27 -4 6 Bromoform; Tribromomethane 75 -25 -2 7 Carbon Disulfide 75 -15 -0 8 Carbon Tetrachloride 56 -23 -5 9 Chlorobenzene 108 -90 -7 10 Chloroethane; Ethyl chloride 75 -00 -3 11 Chloroform; Trichloromethane 67 -66 -3 12 Dibromochloromethane; Chlorodibromomethane 124 -48 -1 13 1,2- Dibromo -3- chloropropane; DBCP 96 -12 -8 14 1,2- Dibromoethane; Ethylene dibromide; EDB 106 -93 -4 15 o-Dichlorobenzene; 1,2-Dichlorobenzene 95 -50 -1 16 p- dichlorobenzene; 1,4- Dichlorobenzene 106 -46 -7 17 Trans -1,4- Dichloro -2 butene 110 -57 -6 18 1,1- dichloroethane; Ethylidene chloride 75 -34 -3 19 1,2- Dichloroethane; Ethylene dichloride 107 -06 -2 20 1,1- Dichoroethylene; 1,1- Dichloroethene; Vinylidene chloride 75 -35 -4 21 Cis -1,2- Dichloroethylene; cis -1,2- Dichloroethene 156 -59 -2 22 Trans- 1,2- Dichloroethylene;trans -1,2- Dichloroethene 156 -60 -5 23 1,2- dichloropropane; Propylene dichloride 78 -87 -5 24 Cis -1,3- Dichloropropene 25 Trans -1,3- Dichloropropene 10061 -02 -6 26 Ethylbenzene 100 -41 -4 27 2- Hexanone; Methyl butyl ketone 591 -78 -6 28 Methyl bromide; Bromomethane 74 -83 -9 29 Methyl chloride; Chloromethane 74 -87 -3 30 Methylene bromide; Dibromomethane 74 -95 -3 31 Methylene chloride; Dichloromethane 75 -09 -2 32 Methyl ethyl ketone; MEK; 2- Butanone 78 -93 -3 Analytical Laboratory Services RFB 2007 Tabled List of Required Volatile Organic Compounds from 40 CFR 258 - Appendix I C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 10 of 11 Analytical Laboratory Services RFB 2007 33 Methyl iodide;1odomethane _.. 74 =B8 -4 List of Required Volatile Organic Compounds (Continued) a Common names are those widely used in government regulations, scientific publications and commerce; synonyms exist for many chemicals b Chemical Abstracts Service Registry number. Where "Total" is entered, all species in the ground water that contain this element are included. c Use Method SW 8011 Note: This list contains 47 volatile organics for which possible analytical procedures provided in EPA Report SW -846 "Test Methods for Evaluating Solid Waste ", Third edition, November 1986, as revised December 1987, includes Method 8260. C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 11 of 11 Common Name a CAS RN b Report All As ppb 34 4- methyl -2- pentanone; Methyl isobutyl ketone 108 -10 -1 • 35 Styrene 100 -42 -5 36 1,1,1,2- Tetrachloroethane 630 -20 -6 37 1,1,2,2- Tetrachloroethane 79 -34 -5 38 Tetrachloroethylene; Tetrachloroethene; Perchloroethylene 127 -18 -4 39 Toluene 108 -88 -3 40 1,1,1- Trichloroethane; Methylchloroform 71 -55 -6 41 1,1,2- Trichloroethane 79 -00 -5 42 Trichloroethylene; Trichloroethene 79 -01 -6 43 Trichlorofluoromethane; CFC -11 75 -69 -4 44 1,2,3- Trichloropropane 96 -18 -4 45 Vinyl acetate 108 -05 -4 46 Vinyl chloride 75 -01 -4 47 Xylenes 1330 -20 -7 T Analytical Laboratory Services RFB 2007 33 Methyl iodide;1odomethane _.. 74 =B8 -4 List of Required Volatile Organic Compounds (Continued) a Common names are those widely used in government regulations, scientific publications and commerce; synonyms exist for many chemicals b Chemical Abstracts Service Registry number. Where "Total" is entered, all species in the ground water that contain this element are included. c Use Method SW 8011 Note: This list contains 47 volatile organics for which possible analytical procedures provided in EPA Report SW -846 "Test Methods for Evaluating Solid Waste ", Third edition, November 1986, as revised December 1987, includes Method 8260. C: \Users\Elizabeth\Desktop\Kodiak RFP \Submittals\Pricing, Special Considerations, Bid Sheets.doc Page 11 of 11 TITLE: Resolution No. FY2008 -06 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. SUMMARY: Kodiak Island Borough Code 2.16.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest. The attached list of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -06. ITEM NO: 13.B.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -06 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE RECORDS MANAGER TO DISPOSE OF CERTAIN KODIAK ISLAND BOROUGH RECORDS Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Records Manager Introduced: 09/20/2007 Adopted: WHEREAS, Resolution No. 95 -01 and amendments provides the minimum retention requirements for specific records; and WHEREAS, the department directors have reviewed and authorized the destruction of the specific records attached to this resolution; and WHEREAS, Kodiak Island Borough Code 2.16.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest; and WHEREAS, with the exception of the CD -10, MG -01 and PE -10 documents which are covered by the Exxon Valdez retention order, and which should be retained; and WHEREAS, requested that based on court proceedings involving the mental health center, all computerized mental health records be maintained 1985 forward; and WHEREAS, the attorney found no other documents on the list which have unusual legal, administrative, or historical interest; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The attached lists of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. Section 2: These records may be destroyed as provided by Kodiak Island Borough Code 2.16.200.B. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Page 1 of 4 I FINANCE DEPARTMENT SERIES# RECORD SERIES COMMENTS LOCATION FI -06 Journal Vouchers February — June 2000 A -2 -09 FI -06 Journal Vouchers July 1999 — January 2000 A -1 -13 FI -07 Property Tax Accounting January — December 1999 A -3 -09 FI -13 Accounts Payable A, FY2000 A -1 -15 FI -13 Accounts Payable B — D, FY2000 A -1 -14 FI -13 Accounts Payable E — J, FY2000 A -6 -09 FI -13 Accounts Payable K — L, FY2000 A -4 -09 FI -13 Accounts Payable M — R, FY2000 A -5 -09 FI -13 Accounts Payable S — Z, FY2000 A -7 -09 FI -14 Accounts Receivable December 1998 — August 1999 A -3 -10 FI -14 Accounts Receivable September 1999 — June 2000 A -2 -10 FI -15 Accounts Receivable July 1999 A -3 -11 FI -15 Accounts Receivable July 1999 — June 2000 A -5 -10 RECORD SERIES COMMENTS SERIES BOROUGH CLERK=. (ELECTION SERIES) Voted Ballots Municipal Election — October 3, 2006 - FY Hall 2007 Voted Ballots Municipal Election — October 7, 2003 — FY 2004 E -3 -04 SERIES IDC -01 DC -01 DC -03 DC -07 DC -08 RECORD SERIES Parent Files Parent Files Financial Reporting Statistical Child Care Provider Reports Provider Files Kodiak Island Borough CHILD CARE COMMENTS 1999 — 2000 Parent Files; N - Z 1999 — 2000 Parent Files, A - M 1999 — 2000 FABR Attendance and Billing Reports 1999 — 2000 Stat Reports0 1999 -2000 Provider Files COMMUNITY DEVELOPMENT RECORD SERIES COMMENTS Planning & Zoning Board January to Docombor 1992 Agonda Packet& Agenda Packet& CD -11 Junk Removal Files Jan 2000 — Nov 2000 Junk Vehicles, 1997 — 1999 Various Junk Vehicle files LOCATION J -6 -01 H -5 -13C J -6 -02B J -6 -02A H -5 -13C Page2of4 FI -15 Accounts Receivable August 1999 A -1 -16 F1 =15 Accounts Receivable September 1999 — October 1 — 15, 1999 A -7 -10 FI -15 Accounts Receivable October 16 — November 30, 1999 A -6 -10 FI -15 Accounts Receivable December 1999 - January 2000 A -4 -11 FI -15 Accounts Receivable April 28, 2000 A -4 -10 FI -15 Accounts Receivable May — June 2000 A -2 -11 FI -19 Bank Reconciliation Bank Recon. 98; Sweep Acct. 98; VISA/MC 98 -99; Acct. Analysis 99 -00 A -6 -11 FI -19 Bank Reconciliation 1999 -2000 A -5 -11 FI -21 Cancelled Checks FY2000 A -5 -08 FI -22 Employee Case Files PKIMC Human Resources — Jan 94 — June 94 H -2 -03 FI -22 Employee Case Files PKIMC Human Resources — July 94 — June 95 H -1 -03 FI -22 Employee Case Files PKIMC Human Resources — July 95 — June 96 H -1 -01 FI -22 Employee Case Files PKIMC Human Resources — July 95 — Dec 96 H -2 -01 FI -33 Baler Monthly Acct. Reports Jan 00 — June 00 A -7 -11 FI -33 Baler Monthly Acct. Reports July 99 — June 00 A -1 -17 FI -33 Baler Monthly Acct. Reports FY2000 A -1 -18 FI -33 Baler Monthly Acct. Reports July 99 - Dec 99 A -2 -12 FI -34 Sanitation Monthly Acct. Reports July 99 - June 00 A -3 -12 FI -37 Grant Files Combined w /dept. Grant files — FY 97 — FY 00 A -4 -12 FI -37 Grant Files FY 97 - 00 A -5 -12 FI -37 Grant Files FY 94 — 97; FY 98 — 00 A -6 -12 FI -38 Mental Health Center Acct. FY1997 A -6 -08 FI -38 Mental Health Center Acct. FY1998 A -7 -07 FI -42 JE Edits FY2004 A -4 -03 FI -42 JE Edits FY2005 A -5 -2 Kodiak Island Borough Page 3 of 4 SERIES CORD SERIE MG-04 iManagor'c Admin. File& ICorrespondenco FY 1991 1999 Fichoriec Iscuos, Crab Rohab 96 08, MG-04 Managor'c Admin. Filo& SERIES OM - 04 SERIES Kodiak Island Borough RECORD SERIES Litigation Case Files OM -19 Nonprofit Organization Files FY2000 — Non - profits Airport Committoos, Studio& &- Reports �+I AGER'S.OFFICE COMMENTS MAYOR'S OFFICE (PRE -1998) COMMENTS FY1997 - KIB, Case Foreclosures, Transient Accommodations. PERSONNEL MANAGEMENT RECORD SERIES COMMENTS FY1991 (Clerk'c Offico rotains originals.) These records totaling cu. ft. were destroyed on LOCATION I -3 -10C -3 -10C LOCATION F 4 02 Page 4 of 4 TITLE: Resolution No. FY2008 -07 Adopting State Legislative Capital Improvement Projects Priority List for the 2008 session of the Alaska State Legislature. SUMMARY: This resolution compiles the list of legislative priorities for the Kodiak Island Borough for the next session of the Alaska Legislature. We have been notified by our Kodiak delegation that successful funding of our capital projects is increased if they are included in the Governor's Budget. This list is one that we will forward to the governor as well as the Kodiak Legislative Delegation as our most important projects. Some of the projects listed are ones that have gone through the 2006 Borough CIP process and are projects that have generally been forwarded by the Borough's Planning and Zoning Commission, the School District, City of Kodiak, Providence Hospital and the Village Mayors. This list represents the Borough's legislative priorities, ones that our lobbyist will be directly involved in his effort to educate other legislators and administrative staff. Our formal CIP process is on -going and will result in a large master list of projects that the Assembly is used to seeing. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING J RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -07. ITEM NO. 13.B.2 CORRECTED COPY KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -07 Introduced by: Manager Gifford Requested by: Assembly Drafted by: CDD Director Cassidy Introduced: 09/20/2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2008 LEGISLATIVE SESSION WHEREAS, The Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six (6) incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough — wide state legislative capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the major needs of the island community for the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2008 legislative session are as follows: 1. Kodiak Island Borough School Seismic Vulnerability Upgrades Total cost for the project: $4,463,711 State funding request: $1,815,000 Kodiak School facilities have been examined for their ability to withstand earthquakes that occur frequently in Kodiak. A structural engineering firm was contracted to perform the calculations and review potential ground motions and determine how these buildings would respond to ground shaking. Many of the buildings have been found to be deficient, but with seismic retrofitting and a benefit/cost analysis that demonstrates that these upgrades are cost efficient, these community facilities can have an extended useful life. The dollar figure associated with this requests is derived by taking the total cost of the projects identified in the engineering study; adds the increase in building cost escalation; then subtracts the amount of total federal and state grants that the Borough has received to date for these projects as well as the local Borough contribution to these grants and general fund contribution. 2. Kodiak Near Island AD &FG Building and Research Facility Total cost for the project: $13,200,000 State funding request: $3,650,000 Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal research facility counterpart will have many obvious advantages; information sharing is just one. But the real justification for a new state research facility is the shortcomings found in the existing ADF &G building constructed in 1973. These deficiencies have been identified in the ASCG "Condition Survey" study of the existing building performed in 2002. A second "Needs Assessment" report demonstrated that there is a need for additional research and administrative space (approximately 60% more), which includes basic lab space (which has been turned into office space in the existing building. Though the cost of construction of a new facility is estimated to be Kodiak Island Borough Page 1 of 4 CORRECTED COPY over $13,200,000, KIB is requesting 50% of that amount from the Exxon Valdez Oil Spill (EVOS) Trustee Council. That request is associated with the "research" portion of the facility. The Borough will revenue bond the amount above and beyond what has been acquired through state legislative appropriations and federal sources. The Borough has received $2,950,000 in state appropriations. 3. Feasibility Study of an Island -Wide Comprehensive Transportation System Total cost for the project: $250,000 State funding request: $250,000 This feasibility study will examine the comprehensive need for an island -wide air, road, and marine transportation system including rural ferry service. This important study will examine the current infrastructure found around the island and make recommendations for logical development. Infrastructure improvements are important in developing private enterprise and making many of these communities sustainable. These rural transportation services can be an extension of and connecting to existing air and ferry service based in the Kodiak community. Such a study is of major significance since freight and bulk fuel delivery companies have recently ended service to villages on Kodiak Island. 4. Womens Bay Emergency Shelter Total cost for the project: $700,000 State funding request. $700,000 There is no emergency shelter in the Womens Bay community. Womens Bay is located 8 miles from town and 2 miles from the USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. A proposed 2,500 square foot addition with an emergency generator is proposed. 5. Emergency Generators for Schools /Emergency Shelters Total cost for the project: $1,593,000 State funding request. $1,593,000 Many of our in -town and village school facilites act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. There is a need to equip these school facilites with emergency generators to provide power for sheltering needs and as back -up power during short term loss of electricity. These generators will be housed permanently at these school facilities and become part of the building. Located at these sites, they can be tested and operated and maintained as part of the service to the overall school building. 6. East Elementary Traffic Flow Improvements Total cost for the project: $495,000 State funding request. $495,000 Design and reconfiguration of the existing parking area will provide for a safer separation of pedestrians, small vehicle traffic and bus loading and unloading as well as reduce risks. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load. Kodiak Island Borough Page 2 of 4 CORRECTED COPY 7. Service Area Paving Total cost for the project: $4,000,000 State funding request. $2,500,000 This project would address the need to pave portions of the service area either main thoroughfares or busy neighborhood roads. Along with the paving or roads would come improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood because Kodiak road construction material breaks down easily into fine air borne dust and volcanic ash. Kodiak is at the right temperature for daily freeze of road bed material that promotes major maintenance issues with the development of pot holes. Residents located within the paving area may contribute through a local improvement district a percentage of the engineering and improvement costs. Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce the cost to the residents. The Borough's total paving needs exceed the total estimated project costs, therefore projects will be phased in and completed on a priority basis as funding is available. 8. Bayside Volunteer Fire Department Building Addition Total cost for the project: $2,300,000 State funding request. $1,900,000 This proposed multi -use facility will be used for the new fire fighting vehicles recently purchased by the district as well as an emergency shelter during times of need. This Fire Protection Area is the largest on Kodiak serving the majority of the population outside the city limits of the City of Kodiak. The Board of this service area has been setting aside money each budget cycle towards the construction of this addition and will be a major contributor in the financing of this facility. To date that amount is $400,000. 9. Baranof Park Improvements Total cost for the project: $5,000,000 State funding request. $2,500,000 This project will replace the aging track, field drainage, and bleacher area in Baranof Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the Park. Baranof Park is a regional recreational facility that serves not only City residents, but the entire region. The park serves as an important educational facility for both Kodiak Middle School and Kodiak High School, neither of which have any other outdoor educational facilities. Improvements to Baranof Park are estimated to cost $5 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. The City of Kodiak is moving forward with the development of detailed engineering plans and bid specifications for these needed improvements. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. 10. PKIMC — Completion of Unfinished Space Total cost for the project: $350,000 State funding request. $350,000 A large area of the basement of the hospital building is presently utilized as storage space. This area can be turned into a needed conference and training room. This is an important need in a facility that is presently at capacity for use. Kodiak Island Borough Page 3 of 4 CORRECTED COPY 11. Operating Room and Radiology Expansion and Renovation Total cost for the project: $1,961,000 State funding request. $1,961,000 This project would add on space to the north of the hospital in the vicinity of the Operating Room and Radiology Lab. This space would allow for an orthopedic surgeon and permanent location of an MRI. 12. Traffic Safety Lighting - From the City of Kodiak to the Kodiak State Airport. Total cost for the project: $2,500,000 State funding request. $2,500,000 Having a lighted traffic way to the island's major state airport is important. Most Kodiak residents travel to the airport to leave the island, but also to pick up or drop off friends and family. In addition, the U.S. Coast Guard Support Center is located beyond the airport. Many civilians are employed on the military base that travels this dark roadway. Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Page 4 of 4 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -15 Introduced by: Requested by: Drafted by: Introduced: Amended: Adopted: Manager Gifford Assembly Eng /Fac Director Cassidy 12/07/2006 12/07/2006 12/07/2006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2007 THROUGH 2011 WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough; and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2007 through 2011; and WHEREAS, per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2007 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance; and WHEREAS, the Kodiak Island Borough is also served by the State of Alaska which maintains highways, roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road, Rezanof Drive, Mill Bay Road, Monashka Bay Road, Anton Larsen Bay Road, etc; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's capital improvement program priorities for fiscal years 2007 through 2011 are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. TRANSPORTATION PROJECTS Traffic Safety Lighting (Kodiak to Kodiak State Airport) $ Pave Woodland Acres (3 — 8 Addition) (Strip vs. Full project) $ Island Wide Marine Transportation System Feasibility Study $ Antone Way Engineering and Paving $ Anton Larsen Bay Road Extension to Ice Free Port $ Sharatin Road Engineering and Paving $ Monashka Bay Boat Ramp & Parking $ Pasagshak Boat Ramp & Parking (Planning, Design and Engineering Only) $ Pasagshak Boat Ramp & Parking Lilly Drive Engineering & Paving Footpath along the shadow line of the Zharoff Bridge Perenosa Drive Engineering and Construction (600') 1,500,000 2,579,646 250,000 1,000,000 21,420,000 1,500,000 1,000,000 50,000 1,000,000 1,000,000 500,000 500,000 32,299,646 Kodiak Island Borough, Alaska Resolution No. FY2007 -15 Page 1 of 4 1. Peterson Elementary Seismic Upgrade $ 2. KHS Gym Seismic Upgrade $ 3. KIBSD Area Wide Non Structural Seismic Upgrade $ 4. Main and East Elementary Over & Under Pedestrian Passes $ 5. Peterson School Parking Lot Paving $ 6. Providence Kodiak Island Medical Clinic $ 7. Maintenance deferred school projects $ 8. Kodiak College Community Vocational Building (Phase I) $ 9. Chiniak Tsunami Shelter Addition $ 10. ADF &G Building on Near Island Design & Construction $ 11. Middle School Access Road Paving $ 12. High School Parking Lot Repaving $ 13. National Guard Armory Relocation Plan $ 14. KIB -Admin Building Renovation & Communication System Planning and Design $ 15. Demolish Chiniak Library $ 16. Landfill Lateral Expansion Design $ 17. Landfill Lateral Expansion Construction $ 18. Wellness Multi -use Facility $ 19. Maritime Museum Feasibility Study $ 20. North Star Classroom Addition $ 21. Central Solid Waste Transfer Stations Planning & Design $ 22. Old Harbor School Earthquake Mitigation Plan $ 23. Kodiak Middle School New Retaining Wall Earthquake Mitigation Plan $ 24. North Star Earthquake Mitigation Plan Drainage Improvement $ 25. Old Harbor Gym Earthquake Mitigation Plan Roof Replacement $ 26. Larsen Bay Gym and Old Wing Roof Replacement $ 27. Village Earthquake Mitigation Plan Earth Removal $ 28. District Wide Earthquake Mitigation Plan Ceiling Suspension Reinforcement$ 29. District Wide Earthquake Mitigation Plan Non Structural Improvements $ 30. New Kodiak High School $ 31. North Star Classroom Addition $ 32. Kodiak Middle School Emergency Power Improvement $ 33. Generator Plug and Emergency Panel Installation - East, Peterson and North Star 34. Generator and Building Installation - Old Harbor and Port Lions 35. Kodiak High School Generator Upgrade 36. Village Generator Repair and Replacement 1. Mill Bay Beach Access and Recreation Upgrade 2. Womens Bay Boat Ramp & Parking 3. White Sands Beach Park Upgrade 4. East Elementary Softball Field Upgrade 5. Bike Path Extensions Study 6. Men's Softball Field 7. 3 New Baseball /Softball Fields 8. Kodiak Rodeo and State Fairgrounds Improvements 9. BMX Bicycle Street Course Kodiak Island Borough, Alaska FACILITIES PROJECTS RECREATION & CULTURE PROJECTS 508,500 410,300 348,480 1,060,000 400,000 3,000,000 1,200,000 10,600,000 500,000 10,018,667 100,000 1,200,000 50,000 50,000 150,000 325,000 6,755,000 4,000,000 53,000 3,000,000 500,000 54,500 54,500 109,000 218,200 218,200 327,300 1,636,000 300,000 67,500,000 3,548,325 174,000 55,790 425,000 272,500 275,000 118,478,595 $ 53,000 $ 500,000 $ 53,000 $ 25,000 $ 53,000 $ 20,000 $ 100,000 $ 106,000 $ 100,000 $ 1,010,000 Resolution No. FY2007 -15 Pane 7 of 4 1. Womens Bay Tsunami Shelter $ 636,000 2. New (Fire) Tanker Truck $ 300,000 3. Pasagshak Tsunami Siren $ 53,000 4. Second Chiniak Tsunami Siren $ 30,000 5. Bayside VFD Building Addition $ 1,200,000 6. Baler Building Condition Survey $ 31,000 7. Baler Building Roof $ 100,000 8. Spare Vertical Turbine Pump - KFRC $ 90,000 9. Construction and Demolition Shredder $ 265,000 10. Monashka Water & Sewer Design $ 1,166,000 $ 3,871,000 UTILITY & OTHER PROJECTS KIBSD MAINTENANCE AND OPERATIONS PROJECTS 1. East Elementary Traffic Flow Improvements $ 950,000 2. Kodiak Middle School New Fire Suppression Installation in Server Room $ 25,000 3. District Wide Security Video Surveillance $ 100,000 4. District Wide Playground Replacement $ 200,000 5. Main Elementary Crossing Lights /Flasher Upgrade $ 25,000 6. North Star Elementary Crossing Lights /Flasher Upgrade $ 25,000 7. Fire Alarm Panel Upgrades $ 180,000 8. Fire Alarm Magnetic Door Installation $ 130,000 9. Kodiak High School Kitchen Floor Replacement $ 25,000 10. Village Teacher Housing Phase 1 - 1 Fourplex and 2 Duplexes in villages $ 1,000,000 11. District Wide Shelter Storage and Regular Storage Additions $ 600,000 12. New Shipping and Receiving Building $ 4,800,000 13. Emergency Communications $ 30,000 14. Tech Services UPS Upgrade $ 75,000 15. East Elementary Boiler Relocation and Fuel Tank Replacement and Upgrade $ 494,000 16. Peterson Elementary Boiler Replacement $ 327,000 17. Village Underground Storage Tank Removal $ 500,000 18. Kodiak Schools Underground Storage Tank Removal $ 327,000 19. Main Elementary Roof Replacement $ 45,000 20. Akhiok School Asbestos Abatement and Replacement $ 23,980 21. Old Harbor School Basketball Court Replacement $ 25,000 22. East Elementary Window Replacement $ 10,000 23. East Elementary Exterior Siding Replacement $ 228,000 24. East Elementary Exterior Window Replacement - Old Wing $ 147,150 25. Old Harbor and Akhiok Schools Exterior Paint $ 98,100 26. Kodiak Middle School Gym Roof Painting $ 13,500 27. East Elementary Metal Roof Replacement $ 38,150 28. Village Energy Lighting Upgrade $ 20,000 29. Kodiak Schools Energy Lighting Upgrade $ 50,000 30. Kodiak Middle School HVAC Equipment Repair and Re- commission $ 18,000 31. District Wide ADA Hearing Impaired System $ 150,000 32. Larsen Bay School Floor Replacement $ 26,160 33. District Wide Exterior Door Replacement $ 41,000 34. Pool Elevator Control Replacement $ 48,800 35. Kodiak Middle School Elevator Control Replacement $ 48,800 Kodiak Island Borough, Alaska Resolution No. FY2007 -15 Page 3 of 4 36. East Elementary Plumbing Piping Replacement $ 31,610 37. Port Lions School Hallway Floor Finishes $ 18,000 38. East Elementary Floor Finishes Replacement $ 272,500 39. Peterson Elementary Floor Finishes $ 272,500 40. Kodiak High School Parking Addition $ 250,000 41. Kodiak Middle School Parking Lot Repair, Topcoat and Striping $ 45,099 42. Main Elementary Dirt Parking Area Paving $ 143,880 43. North Star Elementary Parking Addition and Access Improvement $ 1,700,000 44. Karluk School Heating Control Replacement $ 80,660 45. Main Elementary Interior Painting $ 98,880 46. East Elementary Interior Painting $ 103,786 47. Kodiak High School Auditorium Interior Painting $ 167,315 48. Kodiak Middle School Interior and Exterior Painting $ 239,000 49. Larsen Bay School Interior and Exterior Painting $ 89,268 50. Peterson Elementary Interior Painting $ 119,900 51. Kodiak High School Interior Painting $ 348,800 52. Akhiok School Interior Painting $ 33,790 53. Karluk School Interior and Exterior Painting $ 65,520 54. Karluk School Interior Floor Finishes $ 32,700 55. Kodiak High School Gym Floor Replacement $ 175,000 $ 14,482,848 1. Providence Hospital Parking Expansion and Improvements — South $ 1,258,810 2. Providence Hospital Parking Expansion and Improvements — North $ 2,856,250 3. 