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2009-05-07 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 7, 2009, 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. *Regular Meeting Minutes of March 19, 2009 and April 2, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Employee of the Quarter C. Longevity Awards D. Emergency Medical Services Proclamation E. Municipal Clerks' Week Proclamation F. Older Americans Month Proclamation G. Safe Boating Week Proclamation H. Silver Star Banner Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearina Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. 2. *Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. 3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. B. Resolutions 1. *Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. C. Ordinances for Introduction 1. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single Family Residential To B- Business (P &Z Case 09- 014). D. Other Items 1. *State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). 2. *Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. 3. *Declaring a Seat on the Planning and Zoning Commission Vacant. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. 5. *Declaring a Seat on the Womens Bay Service Area Board Vacant. 6. Assembly Approval of the Vacation in Accordance With KIBC 16.60.060 of the North 10 Foot Portion of a 20 Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th Addition. 7. Assembly Approval of a Vacation in Accordance With KIBC 16.60.060 to Allow a Reduction in Width for an Existing 50 foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, Essentially Creating a 50 foot Buffer Area Along Both Sides of Panamaroff Creek, to be Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek, a Reduction of 30 Feet on Both Sides of the Creek (Lots 1, 2, and 3 of Panamaroff Creek Estates). 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 2 of 2 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural Review Board Regular Meeting of February 25, 2009. 2. Bay View Service Area Board Budget Public Hearing of February 26, 2009. 3. Mission Lake "Tide Gate" Service Area Board Budget Public Hearing of March 23, 2009. 4. Parks and Recreation Committee Regular Meeting of March 10, 2009, March 31, 2009, and April 7, 2009. 5. Planning and Zoning Commission Regular Meeting of March 18, 2009. 6. Service Area No. 1 Board Regular Meeting / Budget Public Hearing of February 18, 2009. 7. Solid Waste Advisory Board Regular Meeting of February 4, 2009. 8. Womens Bay Service Area Board Regular Meeting / Budget Public Hearing of March 25, 2008, and February 10, 2009, March 3, 2009, and March 18, 2009. 9. Womens Bay Service Area Board Regular Meeting of May 13, 2008, June 3, 2008, September 9, 2008, October 14, 2008, November 18, 2008, December 9, 2008, and January 6, 2009. B. Reports 1. Kodiak Island Borough March 2009 Financial Report 2. Planning and Zoning Commission Case 09 -012 — Stratman Rezone Investigation 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 3 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 7, 2009, 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 membero requests, in which case the item will be removed from the Consent AgOkla and considered in its normal sequence on the agenda. APPROVAL OF MINUTES A. *Regular Meeting Minutes of March 19, 2009 and April 2, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Employee of the Quarter C. Longevity A [ s ,Jeff Johnson,, Baler Operation II, 10 Years; and Iynn McFarland, Deputy Clerk, 10 Years ' ices Proclamation t oclamatiott ' lamnation clamati clemation D. Emergen E. Municipa C lams F. OJder American Ao G aft Wee H. Silver Star Banne Pr 7. CITIZ NS' COMMENTS (Limitedto Three Minutes per Speaker) A. Ag da Items Not Scheduled -r Public Hearing and General Comments 8. COMMITTEE .,REPORTS' 9. PUBLIC HEARING Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 1 of 2 A. Contracts 1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. 2. *Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. 3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. B. Resolutions 1. *Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. 14. CITIZENS' C 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT C. Ordinances for Introduction 1. Ordinance No FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single F amil y Residential To B- Business (P &Z Case 09- 014). TS - ,(Limited to Three Minutes per Speaker) D. Other Items 1. *State of Alaska Alcoholic Control Board Application for Restaurant Designation Permit for the`Otds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). 2. *Declann • a Seat on the Monashka Bay Road Service Area Board Vacant. 3. *Decla. • eat on the Planning and Zoning Commission Vacant. 4. Confi n of e Assembly' to the Service Area No. 1 Board. 5. *De 'g a Sea the Wo Bay Service Area Board Vacant. 6. Assembl pproval!of the Vacation in Accordance With KIBC 16.60.060 of the North 10 # Po tion pf a 20 Foot Utility Easement on Lot 21, Block 11, d of a Vacate in Accordance With KIBC 16.60.060 to Allow a r an Existing 50 foot "Easement for Salmon Stream" as Essentially Creating a 50 foot Buffer Area Along Both to be Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek,. a Reddotion of 30 Feet on Both Sides of the Creek (Lots 1, 2, and of Panamaroff Creek Estates). 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural Review Board Regular Meeting of February 25, 2009. 2. Bay View Service Area Board Budget Public Hearing of February 26, 2009. 3. Mission Lake "Tide Gate" Service Area Board Budget Public Hearing of March 23, 2009. 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. Pate 2 of 2 4. Parks and Recreation Committee Regular Meeting of March 10, 2009, March 31, 2009, and April 7, 2009. 5. Planning and Zoning Commission Regular Meeting of March 18, 2009. 6. Service Area No. 1 Board Regular Meeting / Budget Public Hearing of February 18, 2009. 7. Solid Waste Advisory Board Regular Meeting of February 4, 2009. 8. Womens Bay Service Area Board Regular Meeting / Budget Public Hearing of March 25, 2008, and February 10, 2009, March 3, 2009, and March 18, 2009. 9. Womens Bay Service Area Board Regular Meeting of May 13, 2008, June 3, 2008, September 9, 2008, October 14, 2008, November 18, 2008, December 9, 2008, and January 6, 2009. B. Reports 1. Kodiak Island Borough March 2009 Financial eport 2. Planning and Zoning Commission Case 09 -012 — Stratman Rezone Investigation 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 3 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting March 19, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, March 19, 2009, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Judy Fulp, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Assembly members Branson, Friend, and Stutes were absent. KAPLAN moved to excuse Assembly members Branson, Friend, and Stutes who were absent due to personal leave. Assembly member Branson later joined the meeting at 7:50 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FULP moved to approve the agenda and consent agenda as submitted. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, and Lynch. APPROVAL OF MINUTES A. Regular meeting minutes of February 19, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Kodiak Beautification Award for an Individual to Joey Mendoza, a Residence Award to Nora and Godofredo Agmata, and a Business Award to Jack and Judy Johnson, Owners of the Kodiak Harbor Convention Center. The Johnsons were not present and the award was to be presented again at the next meeting. CITIZENS' COMMENTS — None. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee met March 10, 2009 to discuss the Trails RFP. The Committee was going through the rating process and would be submitting their recommendation to the Planning and Zoning Commission. The awarding of the contract will be submitted to the Assembly for approval. Assembly member Lynch reported that the Solid Waste Advisory Board (SWAB) held a work session and were reviewing the public comments being submitted in reference to the draft Solid Waste Collections Services RFP. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee would be meeting at the Kodiak College, Wednesday, March 25, 2009 at 9 a.m. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 1 PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Alaska Municipal Bond Bank sold Kodiak Island Borough's bonds at an average interest rate of 2.51 % which saved the Borough approximately $206,541. • FY09 Federal Amicus Appropriations Bill signed by Congress and passed by President Obama included $475,000 for the Womens Bay emergency shelter. • Reminded the public to send comments about the draft Solid Waste RFP to Tracy Mitchell, Environmental Specialist. • Announced that the Mayor and Assembly would be given a tour of the Community Health Center and new Kodiak Pool on Friday, March 27, 2009. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that Kodiak's Annual Community Spring Clean -Up was scheduled on May 2 and encouraged community participation. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2009 -14 to Provide for the Removal of Household Hazardous Waste From the Borough in Conjunction with Kodiak Spring Clean -Up Day. KAPLAN moved to authorize the Manager to execute Contract No. FY2009 -14 with Clean Harbors Environmental Services, Inc. for the removal of household hazardous waste from the Borough in conjunction with Kodiak Spring Clean -Up Day in the amount not to exceed $35,339. Proposals were requested for the household hazardous waste collection event conducted during Kodiak's Annual Community Spring Clean -Up. Two responses were received: Clean Harbors Environmental Services, Inc. and PSC Environmental Services LLC (aka Burlington Environmental, LLC). Both organizations had the necessary qualifications to conduct the work. Clean Harbor's costs were slightly higher but it was recommended that the contract be awarded to them because their proposal identified, among other things, a better on -site work plan, record - keeping, administrative duties, and accountability. The requested contract term was a unit price contract for four years with one three -year optional extension. Staff recommended approval of the contract. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, and Lynch. 2. Contract No. FY2009 -15 to Purchase a Dump Truck for Landfill Operations. JEFFREY moved to authorize the Manager to execute Contract No. FY2007 -15 with Husky Trucks International, LLC of Seattle, Washington for the purchase of a 6x4 dump truck for the landfill in the amount not to exceed $109,000. The landfill's budget had $120,000 for the purchase of 6x4 Dump Truck landfill operations. There were two International trucks in use at the landfill; a 1994 and a 2007. International trucks have had good performance and durability with normal expected routine maintenance. The Kodiak Island Borough Assembly Minutes March 19, 2009 Page 2 existing 1994 dump truck was four years past its useful life and fully depreciated. The truck body and engine were in fair condition and it was expected that it could be sold locally with a minimum bid of $6,000. Garbage bales require cover at the end of every working day per ADEC regulations. Due to the volume of garbage it would be extremely difficult to operate with one truck. If only one truck was working, the increase in personnel costs would be approximately $67,740 annually and future maintenance /repair costs would increase in order to keep the 1994 truck in running condition. The purchase of a new truck would have minimal impact to the Enterprise fund because it would be amortized over its useful life which would cost approximately $11,000 per year for ten years. It was recommended that the truck and ten foam filled tires (included in pricing and needed for landfill operations) be purchased from Husky International Trucks, Inc. in Seattle, WA, FOB Kodiak, in the amount not to exceed $109,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and Branson. Resolutions 1. Resolution No. FY2009 -23 Noting the 20 Anniversary of the Exxon Valdez Oil Spill and Supporting the Continued Practice of Accompanying Each Oil Tanker Through Prince William Sound With at Least a Two Vessel Escort. BRANSON moved to adopt Resolution No. FY2009 -23. The Legislature of the State of Alaska submitted House Joint Resolution No. 9 asking for recognition of the 20 Anniversary of the Exxon Valdez Oil Spill and requested support for the continued practice of accompanying each loaded oil tanker (either single or double - hulled) with at least two escort vessels through Prince William Sound. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Branson, and Fulp. Ordinances for Introduction 1. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance No. FY2009 -01 D in first reading to advance to public hearing at the next regular meeting of the Assembly. This was a mid -year budget adjustment which included: • The original FY2009 MIS department budget included a position for a LAN Administrator which would be better staffed with a MIS Supervisor. • The original FY2009 MIS department budget included a position for an Operations Supervisor which would be better staffed with a PC Technician 1. • The original FY2009 Community Development Department budget included a position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in the MIS Department. • Hiring of a Resource Manager in the Land Sale Fund. • Property tax collections for the General Fund exceeded its budget by $67,000. • The State temporary fiscal relief payment included $20,200 to be passed onto the Village of Karluk. • The Borough would transfer $116,400 to the City of Kodiak for half of the City's cost of an engineering and design contract for Baranof Park Improvement Project Kodiak Island Borough Assembly Minutes March 19, 2009 Page 3 • The Borough would transfer $85,000 to the Hospital Capital Improvements Fund to start conceptual planning and design of a new care center. • Federal payment in lieu of taxes was expected to exceed the budget by $500,000. • The raw fish tax collected by the State and shared with the Borough exceeded its budget by $297,000 • Severance taxes on fish were expected to exceed their budget by $200,000. • The original budget did not include rent on the common areas in the Borough building. • Transferring $218,000 from the General Fund to the Debt Service Fund that was originally budgeted to be paid for by the Facilities Fund. • Expending up to $20,000 to purchase and install a new above ground oil storage tank at the Mental Health Center. • The State had granted the Borough $5,000 to perform planning for safe student access to North Star School through the safe routes to school program. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Branson, Fulp, and Jeffrey. Other Items 1. Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision to Affirm the Community Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296 and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). The appellants are Solveig Christenson and Randy Schick. JEFFREY moved to adopt the Findings of Fact affirming the Planning and Zoning Commission's decision to affirm the Community Development Department Director's decision approving an abbreviated plat to re- subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2nd Addition. The locations are 4296 and 4304 Cliffside Road and the zoning is R2 -Two Family Residential (Case 09 -007). The appellants are Solveig Christenson and Randy Schick. • Based on a review of the whole appeal record, there was substantial evidence to affirm the Community Development Director's decision in this case which was previously affirmed by the Planning and Zoning Commission. • None of the Commission's findings of fact were in dispute. • The public hearing before the Assembly including testimony by Borough Staff, the appellant, the applicant, and supporters of both sides did not reveal new information or any cause to counter the substantial evidence the Commission relied upon when adopting its findings. • The Assembly therefore affirmed in whole the action of the Commission (to affirm the decision of the Community Development Director) and incorporate its findings of fact into the Assembly's findings on the case. Assembly member Fulp voiced her concern about the KIB codes being outdated. Community Development Director Cassidy reported that efforts to update codes, specifically the appeal section of Titles 16 and 17, were being pursued. Assembly members Jeffrey and Kaplan agreed with the Findings of Fact and felt that the Assembly upheld the code. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 4 ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Branson, Jeffrey, and Kaplan (Ayes); Fulp (No). 2. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. This item was approved on the consent agenda. Mr. Iver Malutin's term on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) was expiring May 2009. Mr. Malutin indicated with the Clerk's office that he was interested in continuing to serve on the board for a two -year term. 3. Confirmation of the Assembly Appointment to the Board of Equalization. This item was approved on the consent agenda. Ms. Cheryl Boehland was the alternate for the Board of Equalization. On February 27, 2009 she submitted her application for the vacant seat for a term to expire December 31, 2009. 4. Declaring a Seat on the Board of Equalization Vacant. This item was approved on the consent agenda. Ms. Cheryl Boehland formerly held the alternate seat on the Board of Equalization. With Ms. Boehland's appointment to the regular board seat, the alternate seat needed to be declared vacant. The term for the alternate seat was to expire December 31, 2010. 5. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. JEFFREY moved to confirm the Mayoral appointment of Mr. Jascha Zbitnoff to the Planning and Zoning Commission. There was one vacancy on the Planning and Zoning Commission. It was a Borough seat to expire 2011. Applications were received from Samuel Rohrer, Ed Mahoney, Dennis Symmons, and Jascha Zbitnoff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly members Lynch, Kaplan, Jeffrey, and Fulp congratulated the Beautification Award recipients. Assembly member Jeffrey congratulated Jasha Zbitnoff for his appointment to the Planning and Zoning Commission. Assembly member Branson reported she had returned from transportation meetings in Juneau and had spoke with the Commissioner of DOT and was assured that Mission Road was on their priority list. Assembly member Fulp stated her disappointment in Governor Palin's refusal of the stimulus monies. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 5 Announcements Mayor Selby announced that the Assembly would meet in a work session on Thursday, March 26, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, April 2, 2009 at 7:30 p.m. in the Assembly Chambers. He also announced that the Borough offices would be closed on Monday, March 30, 2009 in observance of Seward's Day. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and Branson, The meeting adjourned at 10:31 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes March 19, 2009 Page 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 2, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, April 2, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. FRIEND moved to amend the agenda and consent agenda by removing Awards and Presentations Item 5.A Student of the Month Award, Informational Materials Item 17.B.1 Kodiak Island Borough March 2009 Financial Report, and adding Item 13.8.5 Resolution No. FY2009- 29. The school district was not able to provide information on the student of the month award recipient in time for the regular meeting. The March 2009 Financial Report would be presented at the next regular meeting of the Assembly. A copy of Resolution No. FY2009 -29 was provided to the Assembly. Copies were made available to the public. Per KIBC 2.30.060(C) Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 5, 2009 and Special Meeting Minutes of March 12, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards — Mayor Selby This was the inaugural year for the Kodiak Beautification Awards sponsored by Spenard Builders Supply and recognized by the Kodiak Island Borough. These awards would be given out each year to recognize an individual, a residence, and a business that had significantly contributed to beautifying the Kodiak Island Borough. The individual and residence awards were presented at the last regular meeting. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 1 The business beautification award was presented to Jack and Judy Johnson, Owners of the Kodiak Harbor Convention Center for their efforts in remodeling a downtown building and developing the Harbor Convention Center on the corner of Shelikof Street, Marine Way, and Rezanof Drive. Mayor Selby proclaimed April 2009 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs which assist victims by learning more about the pervasiveness of sexual assault in Alaska so this heinous crime may be eliminated. Mayor Selby proclaimed April 2009 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in the efforts of preventing child abuse, thereby strengthening the communities in which we live. CITIZENS' COMMENTS — None. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee cancelled the meeting scheduled on Tuesday, March 24 due to an insufficient quorum. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Council (KFAC) meeting scheduled on Wednesday, March 25 was cancelled due to an insufficient quorum and was re- scheduled to meet after the North Pacific Fisheries Management Council meeting in April. PUBLIC HEARING A. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance FY2009 -01 D. The ordinance addressed the following: o The original FY2009 MIS department budget included a position for a LAN Administrator which would be better staffed with a MIS Supervisor. o The original FY2009 MIS department budget included a position for an Operations Supervisor which would be better staffed with a PC Technician 1. o The original FY2009 Community Development Department budget included a position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in the MIS Department. o Hiring a Resource Manager in the Land Sale Fund. o Property tax collections for the General Fund exceeded its budget by $67,000. o The State temporary fiscal relief payment included $20,200 to be passed onto the village of Karluk. o Transferring $116,400 to the City of Kodiak for half of the City's cost of an engineering and design contract for Baranof Park Improvement Project o Transferring $85,000 to the Hospital Capital Improvements Fund to start conceptual planning and design of a new care center. o Federal payment in lieu of taxes was expected to exceed the budget by $500,000. o The raw fish tax collected by the State and shared with the Borough exceeded its budget by $297,000. o Severance taxes on fish were expected to exceed their budget by $200,000. o Transferring $218,000 from the General Fund to the Debt Service Fund that was originally budgeted to be paid for by the Facilities Fund. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 2 o The original budget did not include rent on the common areas in the Borough building. o Expending up to $20,000 in purchase and installation costs of a new above - ground oil storage tank at the Mental Health Center. o The State granted the Borough $5,000 to perform planning for safe student access to North Star Elementary School through the "Safe Routes to School" program. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Per discussion with the City Manager regarding the joint work session agenda, the following agenda items were proposed for discussion: 1) Berthing the new Alaska Regional Research Vessel in Kodiak; 2) Transfer of Near Island property to the Borough; 3) Transfer of E -911 authority to the City of Kodiak for the Kodiak road system; and 4) The 2010 Seafood Legislative Reception. Consensus of the Assembly was given to schedule the joint work session on Tuesday, April 28 at 7:30 p.m. in the Borough Assembly Chambers. • Manager Gifford would be out of town April 3 -19 for the bond closing and personal leave. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that he would be attending a meeting with Mr. Kim Elton, Senior Advisor for Alaska Affairs, in Anchorage on April 16 to discuss the new Alaska Department of Fish and Game facility with the Exxon Valdez Trustee Council. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts Before the contract for Bayside Fire Station Addition could be authorized it was necessary for the Assembly to first adopt the resolution allowing for Fire Protection Area No. 1 to borrow monies to partially fund the construction contract. FRIEND moved to suspend the rules and take up item 13.B.1 Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 1. Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. JEFFREY moved to adopt Resolution No. FY2009 -25. The resolution would allow for Fire Protection Area No. 1 (FPA No. 1) to borrow up to $lmillion from the Facilities fund. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 3 FPA No. 1 sought to construct an addition to the Bayside Fire Station for approximately $1,997,275. FPA No. 1 had an estimated $1,016,811 in available fund balance and needed to finance up to an additional $1 million. If the Borough invested in the open market the Borough could invest $1 million for ten years at an interest rate of 4.5 %. If possible the project could be bonded or the interest rate could be lowered in the future; however through the proposed funding the construction project would commence during the summer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 2. Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the construction of the Bayside Fire Station Addition in an amount not to exceed $1,802,382. The contract was for the construction of an addition to the existing Bayside Fire Station. The construction documents, bid documents, and associated addenda were available for review. Bids were received in response to the Borough's Invitation to Bid dated February 12, 2009, and a bid tabulation was provided to the Assembly. The Engineering and Facilities Department reviewed the bids and recommended that a contract for the Bayside Fire Station Addition be awarded to Dowland Construction, Inc. in an amount not to exceed $1,802,382, which included the base bid and alternates 1, 2, 3, and 4. The project was funded by FPA No. 1 funds and a loan commitment (Resolution No. FY2009- 25) from the Borough to complete the project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. Resolutions 1. Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. FULP moved to adopt Resolution No. FY2009 -26. The resolution identified Karluk as an unincorporated community that met the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110. Karluk had more than 25 residents and provided fire protection, emergency medical response, water and sewer services, solid waste management, and public road maintenance to its residents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Resolution No. FY2009 -27 Participating in the AML /JIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution authorized Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation required an annual Kodiak Island Borough Assembly Minutes April 2, 2009 Page 4 adoption of the resolution in order to be eligible for the discount of $20,000 on the Borough's contribution, as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. 3. Resolution No. FY2009 -28 Supporting the Alaska Commission on Aging 2009 Priorities and Urging the Alaska Legislature to Implement These Priorities. JEFFREY moved to adopt Resolution No. FY2009 -28. The resolution was requested by Assembly member Branson to support the Alaska Commission on Aging 2009 Legislative priorities and urge the Alaska Legislature to consider the priorities for implementation as it weighed the competing demands on the State of Alaska resources. The priorities were: 1) An additional $2 million for the Senior Home and Community Based Services Grants program that would provide continued funding for important senior services funded by the Older Americans Act and the general fund. 2) Regular review of state reimbursement rates for senior services, which could result in reimbursements that kept pace with cost increases. 3) Reauthorization of the Medicaid Adult Dental Program (scheduled to sunset June 30, 2009), which would provide preventative dental care to income eligible adult Alaskans, of which 40% are over age 60. 4) Support for Alaska Housing Finance Corporation's request for funding to provide housing for homeless persons, 17% of which are 55 or older. 