1997 Hospital Addition Construction Completion $ 1,000,000 4. Providence Hospital Pharmacy Expansion $ 420,000 5. Providence Hospital Operating Room and Radiology Expansion — New Construction and Renovation 6. Providence Hospital Mechanical Upgrades 7. Providence Hospital Care Center Upgrades ATTEST: 71r/7 Kodiak Island Borough, Alaska PROVIDENCE KODIAK ISLAND MEDICAL CENTER PROJECTS $ 1,782,460 $ 239,000 $ 45,000 $ 7,601,520 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF DECEMBER 2006 KODIAK ISLAND BOROUGH 1 me M. Selby, B Nova M. Javier, CMC, Borough Clerk Resolution No, FY2007 -15 Page 4 of 4 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -16 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 12/07/2006 Amended: 12/07/2006 Adopted: 12/07/2006 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2007 LEGISLATIVE SESSION WHEREAS, The Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in 6 incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough — wide state legislative capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the major needs of the island community for the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified major projects to submit to the Alaska State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2007 legislative session are as follows: 1. Kodiak Landfill B Lateral Expansion /Close Out of Existing Footprint $6,755,000 The costs to operate and manage a landfill on an island in the North Pacific are substantial, and alternatives are limited. As one of the busiest commercial fishing and processing ports in the nation, having a functioning landfill is a vital piece of infrastructure and important to the local economy. Construction of the landfill's lateral expansion (Phase 3) is planned to occur in the next few years. Initial preparation for the lateral expansion area began in 1998/1999. It is anticipated that use of the lateral expansion area will occur approximately one year before the existing landfill reaches capacity. The lateral expansion site is a maximum eight -acre cell with an estimated nine to twelve year capacity. It will be constructed immediately east of the existing landfill and utilize some of the existing infrastructure. Expansion costs per acre are estimated at $61,213 for site preparation and $244,852 for a liner and leachate collection system. Engineering /Design costs are estimated at $306,000. Total capital cost for the projects is estimated to be $6,754,585 for this 8 -acre cell. 2. Kodiak Near Island Research and Administration Facility $10,018, 670 Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal counterpart will have many obvious advantages. Information sharing is just one. But the real crux of the justification for this new building is the shortcomings found in the existing ADF &G building as identified in the ASCG "Condition Survey" performed in 2002. In the report it is demonstrated that there is a need for additional space (approximately 60% more), which includes basic lab space. Though the cost of construction of a new facility is estimated to be $8,000,000, the KIB will be requesting through the Exxon Kodiak Island Borough, Alaska Resolution No. FY2007 -16 Page 1 of 3 Valdez Oil Spill (EVOS) Trustee Council an amount associated with research space only. That space is approximately 56% of the total space of this facility. The estimated cost to repair the existing ADF &G building is projected to be $1.5 million dollars. Even with completion of these improvements, the building does not provide the space needed by the organization. 3. Peterson Elementary School Seismic Vulnerability Project $550,000 The 1946 wing of the Peterson Elementary School has been found to be seismically deficient to withstand a major earthquake. This facility has been reviewed by structural engineers who have reviewed all of the school districts facilities. A cost benefit analysis has also been performed and has determined that the most cost effective way to address the problem to repair those connections between the roof and the wall and the wall and the foundation is with a half a million dollars of improvements. 4. Womens Bay Emergency Shelter $636,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to sheltering needs in times of a crisis. A proposed 2,500 square foot addition with an emergency generator is proposed. 5. Chiniak Tsunami Center Expansion Project $250,000 The community of Chiniak is located almost 40 miles from the City of Kodiak. There is a need for an emergency shelter in time of a crisis. Phase I of the construction of the evacuation center was completed in 1990, but there is a need for an addition to the existing structure. Though designed to be a larger facility, funding for its entire construction never materialized. This funding would complete the design of an addition, as well as upgrade the present water system and backup generator. Presently the shelter also serves a dual purpose acting as the community's library and community center. 6. East Elementary Traffic Flow Improvements $950,000 Design and reconfigure existing parking area so that it allows for a safer separation of pedestrians, small vehicle traffic and bus loading and unloading. New design will require an increase in total area to allow adequate parking to support building usage and occupant load. 7. Traffic Safety Lighting (City of Kodiak to Kodiak State Airport) $1,500,000 Having a lighted traffic way to the island's major state airport is important. Most Kodiak residents travel to the airport to leave the island, but also to pick up or drop off friends and family. In addition, the U.S. Coast Guard Support Center is located beyond the airport. Many civilians are employed on the military base who travel this dark roadway. Kodiak Island Borough, Alaska Resolution No. FY2007 -16 Page 2 of 3 8. Woodland Acres Paving Project $2,579,646 This project would pave approximately 9000 lineal feet of a residential neighborhood in Kodiak. Along with the paving would be improvements to a major community drainage course that runs through a portion of the Woodland Acres neighborhood. A number of residences are served with grinder pumps for waste water disposal. This project would eliminate this method with the install a gravity line to serve this area. Paving this neighborhood eliminates poor air quality experienced by the neighborhood because the road construction material easily breaks down in to fine air borne dust. Kodiak's freeze thaw promotes major maintenance issues with the development of pot holes, Residents have established a paving district and will contribute up to 50% of the engineering and improvement costs. 9. Feasibility Study of an Island -Wide Marine Transportation System $250,000 This feasibility study will examine an island wide marine transportation system. A regional ferry operated by the Alaska Marine Highway System would service the communities of Kodiak Island. This proposed service will tie into the larger state ferry system services connecting Kodiak to the mainland of Alaska. This important infrastructure will service many of the communities on the Kodiak Archipelago with a regular passenger and freight haul service. It could promote new local economic opportunities for communities. 10. Bayside VFD Building Addition $1,200,000 This proposed multi -use facility will be used for the new fire fighting vehicles recently purchased by the district as well as an emergency shelter during times of need. This Fire Protection Area is the largest on Kodiak serving the majority of the population outside the city limits of the City of Kodiak. The Board of this service area has been setting aside money each budget cycle towards the construction of this addition and will be a major contributor in the financing of this facility. Section 2: Kodiak Island Borough, Alaska The Kodiak island Borough administration is hereby instructed to advise our state of Alaska delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF DECEMBER 2006 KODIAK ISLAND BOROUGH Je me M. Selby, Borough -Ma Resolution No. FY2007 -16 Page 3of3 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING ITEM NO. 13.C.1 TITLE: Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) The applicant is requesting a rezone of 15.9 acres of property located at the intersection of the Chiniak Highway and the Pasagshak Road. It is at this busy intersection that the applicant is proposing to offer limited services to the public. Because the roads are being paved and because of the direction in the Pasagshak /Narrow Cape Comprehensive Plan prohibiting commercial lots in this plan area, this proposed location for commercial use makes sense. This zoning district will allow subdivision of lots down to a minimum of 2 acres /lot. The proposed Borough Comprehensive Plan for the area identifies this site for mixed use, which is consistent with this request. This request was considered by the Planning and Zoning Commission at their August 15, 2007 public meeting. After an advertised public hearing, the Commission adopted a recommendation to the Borough Assembly to approve this request. Section 17.72.020 states that the Commission shall incorporate the following findings of fact into their report to the Assembly on rezone requests: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is justified because of the growing need to provide services because of an increase in traffic of those who recreate in the Chiniak /Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. CDD staff recommends approval of this rezone request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -06 in first reading to advance to public hearing on October 4, 2007. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -06 Introduced by: Manager Gifford Requested by: P &Z Commission Drafted by: Comm. Dev. Dept. Introduced: September 20, 2007 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 15.9 ACRES (PROPOSED LOTS 3 &4 STRATMAN SUBDIVISION, U.S. SURVEY 4964) FROM C- CONSERVATION ZONING DISTRICT TO RNC -RURAL NEIGHBORHOOD COMMERCIAL DISTRICT (P &Z CASE 08 -006) WHEREAS, for this rezone request has indicated a desire to provide limited services at this location which is at the intersection of the Chiniak Highway and Pasagshak Road; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 15 2007 for this case; and WHEREAS, the Commission after a public meeting finds the rezone request to be generally consistent with the proposed 2007 Kodiak Comprehensive Plan for the Chiniak Area which identifies this site for "mixed use" development; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone proposed Lots 3 & 4, Stratman Subdivision U.S. Survey 4964 from C- Conservation to RNC — Rural Neighborhood Commercial; and 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 proposed Lots 3 & 4, Stratman Subdivision, U.S. Survey 4964 which will be rezoned from C- Conservation to RNC- Rural Neighborhood Commercial. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020A. Findings as to the Need and Justification for a Change or Amendment. The rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak /Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. Kodiak Island Borough Page 1 of 2 17.72.020B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Page 2 of 2 ROLL CALL August 15, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING AUGUST 15, 2007 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by CHAIR KING on August 15,2007 in the Borough Assembly Chambers. Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JANZ and KERSCH. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS John Miller stated there is 1 1 /2 weeks to get comments in. He submitted his comments to Dvorak. The maps are important because those maps will have to use them for zoning issues, and he feels we need to make sure they are right. Miller also thanked staff for all their work. PUBLIC HEARINGS A. Case 08 -003. Request a Variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as P & Z Commission Meeting Minutes Page 1 of 6 required for structural developments located in the C- Conservation zoning district (KIBC 17.13.) The location is T26S R25W, TL 101, Viekoda Bay, and it is zoned C- Conservation. Cassidy reported this is a case where the builder of the cabin didn't orient himself with the property and built within the front and side yard setbacks. This occurred on 14 acres of land. The encroachment is 15 feet into the 25 foot front yard setback and 6 feet into the required 25 foot side yard setback. Staff has reviewed this and compared the evidence of what is required to grant a variance — the 6 conditions, and staff is recommending not to grant the variance. COMMISSIONER CARVER MOVED TO GRANT a variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as required for structural developments located in the C- Conservation zoning district (KIBC 17.13) ; and to adopt the findings in the staff report dated July 30, 2007 as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The commission had a discussion regarding the encroachment, setbacks, and corner markers. Cassidy stated the applicant can file an appeal or move the cabin to the proper coordinates of the property. He hasn't seen the property so he couldn't say about the markers. He also said there was a vacation of public access easement that the Assembly approved. Any aggrieved party may file an appeal also. COMMISSIONERS WATKINS and KING stated they have both been out there and that is pretty much the only place to build. CARVER asked Cassidy which findings of fact were not met. Cassidy said No. 1 — staff felt that with 14 acres there were potentially other places to locate this cabin, and No.5 — staffs take is the applicant did cause the need for special conditions by not orienting himself on the property correctly, and has caused the need for the variance. WATKINS stated the applicant is not the one who built the cabin. CARVER asked if the applicant indicated in any way that with the purchase of the property or construction of this cabin that there was not another suitable site on the 14 acres to build. Cassidy stated there is no indication in the file that that conversation was had with the applicant. Six public hearing notices were sent out with no responses. 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. This lot is characteristic and typical of similarly located properties within the C - Conservation Zoning District. August 15, 2007 P & Z Commission Meeting Minutes Page 2 of 6 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 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. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as C — Conservation, and the existing use is a permitted use in the district. 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. Actions of the applicant did cause special conditions or financial hardship from which relief is being sought. Inattention to the requirements of Title 17- Zoning of the Kodiak Island Borough Code precipitated the current circumstances. 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 this variance will not permit a prohibited land use in this district. The question was called, and it FAILED 3 -1. B) Case 08 -006. Request a Rezone, according to KIBC 17.72, to allow a change of zoning from C- Conservation to RNC -Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011. The location is U.S.S. 4964 Kalsin Bay, 32233 Pasagshak Hwy, and it is zoned C- Conservation. Cassidy stated this is a request to rezone 15.9 acres of land at the intersection of Chiniak Road and the Pasagshak Road from Conservation to Rural Neighborhood Commercial. It will allow lot subdivision to be reduced from 5 acre minimum to 2 acre minimum. This is a rural area and the owner has tried a number of activities in the location. There is a long history of commercial activity. This location is the next stop for Pasagshak and seems to be a good location for a venture such as Rural Neighborhood Commercial. Staff recommends approval of this rezone request of 5.9 acres. COMMISSIONER WATKINS MOVED TO GRANT recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011, from C- Conservation to August 15, 2007 P & Z Commission Meeting Minutes Page 3 of 6 RNC -Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 2007 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Bob Brodie, the agent for Mr. Stratman spoke in support of this request. John Miller stated the request is consistent with the Comp Plan and is encompassed in the Chiniak Plan. Public hearing closed: Regular session opened: A brief discussion. 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 justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. The question was called, and it CARRIED 4 -0. C) Case 08 -005. Request a Conditional Use Permit, according to KIBC 17.67, to allow a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base. The location is U.S.S. 4964 Kalsin Bay, and it is zoned C- Conservation. Cassidy stated the agent for the applicant is present and has come to withdraw this case. COMMISSIONER JUENGER MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base, subject to the one (1) stipulation attached to the staff report dated August 1, 2007, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: August 15, 2007 P & Z Commission Meeting Minutes Page 4 of 6 Charles Forbes, the agent for the applicant stated they wish to withdraw the Conditional Use Permit request due technical problems with not being able to get a good microwave signal out there so they won't be able to build the tower at this time. Public hearing closed: Regular session opened: The question was called, and it FAILED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 B) Notice of Trespass, Illegal Use of Right -of -Way to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 Cassidy stated these are a couple of letters to St. Innocent's Academy for the stockpiling of items in the right of way. They have contacted the department and they are now in the process of cleaning up the site. COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: • September 5, 2007 special work session at 7:30 p.m. in the Assembly Chambers • September 12, 2007 work session at 7:30 p.m. in the KIB Conference Room • September 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B) Minutes of Other Meeting: • May 22, 2007 Parks & Recreation Committee Meeting Minutes • July 10, 2007 Parks & Recreation Committee Meeting Minutes • July 2, 2007 Gravel Task Force Meeting Minutes Cassidy stated the special work session has to do with the Comp Plan. You can also go to the website to see the draft plan that has all the maps inserted into the right places. The map that John Miller did has been reviewed by staff and it has been sent to the consultant with some comments on it. Cassidy also stated he appreciates the time Mr. Miller has spent on it. He's done a thorough review of the Chiniak area. August 15, 2007 P & Z Commission Meeting Minutes Page 5 of 6 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONERS' COMMENTS WATKINS stated it's too bad we lost the cell tower out there. CARVER stated he echo's WATKINS comment and hopes they look at other sites. JUENGER stated it's fortunate Dr. Carver could make it tonight, and he noted the Gravel Task Force has good news about finding gravel. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion. CHAIR FRIEND ADJOURNED the regular meeting at 8:12 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: September 19, 2007 August 15, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Dave King, Chair P & Z Commission Meeting Minutes Page 6 of 6 Current Location 32233 Pasagshak Hwy Agenda Item # VI B P & Z Case # 08 -006 Omar Stratman Request a Rezone, according to KIBC 17.72, to allow a change of zoning from C- Conservation to RNC -Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011 (LEISNOI,INC) USS 2878 W E 0 1,200 2,400 Feet (LEISNOI,INC) USS 3470 ISNOI,INC) Proposed Rezone Area 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 Borou•h Communi Develo•ment De•artment. Current Zoning P & Z Case # 08 -005 Omar Stratman Request: A Conditional Use Permit, according to KIBC 17.67, to allow a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base. r Legend Subject Parcel - Conservation USS 2878 -RNC 1 USS 3470 - Conservation USS 2878 - Conservation Feet 0 5001,000 2,000 3,000 1 i 1 i I i I 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. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: Case 08- 006 /Rezone Staff Report MEMORANDUM Public Hearing Item VI -B DATE: July 31, 2007 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 15, 2007 Regular Meeting CASE: 08 -006 APPLICANT: Omar Stratman REQUEST: A rezone, according to KIBC 17.72, from C- Conservation to RNC- Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011 LOCATION: Lot 3 & 4 U.S. Survey 4964, Kaisin Bay, 32233 Pasagshak Hwy. (Intersection of the Pasagshak Hwy and the Chiniak Highway and the Pasagshak Road) aka North Land Ranch. ZONING: C - Conservation Zoning District Eight (8) 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 Use: Road Zoning: None 15.9 acres Lodge North: Unsubdivided portion of USS 4964 (proposed access easement serving proposed Lots 1, 2 & 3 — Case S -06 -011) Use: Vacant Zoning: C - Conservation Zoning District South: Unsubdivided portion of USS 4964 (Proposed Lot 5 — Case S -06 -011) Use: Vacant Zoning: C- Conservation East: Unsubdivided and unsurveyed land Use: Vacant Zoning: C- Conservation West: Pashagshak Road — State Right of Way Easement Page 1 of 5 P & Z: August 15, 2007 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 17.22 — RND Rural Neighborhood Commercial 17.22.010 Description and intent. The RNC -Rural Neighborhood Commercial Zoning District is intended to be applied in areas where public sewer and water service is not available. The rural neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or attract large volumes of traffic. It is intended to be compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and /or landscaping buffers needed to protect property values in adjacent residential areas. 5. Comprehensive Plan: 6. Applicable Regulations: 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. Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B Page 2 of 5 P & Z: August 15, 2007 COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Location The proposed rezoning will take place at the intersection of two major roads, Chiniak Highway and Pasagshak Road. The site is relatively flat in contour and is not served by public water and sewer, therefore a septic system will be used to handle waste water of an existing lodge and a proposed business. Consistent: Yes. The proposed rezone is intended to address the desire for rural neighborhood commercial development in this area and the required 2 acre lot size minimum in the Rural Neighborhood Commercial Zoning District should be sufficient in order to accommodate this commercial node of development serving the Pasagshak/Chiniak area. 2. Open Space The proposed location is in a rural area where presently there exists plenty of green areas and open space. Consistent: Yes. 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. This proposal is not adjacent to tidelands and access to the shoreline is not an issue. 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. Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B Page 3 of 5 P & Z: August 15, 2007 Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B COMMENTS This rezone was initiated by the owner of the property in an area that is rural in nature with sporadic use of the site for a multitude of uses demonstrating the difficulty of forging a living out the road. One of the lots is the headquarters site of Northland Ranch an active cattle ranch with an associated grazing lease for the surrounding area. The ranch has also functioned as a horseback riding /dude ranch as well as a former restaurant. The site has also been utilized to house workers for various construction projects in the area. The other lot is vacant. This area may changing due to the paving of the Chiniak Highway and Pasagshak Roads. It may have also changed in the recent past because of the desire by Pasagshak property owners not to allow commercial uses to any degree in that area. This request to rezone represents a pursuit to feed off the increased traffic on the Chiniak Road as well as the growth of the Pasagshak community and the Kodiak Launch Complex. Though not adopted, the revised Kodiak Island Borough Comprehensive Plan now in development identifies this area for "mixed use ", which would thereby allow a combination of uses. Mixed use in the Kalsin Bay area may be appropriate as stated above because the Pasagshak/Narrow Cape Area Plan specifically discourages the creation of commercial uses or rezoning land in that area to a commercial zoning district. In fact, commercial -type uses are encouraged to be conducted a "Home Occupations" in the residences. This action and the fact that this rezone action is the closest and appropriate site to conduct a commercial use makes that case for this request. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The area subject to this request lies at the intersection of the Chiniak Highway and the Pasagshak Road and is not covered in the 1968 Borough Comprehensive Plan ZONING /USE: Per KIBC 17.22.010, "The RNC Zoning District is established as a land use district where public utilities are not available. It is established for the purpose of providing limited retail and personal services uses ... to support the tourist industry. It is intended to be compactly designed. LAND SUITABILITY: The area is generally flat and situated at the intersection of the Chiniak/Pashagshak roads. There does not seem to be any compatibility issues associated with the proposed rezone request. RECENT DEVELOPMENT TRENDS IN THE AREA: The most immediate development trend in the area is that the Chiniak Road is now paved, and the Pasagshak Road will be paved within a year. This activity will increase the amount of traffic "out the road ". Though it is already used by hunters and fishers, the #1 form of recreation is probably driving for pleasure — sight seeing. This will increase with the paving of the Chiniak Highway. (Of course it also possible this recreational Page 4 of 5 P & Z: August 15, 2007 Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B driving may be reduced as well by increased fuel prices.) In addition, the growing tourist/visitor sector and the attractions found out by Chiniak and Pasagshak will continue to increase the visitor count. TRAFFIC IMPACTS: The location of the proposed rezone is at the intersection of Pasagshak Road and the Chiniak Highway. This is a growth area as development in the Chiniak/Pasagshak area is continuing. The rocket launch facility generates many increased trips to Pashagshak. The paving of the Chiniak Highway also will certainly increase the number of drivers past this facility. It is essentially this reason that owners view the site proposed to rezone as area with the potential for growth in rural commercial services. The types of uses anticipated should not result in any more appreciable adverse traffic impacts than the growth of the Pashagshak area is already generating. Even if it does, the adjacent roads are deemed highways or major roadways that can easily accommodate increased traffic. 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 Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011, from C- Conservation to RNC -Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 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 justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. Page 5 of 5 P & Z: August 15, 2007 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Regarding: Case 08 -006 Stratman Re- zoning lots 3 & 4 USS 4964 Dear Sirs, I am writing in support of Mr. Stratman's request for a rezone of lots 3 and 4 as depicted in the approved preliminary plat for Case S06 -011. He is requesting a change in zoning for lots 3 & 4 from Conservation to Rural Neighborhood Commercial. Mr. Stratman has operated a guided horse back riding service and tourist lodge accommodation for many years on the subject land. Mr. Stratman has indicated to me that he plans to retire his tourist lodge accommodation business, bar restaurant, but may retain his horse back riding business. My wife, Mary, and I plan to purchase the adjoining lot, Lot 3, to build a new facility for tourist accommodations, restaurant and lounge. Mary and I have always been interested in the Pasagshak/Chiniak area. With the paving and recent road improvements we see the opportunity to open and operate a small business. We intend to focus on visiting tourists, fishermen and off island guests by providing rooms, food and beverages in a new, up to date facility. The subject lots are located adjacent to the Chiniak/Pasagshak cross roads where many recreational users pass by. There is no public accommodation facility either in Pasagshak or Chiniak, consequently we do not feel there is a conflict of use. Approving the change from Conservation to Rural Neighborhood Commercial would bring the current use into compliance and provide for future tourism opportunities and services. I am available to answer any questions you might have. Harlus Barber August 3, 2007 AUG - 3 2007 1,..,/ 1 i COMMUNITY DEVELOPMENT DEPAR TME(' KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Property owner's name Ci A • pli ant In ormation Pro owne 's mailing address 4 ri I A ta a' / {. Home phone Work Phone p+ Age nnam plica 1 ) Agent's mailing address Da � 7i City Stat Home phone Work Phone Zip C fW E -mail Addr. 9Q1 �5� E -mail Addr. Property Information ,eb ''o oaoo ctft� Property ID Number/s ` �9t o r. k day /4,Q000st, !�Y; - � �"7 /rv'ep'ft n At Legal Description.. . //s s - t4'6.?! Current Zoning: L' ‘I'e--/✓-! �TOe✓ Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed SJse of Property: Zr Z �0�� 's .Eesrcl��.r�) .IQs <<✓�yc� - /e /e/ /1 ��- Ate'4.5- 741 71° (Note: Use additional sheets, if needed, to provide a complete 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 Narrative/Hist Asrbuilt Survey s Maps Other 7- 2' 1-- __ Property Owner's Signature Date Authorized Agent's Signature Dat . - ea (fade', A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) Code Section(s) Involved: STAFF USE ONLY Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appeara ce requests, sit - • an review, etc.) $150.00 / Zoning chanom o ,� (KIBC 17.72.030 and 030.C)* Application received b Staff signature Vakt AR OTHEI 7/82/ PAYMENT VERIFICATION FICASH 2Y1 15:56:57 888f.3 BAD ACCT PAID Fee Schedule: 1 KIB .Assent Res( *44 Paid in Pl .1,fM$ 2005) Kodiak Island Bo 4. Borough m 4 6. K_ t acres 7t le. 5,00 :*saes , } o8 -oo ue iDtg A trc_-_0_4-c2fe( cf1A2 zc5otn map APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING TITLE: Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. SUMMARY: This ordinance was requested by Assembly member Williams. ITEM NO. 13.C.2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -07 in first reading to advance to public hearing on October 4, 2007. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -07 Introduced by: Assembly member Williams Requested by: Assembly member Williams Drafted by: Borough Attorney Introduced: 09/20/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PROHIBITING THE USE OF HIGH -SPEED WATERCRAFT ON DESIGNATED LAKES WHEREAS, the Kodiak Island Borough Assembly established the Island Lake Recreational Use Task Force on June 4, 1998; and WHEREAS, the Task Force met and reached a consensus to resolve the contentious issue by posting "Rules of the Lake" at the Island Lake public access area; and WHEREAS, the Kodiak Island Borough Assembly acknowledged receipt of the report of the Island Lake Recreational Use Task Force and authorized the posting of the "Rules of the Lake' at the public access area of Island Lake; and WHEREAS, it has become apparent that these rules are not being followed and have been ineffective; and WHEREAS, non - motorized users are physically vulnerable to injury caused by the activities of high -speed watercraft and others which create wakes; and WHEREAS, the continuous use of high -speed watercraft has created more erosion and has resulted in the elimination of the smaller island on Island Lake; and WHEREAS, the reasonable expectation of peace and quiet of the surrounding residents has been severely compromised; and WHEREAS, the natural habitat, fish and wildlife have been adversely impacted due to violations of the "Rules of the Lake;" and WHEREAS, by means of AS 29.40.040, the borough is authorized to adopt measures to further the goals and objectives of the comprehensive plan; and WHEREAS, among the goals of the borough's comprehensive plan is the elimination of incompatible land uses and other nuisances; and WHEREAS, the use of high -speed watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance; and WHEREAS, presently Island Lake is the only lake located in a residential area upon which high -speed watercraft are being used, but the negative impacts of these watercraft may affect other lakes in the future; and Kodiak Island Borough Page 1 of 3 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of general application and shall be codified. Section 2: Kodiak Island Borough Code Chapter 8.35 is hereby enacted as follows: Chapter 8.35 HIGH -SPEED WATERCRAFT Sections: 8.35.010 Declaration of Policy. 8.35.015 Prohibited Acts. 8.35.020 Exemptions. 8.35.025 Violations and Penalties. 8.35.030 Applicability. 8.35.035 Definitions. 8.35.010 Declaration of Policy. The borough hereby finds and declares that the use of high- speed watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance. Further, this activity represents a present and increasing threat to the public peace and the health, safety and welfare of the residents of the borough. The wakes created by these watercrafts have an adverse affect on the shore lines of the lakes and on any small islands located within the lake. The use of these watercrafts adversely impacts habitat for fish and wildlife. 8.35.015 Prohibited Acts. No person may operate high -speed watercraft or otherwise operate a watercraft of any kind in a manner to create a wake on the water bodies stated in section 8.35.030 of this Chapter. 8.35.020 Exemptions. The provisions of section 8.35.015 shall not apply to the use of vessels responding to an emergency. 8.35.025 Violations and Penalties. A. Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation. B. Remedies, enforcement actions and penalties shall be consistent with Kodiak Island Borough Code section 1.12.010. In any event this schedule shall apply: for the first offense, a written citation and warning shall be given to the offender; for a second offense, a $250 fine shall be imposed; and for a third and any subsequent offense, a fine of $500 shall be imposed. 8.35.030 Applicability. This chapter shall apply to the following water bodies: A. Island Lake Kodiak Island Borough Page 2 of 3 8.35.035 Definitions. As used in this chapter, the words shall mean: A. "high -speed watercraft" means any watercraft powered by any type of motor rated at 5 horsepower or greater. It also specifically means jet skis, wave runners and similar acrobatic or stunt equipment. B. "wake" means the track in the water left after the passage of a water craft. C. "watercraft" means any boat, vessel or other device used to transport people or things in or on water. 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 3 of 3 K i ,,c/ Li tA - C,LowL,6-1, / 6 I ci (0 L c L L,eeL 7 P O - cz-d-- 7 j II; AUG 2 8 2007 BOROUGH CLERK'S OFFICE TO: The Kodiak Island Borough Assembly FROM: Kodiak Audubon Society RE: Island Lake Ordinance Dear Members of the KIB Assembly, 9/10/07 The Kodiak Audubon Society is one of the five state chapters of the Audubon Alaska, which is the state office of the National Audubon Society. We established our local chapter in 1983 and are the longest standing, continually active conservation organization in Kodiak. Our mission is to conserve Kodiak's natural ecosystems, focusing on birds, other wildlife, and their habitats for the benefit and enjoyment of future generations. Many of our members live around the periphery of Island Lake mainly because of the scenic values and wildlife viewing opportunities. Many have invested in nice homes to live in a beautiful lakeside location that offers interaction with wildlife on a daily basis. In recent years however, they have become increasingly concerned and frustrated about the impacts that high -speed watercraft are having on fish and wildlife in addition to the increased noise and related safety issues. The use of jet skis on the water in summer and ATVs on the ice in winter are a public nuisance, are adversely affecting habitat of fish and wildlife, creating a host of safety - related issues, and disrupting the peace and quiet. Only 39 acres, Island Lake is considered a small lake yet it used to attract muskrats and many ducks, geese and loons during migration as well as the nesting season. Waterfowl nested on the little islands and around the edge of the lake but have been unsuccessful in recent years due to noise, and the disruption of the shoreline by waves and wakes created by jet skis, Our members have witnessed people on jet -skis purposely chasing ducks and have seen their dead bodies wash up on shore. They have registered complaints with the Borough and Fish and Game, yet nothing is done. I am writing to encourage you on Sept 13 to vote in favor of bringing the Island Lake Ordinance forward for a public hearing on the 20 This ordinance will prohibit high -speed motor craft on Island Lake but will not exclude slow moving skiffs that people use on the backside of the lake for delivering goods to homes not accessible by road. This issue deserves to be moved up to the next level of consideration with a full public hearing. Many other communities in Alaska have dealt aggressively with the same issues. In the Mar -Su and Anchorage boroughs for example, local governments have stepped up to the plate in upholding their own management plans by enforcing laws that prohibit activities that are incompatible with established land -use plans on residential lakes. The City of Homer banned jet -skis from Resurrection Bay for similar reasons. In conclusion, Kodiak possesses a unique abundance of natural treasures that are the dividends for those of us that have chosen to live here and tolerate the wet, wind and dark winters. The Borough government is obliged to uphold the values and directions stated clearly in our own new Comprehensive Management Plan by protecting our natural resources. We encourage you to do what it takes to protect our natural heritage for future generations. Sincerely, Stacy Studebaker Stacy Studebaker Conservation Chair Kodiak Audubon Society P.O. Box 970 Kodiak, AK 99615 (907) 486 -6498 Nova Javier From: Rick Gifford Sent: Tuesday, August 28, 2007 10:40 AM To: Nova Javier Subject: FW: motorized use of Island Lake FYI Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907- 486 -9301 Fax: 907 -486 -9374 Email: rgifford@kodiakak.us Web site: http://www.kodiakak.us From: Kerry Felton [mailto:kerryf ©alaska.com] Sent: Friday, August 17, 2007 6:18 PM To: Rick Gifford Subject: motorized use of Island Lake Dear Mr. Gifford, It is my understanding that you and your staff will be addressing the unsafe and abusive use of motorized watercraft on Island Lake. I have been a resident on one of the lake's fingers for nearly ten years now and enjoy the beauty and quiet that is generally part of life here. As you have heard, there has been a drastic increase in the use of jetskis and skiffs on the lake this year. These watercrafts are supposed to be restricted to the main part of the lake and the lake fingers are designated as a no wake zone. Almost every sunny day this summer, some boater or jetskier will come down the finger at an unsafe speed and do a "cookie" when they reach the end. The resulting waves are causing erosion to the shoreline and wearing on floating docks. On one particular day, my wife and I were enjoying the sunshine from a small rowboat anchored in the finger. A young jetskier came down the finger at a very high speed and nearly hit us! Must an accident on the lake occur before the rules are enforced? And if Barbara Williams is correct that the borough has no power to enforce it's ordinances, what can be done to correct this situation? I ask you to please consider this issue seriously and work diligently to stop the unsafe and abusive use of motorized watercraft on Island Lake. Thank you, Kerry Felton 3350 Peninsula Rd. Kodiak, AK 99615 1 P.O. Box 2284 Kodiak, Alaska 99615 August 28, 20007 Borough Mayor Jerome Selby Borough Manager Rick Gifford Kodiak Island Borough Assembly Re: Island Lake High Speed Watercraft Ordinance Dear Mayor Selby, Borough Manager Gifford, and the Kodiak Island Borough Assembly: We are 31 -year residents of Island Lake, and owners of three waterfront lots. As most fellow Island Lake people, we enjoy the natural beauty, peace and serenity of this special place. It is the home of eagles, water lilies, and breeding ground for geese and ducks. It has become a favorite spot for canoes and kayaks who share the quiet wonder of Island Lake. Unfortunately, every summer we have high speed watercraft who wantonly ignore the regulations regarding the hours /days of use for motorcraft, and required avoidance of the narrow fingers of the lake. They cause erosion, endanger wildlife, and roll kayaks. The noise, usually late at night, is deafening. There are alternative, more appropriate recreational areas for high speed watercraft. The Island Lake community has come before you in past years to address this problem. The resulting regulations have been abused. We come to you again to ask for an ordinance that prohibits the use of high speed watercraft on Island Lake. Thank you for your kind attention to this matter. Sincerely, Phil and Lisa Robbins Nova Javier From: Sent: To: Subject: Members of the Borough Assembly, Eric Clark [eclark @kodiak.coop] Thursday, August 16, 2007 11:47 AM Nova Javier Island Lake live on Island Lake. I have been noticing all summer that many motorized boat users on the lake don't follow the rules clearly posted at the public launch. Many of these people won't listen even when told that they are not following the rules. I see multiple power boat users on the lake at the same time which is very dangerous on such a small lake. Why do we continue to support power boat usage on a lake that is clearly too small to support the traffic. Residents around the lake are disturbed about the noise and the lake environment is been adversely impacted. Shoreline erosion is evident all around the lake wildlife is being driven from the area. Trash is being thrown in the lake including broken glass. In an area where we have so much water suitable for motor boat usage why do you continue to allow this lake and its residents to be subjected to this abuse? Please distribute this letter to all Borough Assembly members, Thanks, Eric Clark Island Lake 1 KOI)IAK ISLAND BOROUGH CLERK'S OFFICE COPI TO: ASSEMBLY MAYOR ∎ g ; SNAGER 1 -OTHER Nova Javier From: Ben & Kate Ballenger [b.k.ballenger @att.net] Sent: Monday, September 10, 2007 9:03 AM To: Nova Javier Subject: PROPOSED ISLAND LAKE ORDINANCE I am aware of a proposed ordinance that is to be introduced at your Borough work session this Thursday, September 13, and would like to speak in favor of it's passage and going forward for a public hearing. My understanding is that this ordinance addresses the problems of motorized activity on Island Lake and all the contentious issues that are caused. Island Lake is a lovely recreational area and one that should be maintained in a thoughtful and prideful way by the citizens of Kodiak. We do not need to escalate dangerous situations and I would certainly recommend that the proposed ordinance be given the opportunity for a public hearing so that all who wish to speak on the issue are given the chance. I would hope that we can continue to maintain balance and prudence with this area. Kathleen (Kate) Ballenger P. 0. Box 126 351 Shahafka Circle Kodiak, AK 99615 (907) 486 -3384 b. k. ballengerPatt.net 1 Nova Javier From: lorna.arndt @att.net Sent: Saturday, September 08, 2007 1:55 PM To: Nova Javier Subject: Ordinance (High Speed Watercraft) I will be out of town when the Sept. 13th meeting is. I want to go on record of Supporting the Island Lake Ordinance prohibiting high speed motorcraft on Ialand Lake. Thank You. Lorna -Lee Arndt 1 Nova Javier From: Doug Letch [Doug_Letch @legis.state.ak.us] Sent: Monday, August 20, 2007 9:10 AM To: Nova Javier Subject: Kodiak's Island Lake From: Doug Letch Sent: Monday, August 20, 2007 9:06 AM To: 'njavier @kodiak.us' Subject: FW: Kodiak's Island Lake Hi Nova, I was in contact with Assembly Member Williams regarding the ownership of Island Lake in conjunction with jet ski discussion the Assembly had last week. Assembly Member Williams asked me to forward the enclosed response from the Department of Natural Resources regarding ownership that may be useful in deliberations. Best regards, Doug From: Mylius, Richard H (DNR) [mailto:dick.mylius @alaska.gov] Sent: Monday, August 20, 2007 8:39 AM To: Doug Letch; Lesh, Melanie G (DNR) Subject: RE: Kodiak's Island Lake Doug - as a general rule, we do not convey the bed of lakes to municipalities, so in all likelihood it is state owned. However, Borough's can adopt ordinances to manage lakes if they do it based on public safety or health or through planning and zoning powers (the Mat -Su Borough has done that). DNR generally avoids getting into such issues as they tend to be local concerns. Dick Doug Letch Aide to Senator Gary Stevens 112 Mill Bay Rd. Kodiak, AK 99615 (907) 486 -4925 (907) 486 -5264 (fax) 1 Nova Javier From: barbara williams [snoskwrl ©gci.net] Sent: Thursday, August 30, 2007 12:05 PM To: Nova Javier Subject: Emailing: om_isapi Nova, this document is the mat -su boroughs lake management implementation plan. It is an accompaniment to the one I just sent you. Please distribute to Rick, Jerome, and the assembly. Thanks. The message is ready to be sent with the following file or link attachments: Shortcut to: http://nt5.scbbs.com/cgi- bin/om isapi.dll ?clientlD = 487458629 &depth= 2 &infobase= matsubor.nfo &record= t6E17) &softpage =PL fram e Note: To protect against computer viruses, e -mail programs may prevent sending or receiving certain types of file attachments. Check your e -mail security settings to determine how attachments are handled. 1 Nova Javier From: barbara williams [snoskwrl @gci.net] Sent: Thursday, August 30, 2007 11:33 AM To: Nova Javier Subject: Emailing: AdoptedLakeMgmtPlans Nova, please make this available to the manager, assembly members and the mayor. I have found some very useful and relevant information here which will be helpful as we proceed with the Island Lake proposed ordinance. Thanks. The message is ready to be sent with the following file or link attachments: Shortcut to: http: / /www.matsugov.us/ Planning /AdoptedLakeMgmtPlans.cfin Note: To protect against computer viruses, e -mail programs may prevent sending or receiving certain types of file attachments. Check your e -mail security settings to determine how attachments are handled. 1 Document Page 1 of 5 17.59.010 INTENT. 17.59.020 APPLICABILITY. CHAPTER 17.59: LAKE MANAGEMENT PLAN IMPLEMENTATION Section 17.59.005 Definitions 17.59.010 Intent 17.59.020 Applicability 17.59.060 Limitation of uses 17.59.070 Violations, enforcement, and penalties 17.59.005 DEFINITIONS. (A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Ice house" means a structure utilized for ice fishing and left on the frozen surface of a lake for a period of more than 24 hours. (2) "Motor vehicle" means an automotive vehicle with rubber tires for use on highways. (3) "Motorized water craft use" means the operation of water craft powered or propelled by a force other than human muscular power, gravity, or wind. This definition does not include airplanes as motorized water craft when landing, taking off, or taxiing on a water body. (4) "No wake" means the slowest possible speed a boat or personal water craft can go and still provide maneuverability. (5) "Personal water craft" means vehicles known as jet skis, wave runners, and similar acrobatic or stunt equipment. (6) "Special permit" means a permit approved by the planning director for a special purpose and limited to a specific time to conduct an event that otherwise would involve activities in violation of one or more provisions of this chapter. (7) "Time share" means restrictions do not apply on Thursday, Friday, Saturday, and all three -day weekends mandated by federal holiday (Memorial Day, Fourth of July, and Labor Day). (8) "Wake" means the track in the water left after the passage of a water craft or other vehicle. (Ord. 06 -107, § 4, 2006; Ord. 99- 052(AM), § 2 (part), 1999) This chapter is a measure to implement and to further the goals and objectives of the lake management plans adopted by the borough as part of the borough's comprehensive plan referenced in MSB 15.24.030(C). (Ord. 99- 052(AM), § 2 (part), 1999) This chapter shall apply only to lakes, waterways, water bodies and watercourses specified herein. (Ord. 99- 052(AM), § 2 (part), 1999) 17.59.060 LIMITATION OF USES. (A) The limitations noted herein shall apply only to lakes specified. (B) Quiet hours. Motorized uses producing continuous or repetitive noise are regulated for the hours and lakes specified below. Examples of regulated uses include high -speed joyriding, practicing aircraft "touch and goes," engine testing, and racing. This restriction does not prohibit the operation of aircraft, boats, or other vehicles traveling directly to their destination. (1) The hours of 11 p.m. to 8 a.m., Sunday through Saturday, are designated as quiet hours for the following lakes: (a) Big Lake. (b) West Papoose Lake. (c) Whiskey Lake. (2) The hours of 10 p.m. to 8 a.m., Sunday through Saturday, are designated as quiet hours for the following httD: / /nt5.schhs /cai hinion iaani r1119ciientln= 4d777 aoo7A,,,,r o/ /711c Document Page 2 of 5 lakes: (3) lakes: (a) Crystal Lake. (b) John Lake. (c) Lake Five. (d) Little Question Lake. (e) Memory Lake. (f) Question Lake. (g) Rainbow Lake. (h) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (i) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (j) Walby Lake. (k) Diamond Lake. (1) Christiansen Lake. (m) Neklasen and Lower Neklasen Lakes. (n) Marion Lake. (o) Long Lake (Houston). (p) Three Mile Lake. (q) Wolverine Lake. (r) Little Lonely Lake. (s) Jean Lake. (t) Liten Lake. (u) Shirley Lake. (v) Florence Lake. (w) Carpenter Lake. The hours of 7 p.m. to 9 a.m., Sunday through Saturday, are designated as quiet hours for the following (a) Honeybee Lake. (4) The hours of 10 p.m. to 8 a.m., Sunday through Thursday, and 11 p.m. to 8 a.m., Friday and Saturday, are designated as quiet hours for the following lakes: (a) Blodgett Lake. (b) Knik Lake. (c) Twin Island Lake. (C) No -wake zone. No -wake zones along shorelines are established as noted below. The no -wake zone shall extend from the shoreline of the lake, the designated horizontal distance into the water as noted below: (1) 150 feet from the shoreline. (a) Big Lake. (b) Whiskey Lake. (2) 100 feet from the shoreline. (a) West Papoose Lake. (b) Diamond Lake. (c) Marion Lake. (d) Long Lake (Houston). (e) Shirley Lake. (f) Florence Lake. (g) Carpenter Lake. (3) 50 feet from the shoreline at the public boat dock. (a) Crooked Lake. nttn: /int5_schh.0 Cnmirai- nininn ican, rll': 9riiantfrt— dd177I nr.