5) Creation of a statewide transportation fund to support services to older and all Alaskans. Assembly member Branson explained the intention of the resolution was to protect Alaska's senior citizens and to keep seniors in their homes and communities. ROLL CALL VOTE ON MOTION CARRIED UNIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 4. Resolution No. FY2009 -29 Appointing Karleton G. Short as Acting Borough Clerk for the Purpose of Executing and Delivering on Behalf of the Borough the General Obligation Refunding Bonds, 2009 Series A and Other Documents that are to be Executed and Delivered by the Borough in Connection with the Issuance and Delivery of the Bonds if the Borough Clerk is Unable to Attend Due to Air Transportation Disruptions. KAPLAN moved to adopt Resolution No. FY2009 -29. The Borough agreed to sell general obligation bonds and the delivery of such bonds was scheduled to occur April 8 and 9 In consideration of recent volcanic activity causing disruptions of air transportation it was necessary to designate Finance Director Karl Short as Acting Borough Clerk in order to attest documents on behalf of the Clerk should there be additional air transportation disruptions during her scheduled travel on April 7th ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 5 Ordinances for Introduction 1. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. BRANSON moved to adopt Ordinance No. FY2009 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26 to review the code revisions in the ordinance. The proposed ordinance was also reviewed by the Borough Attorney for compliance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Other Items 1. Confirmation of Assembly Appointment to the Board of Equalization. STUTES moved to confirm the appointment of Ms. Cheryl McNeil to the Board of Equalization alternate seat for a term to expire December 31, 2010. An application was received from Ms. Cheryl McNeil for the vacant alternate seat on the Board of Equalization for a term to expire 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Declaring a Seat on the Parks and Recreation Committee Vacant. This item was approved under the consent agenda. Ms. Lori Demi submitted a letter of resignation from the Parks and Recreation Committee on March 11, 2009. The Assembly accepted, with regret, the resignation of Ms. Lori Demi for a term to expire December 31, 2010 from the Parks and Recreation Committee and directed the Borough Clerk to advertise the vacancy per Borough Code. 3. Approval of Revised Planning and Zoning Commission By -Laws. This item was approved under the consent agenda. During its regular meeting of March 18, 2009 the Planning and Zoning Commission reviewed and approved changes to their by -laws and recommended forwarding them to the Assembly for approval. The Assembly approved the revised Planning and Zoning Commission By -Laws. CITIZENS' COMMENTS Mike Dolph thanked the Assembly for its support of Resolution No. FY2009 -25 and Contract No. FY2009 -16 so that construction could begin on the Bayside Fire Station addition in order to accommodate new fire apparatuses. ASSEMBLY MEMBER COMMENTS Assembly member Stutes had no comments. Assembly member Kaplan congratulated Mr. and Mrs. Johnson on receiving the Business Beautification award. He thanked Kodiak Women's Resource and Crisis Center (KWRCC) and the Office of Child Services for the work they do for the community. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 6 Assembly member Friend thanked the Clerk's office staff for the work on the Elections code review and he looked forward to further review of the Borough code. Assembly member Jeffrey thanked the City of Kodiak for the land that was provided in the past for the research facilities on Near Island and commended the City's cooperation and collaboration with the Borough for the good of the community. She expressed appreciation for the City Public Works Department's hard work during the blizzard. She spoke on the condition of Mission road. Assembly member Fulp was happy that Mayor Selby would be meeting with Mr. Elton. Assembly member Branson suggested the Borough post a sign or plaque thanking the City of Kodiak for providing the Borough with the land for the research facilities on Near Island. She spoke about the City Council's intention of submitting to the Alaska Congressional Delegation a resolution in support of returning the Immigration Office to Kodiak and asked that this be an agenda item for discussion at the upcoming joint work session. Assembly members thanked Fire Protection Area No. 1 for serving the community and congratulated the board for the upcoming construction of the fire station addition. Announcements Mayor Selby announced the Assembly would be holding a special work session at 8:30 p.m. with the Solid Waste Advisory Board to discuss the Solid Waste Collection Services Draft RFP. The next Assembly work session was scheduled on Thursday, April 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next Assembly regular meeting scheduled on Thursday, April 16, 2009 at 7:30 p.m. in the Borough Assembly Chambers had been cancelled. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. The meeting adjourned at 8:20 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes April 2, 2009 Page 7 SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. This ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26 and reviewed the code revisions in the ordinance. This ordinance was also reviewed by the Borough Attorney for compliance. APPROVAL FOR AGENDA: _ RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -19. 1 2 3 Introduced by: KIB Assembly Requested by: KIB Assembly /Clerk Drafted by: KIB Clerk Introduced: 04/02/2009 Public Hearing: 05/07/2009 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009 -19 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING THE KODIAK ISLAND BOROUGH 10 CODE OF ORDINANCES TITLE 7 ELECTIONS 11 WHEREAS, the Assembly desires to make changes to the Election Code of the Kodiak Island 12 Borough to bring it into compliance with existing laws. 13 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 14 BOROUGH THAT: 15 Section 1: This ordinance is of a general and permanent nature and shall become a part of 16 the Kodiak Island Borough Code of Ordinances. 17 Section 2: Title 7 of the Kodiak Island Borough Code of Ordinances is amended as follows: 18 Title 7 19 ELECTIONS'' 2 20 Chapters: 21 7.10 General Provisions 22 7.20 Qualifications of Voters and Candidates 23 7.30 Procedures for Conduct of Elections 24 7.40 Canvassing and Certification of Election Returns 25 7.50 Absentee Voting 26 7.60 Election Pamphlet 27 7.70 Elections by Mail 28 29 'For statutory provisions governing municipal elections, see AS 26.29.26; for provisions 30 requiring the assembly to prescribe the general rules for the conduct of municipal elections, see 31 AS 29.26.010. 32 33 2 Editor's note: Chapter 2.01 KIBC, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and 34 Ord. 90 -07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of the 35 clerk. 36 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 1 of 22 37 38 Chapter 7.10 39 GENERAL PROVISIONS 40 Sections: 41 7.10.010 42 7.10.020 43 7.10.025 44 7.10.030 45 7.10.040 46 7.10.050 47 7.10.060 48 7.10.070 49 7.10.080 50 7.10.090 51 7.10.100 52 7.10.010 Incorporation of state and federal law. 53 All provisions of the Constitution of the United States, the Constitution of the state and any 54 laws pursuant to said Constitution affecting borough elections are incorporated in this chapter 55 as if fully set out in this chapter. 56 57 58 59 60 61 62 63 64 65 66 67 7.10.030 Liquor sales permitted. 68 The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held. 69 70 71 72 73 74 75 76 77 78 Incorporation of state and federal law. Severability. Propositions and questions. Liquor sales permitted. Clerk to administer elections. Time of election. Notice of elections. Election expenses. Election supplies and equipment. Preservation of election ballots, papers and materials. Definitions. 