-!,nn- Document Page 3 of 5 (4) 100 feet from the shoreline except when a waterskier is leaving dock or shore. (a) Neklasen Lake. (5) No wake speed zone on lake. (a) Little Lonely Lake. (b) Liten Lake. (D) Motorized water craft use. Motorized water craft uses are restricted as noted on the following lakes and waterways. (1) Motorized water craft uses are prohibited on: (a) Lake Five. (b) Little Question Lake. (c) Meadow Creek. (d) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (e) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (f) Lower Neklasen Lake. (g) portions of the inlet creek and outlet creek on Whiskey Lake. (h) Liten Lake. (2) Personal water craft are prohibited on: (a) Blodgett Lake. (b) Bonnie Lake. (c) Doubloon Lake. (d) Island Lake. (e) Ravine Lake. (f) Upper Bonnie Lake. (g) West Papoose Lake. (h) Diamond Lake. (i) Christiansen Lake. (j) Marion Lake. (k) Long Lake (Houston). (1) Three Mile Lake. (m) Wolverine Lake. (n) Whiskey Lake. (o) Little Lonely Lake. (p) Jean Lake. (q) Liten Lake. (r) Shirley Lake. (s) Florence Lake. (t) Carpenter Lake. (3) Motorized water craft uses are restricted to electric motors only on: (a) Honeybee Lake. (b) Upper Bonnie Lake. (c) Toad Lake. (d) Wolverine Lake. (e) Jean Lake. (4) Motorized water craft uses are restricted to a maximum of five horsepower motor limit on: (a) Fish Lake. (b) Knik Lake. (c) Marilee Lake. orrn' / /nt': cchhc rnm /rai_hininrr icnn rvri�nn- Document Page 4 of 5 (d) Question Lake. (5) Motorized water craft uses are restricted to a maximum of six horsepower motor limit on: (a) Wolf Lake. (6) Motorized water craft uses are restricted to a maximum of 10 horsepower motor limit on: (a) Blodgett Lake. (b) John Lake. (c) Memory Lake. (d) Rainbow Lake. (e) Ravine Lake. (f) Twin Island Lake. (g) Walby Lake. (h) Diamond Lake. (i) Long Lake (Houston). (j) Three Mile Lake. (k) Little Lonely Lake. (1) Florence Lake. (7) Motorized watercraft uses are restricted to a maximum of 15 horsepower motor limit on: (a) Christiansen Lake. (8) A lake wide no wake zone, except for Thursdays, Fridays, the first and third Saturdays of the month, the second and fourth Sundays of the month, national holidays and three -day weekends resulting from national holidays: (a) Neklasen Lake. (9) Motorized water craft used are restricted to a lake wide no wake speed zone except on Thursday, Friday, Saturday, and all three -day weekends mandated by federal holiday (Memorial day, Fourth of July, and Labor Day): (a) Marion Lake. (10) Motorized amphibious vehicles, which are a type of motorized watercraft, are prohibited on the following lakes: (a) Three Mile Lake. (11) Motorized water craft uses are restricted to a maximum of 10 horsepower motor limit, on a time share basis, on: (a) Carpenter Lake. (E) Special Permit. A special permit may be issued by the planning director waiving boat motor limits for the transport of building materials on the following lakes and waterways: (1) Lake Five. (2) Little Question Lake. (3) Question Lake. (4) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (5) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Christiansen Lake. (F) Winter motor vehicle control. Motor vehicles are prohibited from the surface of the following lakes when ice covered. (1) Lake Five. (2) Little Question Lake. (3) Question Lake. (4) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (5) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Walby Lake. 17tH}: /!nt5.schhs i - ininrn icani x111`i�iiantTT r —dd 7 ?dQQ C.nP„rn -7 C,; ,r �o -, r ,. C11.7 r�lnfl� Document Page 5 of 5 (7) Wolf Lake. (8) Carpenter Lake. (G) Ice house registration. Prior to locating an ice house on the frozen water of the lakes designated below, the ice house must be registered with the borough; pertinent registration information must be prominently displayed on the exterior of the ice house structure. (1) Big Lake. (2) Lake Five. (3) Little Question Lake. (4) Question Lake. (5) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (7) Diamond Lake. (8) Little Lonely Lake. (Ord. 06 -107, §§ 5 -9, 2006; Ord. 06 -079, §§ 4 -7, 2006; Ord. 06- 074(AM), §§ 4, 5, 6, 2006; Ord. 06 -019, §§ 4, 5, 6, 2006; Ord. 06 -018, §§ 4 -7, 2006; Ord. 05 -063, §§ 4-8, 2005; Ord. 04 -146, §§ 2 -5, 2004; Ord. 04 -140, §§ 2, 3, 4, 2004; Ord. 02 -209, § 2, 2002; Ord. 02 -201, § 2, 2002; Ord. 01 -191, §§ 2 -5, 2001; Ord. 00- 177(AM), §§ 2 -5, 2000; Ord. 00- 006(AM), §§ 2 -5, 2000; Ord. 99 -149, §§ 2 -6, 1999; Ord. 99 -067, §§ 2 -6, 1999; Ord. 99- 052(AM), § 2 (part), 1999) 17.59.070 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Except as otherwise specified in this chapter violations of this chapter are infractions. (B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45. (Ord. 99- 052(AM), § 2 (part), 1999) httn : /int5.schhs.comicQi- hin /nrn is ini .77 d0Q7JVnantn- 7A*inrrihvaca- marciir /-7, )nn- Document http:// nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientlD= 262785294 &infob... CHAPTER 17.58: MOTORIZED USES ON LAKES AND WATERWAYS Section 17.58.005 Definitions 17.58.010 Intent 17.58.020 Applicability 17.58.030 Nuisance 17.58.040 Definitions [Recodified as MSB 17.58.005] 17.58.050 Safety 17.58.060 Buoys and signs 17.58.070 Petition 17.58.080 Public hearing 17.58.090 Factors for designation 17.58.100 Limitation of motorized uses on designated lakes and waterways 17.58.110 Prohibition of motorized uses 1 7.58.120 Penalties [Repealed] 17.58.125 Violations, enforcement, and penalties 17.58.005 DEFINITIONS. (A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Annoyance" means an actual interference with the sleep, work or reasonable right to peace, safety or privacy of one or more people. (2) "High- powered personal watercraft" means vehicles known as jet skis, wave runners and similar acrobatic or stunt equipment. (3) "Motorized use" means the operation of any equipment, watercraft or vehicle powered or propelled by a force other than human muscular power, gravity or wind including, without limitation, automobiles, aircraft, boats, personal watercraft, hydroplanes, all terrain vehicles, three - wheelers, motorcycles, snowmachines and stationary equipment such as generators and pumps. (4) "Special event permit" means a permit approved by the planning director for a special purpose and limited to a specific time to conduct an event that otherwise would involve activities in violation of one or more provisions of this chapter. (5) "Wake" means the track in the water left after the passage of a boat or other vehicle. (Ord. 93 -132, § 2, 1993) 17.58.010 INTENT. This chapter is intended to promote the safe, reasonable, wise and responsible use of the lakes and waterways in the borough in order to protect the general public's health, safety and welfare, quality of life, neighborhood character, water quality, shorelines susceptible to erosion, water fowl and fish habitat, and recreation and tourism. It is not the intent of this chapter to prevent the reasonable incidental motorized use of waterbodies, properly authorized stream crossing, or water appropriations. (Ord. 93 -132, § 2, 1993) 17.58.020 APPLICABILITY. Document http:// nt5 .scbbs.com/cgi- bin/om_isapi.dl l ?clientlD= 262785294 &infob... G 0i Unless otherwise provided by code this ordinance shall apply only on those lakes, waterways, water - bodies and watercourses specified herein. (Ord. 93 -132, § 2, 1993) 17.58.030 NUISANCE. The inconsiderate, reckless, irresponsible, unsafe, noisy operation of motorized uses on lakes and waterways within the Matanuska - Susitna Borough can damage valuable shorelines, waterways, water -fowl and fish habitat, prevent the reasonable enjoyment of private and public lands and waters by others, threaten the public health, safety, and welfare, inhibit and discourage reasonable residential, tourist and recreational uses which produce economic revenue and generally damage the quality of life and neighborhood character. Such uses are therefore declared to be a nuisance subject to regulation by the Matanuska - Susitna Borough. (Ord. 93 -132, § 2, 1993) 17.58.040 Definitions. [Recodified as MSB 17.58.0051 17.58.050 SAFETY. Watercraft using lakes shall obey the inland rules of the road and small craft regulations as promulgated by the U.S. Coast Guard, including use of personal flotation devices. Lights are required on watercraft and vehicles during night operation. (Ord. 93 -132, § 2, 1993) 17.58.060 BUOYS AND SIGNS. It is unlawful to strike, destroy, move, deface or otherwise tamper with floats, buoys, signs or other notices placed by or with the approval of city, borough, state or federal agencies. (Ord. 93 -132, § 2, 1993) 17.58.070 PETITION. (A) The manager, upon submittal of a report of a lake's or waterway's condition or use may petition the planning commission to hold a public hearing to determine whether to make a lake or waterway subject to the conditions of this chapter. (B) Any group of 20 or more residents or property owners of the borough may petition the planning commission to make a lake or waterway subject to the conditions of this chapter. (Ord. 93 -132, § 2, 1993) 17.58.080 PUBLIC HEARING. Upon receipt of the manager's or a group's petition to designate a lake or waterway subject or not subject to the conditions of this chapter, the planning commission shall hold a public hearing and make a recommendation to the assembly concerning whether a lake or waterway should be subject or not subject to the conditions of this chapter. (Ord. 93 -132, § 2, 1993) 17.58.090 FACTORS FOR DESIGNATION. (A) The planning commission shall consider the following factors when making its recommendation to the assembly: (1) the impact of the watercraft on the environment and shoreline; (2) the impact of the watercraft on wildlife and wildlife habitat; (3) the surface area of the lake or waterway being considered; (4) the use or uses which have been established on the lake or waterway; (5) the character of the adjacent upland development within 1,320 feet of the lake or waterway; Document http:// nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientlD= 262785294 &infob... 3 of (6) the depth of the water; (7) the amount of existing waterborne traffic; (8) the necessity of ensuring access to and use of the lake or waterway for all individuals and the right of those individuals to appropriate use of the public waters; (9) whether recommending that the lake or waterway be subject to this chapter is necessary to ensure the safety of persons and property; (10) public testimony; and (11) other appropriate factors. (Ord. 93 -132, § 2, 1993) 17.58.100 LIMITATION OF MOTORIZED USES ON DESIGNATED LAKES AND WATERWAYS. (A) The limitations noted herein shall apply to motorized uses on the following lakes and waterways: (1) Cottonwood Lake; (2) Finger Lake; and (3) Wasilla Lake. (B) Noise control. All motorized uses on the surface of designated lakes and waterways must be equipped with manufacturers standard noise reduction equipment including mufflers, cowlings and exhaust systems. Special purpose or home -built equipment shall be similarly equipped to minimize noise generation. Open exhaust systems are prohibited. Except as otherwise required by Federal Aviation Administration or other state or federal law, aircraft operators shall minimize their take -off noise by utilizing the most central portions of lakes away from residences, business and public areas. (C) No -wake zone. There is hereby established a no -wake zone where speeds will not exceed 5 m.p.h. on designated lakes and waterways extending into the water from a shoreline, a horizontal distance of 100 feet. It is unlawful for a motorized use to operate at a speed of more than 5 m.p.h. within that zone so as to create wake. The no -wake zone may be extended or reduced as required to protect unusually sensitive wildlife habitat or reduced as required to protect unusually sensitive wildlife habitat or to provide access to erosion resistant shorelines or for other reasons as determined by the manager or the manager's designee. The no -wake zone may be presumptively identified by appropriately labeled floating buoys. (D) Hours of operation. Motorized uses producing continuous or repetitive noise which is an annoyance to residents and /or other users of public areas is hereby prohibited between the hours of 11 p.m. and 8 a.m. Examples include uses such as high -speed joyriding, practicing aircraft "touch and goes," engine testing, racing, and construction. Specifically, use of high - powered personal watercraft known as "jet skis" or "wave runners" and similar acrobatic or stunt equipment is prohibited between the hours of 11 p.m and 8 a.m. This restriction shall not be construed to prohibit the operation of aircraft, boats or other vehicles while transiting en route to their destinations, fishing or other quiet use is allowed, where such quiet uses cause no wakes and vessel operational speeds are 5 m.p.h. or less. (E) Special events permits. Organized group type motorized use of lakes and waterways such as races and demonstrations which would cause noise, safety hazards, or inhibit other uses of significant areas of the waterbody shall require special events permit from the borough. Special events permits may be issued by the planning director subject to the following criteria: Event activities may be limited to specific hours in any one day. Event activities may be limited to a maximum number of consecutive days. Event activities may be limited to specific days of the week or month. (4) Event activities must be located so as to avoid hazard to or damage of sensitive wildlife habitat, erosion -prone shorelines, public swimming areas and residential areas. (5) Event activities must be located and conducted to minimize negative impact to residents and other users of the area. (6) Applications for special events permits shall be submitted to the borough on forms provided by the borough and shall be accompanied by an applicatlon fee as established by the assembly. (1) (2) (3) n •n0 1)s Document http:// nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientlD= 262785294 &infob.. 4 of 4 (7) The special event permittee shall demonstrate that adequate insurance and appropriate safety measures are provided to protect participants, spectators and bystanders including marking of activity area, safety patrols and public notice. (8) A special event permit does not release the event organizers or participants from either rules or regulations of the cities, Matanuska- Susitna Borough, state of Alaska or the U.S. Government, especially the U.S. Coast Guard. (Ord. 93 -132, § 2, 1993; Ord. 90- 91(sub), 1990; Ord. 82 -15, 1982; Ord. 81 -7, § 2, 1981) 17.58.110 PROHIBITION OF MOTORIZED USES. Motorized vehicle uses are prohibited on Cottonwood Creek. (Ord. 93 -132, § 2, 1993) 17.58.120 Penalties. [Repealed by Ord. 95- 088(SUB) (am), § 12 (part), 1995. For current provisions, see MSB 17.58.1251 17.58.125 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Except as otherwise specified in this chapter violations of this chapter are infractions. (B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45. (Ord. 95- 088(SUB)(am), § 28 (part), 1995) WELCOME TO ISLAND LAKE Island � A COMMUNITY RESOURCE LAKE IS OPEN T0: 1. MOTORIZED WATERCRAFT: EVEN - NUMBERED DAYS HOURS 10:00 AM - 9:00 PM 2 NO RESTRICTIONS ON THE USE OF NON - MOTORIZED WATERCRAFT, BUT MUST YIELD TO MOTORIZED WATERCRAFT ON EVEN - NUMBERED DAYS. 3. NO MOTORIZED WATERCRAFT WITHIN 100 FEET OF Mq,5 THE LAKESHORE OR IN THE ARMS OF THE LAKE, t EXCEPT FOR TRANSIT TO CENTER OF LAKE. 4. FOR SAFETY PURPOSES, ONLY ONE WATERCRAFT TRAVELING AT HIGH SPEEDS AT A TIME. RECREATIONAL WATERCRAFT DESIRING TO TRAVEL AT HIGH SPEEDS OR TOWING WATER SKIERS ARE ASKED TO TAKE TURNS. 5. LAKE OPENED TO MOTORIZED WATERCRAFT: FROM JUNE 15 UNTIL FIRST FREEZE PLEASE BE COURTEOUS tD 0 C.) � C.7 ISLAND LAKE TASKFORCE REPORT TO THE KODIAK ISLAND BOROUGH ASSEMBLY Compromising to Resolve Community Conflict By Island Lake Taskforce November, 1999 11 r�c��od,r� AUG 1 7 2007 BOROUGH CLERK'S OFFICE Island Lake Taskforce Page 1 October, 1999 ISLAND BO ROUGH KODIAKES OFFICE COPIED 'FO: ASSEMBIN MAYOR MA NAGER OTHER _--- slag irA Members of the ISLAND LAKE TASKFORCE Scott Arndt, Assemblyman and Chairman Bud Cassidy, Co- Chairman Kevin Arndt Lorna Arndt Chad Borton Tom Emerson Bill Hinkle Andy Neslund Jane Petrich Jamie Spencer Kristin Stahl - Johnson Danny Stihl Pat Szabo Barbara Williams Isa Wirz Thanks to Patti Kirkpatrick of the Borough Clerk's Office for organizing the meetings and recording events. Island Lake Taskforce Page 2 October, 1999 Table of Contents I. Introduction II. Background III. Recommendations a. Rules of the Lake IV. Process a. List of Issues b. List of Categories V. Rules of the Lake VI. Consensus Building VII. Conclusion VIII. Island Lake Fact Sheet IX. List of Exhibits Island Lake Taskforce Page 3 October, 1999 Introduction Decisions by elected governmental bodies create winners and losers. Those individuals or positions that the elected body votes in favor of are the winners and the rest are losers. Seldom does the process allow for the opposing parties to sit down to discuss differences or initiate two -way communication in a meaningful way. Such an opportunity for the parties to openly discuss and negotiate the issues can create a lasting solution, or at least one where all parties positions are part of the solution. The existing process of winners and losers often leads to hurt feelings as the losing side feels that they are not being represented casting mistrust in the process. Decisions made after reaching common ground is built by a balanced solution. The creation of the Island Lake Taskforce by the Kodiak Island Borough (MB) Assembly to help resolve the contentious issue of jet ski use on Island Lake is an example of a win -win solution. The Assembly appointed the taskforce when asked to pass regulations to slow down motorized watercraft to 5 miles per hour as well as address a number of other issues about the increased use of the Lake. The citizen group was tasked to come back to the Assembly with recommendations on how to resolve the issue. Appointed to the taskforce were folks with differing viewpoints on the issue. There are long -time landowners and recent landowners. There are jet ski enthusiasts, and those who did not favor jet ski use. There are those who enjoy seeing the fish and wildlife that frequent the lake and those who feel a priority to provide the youth of the community with good clean fun. The decision of the taskforce and how they came to their conclusions is discussed in this report. But what is equally important is how the group arrived at their results. The process of how decisions were made and the group decision making process is as important as the recommendations made. Individuals making up the group, though on opposite sides of the debate, and to their credit, altered their mindset and ended up with a decision that was mutually acceptable to all parties that participated. People who were strangers and on opposite sides of the debate began to find out that they had common interests with other members. The more folks met in this face to face format, the more they understand a bit about the other person's interests, perspectives, and background. Maybe they did not agree with the other party on some of the issues, but through these meetings, they found out that the other person had concerns that were legitimate. As these meetings progressed it also became apparent that all folks were looking for common ground upon which to create a solution. A theme of the meetings developed which was that no one would get everything that they wanted. Members had to sort out what was most important to them and what could be bargained away. In other words they had to give up something in exchange for getting something considered more important. Island Lake Taskforce Page 4 October, 1999 Background Island Lake is approximately 40 acres in size and is the largest fresh water body around the urban area of Kodiak. Located just outside the corporate limits of the City of Kodiak, there is a long history of development in the area (lots were originally subdivided around Island Lake and Dark Lake as recreational properties). Even so, use of the lake was comparatively low. As the population of Kodiak grew and land in the urban area was maximized, there was a strong desire to live around the lake. This desire became greater with the installation of public utility lines and low interest loans. With increases in population came increases in the recreational use of Island Lake. The historic use of the lake for swimming, canoeing, and water - skiing continued but increased. New recreational uses also developed. Controversy started to mount with the use of high - powered jet skis on the lake. These watercraft are capable of doing high speeds and creating large wakes. Concerns about the use of this watercraft and the safety of those using the lake heightened when a group of children were almost hit by a novice user of a jet ski. Along with the increased speed of these watercraft and the larger engines now used to pull water skiers, came an increase in the level of noise as well as concerns about safety. One group of residents thought that high -speed watercraft was not compatible with swimming or canoeing. These fast moving watercraft were also viewed as being detrimental to waterfowl and other wildlife of the lake. The other school of thought suggested that water skiing and in some instances jet skis use provides the youth of the community a good alternative for the use of their time and that regulation of the lake was just not needed. This issue was brought to the attention of the Assembly g y in�thefall of 1997. A public hearing on the issue was held before an overflowing crow o homeowners, property owners, jet skiers, and water ski enthusiasts as well as folks who enjoyed seeing duck, geese, swans and other wildlife around the lake. The Assembly chose not to take action on the issue, but appointed community members to the Island Lake Taskforce to make recommendations on the issue. This classic confrontation between environment and peace and quiet versus development is playing out all over the nation. At the community level, the difference is how the resolution of this issue is approached. The Borough Assembly suggested Mayor Gary Stevens appoint a taskforce comprised of community residents who are interested in addressing the issue by submitted their names requesting appointment to the taskforce. This is an important point. Instead of making a decision based on the emotion of the moment, the Assembly wisely turned the issue back to the community to resolve - to make the issue a community solution and not solely an Assembly decision. Island Lake Taskforce Page 5 October, 1999 Recommendations The taskforce came up with the following five (5) recommendations called the "Rules of the Lake. " It is anticipated that these rules will adopted in their entirety by Borough ordinance or resolution. These rules will be included on a sign that would be installed at the boat launching area on the lake. This sign would read as follows: WELCOME TO ISLANI. LAKE A Comm unity Resource Lake is opened to: 1 Mo torized Watercraft - Even .Numbered Dates .,ours: 10:00 A.M. to 9:00 P.M. 2. No Restrictions on the use of non - motorized watercraft But must yield to motorized watercraft on even numbered days 3. No motorized watercraft within 100 feet of the Lakeshore or in the arms of the lake except for transit to the center of the lake. 4. For safety purposes, only one watercraft travelling at high speeds at a time. Recreational watercraft desiring to travel at high speeds or tow water skiers are asked to take turns 5. Lake closed to motorized watercraft: April 1- June 15 PLEASE BE COURTEOUS Island Lake Taskforce Page 6 October, 1999 Process As previously stated, the initial step for the group was to meet in a building that was closer to the subject. This meant meeting at the multi - storied log structure built by the local Elks Lodge. This facility is called Camp Mueller and is used for "scouting and other youth purposes" and is located on the banks of Island Lake. It was to become a perfect neighborhood meeting place. The group started out by inviting every member to "speak their mind" about issues they thought important. Candid comments were gathered from each and every member of the taskforce. No issue was considered unimportant. Each item was written down on chart paper located within view of all members. The issues identified varied greatly and included problems, perceptions, and recommendations. The following list are the items expressed by members at that first meeting: 1. ROPE OFF A PORTION OF THE LAKE AS A SAFE AREA FOR SCOUTS 2. ALLOW ALL CURRENT USES TO CONTINUE 3. SAFETY ISSUES 4. POST SIGN STATING RULES ON USE OF THE LAKE 5. HABITAT PRESERVATION 6. WHO IS LIABLE? (INDIVIDUALS, STATE OF ALASKA, BOROUGH ?) 7. AESTHETICS DEGREDATION 8. ENFORCEMENT? WHO RESPONDS? 9. INCREASED LACK PEACE AND QUIET 10. (CREATE) A PRIORITY OF USE AMO UNG USERS 11. LIMIT POWER BOAT ENGINE SIZE AND USE 12. PRIVATE PROPERTY DAMAGE (WHO IS LIABLE ?) 13. NO RESTRICTION OF WATER SKIIERS 14. INCLUDE CONFLICT CREATED BY WINTER USERS 15. TOO MUCH NOISE 16. HORSEPOWER RESTRICTIONS ON OUTBOARDS 17. INCREASED USE 18. PEOPLE SHOULD BE REGULATED NOT MACHINES 19. BANK EROSION BY WAKES FROM OUTBOARD MOTORS AND JET SKI USE 20. SPEED OF WATERCRAFT AFFECTING OTHER NON- MOTORIZED USE 21 RESTRICT USE OF THE LAKE FINGERS BY MOTORCRAFT 22. CREATE SAFE ZONE ALONG LAKE SHORE 23. DISTINCTION OF JET SKI ISSUES FROM WATER SKI ISSUES 24. SCHEDULE DIFFERING USES 25. PREVENT CONFLICTS AMO UNG USERS Knowing that the above list was too broad in scope for the taskforce to address, the taskforce agreed to group these issues into a number of categories. These categories included all the issues identified at the initial meeting Island Lake Taskforce Page 7 October, 1999 1. RESOURCE PROTECTION (water quality, bank stabilization, waterfowl, fish and mammal habitat preservation, restricting use of the fingers, aesthetic concerns, death of ducklings.) 2. SAFETY ISSUES (Rope off areas for swimmers, create safety zones along shore, speed of motorized water craft affecting non - motorized watercraft.) 3. NUISANCE ISSUES (Peace and quiet, noise from increased use.) 4. SCHEDULING /RULES (Schedule conflicting uses at different times of day, days of the week. Post signs on the rules of the lake.) 5. STATUS QUO (Allow current uses to continue. No limits on power boat use.) 6. LEGAL QUESTION (Who is liable if people are hurt, if property is damaged? Who will enforce rules, regulations ?) 7. EDUCATION (Public education about the values of the lake, respect for adjacent property owners. " Reasonable Freedom" means use of the lake or other public land with no endangerment to human lives, degradation to the resource, and respect to other users A questionnaire was used to poll the attitudes of the taskforce members and determine which categories were priorities and would be addressed in this investigation. The remainder of the categories would not be addressed to any significant degree. In other words, the group wanted to use their time wisely and focus not on all issues, but on the items that are of the highest priorities to the taskforce. The results of the questionnaire clearly showed that the three main topics of concern to members of the taskforce are: 1. SAFETY 2. RESOURCE MANAGEMENT 3. EDUCATION Committee members put SAFETY first on their list of the most important priorities. This priority remained at the center of the discussions throughout the rest of the meetings. It did not matter what side of an issue you came down on; safety concerns always took center stage. The results of the questionnaire say something about the group as a whole and the direction they would be taking. A copy of the questionnaire is included in the back of this report as exhibit A. Island Lake Taskforce Page 8 October, 1999 Rules of the Lake The real breakthrough in the group discussions came when it was suggested that a "Rules of the Lake" concept be developed. That is, each member was to create a list of rules that they thought should be used as a guide for uses on the lake. The development of these rules set the stage for major compromising between members as each proposed rule was debated thoroughly. To get through the process we skipped through all the issues approving those that the taskforce was in agreement and saving debate on the more contentious issues for later. As an example, we all agreed that high -speed watercraft should be restricted from using the area near the shore (the area where children tend to play and swim). We moved on to other subjects that we could agree to and left for later discussion how limiting motorized watercraft would be restricted. Some of the toughest issues the group was to debate were saved for last. These included the date the lake opened for motorized use in the Spring and whether or not to allow jet ski use on the lake. This subject could be expanded to include the use of high -speed outboards for water skiers. There were many pros and cons. The "pros" side thought that we should encourage uses not restrict uses. For teenagers a number of restrictions were already in place to prohibit things they like to do (such as no skateboarding downtown). Those who wanted no jet skis, the "cons" spoke about the danger of high speed watercraft and slow moving children either swimming or canoeing on the lake. The issue of large wakes generated by the watercraft and the impact to young waterfowl unable to withstand such waves became a big issue in the end. Throughout the debate on these tough issues, it is safe to say that folks prioritized for themselves which issues were most important to them and which ones they were willing to compromise on. Each item was voted on and though unanimous decisions were the case most of the time, on the tough issues there were split votes. The group agreed to send these rules out for public comment. The taskforce felt public input was needed to be sure that we were heading in the proper course. A copy of the solicitation for comment is found in exhibit B. To try and get as many responses as possible, comments could be mailed, telephoned, or e- mailed into the borough clerks office. We received good response from folks. All forms for electronics media were used to respond to the taskforce request for public review. In general, the responses mirrored the positions stated by various members of the committee. That is an important fact. We felt that we were representing the public sentiment in our debate. The work by the taskforce to date was found to be satisfactory to the public. With input from folks, the Island Lake Taskforce met one last time to hammer out any last issues to be addressed before adjourning. That final meeting would conclude our efforts with the final version of the "Rules of the Lake" to be forward to the Borough Assembly. Island Lake Taskforce Page 9 October, 1999 Consensus Building The success and positive atmosphere in which this taskforce met is really the story behind this effort. Individuals with strong differences of opinion met and debated a solution that all could live with and be satisfied that they had contributed. The process utilized to determining "The Rules of the Lake" was negotiation and consensus building. It is an example of good faith bargaining between parties with different agendas. There were no winners and losers, only winners. Not to be understated is the difference of opinion that each of the taskforce members had going into taskforce discussion. Those opinions swung to both extremes; from no restrictions to all sorts of restrictions. The success was a result of the efforts of all the parties on all issues, which might not worked with a different set of individuals. Each individual realized that they were not going to get everything that they originally wanted. The parties were able to give and receive concessions. The success of being able to do this is that committee members were willing to give or be flexible in their position. Though the final rules were not the most desirable to any one participant, all parties were satisfied with the end result. It was agreed upon that no side would take a big hit. That is, that no side of the debate would take an inordinate share of the burden. Open communication means folks were talking and others were listening. There appears to be credibility about a position when it is your neighbor speaking. You can empathize with your neighbor who talks about needs and values. Sometimes the opposite of taking is not listening, but waiting your turn. People bring many things to the table that are a result of their experience, training, and attitude to new things. It is important to recognize that people are different. Their knowledge level is different, communication skills vary, and their backgrounds different. Island Lake Taskforce Page 10 October, 1999 Conclusion Taskforce members understand that their work is advisory to the Assembly. However, it is in dealing with the taskforce recommendations that the Assembly will determine whether or not this was a win -win arrangement. It is important for the Assembly to remember that they are dealing with a negotiated compromise forged between members of the Island Lake Taskforce. Changes in the recommendations cannot be successfully altered without altering the give and take made by taskforce members. The compromise was reached by each party giving concessions to receive concessions. As has been previously stressed, the final rules are not any party's best solution, but they are considered satisfactory by all the members involved. Any deletion, addition, or adjustment to the compromise alters the balance achieved by the taskforce and destroys what the parties were willing to agree upon. The Assembly's treatment of the taskforce recommendations will set the tone for how seriously the public considers the "Rules of the Lake. If the rules are nothing more than a sign posted by an ad -hoc group, it is questionable that the public will take them seriously. It is therefore important for the rules to be adopted by the Assembly and become Borough rules regarding conduct on the lake. The rules will be taken seriously if they are adopted by Borough ordinance or resolution and posted on a sign that includes a Borough logo like is done at other Borough Parks. Although the question of enforcement remains, the name and implied power of the Borough are most apt to exert pressure to obey the rules. Though the resolution of uses occurring on Island Lake as crafted by the Island Lake Taskforce may not be the perfect solution to changes occurring on the lake, it should be given a try. Further refinement of the rules may be needed. What has been successful and meaningful in this process is the understanding that there are other points of view, personalities, and stands on issues. All are legitimate. Somehow they must be recognized, understood, and incorporated into a community solution. Members of the taskforce came to understand the validity of this and successfully incorporated all differences into a solution. Island Lake Taskforce Page 11 October, 1999 Island Lake Facts 1. Lake size: 38.99 acres (15.8 hectares) 2. Lake Elevation: 100 feet above sea level 3. Lake Volume: 506 -acre feet (624,600 cubic meters) 4. Mean Depth: 13 feet(4 meters) 5. Maximum depth: 30 feet 6. Watershed area: 745 acres (503 undeveloped, 145 developed) 7. September weed cover: 10% yellow lily pondweed, and burr reed in sparse patches 8. Theoretical retention time: (amount of time it takes water to cycle into and out of the lake — 60 days 9. pH: 6.81 10. Fish present : Rainbow trout, Dolly Varden, stickleback, Coho (silver salmon), and steelhead. 11. Mammals living around the lake: muskrat, otter 12. Waterfowl that use the lake. Mallards (nest) buffleheads, loons, Canadian Geese (unsuccessful attempt to nest —), Tundra swans 13. Strangest fact: Island Lake is the home to a fresh water mussel. This invertebrate filters sediment out of the lake. It is a favorite meal of muskrats that have built up shell middens in favor eating - places. Island Lake Taskforce Page 12 October, 1999 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D — SHORE SAFETY ZONESC Island Lake Taskforce Page 13 October, 1999 Nova Javier From: Eisemann, Jane [jeisemann0l @kodiakschools.org] Sent: Tuesday, September 18, 2007 2:37 PM To: Nova Javier Cc: Dillard, Bonnie Subject: Island Lake Ordinance For the record and the packet for Thursday Nights Borough Assembly meeting. I would like this letter read out loud if possible. Thank you very much. Dear Borough Assembly and Users of Island Lake, My name is Jane Eisemann and my husband and I own property on Island Lake. The proposed Ordinance in its current state does not reflect or include the big picture with regards to usage of motorized vehicles on Island Lake. The lake provides recreation year round for motorized vehicles and watercraft. Winter motorized users have stayed out on the lake well past 9:00 pm on weeknights and have bragged to me personally about how proud they were of their loud machines. Also, walkers, skiers and skaters on the lake (myself included) have felt threatened by perceived unsafe maneuvering of these machines. Nowhere in the ordinance do I see the issue of snow machines, motorcycles and 4 wheelers that use the lake in its frozen state. For this reason I do not support the current proposed ordinance. Now, I bet you are all thinking that I would like motorized vehicles prohibited from the lake year round, but that is not the case. I feel that the lake can be used responsibly by all users. But the real question is "how do you mandate thoughtfulness ?" Once again a few thoughtless rogue users have compromised motorized recreational opportunities for our community. How sad.... I bought property on Island Lake for the great opportunities for interaction with wildlife that make the lake their home. I do prefer quiet sports that don't require fossil fuels and I do wish that we could eliminate noisy machines that frequent my 'front yard' but the reality of the situation is that the lake is a recreational resource for all residents of Kodiak. I don't own the lake, I would like to take a role in protecting it in as fair a manner as possible. I personally am more concerned about herbicide and pesticide use along the lake as well as the quality of soaps used in the many banyas that dot the shores. But... this is an issue for another time. I think the original community task force did a great job of coming up with compromises that addressed everyone's needs. I think it is a shame that a few potentially ruined it for all. I don't know what the solution is, perhaps lake users, motorized and non, need a permit to use the lake and would be required to take a class in thoughtfulness and safety to obtain lake access? My two cents and maybe food for thought. Respectfully submitted, Jane Maria Eisemann 2558 Pr Lane Kodiak Alaska 486 -4594 1 ISLAND LAKE ORDINANCE 9/13/07 Dear Ladies and Gentlemen of the KIB Assembly, I am writing as an individual in support of the Island Lake Ordinance to ban jet -skis and other high -speed watercraft from Island Lake. The recent disregard for compromise and rules established by the Island Lake Task Force in 1999 and removal of signs posting those rules has, in my mind, negated any privileges this user group once had. This little residential lake of only 39 acres is just too small for fast watercraft recreation. If you consider the 100 foot zone around the lake perimeter where watercraft are supposed to stay within, by my calculations that leaves only about 14 acres of permissible waters to use. That is simply not a big enough area for high- speed watercraft to be contained and to safely navigate without harming themselves, other boaters in canoes and kayaks, and children who want to play and swim in the water. Someone on the assembly was quoted in a newspaper article that this ordinance should proceed more slowly because we are dealing with taking away people's "rights." Well, don't you think that people who live around the lake or recreate there have "rights" to peace and quiet, as well as to their enjoyment of wildlife and protection of their land and property? Haven't their "rights" already been taken away? Some have been there for many more years than jet -skis have been around. Just because certain very vocal individuals say they haven't observed any harassment or mortality of wildlife on the lake doesn't negate other people's observations that claim the opposite. And, just because certain individuals may claim that jet skiing is good, "clean" family recreation doesn't mean that it is appropriate everywhere. And as far as the "clean" argument goes, let me shed some other light on the subject. Jet -skis release large quantities of hydrocarbons into the environment, polluting both our water and atmosphere. One of the main reasons for this is that most jet -skis are powered by dirty 2- stroke engines that discharge as much as one third of their fuel and oil unburned into the water and air. According to the Environmental Protection Agency, 2- stroke engines are the number one source of toxic water pollution in the US. A one -hour jet -ski ride can release as much as a gallon of unburned fuel into the environment. Some estimates suggest this amount is even higher. Now, multiply that figure by the number of operators and you have some serious pollution to the environment. A small lake that supports salmon and other wildlife certainly can't sustain a productive environment with that kind of pollution. Many studies have shown that even low hydrocarbon levels in aquatic systems can have serious toxic affects on plankton, fish eggs and larvae, aquatic invertebrates, as well as birds and mammals. Remember Exxon Valdez disaster that spilled over 11 million gallons of crude oil into Prince William Sound? Well, it is estimated that jet -skis alone contribute the equivalent of four Exxon Valdez spills to American waters annually. Add 2- stroke outboard engines to this and the number rises to 15 Exxon Valdez spills per year. THE NOISE ISSUE: The mosquito -like high - pitched whine of a jet ski is not just irritating; it is dangerous to both humans and wildlife. The noise associated with jet skis also disturbs wildlife. Jet -skis emit 85 to 105 decibels of sound per unit. For comparison, a busy city street usually clocks in at around 70 decibels and nearby jet plane measures around 150 decibels. The United States Park Service limit on noise pollution is 82 decibels at 82 feet; jet -skis are borderline at best on large bodies of water where noise can dissipate but the impacts on small lakes like Island Lake are compounded in the amphitheater -like environment surrounded by trees. I will probably not attend the public hearing on Sept. 20` because frankly, I am sick and tired of these meetings and the bullying tactics and harassment from a vocal minority who claim that using ORVs of any kind and imposing their noise, stink and pollution on everyone and everything is their God given right. And, I certainly hope that in your considerations, letters weigh in as importantly on this issue as a bunch of vibrato. Please have the courage to pass the Island Lake Ordinance and uphold your obligation to protect our natural resources, our peace and quiet, and quality of life. Sincerely, Stacy Studebaker P.O. Box 970 Kodiak AK Nova Javier From: Voyage 34 [yellowporcupine @gmail.com] Sent: Sunday, September 16, 2007 8:38 AM To: Nova Javier Subject: Comments for assembly on Island Lake jet ski ordinance Dear Nova - please include my comments on the Island Lake jet ski ordinance in the public record of testimony on this issue. Thank you. Mike Sirofchuck 486 -6498 Dear Assembly: I support the ordinance and all efforts to restrict Island Lake to non - motorized use. A residential area is inappropriate for high speed, noisy recreational use. Seven years ago, a group of jet skiers and Island Lake residents worked out a compromise solution for use of Island Lake. Now, many jet skiers have chosen to ignore and not honor that agreement. I believe that a user group that does not honor an agreement worked out by all sides, forfeits any "rights" they may have had to use the area. Frankly, I do not believe that jet skiers have an innate right to use this area to begin with. Yes, jet skiing can be a great family activity; however, just because something is a family activity does not make it necessarily appropriate to the area where families wish to engage in the activity. Island Lake is really just too small for these powerful, fast, and noisy machines. The rights of the property owners supersede any user group rights in this case. The residents of this area have made substantial investments to establish their family homes along Island Lake. These property owners also pay property taxes and, thus, make a substantial contribution to the KIB. As such, their right to a peaceful, quiet place to live is paramount. You, as an assembly, have the responsibility to uphold our right to a high quality of life in the KIB. When a user group exhibits the lack of consideration and disregard for others we are seeing with the jet skiers, then you must step in and protect the property owners. Jet skiers have many other areas where they can have their family fun and not disturb people in their homes - they are not really losing anything if they are not allowed to use Island Lake. In fact, the entire community gains if Island Lake is a non - motorized area: families and individuals will have a place where they know that they can canoe, kayak, row, fish, swim, float around on inner tubes, etc without being fearful that a high speed machine of considerable weight will either hit them or create wakes that endanger them. Please support the rights of the majority over a vocal and, frankly, sometimes abusive and bullying minority. Establish Island Lake as an area free of motorized use. Thank you for taking the time to consider my comments on this issue. Sincerely, Mike Sirofchuck Cliffside Road Kodiak Nova Javier From: Dillard, Bonnie [bdillard01 @kodiakschools.org] Sent: Thursday, September 20, 2007 9:40 AM To: Nova Javier Subject: FW: Island Lake Ordinance I would like my comment read after Jane's letter, below... My name is Bonnie Dillard, I live on Island Lake with my family and I wish to echo what Jane Eisemann wrote in her letter...also, I do not want to take anyone's rights away. However, it feels at times that my family and I have no right to peace and quiet. As Jane describes, there are times year round that the speeds and noise levels are an intrusion into our lives and safety. Please take the families that live around the lake into consideration as you work thru this issue. (We are on one of the fingers that does indeed receive a great deal of traffic). Thank you, Bonnie Dillard From: Eisemann, Jane Sent: Tuesday, September 18, 2007 2:37 PM To: 'njavier ©kib:co.kodiak.ak.us' Cc: Dillard, Bonnie \ .Subject: Island Lake Ordinance Thank you very much. For the record and the packet for Thursday Nights Borough Assembly meeting. I would like this letter read out loud if possible.;' Dear Borough Assembly and Users of Island Lake, My name is Jane Eisemann and my husband and I own property on Island; Lake. The proposed Ordinance in its current state does not reflect or include the big picture with regards to usage of motorized vehicles on Island Lake. The lake provides recreation year round for motorized vehicles and watercraft. Winter motorized users have stayed out on the lake well past 9:00 pm on weeknights and have bragged to me personally about how proud they were of their loud machinds. Also, walkers, skiers and skaters on the lake (myself included) have felt threatened by perceived unsafe maneuvering of these machines. Nowhere in`,the ordinance do I see the issue of snow machines, °motorcycles and 4 wheelers that use the lake in its frozen state. For this reason I do not support the current proposed ordinance. Now, I bet you are all thinking that I would like motorized vehicles prohibited from the lake year round, \,but that is not the case. I feel that the lake can be used responsibly by all users. But the real question is " how do you mandate thoughtfulness ?" Once again a few thoughtless rogue users have compromised motorized recreational opportunities for our community. How sad.... E4 I bought property on Island` Lake for the great opportunitiesfor interaction with wildlife that make the lake their home. I do prefer quiet sports that don't require fossil fuels and I do with that we could eliminate noisy machines that frequent my 'front yard' gut the reality of the situation is that the lake is a7 recreational resource for all residents of Kodiak. I don't`: own th L.I. bit I would like o take o t ec t: it fair the lane, vu I would O li ubu n ne t w sane a role in prv�cvung it in as lair a manner as possible. I personally am more concerned about herbicideiand pesticide use along the lake as well as the quality of soaps used in the many banyas that dot the shores. But... this;is an issue foranother time. I think the original dommunity task force did a great job of coming up with compromises that addressed everyone's needs. I think it is a shame that a few potentially ruined it for all I don't know what the solution°is, perhaps lake users, motorized and non, need a permit to use the lake and would be required to take a class in thoughtfulness and safety to obtain lake •access? 1 BERND MEIER 3000 Peninsula Road I am against all power vehicles but I am also realistic and 1 believe that everyone should have the use of the lake. I am fully supporting the rules that have been implemented previously in 1990. The rules I am referring to are out of the report to the Kodiak Island Borough Assembly compromised to solve community conflict by the Island Lake Task Force of November 1999. I'd like to state that the noise travels well over water and at times it is impossible for me to watch even television in my own living room. If the rules are being instated they need to be enforced so that there's no body misusing it and so somebody needs to be enforcing the rules. Verbal comments of Mr. Meier given to the Clerk over the phone. 2 \ 2 2 \ \ • . ® k \ ''.23,1 E :: c !E < %t ,,f /i 2 ;,; E !,! - #=]•# =E 1 : §2 k3 Xt.9' ,\! #.NAz _ ! E0 E0R / /ƒz) : [ a!! ° ° k ; !?!| ; 7111! tgq <2|||t22 il )¥«!{� mt°! ea 2,e.,_ E 26E , �_ - ) 2 ° ®0 � ; 8 �! — CD— KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING ITEM NO: 13.C.3 TITLE: Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) SUMMARY: This ordinance allows the cash and investments of the Facilities Fund to be managed and invested by an external money manager. This ordinance also allows these funds to be invested in more instruments than currently allowed. Generally, over a longer period of time, the return on investments is higher when they are invested in higher risk instruments. This ordinance would let the Borough maximize interest earnings on funds held by the Facilities Fund. This ordinance would also distribute the interest earning of the Facilities Fund based on a five - year average instead of caculating the amount to be distributed on an annual basis. This Ordinance also includes some housekeeping changes to bring this code section up to date with current practice. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -08 in first reading to advance to public hearing on October 4, 2007. Introduced by Requested by Drafted by: Introduced: Public hearing: Adopted KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2008 -08 Manager Gifford Borough Assembly Finance Director AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.04 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING SECTION 3.04.020 PERMISSIBLE INVESTMENTS SECTION 3.04.022 COLLATERAL REQUIREMENTS SECTION 3.04.051 FACILITIES FUND BY CHANGING THE TYPES OF INSTRUMENTS THE BOROUGH CAN INVEST IN CHANGING THE INVESTMENTS ALLOWED IN THE FACILITIES FUND, AND CHANGING DISBURSEMENTS FROM THE FACILITIES FUND FROM A PERCENT OF INTEREST EARNED TO A PERCENT OF MARKET VALUE (POMV) WHEREAS, the Borough Code pertaining to investments has become dated; and WHEREAS, the list of allowed investments could be more clearly defined; and WHEREAS, collateral is not available on all investment types, only repurchase agreements and certificates of deposit; and WHEREAS, because the principal amount of the investments held in the facilities fund is not used for daily operations, investments can be held for a longer term and can have larger swings in value; and WHEREAS, generally, over a long period of time equities (stocks) show a greater return than government securities; and WHEREAS, because of GASB 31, the value of the Borough investments change on our general ledger even though it will not change over the life of an investment; and WHEREAS, because of these changes in value, both up and down, it is better to use a percent of market value method to distribute earning of the fund than a percent of previous years' earnings; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.020 Permissible Investments is hereby amended as follows: Chapter 3.04 PUBLIC FINANCE— MANAGEMENT AND ACCOUNTING Sections: 3.04.010 General treasury management. 3.04.015 Authority. 3.04.020 Permissible investments. 3.04.021 Terms defined. 3.04.023 Collateral safekeeping. 3.04.026 Diversification of investments. 3.04.027 Investment records. 3.04.030 Deposit of school money. Kodiak Island Borough, Alaska Page 1 of 5 3.04.040 Basis of accounting. 3.04.050 Funds. 3.04.051 Facilities fund. 3.04.052 Education fund. 3.04.053 Fern Fuller fund. 3.04.056 Land sale fund. 3.04.056 Penalties. 3.04.057 General fixed assets. 3.04.060 Distribution of funds. 3.04.065 Review of service fees. 3.04.070 Post audit. 3.04.020 Permissible investments. The trcastrref finance director shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; B. Bonds and other evidence of indebtedness of the state of Alaska, or any municipality, or political subdivision of the state of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, repurchase agreements, and such other legal security instruments; or D. The Alaska Municipal League Investment Pool, Inc. made in accordance with the terms of that Pool's "Common Investment Agreement ". Section 3: Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.022 Collateral requirements is hereby deleted as follows: A. State and municipal Required for bond3 and notes: 100% of Deposit 2. Federally guaranteed issues 100% of market 3. Other state3 (Bea rating or better) 120% of markct B. U.S. Government obligations: 1. Direct obligations 100% of market 2. Federal agency 43SUCS 100% of market 3. Fcdcrally guarantee 100% of market project notcs othcr 100% of market (Ord. 82 15 O(A) (part), 1982). Section 4: Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.051 Facilities Fund is hereby amended as follows: 3.04.051 Facilities Fund. A. The facilities fund is established as a separate special revenue fund which is distinct from all other funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to the regulations of the facilities fund. Kodiak Island Borough, Alaska Page 2 of 5 B. -- . -: - -: . : -: - 4 : - .. - The investment purpose of the facilities fund is growth through prudent investment of fund assets. Notwithstanding the objectives of the borough policy for the investment of its operating and other funds set out in 3.04.020, the investment of the facilities fund assets shall be made to maintain safety of principal while maximizing total return. Investments shall be diversified to minimize the risk of loss resulting from a concentration of investments in a specific maturity, issuer, class of security, financial institution or, with respect to equity investments, in a specific company, industry or investment sector. Fund assets may only be invested in the instruments and securities set out in the following: 1, United States Treasury obligations including bills, notes, bonds, and other debt obligations issued by the United States Treasury, and backed by the full faith and credit of the U.S. Government. 2. Securities issued or guaranteed by agencies and instrumentalities of the U.S. Government, but not explicitly backed by the full faith and credit of the U.S. Government. 