7.10.020 Severability. If any provision of this title or its application to any person or set of circumstances is held invalid, the remainder of the chapter or its application to other persons or circumstances shall not be affected. 7.10.025 Propositions and Questions. An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 60 calendar days before a special election. 7.10.040 Administration of elections. A. In this title, the assembly has prescribed the general rules for the conduct of borough elections. B. The clerk, in accordance with the provisions of this title, shall administer all borough elections. The clerk ensures that the borough complies with the U.S. Voting Rights Act to make sure that minority- speaking residents are able to exercise their right to vote. Preclearance shall be obtained from the Department of Justice prior to holding a special election, as required by the Federal Voting Rights Act. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 2 of 22 79 7.10.050 Time of election. 80 A. Regular elections shall be held on the first Tuesday in October each year. 81 B. All elected officials of the borough shall be elected at the regular election in such years 82 as their respective terms of office expire. 83 C. The polls shall be open in each precinct for the purpose of voting in accordance with the 84 established state hours for the election. 85 D. Initiative and referendum elections. The provisions in AS 29.26.170 shall apply for 86 initiative elections and AS 29.26.180 for referendum elections. 87 7.10.060 Notice of elections. 88 A. The clerk shall post a notice of each regular election in three public places and publish at 89 least twice in one or more newspapers of general circulation in the borough, the first such 90 publication to be accomplished at least 30 days prior to the election. For special elections, the 91 first such publication is to be accomplished at least 20 days prior to the election. The clerk shall 92 give such other notice to the public as may be required by resolution of the assembly. 93 B. Each notice of election shall include: 94 1. The type of election, regular or special; 95 2. The date of the election; 96 3. The hours the polls will be open; 97 4. The offices to which candidates are to be elected; 98 5. The subjects of propositions and questions to be voted upon; 99 6. Voter qualifications and instructions for registration; and 100 7. Instruction for absentee voting; and 101 8. Location of precinct polling places. 102 C. At least one day before the election, the clerk shall 103 place where the election is to be held, publish in a newspaper of general circulation and post in 104 at least three public places in the borough specimen sample ballots with instructions to voters. 105 Specimen Sample ballots shall be substantially similar to the official ballots and shall be marked 106 "sample ballot" in place of the words "official ballot." 107 D. Before a general obligation bond issue election, the clerk shall publish notice of the 108 borough's total existing bonded indebtedness at least once a week for three consecutive weeks. 109 The first notice shall be published at least 20 calendar days before the date of the election. The 110 notice shall state: 111 1. The current total general obligation bonded indebtedness, including authorized but 112 unsold bonds of the borough; 113 2. The cost of the debt service on the current indebtedness; and 114 3. The total assessed valuation of property in the borough. 115 7.10.070 Election expenses. 116 A. The borough shall pay all necessary election expenses, including those of securing 117 polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and 118 other supplies and any wages to election officials unless otherwise provided by this code. 119 B. The borough shall pay each election board member and canvass board member the 120 hourly rate provided for similar election officials for state elections for the time spent at their 121 election duties, including the receiving of instructions. 122 123 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 3 of 22 124 7.10.080 Election supplies and equipment. 125 A. _ o e • o The clerk shall furnish to the election board of each 126 precinct • _ _ _ e _ _ _ a precinct register and shall equip and supply 127 each polling place with sufficient materials for that precinct's election, including those materials 128 required by this section. 129 B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to 130 mark them, and how to obtain new ballots to replace those destroyed or spoiled. These 131 instructions shall be printed on cards in large, cloar type and shall be distributed to the election 132 boards to be prominently displayed in each polling place. The clerk shall provide booths at each 133 polling place with appropriate supplies and conveniences to enable each voter to mark the 134 voter's ballot screened from observation. Ballot boxes shall be placed outside the voting booths 135 in plain view of the election officials, voters, and other persons at the polling place. 136 7.10.090 Preservation of election ballots, papers, and materials. 137 The clerk shall preserve all precinct election certificates, tallies, precinct registers, receipts 138 for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention 139 schedule resolution. These materials may be destroyed after their retention period has lapsed 140 unless an application for a recount has been filed and not completed, or unless their destruction 141 is stayed by an order of the court. Certificates of the canvass board are to be preserved as 142 permanent records. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 7.10.100 Definitions. In this chapter, unless the context requires otherwise: "Clerk" means the borough clerk or any properly authorized assistant or designee; "Days" includes weekends and holidays; "Election" includes any regular or special election of the borough; "Election officials - means the clerk or his the clerk's designee, election judges, election clerks, receiving /counting team, and canvassing boards; "Election supervisor" means the clerk; "Oath" includes affirmation; "Precinct" means the territory established by the state; "Proposition" includes question; "Publication" means a newspaper of general circulation or posting in public places; "Qualified voter" means any voter who: 1. Is a citizen of the United States; 2. f- _ _ - • • • • e • •••• • • • • e _ is 18 years of age or older; 3. Has been a resident of the state and of the borough for at least 30 days just before the election; 4. Has registered at least 30 days before the election as required by AS 15.07 and is not registered to vote in another jurisdiction; and 5. Is not disqualified under Article V of the State Constitution; "Regular election" means a general election to fill assembly offices as required by KIBC 7.10.050(B); "Special election" means any election held at a time other than when a regular election is held; "Swear" includes affirm; and "Voter" means an person who presents #oneself for the purpose of voting, either in person or by absentee ballot. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 4 of 22 171 Chapter 7.20 172 QUALIFICATIONS OF VOTERS AND CANDIDATES 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Sections: 7.20.010 7.20.015 7.20.020 7.20.030 7.20.035 7.20.040 Qualifications of voters. Rules for determining residence of a voter. Candidate qualifications. Declaration of candidacy by-- petition. Public official financial disclosure statements. Corrections, amendments and withdrawal of nominating petitions. 7.20.010 Qualifications of voters. A. A person is qualified to vote in borough -wide elections who: 1. Is a citizen of the United States; 2. Has passed his eighteenth birthday Is 18 years of age or older; 3. Has been a resident of the state and of the borough and the precinct in which the person seeks to vote for at least 30 days preceding the election; 4. Is registered to vote in state elections at a residence address within a municipality at least 30 days before the election at which the person seeks to vote; 54. Has registered at 1 ast 30 days before the election as required under AS 15.07 with the- -state and is not registered to vote in another jurisdiction; and 65. Is not disqualified under Art. V of the State Constitution. B. A person is qualified to vote in a service area election if the person meets the above requirements of subsection A of this section and has been a resident of the service area in which the person seeks to vote for at least 30 days immediately preceding the election. C. If a voter's polling place is in question, a voter shall be allowed to vote and any election official shall consider the ballot as a questioned ballot. 7.20.015 Rules for determining residence of voter. For the purpose of determining residence for voting, the place of residence is governed by the following rules: A. The residence of a person is that place in which habitation is fixed and to which, whenever the person is absent, the person has intention to return. If a person resides in one place but does business in another, the former is the person's place of residence. There can only be one residence. B. A person does not gain or lose residence solely by reason of the person's presence while employed in the service of the United States or of this state, or while a student of an institution of learning, while in an institution or asylum at public expense, or while confined in a public prison or while residing upon an Indian or military reservation. C. No member of the armed forces of the United States, the person's spouse or dependent is a resident of this state solely by reason of being stationed in the state. D. A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning. E. A person does not gain a residence in a place to which the person's comes without a present intent to establish a permanent dwelling there. F. A person loses residence in this state if the person votes in another state's election, either in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying under AS 15.05.010 and this chapter. G. The term of residence is computed by including the day on which the person's residence commences and by excluding the day of the election. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 5 of 22 219 7.20.020 Candidate qualifications. 220 A. Candidates for mayor, assembly, and school board must be qualified voters of the 221 borough and residents of the borough for one year at the time of filing. 222 B. A person may not serve simultaneously as mayor and as a member of the assembly, as 223 mayor and a member of the school board, or as a member of the assembly and member of the 224 school board. 225 C. No elected official of the borough may hold any other compensated borough office or 226 borough employment, or elected position in the state or federal government while in office. 227 D. No person shall be a candidate for more than one assembly seat at any election. 228 BE. Candidates for service area boards must be qualified voters of the borough and 229 residents of the service area for at least 30 days immediately preceding filing for office. 230 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the 231 election, to be recognized as a candidate for any election. 232 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public 233 Offices Commission (APOC) official financial disclosure statement with the clerk as required by 234 the provisions of AS 39.50. 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 7.20.030 Declaration of candidacy by- petition. A. At least 6-5 75 days before each regular election, the clerk shall publish in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the •• _ • • o e _ _ _ _ • _ the procedure for filing a declaration of candidacy. • olective office shall filo a conflict of intoroct statement in accordance with tho provisions --of Packets containing declarations of candidacy shall be available from the clerk's office no later than the day the filing period opens. Declarations of candidacy shall be submitted in original form and shall not be submitted electronically. C. A declaration of candidacy shall be in a form provided by the clerk and shall state the following: 1. The full name of the candidate, and the manner in which the candidate wishes the candidate's name to appear on the ballot; 2. The full residence and mailing addresses of the candidate; 3. The office for which the candidate declares; 4. That the candidate is qualified for the office as provided by law; 5. The date and notarized statement of the candidate; 6. The candidate shall certify information contained in the declaration of candidacy is true and accurate; 7. Any other information that the clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law. 8. The declaration of candidacy must be signed by 10 qualified voters of the borough. D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their declaration. E. election and shall include a provision for a statement by tho candidate affirming—his qualifications to fill the office for which ho is filing. Within four business days after filing a declaration of candidacy, the clerk shall notify the candidate as to whether it is in proper form. If not, the clerk shall immediately return the declaration of candidacy to the candidate with a statement certifying how the nominating petition is deficient. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 6 of 22 277 278 279 280 281 282 283 284 285 286 269 270 7.20.035 Public official financial disclosure statements. 271 A. Candidates for elective borough office and declared write -in candidates shall file an 272 Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk 273 as required by the provisions of AS 39.50 at the time of filing a declaration of candidacy. The 274 name of the candidate shall be placed on the ballot by the clerk only after the candidate has 275 complied with this requirement. This subsection does not apply to candidates for service area 276 boards. 7.20.040 Corrections, amendments and withdrawal of nominating petitions. A. Any candidate may correct, amend, or withdraw the candidate's nomination declaration of candidacy at any time during the period for filing nominating petitions by appropriate written notice to the clerk. However, after the filing has closed, no petition declaration of candidacy may be corrected, amended, or withdrawn. B. a new form from the clerk. If a person chooses to run for a different seat, a declaration of candidacy for that seat shall be filed with the clerk's office. A declaration of candidacy for a particular seat may not be substituted for another office or seat. 287 Chapter 7.30 288 PROCEDURES FOR CONDUCT OF ELECTIONS 289 Sections: 290 7.30.010 Election officials. 