3. Securities issued or guaranteed by municipalities in the United States, rated in one of the three highest rating categories by nationally recognized statistical rating organization (NRSRO). 4. Corporate debt securities rated investment grade. 5. Asset - Backed securities rated investment grade. 6. Yankee debt (that is, U.S. dollar denominated obligations issued in the U.S. capital markets by foreign issuers) rated investment grade. 7. Mortgage- Backed Securities (MBS) and Collateralized Mortgage Obligations (CMO) comprising. a) Agency MBS investments issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association. b) CMO investments securitized by agency MBS issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Governmental National Mortgage Association; provided that permissible CMO investments include only sequential class CMO's or type I planned amortization class CMO's. 8. Money market mutual funds regulated by the Securities and Exchange Commission which comply with rule 2(a)7 and whose underlying portfolio consists of investment grade securities; and the Alaska Municipal League Investment Pool, Inc. 9. A mutual fund, which is designed to replicate the Standard and Poor's 500 Index or an ETF (Exchange Traded Funds) with the same purpose. C. Allocation of investments. The borough may have all or part of the Facilities Fund investments managed by an external money manager. 1. By external money managers. Allowable Minimum Percentage Percentage Requirements of Issuer of portfolio UST 100% 0 - 100% Agencies 100% 0 - 100% Bonds BBB 10% 0 - 25% BA's A 2% 0 - 25% Repo's A 5% 0 - 25% CD's A 5% 0 - 10% Mutual Funds 10 - 25% AMLIP 0 - 50% CD's over $100,000 must be collateralized at 102% Mutual Funds must meet all of the above requirements. Kodiak Island Borough, Alaska Page 3 of 5 2. By finance director or designee: The finance director or designee can invest in any of the above except for mutual funds. D. The following are prohibited transactions: 1. Purchase of non - dollar securities. 2. Purchase of private placement securities. 3. Short sale of securities (the sale and settlement of a security not currently owned and a formal agreement to borrow the security to facilitate the settlement of the short sale) 4. Purchases of futures, forwards or options. 5. Borrowing to leverage the return on investments. Extended settlement of securities purchases executed to facilitate or improve the efficiency of a transaction will not be considered borrowing, provided that sufficient cash equivalent securities or receivables are available to facilitate the extended settlement. In the event a security currently held in the portfolio is downgraded below investment grade the money manager shall provide written notification to the Finance Director and set forth in writing a recommended course of action. The fund may not be appropriated or spent, except as provided in this section. The earnings or principle principal shall at no time run or supplement the running of government except as specified in this section. complex on Ncor I31and. E. Four percent of the average market value (POMV) as of Dec. 31 of the preceding five years may be appropriated for the following purposes: 1. maintenance and repair of existing borough facilities, 2. insurance paid by the borough for borough buildings, 3. upgrade and reconstruction of existing facilities, or 4. debt service on general obligation bonds issued for facilities construction - -up to fifty (50) percent of excess may be used for this purpose. F. A portion of the fund may be appropriated for another purpose only upon approval of an ordinance ratified by a two- thirds (2/3) majority of the qualified voters at a regular or special election. G. Selection of money managers. The Finance Director may prepare an RFP to solicit proposals from different money managers to manage a portion or all of the investments of the Facilities Fund. After the proposals are evaluated a recommendation will be made to the Assembly through the Borough Manager. H. Money managers must meet the following minimum criteria: 1. Be a bank, insurance company, investment management company, or investment adviser as defined by the Registered Investment Advisers Act of 1940. 2. Provide historical quarterly performance numbers calculated on a time - weighted basis, based on a composite of all fully discretionary accounts of similar investments style, and reported net and qross of fees. 3. Provide detailed information on the history of the firm, key personnel, key clients, fee schedule, and support personnel. This information can be a copy of a recent Request for Proposal (RFP) completed by the money manager. 4. Clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. Kodiak Island Borough, Alaska Page 4 of 5 Selected firms shall have no outstanding legal judgments or past judgments, which may reflect negatively upon the firm. I. Duties and responsibilities of the money manager. The duties and responsibilities of each money manager retained by the borough include the following: 1. Managing the borough assets under its care, custody and /or control in accordance with the objectives and guidelines set forth herein. 2. Exercising investment discretion (including holding cash equivalents as an alternative) within the objectives and guidelines set forth herein. 3. Promptly informing the borough through the finance director in writing regarding all significant and /or material matters and changes pertaining to the investment of Borough assets, including but not limited to: a. Investment strategy b. Portfolio structure c. Tactical approaches d. Ownership e. Organizational structure f. Financial condition g. Professional staff h. Recommendations for guideline chanqes i. All legal material, SEC and other regulatory agency proceedings affecting the firm 4. Promptly voting all proxies and related actions in a manner consistent with the long- term interests and objectives of the borough set forth herein. The money manager shall keep detailed records of said voting of proxies and related actions and will comply with all regulatory obligations related thereto. 5. Utilize the same care, skill, prudence and due diligence under the circumstances then prevailing that experience, investment professionals acting in a like capacity and fully familiar with such matters would use in like activities for like borough and Endowment Funds with like aims in accordance and compliance with all applicable laws, rules and regulations from local, state, federal and international political entities as it pertains to fiduciary duties and responsibilities. 6. Acknowledge and agree in writing to their fiduciary responsibility to fully comply with all of the objectives and guidelines set forth herein, and as modified in the future. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Page 5 of 5 0 O O O O cO • O O CO O V 0 O O O O O v f0 • L N O) — O O o m O C c CO = 0 C c O f0 o E } • a) 0 C a) c0 E - a) c c0 N t0 Q N C a) O LL (0 + - • > O c0 E 1 5 CL = o • c = o LL CO a) CD as o - ( E c 0 O — Z L O) 0 C O = o LL m O C a o O c — (0 E L o a Z W C O 0) •— Y � L CO G E 4- < 0 W V L W N / • L `(5 W Vi 3 O •` W ' L 0 ■ 0 0 Al W O o o O O O O o O O O O O O O t0 ci N .4 .4 .4 .4 0 O O O O O 0 O O O O W 0 O O 0 O L0 O O O O 0 N 0 0 N } LL LO 0 0 N } LL in 0 0 N Li_ O O N } LL m 0 0 N } LL N 0 0 N L1 a--1 0 0 N u_ 0 0 0 N } U- M 01 O1 .-1 >- LL TITLE: Approval of Workers for the October 2, 2007 Regular Municipal Election Workers. SUMMARY: Per KIBC 7.30.010A Election officials. The assembly shall appoint at least three (3) judges in each precinct to constitute the election board of that precinct. The borough clerk is the election supervisor. One (1) judge shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The borough clerk may appoint up to three (3) election clerks at any polling place where they are needed Attached is a list of those who agreed to work in the upcoming election. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 20, 2007 REGULAR MEETING ggp/' ITEM NO: 13.D.1 RECOMMENDED MOTIONS: Move to approve the regular municipal election workers as submitted by the Borough Election Supervisor. TO . FROM : DATE : RE. . KODIAK NO. 1 Chair Judge Judge Judge Relief Relief Translator Translator MISSION ROAD Chair Judge Judge Judge Judge Judge Judge CAPE CH IN /AK Chair Judge Judge Judge Alternate OLD HARBOR Chair Judge Judge Judge PORT LIONS Chair Judge Judge Judge MEMORANDUM Kodiak Island Borough Assembly Nova M. Javier, CMC, Borough Clerk September 7, 2007 Regular Municipal Election - October 2, 2007 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 2, 2007 Regular Municipal Election. PRECINT NO. 618 Merle Powell Margaret Bosworth Justine Hartman Carolyn Thomas Linda K. Ross Gretchen Saupe Evangeline Estelle Angelito Llave PRECINCT NO. 622 Mike Marion Ellen Marion Gary Byers Susan Byers David Blacketer Cathy Quinn John Quinn PRECINCT NO. 605 Deborrah Henderson Diane Patterson Marie Suazo Nellie Travis Jane Williams - Wheeler PRECINCT NO. 625 Frances French Justina lgnatin Anna Nestic Ramona Erickson PRECINCT NO. 645 Diane Cole Janet Thomsen Mary Strong Sheila M. Biehl RECEIVING BOARD / HAND COUNT BOARD Heather Fincher Judy Fine Gail Otto Natalie Horn KODIAK NO. Chair Judge Judge Relief Judge Judge Alternate Translator Translator FLATS Co -Chair Co -Chair Judge Judge Judge Relief LARSEN BAY Chair Judge Judge Judge OUZINKIE Chair Judge Judge Judge ACCUVOTE BOARD Supervisor Coordinator Coordinator Coordinator Coordinator CANVASS BOARD Kate Loewen Karen Still Sally Haldewang Mary Doubt 2 PRECINCT NO. 620 Linda Sutton George Cusick Sally Hopkins Nancy Kotula Esther Wadle Carol Wandersee Rosa Wallace Patilou Peralta Nico Madrid PRECINCT NO. 608 Sarah Thayer Terry Robin Stevens Kerry Wood Dale Rice Marie Rice Nicola Belisle PRECINCT NO. 615 Marie Squartsoff Charlene Clampffer John R. Aga, Sr Annabelle Wick PRECINCT NO. 635 Sophia Clarion Paula Boskofsky Patricia Ambrosia Amber Panamarioff Nova Javier Marylynn McFarland Debbie Marlar Barbara Volpe Nita Nicolas TO . FROM : DATE RE. . MEMORANDUM Kodiak Island Borough Assembly Nova M. Javier, CMC, Borough Clerk September 7, 2007 Regular Municipal Election - October 2, 2007 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have workers for the Borough's October 2, 2007 Regular volunteered to serve as election Municipal Election. KODIAK NO. 1 Chair Judge Judge Judge Relief Relief Translator Translator MISSION ROAD Chair Judge Judge Judge Judge Judge Judge CAPE CHINIAK Chair Judge Judge Judge Alternate OLD HARBOR Chair Judge Judge Judge PORT LIONS Chair Judge Judge Judge PRECINT NO. 618 Merle Powell Margaret Bosworth Justine Hartman Carolyn Thomas Linda K. Ross Gretchen Saupe Evangeline Estelle Angelito Llave PRECINCT NO. 622 Mike Marion Ellen Marion Gary Byers Susan Byers David Blacketer Cathy Quinn John Quinn PRECINCT NO. 605 Deborrah Henderson Diane Patterson Marie Suazo Nellie Travis Jane Williams - Wheeler PRECINCT NO. 625 Frances French Justina Ignatin Anna Nestic Ramona Erickson PRECINCT NO. 645 Diane Cole Janet Thomsen Mary Strong Sheila M. Biehl RECEIVING BOARD / HAND COUNT BOARD Heather Fincher Judy Fine Gail Otto Natalie Horn KODIAK NO. 2 Chair Judge Judge Judge Judge Relief Translator Translator Translator FLATS Co -Chair Co -Chair Judge Judge Judge Relief LARSEN BAY Chair Judge Judge Judge OUZINKIE Chair Judge Judge Judge ACCUVOTE BOARD Supervisor Coordinator Coordinator Coordinator Coordinator Coordinator CANVASS BOARD Kate Loewen Karen Still Sally Haldewang Mary Doubt PRECINCT NO. 620 Linda Sutton George Cusick Sally Hopkins Nancy Kotula Esther Wadle Carol Wandersee Patilou Peralta Nico Madrid Delia N. Aspiras PRECINCT NO. 608 Sarah Thayer Terry Robin Stevens Kerry Wood Dale Rice Marie Rice Nicola Belisle PRECINCT NO. 615 Marie Squartsoff Charlene Clampffer John R. Aga, Sr Annabelle Wick PRECINCT NO. 635 Barbara Anderson Paula Boskofsky Natasha Panamarioff Nova Javier Marylynn McFarland Debbie Marlar Barbara Volpe Nita Nicolas CALL TO ORDER EMERGENCY SERVICES ORGANIZATION & LOCAL EMERGENCY PLANNING COMMITTEE QUARTERLY MEEITNG MARCH 1, 2007 MINUTES Duane Dvorak called to order the ESO /LEPC regular meeting at 1:30 p.m. on March 1, 2007 in the KIB Assembly Chambers. ROLL CALL Members Jim Ashford- Small Business Owner -LEPC alt. /Transportation Captain Andrew Berghorn- USCG -Air Sta.Kodiak -ESC Mike Dolph- Kodiak Amateur Radio Emergency Services -LEPC Carolyn Floyd -City of Kodiak -ESC Linda Freed - Emerg. Services Mgr -ESC & LEPC /Disaster Planning & Service Area Rick Gifford -KIB -ESC Bob Himes - Bayside FD -LEPC /First Aid Sgt. Mo Hughes- AST -LEPC /Civil Defense & ESC TC Kamai- Kodiak Police Dept. -LEPC /Law Enforcement Jerome Selby -ESC Andy Nault- Kodiak Fire Dept. - LEPC /Firefighting Gayle Solesbee, R.N. -KCHC -LEPC Darsha Spalenger- Public Health Nursing - LEPC/Health Mark S. Carmel -USCG ISC Kodiak/ESC Dr. Gary Carver -Carver Geologic Duane Dvorak - Community Development Ann Ellingson- Kodiak Public Health Joe Gallagher -Cook Inlet RCAC Larry LeDoux -KIBSD Lt. Patrick Lee - USCG -MSD Kodiak - Invited Sally Magnuson Margie Draskovich- Kodiak College Others Present APPROVAL OF AGENDA TC Kamai MOVED TO APPROVE the agenda as presented. The mo Lon White, and it CARRIED by unanimous voice vote. Present Absent Excused X X X X Ruth -Anne O'Gorman- Kodiak Public Health Dr. Steve Smith - Providence /KIMC Terry Stone -KANA Bob Tucker -KIBSD Maintenance Lon White -City Harbor Stephen Allbee -USCG ISC Kodiak Suzanne Greer - Kodiak Public Health Marjorie DeGreef -PKIMC Sheila Smith - Comminity Development II or `` r1M✓as SECON LJ� X X X X X X X SEP - 5 March 1, 2007 ESO /LEPC Meeting Minutes L=-- -p $e 1 of 4. BOROUGH CLEF X MINUTES OF PREVIOUS MEETINGS Corrections to the Minutes of September 7, 2006 were pointed out. In the Informational Announcements section, sub - section C. the corrections are as follows: all abbreviations made to the Alaska Seismic Commission should be ASHSC, and the local members are Linda Freed,Dr. Gary Carver, and Laura Kelly. TC Kamai MOVED TO APPROVE the amended minutes. The motion was SECONDED by Lon White, and it CARRIED by unanimous voice vote. INTRODUCTIONS Dvorak asked people new to the meetings to introduce themselves. Marjie Draskovich- Kodiak College Stephen Allbee -USCG ISC Kodiak Suzanne Greer - Kodiak Public Health Mark S. Carmel -USCG ISC Kodiak INFORMATIONAL ITEMS A) Hazard Mitigation Plan Update Dvorak explained in order to be eligible for FEMA funding the community is required to have a FEMA approved Hazard Mitigation plan in place. He explained the mechanics of Federal funding, use of that funding and what the planning entailed. The Kodiak Island Borough applied for a grant in 2005 to develop the Pre - Hazard Mitigation Plan, and it was awarded in September, 2005. The Kodiak Island Borough obtained approval of a Phase I plan in early 2006 which coincided with another KIB application for project funding. Phase 1 was gathering borough wide information. Phase 2 will identify infrastructure within cities that could be disrupted during a disaster. The idea is to look for possible hazards and have a plan in place to prevent damage to critical infrastructures in the event of a natural disaster. The City of Kodiak will require the most effect, for that reason Ken Geottel of Geottel and Associates will be here on April 11 at 1:30 p.m. in the KIB downstairs conference room B) Pandemic Flu Table -Top Exercise Dvorak stated the exercise was held late January and was conducted by email. The scenario was based on closing the schools, roll playing, sending everyone home, and basically how to deal with a real emergency. Larry LeDoux declared that Kodiak is not ready for such an event. Policies and procedures aren't in place yet. We need to maximize social distance. A disaster essentially affects the whole community. Dvorak stated there is a need for the community to have a Pandemic Flu Plan in place, and the State is going to help develop our plan. Bob Tucker stated there will be a planning meeting on April 12 from 10:00 a.m. to 12:00 p.m. at Bayside Fire Department. There will be help with training and modules. For part of Phase 2 we need to have a real working group and right now there are 17 different groups involved. On May 1 — 3 there will be another exercise. Mark Carmel affirmed that he feels the Coast Guard should be included in this plan. If there is a disaster we will need shelter and medical services. March 1, 2007 ESO /LEPC Meeting Minutes Page 2 of 4 C) Kodiak Sub -Area Contingency Plan — Amendment Dvorak explained this plan is for oil spills and hazardous materials. The KIB is its own sub -area. Our plan hasn't been amended yet, but soon will be. Dvorak updated the committee on the Geo Response Strategy (GRS). In the new plan annex it was determined the North end would be hit harder with oil if a spill occurs. We need to distribute resources along with Geo Response Strategy. In the event of leaking vessels, PPOR's (potential plans of refuge) are places where boats and ships could tie up. The environment may have to be sacrificed in these areas. Hazing to get the wildlife out of the area would help, and the spill could then be contained in the area and cleaned up. There will be a major upgrade to the plan. The Coast Guard and DEC are responsible for making amendments. D) Kodiak Area Emergency Operations Plan — Distribution Dvorak stated the plan was adopted last year. For a copy of the Emergency Operations Plan see Duane Dvorak. E) Report on LEPCA and SERC Meetings — January 23 and 24, 2007 Bob Himes was not present to give report. Lon White stated he attended a pre- season cruise ship meeting to discuss the impact of cruise ships in Alaska waters and what to do in an emergency such as, vessels on fire at sea, groundings, and criminal activities. There is a need for a safe haven for a ship that size. There needs to be a plan for how to get people off the ship and receiving them at port. There aren't many resources for firefighting off shore. Carmel suggested filling air bottles so they can fight the fire. We also need to think about mass casualties, quarantine, security incidents, and in the event of a terrorist threat, is the evacuation site safe. Dvorak stated it sounds like a good presentation. He also said the hospital will test an alternate site in June and would like LEPC to evaluate and give their input on the exercise, staff, and equipment. The scenario hasn't been defined yet, but there is a possibility of making it a community exercise. PRESENTATION There were no presentations. COMMUNICATIONS The next LEPCA/SERC Meeting: • April 12, 2007 Pandemic Flu Planning and Training Meeting from 10:00 am -1200 pm at the Bayside Fire Department • May 1 -3, 2006 Pandemic Flu Exercise • May 21 -22, 2007 Grant and Report Training • June 7, 2007 ESO /LEPC at 1:30 pm in the KIR Assembly Chambers Larry LeDoux stated the Fiber Optic Cable is vulnerable to earthquakes, and expressed concern if Kodiak has any emergency communications equipment. Dvorak stated we could still use the satellite as a backup. ADJOURNMENT March 1, 2007 ESO /LEPC Meeting Minutes Page 3 of 4 TC Kamai MOVED TO ADJOURN the meeting. The motion was SECONDED by Lon White. ATTEST BY: .\ aQ0. Sheila Smith, Secretary Community Development Dept. DATE APPROVED: June 7, 2007 LOCAL EMERGENCY PLANNING COMMITTEE March 1, 2007 ESO /LEPC Meeting Minutes Page 4 of 4 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Gary Carver X Sheila Smith Dave King X Community Development Bill Oliver X Bud Cassidy Thomas Trosvig X Community Development Charlie Powers X CALL TO ORDER Gravel Task Force Minutes KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTE REGULAR MEETING -JULY 2, 2007 MINUTES The meeting of the Gravel Task Force Committee was called to order at 5:35 p.m. by CHAIR LYDICK ON July 2, 2007 in the KIB conference room. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER OLIVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER ANDERSON, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMITTEE MEMBER ANDERSON MOVED TO APPROVE the minutes from May 7, 2007 as presented. The motion was SECONDED by COMMITTEE MEMBER OLIVER, and it CARRIED by unanimous voice vote. OLD BUSINESS There was no old business. NEW BUSINESS A. Review of the DRAFT FINAL REPORT Lydick stated he put this report together trying to hit the points in the legislation. He doesn't feel a resolution should be put out without an accompanying report. It was the consensus to wait until the testing is clone en it can he discussed and then fine tone the report and resolution. The Task Force also discussed their mandate regarding the regulations. COMMUNICATIONS There were no communications July 2, 2007 Page 1 of 3 REPORTS Mike Anderson: Exploration Results Salonie Creek Site ANDERSON stated nothing was found at Salonie Creek. It was mostly overburden and glacial till. Bedrock was found on one of the highest sections. Bob Hales went with him and eleven holes were dug. Holes were dug holes by the rifle range and then up by the Cottonwoods. Silt was found down to 9 feet with a lot of water. When they dug behind the rifle range the hole was full of ammunition and gun parts so they covered it back up. The area that was identified to do the exploration on where the mounds are going in was standard organics, a good layer of ash, overburden, and then glacial till with one exception there was bedrock. In the area where material was borrowed from Anderson discovered what was borrowed was glacial till which was used as fill. Anderson and Hale dug down 3, 4, and 5 feet where the old parts of buildings are and found gravel fill, and then found where that fill was used. The material was borrowed out of there to make a big area and then just capped it with gravel. ANDERSON and Hale's assumption is the gravel came right out of the creek. It was fine without much cobbles. They dug in two different man made construction pads which the material was the same as the material in the creek. If you went up further past the borough property you would get into more cobbles that would probably be better quality material. There was nothing found worth developing on the borough property. Mike Anderson: Exploration Results USCG Site ANDERSON stated there were 9 sites identified on Coast Guard property to dig but the Coast Guard came with a permit to dig only 6 holes. Anderson picked the 6 places that best represented the area which he got good results from. In the first hole, the water level was at 6 %2 feet down but he dug to 14 feet deep with no change in the material, but he found a silt lens about a foot deep. Most of the holes were dug at 14, 14, 16, and 18 feet. The better holes were farther up closer to the river and away from the ocean which he got 18 feet with no water, and then 17 feet with no water. Up in the corner is a big bedrock knob. ANDERSON said the 17 and 18 foot deep holes that had no water were probably two hundred feet from the creek. The gravel looks good which he got 6 five gallon bucket samples to be sent in. He likes the high percentage of cobbles because it bodes well for the hardness of material. The site looks good. It's on the road system and there aren't any neighbors to disturb. CASSIDY stated he and Smith will be working on getting the buckets labeled tomorrow and shipped shortly after. CARVER asked Cassidy to review the situation on how to acquire the property. Cassidy stated that after 9 -11 the mission has changed, and it is no longer the Dept. of the Treasury, it is Homeland Security. The divestiture program is on hold, but the focus is still on the airport. (inaudible). Cassidy will talk to Rick Gifford to see if he will look into acquiring the property. Cassidy was dealing with Alameda, but is dealing with the local Coast Guard now. ANDERSON stated there is probably some contamination that will require clean up. He found old fuel and water lines and open manholes next to the creek. Cassidy said if the property goes back to BLM (inaudible), we will automatically get it. Brief discussion on how contamination is found. It was suggested there may be old asbuilts or maps that would show suspect areas, possibly mapped out on aerial surveys, or the Corp probably has a procedure for finding contaminated areas. It was consensus to contact the Corp. OLIVER stated there are about 75 acres in the B Tracts and about 25 acres at Salonie Creek. Gravel Task Force Minutes July 2, 2007 Page 2 of 3 It was the consensus to direct staff to draft a resolution for the acquisition of Lot 7 highlighting the major importance's including the Coast Guard's need for gravel for their work on the base. POWERS stated Koniag had geologists come to take rock samples and took measurements. The material is going to be for rip rap and armor rock. There is good anchorage and good staging area for that rock to be exported throughout the marine highway system. Ouzinkie and Port Lions has a need for an ice free port. He feels it should be acknowledged as a source. POWERS said they did some preliminary tests last year which the tests came out high. The samples they just took came from 11 different sample sites and went up to 600 feet and down trying to get an idea of volume. The degradation value was 74 with 45 being a good minimum; the LA abrasion test — loss was 28% which is good; the soundness aggregate test-.24 loss. These were done on 2 different sites. They are looking for armor rock. POWERS feels some of his information should be included stating there is another source. POWERS is willing to put together a couple of paragraphs. ANDERSON said he and Hales looked at Middle Bay but there is nothing there. Meeting schedule: • August 13, 2007 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:40 p.m. ATTEST BYE ex Q cx Sheila Smith, Secretary Community Development Department DATE APPROVED: August 13, 2007 Gravel Task Force Minutes B KODIAK I LAND BOROUGH EL TAS RCE COMMITTEE l a in Ly.i , Chair July 2, 2007 Page 3 of 3 Meeting Started: 7:02 p.m. Monashka Bay Road Service Work Session — 3" Quarter Me Bayside Fire Hall July 19, 2007 Roll Call: Randy Spivey, Dave Sundberg, Chaz Glagolich, Darlene Turner, and Drew DeVries Minutes: Randy moves to approve the May 17, 2007 minutes. Chaz - seconds. Minutes were approved unanimously. Public Comments; As Chair of the Pond Committee, Louise Stutes has documents for the Pond owners to sign which give the State (Kodiak Soil and Water Conservation) permission to look into a settling pond for the Three Sisters Pond. Old Business: a. Spring Walk Around and Work Schedule: Darlene is to meet with contractor this week to get things going. Our list include; a Mountain View and a Devil's Prong culvert with ditching. Then Marmot has two spots that have potential liability issues. These need to be ditched and filled in. If money is still on track, possibly add gravel and bank them. The rock is to cover the base of the road where rock and stumps are showing that can not be plowed over. And we need to look into some of the materials that the other road districts have used to reduce the dust and pot holes. In front of Randy's and Jim's house there needs to be bigger rocks to help stop the erosion. The fence on Mt. View also needs a call to the resident to know the legalities involved. b. Street Signs: These are in and need to be installed on the break away poles. They are to be put in by the contractor, except for two street signs (Forest Dr. and Monashka Cr.) which can be put in by us with bolts. The other signs include speed signs and "children at play" signs. Also the placement of a post for our meeting announcements needs to be approved by highways (DOT). New Business: KIB Ordinance No. 98 -06: Tracy Mitchell from KIB gave us a presentation on the current settling pond for leachate treatment system at the Landfill. A "Toe Drain" leads to an upper aeration pond and three settling ponds. After that a green belt contains its wet lands. And then a test station samples the water before it's sent onto the ocean. Currently there is an overflow of leachate that is not being caught by the Toe Drain. The Borough needs to expand the wet land treatment system. This would add to what is currently there. The Borough is in the first stages of planning right now, so the MBRSD Board would not necessarily take action next week. Another sedimentation basin is proposed to catch the overflow that is not currently being pickup above the upper aeration pond. The consultants are proposing two curtains that would then disperse the 1 flow evenly. This would include access roads to maintain the curtains. The road will have controlled access from the dump through the bear fence. The road and curtain will be the only thing encroaching into the green belt. The sampling point below the wet lands is where the Borough is ensuring they meet water quality standards. According to the ordinance (98 -06), the MBRSD is involved and needs to be notified and have concurrence. This improvement needs to happen for health reasons and has been approved by DEC and EPA. The "Toe Lines" need to be flushed out more regularly. The current leachate field is substandard and this would make it better. According to DEC, what needs to be address is manganese and ammonia. The Borough is meeting water quality standards now except for a couple of things There is money set aside for the improvements in the Borough budget. Discussion: The residents of Marmot Dr. who use well water need to be notified. Marmot residents just finished a legal bout with Reed Oswald about contamination problems from his property. The drainage may go out to the ocean, but the land is fairly flat and the concern is the leachate could be introduced into the ground water. They residents are part of the Service District but also individual property owners. The MBRSD is charged with maintaining the roads, infrastructure and its drainage systems and to make it safe. The drainage into the green belt from the landfill is stretching our authority. The Borough needs to notify all the people on Marmot so they can at least be informed and weight in on this issue. The MBRSD would need more back ground on this Ordinance before making any decision to concur with the expanded plans. The MBRSD has a common boundary, but we don't have common infrastructure with the Bailer. Public Comments: Jim McCullough — He agrees with the Board, that this is not a Board issue but a Borough issue that needs to be publicly address to its residents through a letter at least. Board Comments: Dave Sunberg — Thanks to Tracy for education of the Dump Facilities. Darlene Turner — We got a good education tonight. Thanks for the briefing from Tracy and her attending our meeting. Thanks to Jim for attending too. 2 Randy Spivey — Thanks for everyone showing up and we've made our points. Chaz Glagolich — none Drew DeVries — none. Adjournment: 7:53 p.m. 2 7,6A4 4 4 4 . --- Y-5-eri- lene Turn V Date President Monashka Bay Road Service Area D Public Attendance Louise Stutes 486 -8757 Tracy Mitchell 486 -9348 Jim McCullough 486 -9480 Drew DeVries Secretary/ Treasurer Date 3 CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING —MAY 22, 2007 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on May 22, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members _Mike Sirofchuck-Chair Pam_ Foreman Hans Tschersich --- ------------------------------- Kevin Foster Jeff Huntley Patrick Saltonstall Andy Schroeder Cassandra Juenger Lori Demi Present X X X X X X Excused Absent BOROUGH CLERK'S OFFICE Others Present Bud Cassidy ___ ___ __ Community__Develo__pment Dept. Sheila Smith X Community Development X A quorum was established. III. APPROVAL OF AGENDA COMMITTEE MEMBER TSCHERSICH MOVED TO APPROVE the agenda as presented. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER TSHCERSICH MOVED TO APPROVE the May 8, 2007 P &R minutes. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS There was no old business. NEW BUSINESS A) Trails Plan During discussion, it was expressed they have communicated to the Assembly that there needs to be funding for consultants to write a trails plan. Their vision was that once the Comp Plan is 5/22/2007 Parks & Recreation Committee Meeting Minutes Page 1 of 3 adopted the trails plan would fit in under the guidance of that. There needs to be discussion on policies, procedures, and identifying trails. Staff was directed to research how a trail plan would be laid out, and if there is a budget item for a trails plan. Cassidy suggested P &R hold a scoping meeting in September and use the summer to plan. They should be looking at different communities trail plans, brainstorming, and then start putting this together. B) Koniag Project SCHROEDER explained this is an invitation for the Borough to take part in the project of re- routing and hardening portions of the trail by laying down geo- block. SCHROEDER, the National Park Service, GIS experts and their technicians in trail mapping (with high tech GPS equipment) will be there also. There will be 1 crew each week so no one has to stay the 2 weeks. Cassidy directed Smith to find out how many borough representatives can go or if it's just an invitation to DEMI alone. Discussion of mapping, GIS, Trimble, and the possibility of our equipment being outdated. C) Test Trail Project During discussion, it was expressed the object of the test trail project is to try out their procedures for getting easements, dealing with private land owners, and legally designating trails. While at training FOSTER and HUNTLEY learned what agencies and large government land owners do to manage their trails using TMO's (Trail Management Objectives) with specific codes for specific designations. HUNTLEY suggested at the last meeting to pick a trail and run it up the pole. One choice is the Chichenoff trail which there is grant money available for Safe Routes to Schools. Cassidy stated we could figure out the framework on how to acquire easements and the liability without doing the test trail. Cassidy suggested everyone think about identifying trails, deciding on policies, etc. to come up with the most effective way to go about putting together a trails plan. Pam Foreman arrived at 7:45 p.m. There are differing ideas among the members as to what a trails plan is or should be Cassidy stated we may want to talk about the issues associated with acquiring the rights to traversed land, ownership control, liabilities, and management; and then defining it and finding the legal side of things. He suggested they hold a stakeholders meeting for the Chichenoff trail. COMMUNICATIONS FOREMAN said she received a phone call from someone who had concerns that an off -road group is making an off -road trail in the Sacramento area. FOREMAN suggested the caller contact the off -road groups to ask them. REPORTS A) Meeting schedule: • June 12, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • June 26, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. FOREMAN and SIROFCHUCK will not be at the June 12` meeting. 5/22/2007 Parks & Recreation Committee Meeting Minutes Page 2 of 3 There were no further reports. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS TSCHERSICH invited everyone to his hike up Russian Ridge Forest on June 2 " Everyone will meet at 9:30 am at the Visitor's Center or the Nazarene Church. This invitation is also extended to the Assembly and the P &Z Commission. SALONTSTALL (inaudible) is Antone Larsen. SCHROEDER said if we keep talking about this we will find consensus and move forward with the trails plan. SIROFCHUCK thanked Andy and the Island Trails Network ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. The meeting adjourned at 8:37 p.m. ATTEST By: Pk OC7t nr"`rl Sheila Smith, Secretary Community Development Department DATE APPROVED: July 24, 2007 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMI'I;TEE By: Mike §irofchuck, Chair 5/22/2007 Parks & Recreation Committee Meeting Minutes Page 3 of 3 CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:08p.m. by VICE CHAIR FOREMAN on July 10, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members Present Excused Mike Sirofchuck -Chair X Pam Foreman X Hans Tschersich X Kevin Foster --------------------------- - - - - -- Jeff Huntley X Patrick Saltonstall X ------------------------------------- Andy Schroeder __Cassandra Juener Lori Demi X A quorum was established. COMMITTEE MEMBER HUNTLEY MOVED to excuse MEMBERS FOSTER, SIROFCUCK, SHCROEDER, and DEMI. COMMITTEE MEMBER SALTONSTALL SECONDED the motion, and it CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA MINUTES OF PREVIOUS MEETING OLD BUSINESS l5 C E L W KODIAK ISLAND BOROUGH r---- PARKS & RECREATION COMMITTEE REGULAR MEETING —JULY 10, 2007 AUG - 7 2007 I MINUTES BOROUGH CLERK'S OFFiCE Absent 1- X Duane Dvorak Others Present Community Development D pt. Bud Cassidy X _ Community Development Sheila Smith 7/10/2007 Parks & Recreation Committee Meeting Minutes Page 1 of 4 Community Development Dew COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the June 12, 2007 P &R minutes as submitted. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. A. Trails Plan — Historical Outline & Information Dvorak stated there is $10,000 in the budget for re- initiating a trail planning effort. He also said Ian Moore developed the Kodiak Trail Mileages which he took GPS coordinates and metadata for over 200 miles of trails on the road system and over 200 photos. The overview map with a legend describes the information gathered on the trail. Following is the outline that is the initiative Parks, Recreation, Open Space and Trails (PROST) Comprehensive Planning Process. It's envisioning the trail piece to be a significant chapter or element of a larger recreational plan that would embrace the full mandate that the committee has for anticipating recreational needs of the borough residents. Dvorak stated an inventory is needed, and then evaluate it. Some information may need updating. The Trails Enthusiast Survey by Doug Whittaker was done in June 2004 and prior. Cassidy stated we have the basis of a Trails Plan, $10,000, and some good, basic information. The next step is to hire someone to put all this together and move forward. His concern is if $10,000 is enough. Hastie quoted Cassidy $60,000 for doing a trails plan. Dvorak said part of it is gathering data and writing the plan with a large part of the planning process being travel and holding meetings. The real work is establishing policies and dealing with stakeholder groups trying to find compromises, or getting public support when dividing areas for specific uses. Cassidy suggested getting the Comp Plan and Coastal Management Plan out of the way first. Dvorak stated we're scheduled to receive $70,000 per year for the next 4 years from the CIAP grant. A list of projects was submitted to the State, and only things in the State's plan are going to be fundable. Dvorak believes we did put something in there that referenced the need for trails. FOREMAN said another other source is the ORTAB Grant. We applied for a couple this year but didn't receive any. We were told if they had been separated we would have received funding for some of them. Cassidy stated one of the new positions with the borough is a grant writer. HUNTLEY feels we can do enough of it and then have someone finalize it. We can better utilize the funds on other projects rather than have someone else do the plan for us. Cassidy said there are enough Trails Plan models that we can attempt doing ourselves, and then have someone fine tune it. FOREMAN feels we should check on costs. Cassidy will have Lori Demi put this report on the website. NEW BUSINESS A. Legal Opinion - Identifying Pubic Trails on Private Land Dvorak said all the information including the maps and metadata was given to the consultants. Because of concerns about publishing the material we got a legal opinion, and the attorney's opinion was that he didn't think the borough should be publicizing trails that may be a trespass without consent from the property owners. That's why we have the 17b easements in the Comp Plan. Cassidy stated he included a letter from the Natives of Kodiak which is a private land owner who questions the Audubon map. The letter talks about going through a process and their concerns. We are talking about 2 things; identifying trails and properties on private property that are valuable for public acquisition, and there is a strategy behind that; buy, sell, or trade. The land where the Leisnoi village is located on Woody Island is owned by the borough, and that would be an opportunity to institute a land trade. FOREMAN stated we didn't submit comments for the Comp Plan that says "As this land along the road system becomes available the Borough should look at acquisition of it to maintain for public use. 7/10/2007 Parks & Recreation Committee Meeting Minutes Page 2 of 4 Cassidy stated value of public land is the ability to access it for recreation and it may be best to keep it in public ownership. HUNTLEY feels we should deal with the landowners on a one on one basis. During discussion it was the consensus of the committee that they can hold a meeting to invite the land owners that trails cross to find out what it will take to acquire easements. The 2 basic steps to take are to obtain RFP's to find out what it will take to finish the plan and have a land ownership overlay done. TSCHERSICH had concerns about the data being incorrect in the Kodiak Trail Mileages FOREMAN stated BLM is releasing the 1 7b easements, and it's being done very quietly. Cassidy will look into the 17b easements being released. B. Draft Recreational Amenities Ordinance & Legal Opinion Dvorak stated it was approved by the P &Z in December 2006, and then it was sent to the borough attorney who had concerns, one being requiring developers to develop public amenities. The attorney recommended a preamble where we try to document the rational nexus between the public good we're trying to achieve versus the private property rights being affected by this requirement to give up land for open space, pocket parks, etc. Another concern was in the general regulations about discretion and findings, but the bulk of his comments were in the financing implementation. Who will maintain and pay for the upkeep? If we can't find anyone or group to allocate it to then it becomes the borough's responsibility. Cassidy stated the Assembly wants to meet with the Parks & Rec Committee and the P &Z Commission in July. This would be a perfect time to talk this through with the Assembly and P &Z. The draft ordinance is for large subdivisions. Dvorak stated it is pretty much ready to go back to the attorney and then to the Assembly. At the earliest possible stage, it needs to be identified if the maintenance will be assigned to a group. If so who will it be and how will it happen. COMMUNICATIONS Cassidy updated the committee on the Woodland Estates land acquisition saying an appraisal is in the process so there's a basis for negotiation. He also said the Otmeloi project is 3 projects in 1, and it's dealing with access to the school. There are 3 pots of money that would provide that access: The first is for $1.3 million; and is a federal earmark to build bike trails up Lilly and Antone so there's safe passage to Northstar as well as to Rezanof. Second, is $3.3 million for Otmeloi which was State general fund money set aside to improve Otmeloi including curbs, gutters, sidewalks, lighting, and separated bike trails. Then it goes to DOT. We're suggesting a greater level of construction than what the State requires, and if we do we'll probably take ownership of the Otmeloi project. We don't know if $3.3 million will be enough so we are working with the State to free up $500,000 to do a design. With a design and an updated cost estimate, if we need more money we'll go back to the legislature to ask for more. The third being the borough has money to do a master plan for Northstar. There is chaos for the bus, vehicular, and pedestrian traffic so we're looking at laying parking lots and approach ways for buses in different locations, and we purchased adjacent land on Antone which can be used for parking. Cassidy stated the money for Fort Abercrombie trail was really supposed to go to Mill Bay because of language. Lisa Holzapfel brought to his attention the need to read every single word in the legislative intent. 7/10/2007 Parks & Recreation Committee Meeting Minutes Page 3 of 4 REPORTS Dvorak stated we applied for Cassidy to attend the Advanced Trail Training in Denali. We could only apply for 1 person. A) Meeting schedule: • July 24, 200 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • August 14, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. TSCHERSICH stated he will be gone for the August 14 meeting. COMMITTEE MEMBER HUNTLEY MOVED TO EXCUSE COMMITTEE MEMBERS SIROFCHICK, FOSTER, SHCROEDER, and DEMI from tonight's meeting. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS TSCHERSICH said Pam said she failed to include our work at the VFW, the acquisition of public lands. Is it too late? FOREMAN said he should show up at the P &Z meeting individually. SALTONSTALL said it says in the plan the Spruce Cape trail is important. HUNTLEY stated there's a lot of recreational space available but the Coast Guard locks the gates. I'd like to talk to them about that and also having them explain to the new arrivals about the limitations and restrictions. Holiday Beach is a great place to go camping but it is locked. FOREMAN said Fish & Game talks to them about stream crossings, bear stuff, and about the shooting issues. Maybe we should invite someone from the Coast Guard to be here on a regular basis. FOREMAN said the CIP List should be on the next agenda. ADJOURNMENT The meeting adjourned at 8:57 p.m. ATTEST By: --2-42.1.20-16 Sheila Smith, Secretary Community Development Department DATE APPROVED: July 24, 2007. 7/10/2007 KODIAK ISLAND BOROUGH PARKS & 12EC COMMITTEE By: / 4Vlike Sirofchuck, Chair Parks & Recreation Committee Meeting Minutes Page 4 of 4 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by CHAIR KING on June 20, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Duane Dvorak, Acting Director Gary Carver X Community Development Dept. Brent Watkins X Nova Javier, Clerk Bill Kersch X Clerk's Office Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS CARVER AND JANZ. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote.. APPROVAL OF MINUTES COMMISSIONER JUENGER MOVED TO APPROVE the minutes as submitted. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. COMMISSIONER JANZ joined the meeting at 7:38 p.m. PUBLIC HEARINGS A. Case 07 -023. Request a Variance, according to KIBC 17.66, in order to allow 203 off - street parking spaces to serve the hospital and long term care facility where 218 off - street parking spaces are required by KIBC 17.57, a variance of 15 off - street parking spaces. Dvorak reported (9) public hearing notices were distributed for this case, with no responses. He circulated the full -size parking plan, and stated the project is evolving somewhat. The original request was cut in half due to additional proposed parking. Staff recommended approval with one condition that was re- worded from last month to be more advisory or recommendation for investigation alternative methods of parking requirements, ways of reducing off - street parking, improvements for bicycles, bike racks, pedestrian improvements, and incentives for carpooling. COMMISSIONER WATKINS MOVED TO GRANT a Variance,; in accordance with KIBC 17.66, in order to allow 201 off - street parking spaces to serve the hospital, long -term care facility and proposed June 20, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING MINUTES JUNE 20 2007 D AUG - 7 2007 !O FORPUGH Uri cS OFFICE P & Z Commission Meeting Minutes Page 1 of 8 community health center where 214 off - street parking spaces are required by KIBC 17.57, a variance of 13 off - street parking spaces, subject to a condition of approval, and to adopt the Findings of Fact in the Staff Report dated June 13, 2007 as Findings of Fact for Case No. 07 -023. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: COMMISSIONER JUENGER stated he appreciates all the work and effort put into this. CONDITION OF APPROVAL 1. It is recommended that the petitioner develop a parking management plan that identifies the actual number of average daily trips (ADT) to and from the hospital complex. Based on this data, the petitioner may develop a strategy of alternate improvements to the supplement the parking plan which will help to satisfy any unmet need for the additional 13 off - street parking spaces that were not required to be developed as a result of this variance. The plan may consider such options as pedestrian improvements, bicycle racks, transit stops, taxi stands, carpooling incentives or any other improvements that might encourage a reduction in average daily vehicle trips to the hospital complex by employees or the public. 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. The property is topographically constrained as evidenced by the considerable terracing that has been done to provide developable area for the current hospital and care center. (See attached digital images for examples of this observation) The terracing is most notable along the north side of the property (below the city cemetery) and along the side lot line adjoining Rezanof Drive East. Both of these areas are supported with extensive retaining wall structures. The intended use of the development is unique to this site. The proposal to construct a Community Health Center (CHC) that adjoins the hospital is proposed because that will allow the CHC to leverage facility and organizational resources that have already been developed by the community. No other conforming site can offer this kind of synergy or economy -of -scale to benefit the Kodiak community. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Disturbance of the retaining wall structures and additional excavation would be prohibitively expensive to the community. This fact makes development of additional parking on the upper side of the hospital building infeasible. Development on the downhill side of the complex, as proposed, appears to be the only practical option which further reduces the availability of additional parking. Although it did not provide the most desirable traffic circulation and maneuvering pattern, the petitioner did have a conforming alternative which provided the required number of parking spaces. Albeit this was accomplished with a one -way circulation pattern for a portion of the site along the uphill side retaining which would have allowed for angle parking instead of parallel parking. If the variance is granted it should be predicated upon a parking management plan which would require data on actual site use characteristics associated with the hospital, long -term care center and proposed CHC uses. Based on this data, certain improvements may be suggested which would provide an off -set for vehicle trips such as additional pedestrian and bicycle improvements, transit improvements or designated taxi stand locations. June 20, 2007 P & Z Commission Meeting Minutes Page 2 of 8 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. Because Kodiak is an isolated community with only one hospital, it is hard to compare this project with other similarly situated private sector properties within a given zoning district. Any hardship or practical difficulty presented by this particular project which cannot be resolved through this or other zoning based processes will have an impact on all borough residents. As indicated in Standard #2 above, a parking management plan specifically referencing ways to minimize vehicle trips to the hospital complex should be considered to ensure that off -site overflow parking situations do not occur which would require the use of on- street curb space along Rezanof Drive or in the adjoining residential areas. In addition, the granting of the variance should not result in long -term inconvenience to the public as a result of the addition of the CHC to the hospital complex. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Kodiak Island Borough hospital complex, currently operated as the Providence Kodiak Island Medical Center, is "the" designated regional hospital for the entire borough. This location has been determined and confirmed during the review process that preceded the last major expansion of the hospital facility. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The Planning and Zoning Commission will consider this request for variance and make a decision whether to grant relief prior to the initiation of any development activities. This is not an "after- the - fact" variance request. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Hospitals are a permitted use in the PL- Public Use Land zoning district, subject to a site plan review before the KIB Planning and Zoning Commission. The question was called, and it CARRIED 5 -0. B. Case 07 -028. Request a rezone, according to KIBC 17.72, from C- Conservation to RR2 -Rural Residential Two. Staff indicated there were (5) public hearing notices distributed with 1 response objecting to the request. Dvorak reviewed this request and found it suitable for R2 zoning district; it allows 2 acre minimum size. The petitioner has taken an approach for higher density to complete the subdivision. The property fronts the State road. Staff feels this to be an appropriate action, and staff recommends approval and forward it to the Assembly. COMMISSIONER JANZ requested clarification on the "unfilled prospect" in the Findings of Fact. Dvorak stated an infill in this case, is this property lies between Port Lions and Port Wakefield. There is the stretch of the State road that until recently people started subdividing along there. He received a call from the Port Lions mayor and the water and sewer will be re- routed to the State road right -of -way within 3 years that will further facilitate development in this area. COMMISSIONER JANZ asked if this keeping with the 1997 Port Lions Comp Plan. Dvorak stated the Port Lions Plan didn't really have a designation. It was just called Conservation along the road. Staff didn't see the need to hold to the 5 acre minimum in this area. June 20, 2007 P & Z Commission Meeting Minutes Page 3 of 8 COMMISSIONER JANZ asked if the map in the Comp Plan and the comments submitted by the residents of Port Lions and Port Wakefield is it conducive to making the housing go around the residential. Dvorak stated he believes the new plan map doesn't have any changes from the 1997 map. Staff considers the 2 acre minimum sets the minimum standard. COMMISSIONER JANZ MOVED TO RECOMMEND the Kodiak Island Assembly approve the rezoning of the West '/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. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Brannon Ames read a letter in favor of this request, and encouraged the commission to pass it on to the Borough Assembly. Cliff Baker of Integrity Surveys addressed the two acre lot size minimum saying the petitioners wanted to develop around the terrain, and that would lend itself to having larger parcels. Public hearing closed: Regular session opened: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area 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. The question was called, and it CARRIED 5 -0. C. Case 07 -026. Review of the revised and updated Kodiak Island Borough Regional Comprehensive Plan. Dvorak stated the Comprehensive Plan project has been in the development process for 1 'h years now. This is the first public hearing. There's been new plan information posted on the website created for this project and it's been available to the public. There was a problem with the advertising, but it did get advertised with only a couple of days notice so staffs recommendation is to consider this an introductory public hearing and carry this over. Matt Hastie presented a PowerPoint presentation overview of the process of the Draft Comprehensive Plan. Dvorak stated this is the biggest plan we have done in some time. Copies of the plan will be printed at request, we will provide on CD, and it is on the Comp Plan website. As comments come in we will try to get them out to the commissioners and to the consultants. June 20, 2007 P & Z Commission Meeting Minutes Page 4 of 8 Regular session closed: Public hearing opened: Bill Burton stated he strongly urges the Borough to designate Narrow Cape including the Sacramento Valley up to Sequel Point with exception of the beach areas to non -ATV traffic. We have suffered big impacts financially due to his buffalo following the ATV trails to Chiniak. Blythe Brown thanked Hastie for incorporating the invasive plants comments into Chapter 10- Environmental Quality. She would also like the chapter introduction stronger and expanded to include our threats to our environment. Invasive species, both terrestrial and aquatic, can be just as devastating as or even more than an oil spill. Geneneiva (Dee Dee) Pearson spoke in support of Burton's proposal. Pearson would like to see the Sacramento Valley area preserved for backpacking and fishing without the use of ATV's. It's a wonderful place, and it should be left as god intended. Robert Hardy from Soil & Water stated it needs stronger language on the use of alternative energy including the actual investigation and the costs for each of the villages off the grid. The ones working on strictly petroleum and partially hydroelectric needs to looked at closer and make it a higher priority or we are not going to survive. The ones with high tidal activity could be provided with a very cost effective measure of electricity without using petroleum or chemicals. Public hearing closed: Regular session opened: Hastie explained a 17B Easement is a BLM established public easement that crosses public or private land. The map shows some sites that aren't so much easements but recreation sites associated with the easements. Dvorak stated these easements were created as part of Alaska Native Claims Settlement Act (ANCSA) when the land was conveyed from the Federal Government to the native corporations provisions were created for these access easements. COMMISSIONER WATKINS stated we need to spend more time on this. The two things foremost are the Near Island issues and the Natural Use area in Sacramento Valley. COMMISSIONER JANZ stated she read through the plan looking for anything in the Anton Larsen area. In Chapter 7, page 13 it gives a paragraph telling how the dock and boat ramp provides access to fishermen as well as boats carrying supplies. JANZ stated it was discussed that the bay would provide access for Port Lions residents to drive the road into Kodiak. She would like to consider adding this to the list of other docks and launch facilities in Chapter 7. JANZ asked about Mr. Burton's proposal on making the ATV free areas, and she feels this document doesn't have the tools to address these areas. Hastie recommends going through a more detailed trails planning process. COMMISSIONER KERSCH inquired about the State regulation, land use, and land owned by the State designates the uses. Hastie stated the State owned land the State identifies what the allowable uses are. He's not sure if the Borough has the authority to designate or prohibit certain uses on the lands. The Borough could lobby the State or participate in the process with the State to do that. Mr. Burton leases an area from the State and he owns a smaller piece of property where his operations are centered, but where his animals graze is owned by the State. COMMISSIONER KERSCH asked about Chapter 9, page 6. He wants to know why there isn't a Planned or Proposed use for Near Island. Hastie said it could be an omission or it could be in that plan beyond what's been identified. He needs to go back to look at the source document. June 20, 2007 P & Z Commission Meeting Minutes Page 5 of 8 COMMISSIONER KERSCH is concerned about the economic development issues in light of the population and business reduction that is currently happening. Are we planning properly for the reduction of population and loss of business growth here? Hastie stated this information can be strengthened or supplemented. COMMISSIONER JUENGER stated we need to look at any current plans that have been put forth for Near Island development. He wants more emphasis on the Anton Larsen Bay transportation scenario. According to the CIP list, it sounds like the road will be extended beyond Anton Larsen to an ice free, all weather port. Is there a way to identify ideas that were met with less enthusiasm? Hastie said they have summaries of all the rounds of public meetings held, and it's on the website. COMMISSIONER JANZ asked if in Chapter 4, page 12, 2 paragraph, is that referring to the Gravel Task Force Plan. Hastie stated no, the Comp Plan. CHAIR KING stated in Chapter 11, page 78, it says the Womens Bay area is served by the Bells Flat Native Corporation. There is no such entity. Hastie stated they received a number of comments from Womens Bay residents as we were working on this latest draft of the plan and incorporated as many as we could. We felt we needed to take a closer look before we made those changes. CHAIR KING asked if the rocket launch site in Bells Flats was caught. COMMISSIONER JANZ said in Chapter 12, page 4 and 5, there is repetition with the goals. Hastie stated Chapter 12 encapsulates all the strategies of all the previous chapters so we need to go back to ensure everything is reflected. We also need to work with staff to fill in the responsibilities column. Dvorak stated Hastie is scheduled to be here for 2 more meetings. He thought they would be at the Assembly level, but we need to talk about. Dvorak also said he transmitted to the commission and public the agenda statement as a cover to the plan. It really isn't a cover for the plan and Hastie had an idea of doing an online cover selection process. Hastie said they will do via the website is to give people a chance to vote for their favorite or submit their own ideas. COMMISSIONER WATKINS MOVED to defer action on the Comp Plan to the July meeting scheduled. The motion was SECONDED COMMISSIONER JANZ, and it CARRIED by 5 -0. D. Case 07 -030. Review of the Draft Kodiak Island Borough Coastal Management Plan. Dvorak stated this document is largely the results of our consultant working with DNR staff that reviews plan amendments. We have been working on this for several years. It was previously approved by the Commission and then by Assembly Resolution in January 2006. The plan was sent back to the borough 3 times since then for substantial changes before ADNR would agree to approve the plan with any substantial local policies. It's important to get this plan adopted before our current plan sunsets on September 1, 2007. Staff is aware of the problem in the Table of Contents and it will be taken care of. COMMISSIONER JANZ MOVED TO APPROVE the June 2007, Draft of the Kodiak Island Borough Coastal Management Plan and transmit the plan to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: June 20, 2007 P & Z Commission Meeting Minutes Page 6 of 8 Blythe Brown of the Kodiak Soil & Water Conservation District stated when she was working with the refuge on getting a pesticide use proposal approved we went through the Coastal policy questionnaire and approval process, and she wants to know how this will affect her work if she does this again. Dvorak stated the coastal policy questionnaire probably will remain relatively unchanged, but the projects will be reviewed against the policies in this plan and against State regulations. We are still operating under the 1983 policies, which are generic and subject to interpretation. The State wants to move forward with regulations that are more universal around the state, and not as prone to different policies in different coastal communities. ADNR will exercise more interpretation, and we will have less influence in the process. Public hearing closed: Regular session opened: The question was called, and it CARRIED 5 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A. Letter of Courtesy & Advisory to Mr. Adam T. Powers from Martin Lydick, Associate Planner dated June 11, 2007 Dvorak stated this is in regards to a fuel tank located in a setback. The tank was placed before permits were obtained. According to the building officials, they have agreed to move it. Mr. Powers delayed establishing a date to move it, so we established one for him. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A. Meeting schedule: • July 11, 2007 work session at 7:30 p.m. in the KIB Conference Room • July 18, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B. Minutes from other Meetings: • May 8, 2007 Parks & Recreation Meeting Minutes COMMISSIONER JUENGER MOVED to acknowledge receipt of reports. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER KERSCH requested to be excused from the July 11 th and 18 meetings. He will be in transit to Akron, Ohio for his daughters' Soap Box Derby Race. COMMISSIONER JUENGER thanked staff and Mr. Hastie for there work well done, and he also thanked Nova Javier for her additional duty. June 20, 2007 P & Z Commission Meeting Minutes Page 7 of 8 COMMISSIONER JANZ thanked Hastie for a good working document with a lot of information. She learned a lot and it's taken a lot of different groups working together. It is a document we can use for a long time. JANZ also thanked Dvorak for all his hard work. COMMISSIONER WATKINS appreciated Dvorak's efforts. He also thanked Hastie, and said he will be in touch by email. CHAIR KING thanked everybody for coming in, and thank you Dvorak, Bud, Nova, and Matt. ADJOURNMENT COMMISSIONER KERSCH MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 9:45 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: July 18, 2007 June 20, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Dave King, Chair P & Z Commission Meeting Minutes Page 8 of 8 CALL TO ORDER APPROVAL OF AGENDA July 18, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO BOROUGII C ERK'S OFFICE REGULAR MEETING JULY 18, 2897 MINUTES LI EcEllwE l - r , 1 AUG 172007 [L The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on June 20, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Duane Dvorak, Assoc. Planner Bill Kersch X Community Development Dept. Casey Janz X Sheila Smith, Secretary Gary Juenger X Community Development Dept. Vacant A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S CARVER and KERSCH. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ stated Dave King was present and Gary Carver was excused. COMMISSIONER JUENGER MOVED TO APPROVE the minutes as amended. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case 08 - 001. Request a Site Plan Review, according to KIBC 17.33, to consider a revised site plan for the hospital and long -term care facility to include a multi -story addition to the hospital that will be used for the Kodiak Island Community Health Center. Dvorak reported this site plan has been before the Commission before and it is with regard to the proposed Community Health Center addition. A building encroachment variance was granted in Case 07 -011 and a parking variance was granted in Case 07 -023. Because this case involves a building addition as opposed to a new facility, the principal alterations to the site will involve a P & Z Commission Meeting Minutes Page 1 of 7 marginal change to the site and structure. Not shown on the site plan is proposed landscaping. Since the addition and parking area development is likely to remove much of the natural vegetation from the site and replace it with large parking areas and access drive, it would be prudent to require some kind of landscaping to break up the large parking areas shown on the proposed site plan. COMMISSIONER JANZ reminded Dvorak that this is a single story addition and not multi- story. COMMISSIONER JUENGER MOVED TO APPROVE the site plan submitted as Case 08- 001, and find that the proposed development and use as shown on the site plan, and subject to a condition of approval, are consistent with the standards for development in the PL- Public Use Land zone, and to adopt the finding in the staff report dated July 11, 2007, as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITION OF APPROVAL 1. The petitioner shall submit a landscaping plan for review and approval by the Planning and Zoning Commission which focuses on the new parking area development near the SW corner of the site. Approval will be obtained before the issuance of a C.O. or Final Inspection Report for the new building addition, as applicable. FINDINGS OF FACT 1. The site plan has been previously reviewed by the Commission for two variance requests and the variances have been determined to be justified under the criteria set forth in KIBC 17.66. 2. The site plan, subject to a condition of approval to address landscaping will ensure that the further development of the site is well integrated with the mixed residential and institutional uses that are located in the surrounding area. The question was called, and it CARRIED 4 -0. B. Case 08 -002. Request Variance, according to KIBC 17.66.020, to allow the existing house and the construction of additional living area to be built above an existing carport that projects a maximum of 20 feet into the required 25 foot front yard setback. Dvorak reported this variance request is to allow the construction of additional living area to be built above an existing carport that projects a maximum of 16.4 feet into the required 25 foot front yard setback on the front of the house. At 40,002 square feet, Lot 11 is the bare minimum for the RR1 zoning district. The lot is characterized by extremely steep topography sloping away from the rear of the house toward Monashka Bay Road. The only practical location for a carport is adjacent to the front of the house. The extent of the current encroachments — residence, grandfathered; carport and shop /greenhouse unpermitted constructions, are the fault of prior ownership. As indicated on the site plan, an unpermitted carport (22 feet wide by 16.4 feet) currently encroaches into the required 25 foot front yard setback. The successor owners now seek to untangle the adverse legal impediments, and utilize the existing residential footprint in order to expand the property's living area above the carport. On adjacent Lot 10, a twenty by twenty two (20 x 22) foot carport was allowed to be constructed by grant of a front yard variance July 18, 2007 P & Z Commission Meeting Minutes Page 2 of 7 in 1991 (P & Z Case No. 01 -036, October 1991). The similarities between the properties and requests are striking, and the uses are certainly compatible. Since this lot is significantly constrained by topography that would not otherwise accommodate a carport, this variance request is reasonable and can be justified by the required findings. Staff recommends approval with one condition regarding the greenhouse encroaching into the front yard and side yard setback and wasn't requested as part of the variance so staff recommends it be removed or relocated in a conforming manner COMMISSIONER JANZ MOVED TO GRANT a variance, from KIB Code 17.17.050.A (Front yard), in accordance with KIBC Chapter 17.66, to permit a twenty (20) foot encroachment into the required twenty -five (25) foot front yard setback in the RR1 zoning district, in order to accommodate the existing carport located on Lot 11, Mountain View Subdivision, U.S. Survey 1678; subject to the conditions of approval contained in the staff report dated June 29, 2007; and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER WATKINS MOVED TO AMEND the motion to include "accommodate the existing carport and dwelling located on Lot 11, Mountain View Subdivision." COMMISSIONER JUENGER SECONDED the motion CONDITION OF APPROVAL 1. The existing twenty four by sixteen (24 x 16) foot shop /greenhouse, constructed within the required front and side yard setbacks must be removed, or relocated in a conforming manner. 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. This lot is characterized by an extremely steep slope falling away from the rear of the house toward Monashka Bay Road. This topography significantly constrains reasonable and affordable construction of a garage /carport anywhere on the property other than in front of the house. Variances provide for the fact that all lots in a particular zoning district area not equally developable according to a single set of developable standards. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable, most likely cost prohibitive, excavation for site development in order to attach a carport and utilize the area above for additional living area. July 18, 2007 P & Z Commission Meeting Minutes Page 3 of 7 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. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Lot 11 is located at the end of a cul -de -sac. One traditional rationale for requiring front yard setbacks — maintaining line of sight and open space uniformly along a through street —is removed. The non - permitted construction, of an entryway /carport on the house well into the front yard setback has resulted in no documented complaints or public safety issues. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as residential. 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. Actions of the applicant did not cause special conditions or financial hardship from which relief is being sought. The steep slope of the lot essentially dictated where the house could be placed near the front of the lot. 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 this variance will not permit a prohibited land use in this district. The question was called on the amended motion, and it CARRIED 4 -0. The question was called on the main motion, and it CARRIED 4 -0. C. Case 07 -026. Review of the revised and updated Kodiak Island Borough Regional Comprehensive Plan. Dvorak stated this was postponed from last month. In your packet is about 4 '/2 pages of revisions done since last month that were based on comments received. Chapter 12 will be available probably tomorrow. He believes the strategy hasn't changed much. Hastie stated it is a very broad decision making document and covers a wide variety of topics including land use and other topics. It identifies conditions within the borough; it talks about issues, and then policies and strategies to address those issues. It talks generally about different types of housing needs in the borough and types of residential land that might be needed to meet those needs. It doesn't get down to the level of detail of where those sites should be or how many acres are needed. It identifies a variety of issues associated with Parks & Recreation. We have been working on filling in the responsibility column in Chapter 12. The list of strategies hasn't changed except to reflect what is in the document already. We have started to suggest some responsibilities for implementing those actions. We will get it to you as soon as possible. Changes include comments received but not all of them. In some cases, we didn't include all comments from the public due to we felt they merited more discussion before recommending a change or we felt they were more specific than what was appropriate. We are keeping a running list of possible changes so we aren't constantly updating all 11 chapters of the document. COMMISSIONER JANZ MOVED TO APPROVE the June 2007, Draft of the Kodiak Island Borough Regional Comprehensive Plan, and transmit the plan to the Kodiak Island Borough July 18, 2007 P & Z Commission Meeting Minutes Page 4 of 7 Assembly with a recommendation for adoption. It was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Bill Burton spoke regarding getting the land from Narrow Cape to Sequel Point deemed ATV free. Pam Foreman encouraged the P &Z not to approve the Plan yet because the public hasn't had the chance to see the final document, and it still needs discussion. There's a lot of reference in this plan for additional plans that need to be done such as: a Park & Recreation Plan and a Trails Plan, but she is concerned that there isn't funding. She feels there's not enough in this document to give policy direction. John Miller stated he is not in favor of approving it yet. Is there enough clear guidance in this document to make informed decisions when zoning requests come before you? He feels the Land, Ownership, and Proposed Future Land Use map in the Chiniak chapter is disjointed because it's a combination of the three. It would be much more readable and understandable to see one of each subject. He also said the map is not detailed, complete, or consistent with other area maps. The zoning decisions section is not clear. It has RR5 as a proposal but it doesn't exist. He feels there should be a couple of people from each community to help the commission edit this document. Bob Happ stated he agrees with John Miller's remarks and that the Comp Plan is not ready. Chris Lynch also urged the commission not to forward the plan yet. She stated a comprehensive plan needs to be comprehensive, and this would be our policy making document that will affect us for the next 20 years. She wants the commission to be sure that they would feel comfortable using this document as an enforcement document and a document that staff can use to develop findings of fact. We have a good foundation but it needs further refining. She feels it is short sided on land use, and most recommendations are status quo. The whole document needs a technical writer editing input because there are so many typos. Dr. Bob Johnson stated his position is the facilitator for independent senior retirement housing which is in the planning stage, and it is in your document in general. It couldn't be more specific at this time. The elderly population is rising in Kodiak. It would be a housing complex or community complex either in the form of apartments or a gated community. It hasn't been decided yet, but we just want to make sure there is land available. Public hearing closed: Regular session opened: During discussion, it was the consensus of the commission that the Comp Plan is not ready to be approved, and they would like to see the plan with changes in place. They feel there needs to be a deadline set. Dvorak recommended postponement at a minimum of September to ensure the plan can be distributed to the public. Cassidy stated after tonight it's time to look at where we're at and where we think we need to go. The budget is probably empty, but we can talk to the Assembly, the Manager, and the consultant. Hastie stated said the comments need to be as specific as possible in terms of recommended changes to specific sections of the plan. We need specific guidance. July 18, 2007 P & Z Commission Meeting Minutes Page 5 of 7 CHAIR KING suggested advertising the public hearing and the deadline for comments. Hastie recommended having a special work session to talk about any substantive issues and alternatives. During discussion, it was the consensus to hold a special work session. COMMISSIONER WATKINS MOVED TO POSTPONE Case 07 -026 until the October 17 regular meeting. It was SECONDED by COMMISSIONER JUENGER. The question was called, and it CARRIED 4 -0. COMMISSIONER WATKINS MOVED to close the comment period on August 24 schedule a special meeting on September 5 for the October meeting approval. It was SECONDED by COMMISSIONER JANZ, and it CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A. Letter of Courtesy & Advisory to Alaska Seafood Producers Inc. from Martin Lydick, Associate Planner dated June 28, 2007 Dvorak stated this is in regards to the relocation of the fireworks stand across from Bayside Fire Station. They needed to get a Zoning Compliance and provide a parking plan revision for the site. They have been into the office, and they've indicated they fully intend to comply with the code. They should have gotten a Zoning Compliance and perhaps a building permit. REPORTS Cassidy stated he has been with the department now for a month and it is working with a full plate. The Comp Plan is the biggest project we are working on now. Cassidy thanked Hastie and Dvorak for the long hours and hard work put into this plan. Cassidy also stated the Gravel Task Force gravel samples have been sent and the results should be here in a week or so. A. Meeting schedule: • July 11, 2007 work session at 7:30 p.m. in the KIB Conference Room • July 18, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B. Minutes from other Meetings: • May 8, 2007 Parks & Recreation Meeting Minutes AUDIENCE COMMENTS John Miller thanked the commission for deferring the plan. COMMISSIONERS' COMMENTS CHAIR KING thanked Steve for being here to record the meeting every month. COMMISSIONER JANZ thanked everyone who came tonight with their input. COMMISSIONER JUENGER appreciates everyone's diligent work on the Comp Plan. July 18, 2007 P & Z Commission Meeting Minutes Page 6 of 7 COMMISSIONER WATKINS thanked everyone for coming in again being dedicated to taking care of this. CHAIR KING also thanked everyone. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:54 p.m. ATTEST BY Sheila Smith, Secretary Community Development Department DATE APPROVED: August 15, 2007 July 18, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By. Dave King, Chair P & Z Commission Meeting Minutes Page 7 of 7