291 7.30.020 Precincts and polling places. 292 7.30.030 Ballots — Form. 293 7.30.040 Ballots — Distribution. 294 7.30.050 Voting devices and machines. 295 7.30.060 Voting procedures at the polls. 296 7.30.070 Questioned votes ing procedures. 297 7.30.080 Disposition of questioned votes. 298 7.30.090 Unused ballots. 299 7.30.100 Counting ballots Official closing of polls. 300 7.30.110 Completion-of General procedure for ballot count. 301 7.30.120 Rules for counting ballots. 302 7.30.130 Tally of votes. 303 7.30.010 Election officials. 304 A. The assembly shall appoint at least three fudges election officials in each precinct to 305 constitute the election board of that precinct. The beaugh clerk is the election supervisor. One 306 judge election official shall be designated as chair and shall be ordinarily responsible for 307 administering the election in that precinct. The borough clerk may appoint up-to -three additional 308 election clerks officials at any polling place where they are needed to conduct an orderly 309 election and to relieve the election judges other election officials of undue hardship. 310 B. All election officials should attend a training session unless personally and specifically 311 excused for cause by the Jae-Fe-ugh clerk. If any appointed election official is not able to or 312 refuses to serve on election day, the borough clerk may appoint a replacement for that official. 313 C. Each election official serving at a precinct polling place must be a qualified voter and, if 314 possible, a resident within the precinct for which appointed. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 7 of 22 315 D. All election fudges -and- clerks officials, before entering upon their duties, must subscribe 316 to the oath required of all public officers by the constitution of the state in the manner prescribed 317 by the borough clerk. 318 E. Candidatoc or members of the candidate's immediate family shall not servo as officials for 319 the election in which he is a candidate. Candidates shall not serve as election officials. Certain 320 familial relationships may not exist between a candidate and a precinct election official, member 321 of a ballot receiving /counting team or canvass board in regular or special elections. Those 322 familial relationships are: 323 1. Mother, mother -in -law, stepmother; 324 2. Father, father -in -law, stepfather; 325 3. Sister, sister -in -law, stepsister; 326 4. Brother, brother -in -law, stepbrother; 327 5. Spouse; or 328 6. Person sharing the same living quarters. 329 F. If the clerk knows or learns that any of these relationships exist, the precinct election 330 official shall be notified and replaced. 331 7.30.020 Precincts and polling places. 332 A. The precincts established by the state and set forth in the Alaska Administrative Code 333 shall be the precincts for all elections. The borough clerk shall secure a polling place for each 334 precinct for each election. Whenever practicable, the polling place shall be located within the 335 precinct. 336 B. No later than 20 days before each regular and special election, the borough clerk shall 337 publish in one or more newspapers of general circulation in the borough the locations of the 338 precinct polling places. Such publication shall be repeated at least once no later than the day 339 prior to the election. 340 7.30.030 Ballots — Form. 341 The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the 342 voting procedure, to reflect most accurately the intent of the voter, and to expedite the 343 administration of elections. The following directives shall be followed when applicable: 344 A. The clerk shall determine the size of the ballot, the type of print, necessary additional 345 instructions to voters, and other similar matters of form not provided by law. 346 B. The clerk may contract for the preparation of ballots, instructions to voters, and other 347 similar matters of form not provided by law without obtaining competitive bids. 348 C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as 349 such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series 350 to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set 351 off by perforations for ease of removal. 352 D. All candidates to the same office shall be shown on one ballot. The title of each office to 353 be filled shall be followed by the printed names of all candidates for that office, and provisions 354 shall be made for write -ins equal in number to the positions to be filled. The names of 355 candidates shall be printed as they appear upon the declaration of candidacy except that any 356 honorary or assumed title or prefix shall be omitted. The words "Vote for not more than 357 with the appropriate number replacing the blank, shall be placed before the lists of candidates 358 for each office. Names of candidates shall appear on the ballot with the position of names of the 359 candidates set out in the same order in each section on each ballot used as prescribed in 360 Alaska Statutes for state elections. However, the order of placement of the names of the 361 candidates for each office shall be randomly determined by the clerk for ballots printed for use. Kodiak Island Borough, Alaska Ordinance No. FY2009 - Page 8 of 22 362 E. Following the offices and candidates, there shall be placed on the ballot or on separate 363 ballots, as the clerk may determine, all propositions or questions to be voted on. The words 364 "YES" and "NO" shall be placed below the statement of each proposition or question. The clerk 365 shall determine the number of ballots to be used to present all offices, propositions, and 366 questions to the qualified voter. 367 F. Each ballot shall bear the words "Official Ballot" and the date of the election. 368 G. The clerk shall have printed and available at each polling place, on election day and in the 369 clerk's office preceding the election, tho appropriate tinted sample ballots for each election. 370 7.30.040 Ballots — Distribution. 371 A. The clerk shall have possession of the ballots at least 15 days before each regular 372 election. At that time, the ballots may be inspected by any candidate whose name is on the 373 ballot, or kris the candidate's authorized agent, and any mistake discovered shall be corrected 374 immediately. Sufficient ballots for the registered voters of each precinct shall be delivered to the 375 election board for that precinct. 376 B. The ballots shall be delivered in a separate sealed package, with the number of ballots 377 enclosed clearly marked on the outside of the package. A receipt shall be taken for the election 378 board member to whom each package is delivered in person or by mail. 379 7.30.050 Voting devices and machines. 380 Voting devices and machines will be used for all regular and special elections unless 381 determined not to be practical by the clerk. Tho laws of the state concerning voting devices and 382 machines aro incorporated in this chaptor as if fully set out in this chapter except for provisions 383 in conflict with this chapter. All necessary supplies for the assistance of voters, such as sample 384 ballots, instructions, booths, etc., shall be provided. in the same manner as when paper ballots 385 are used. 386 7.30.060 Voting procedures at the polls. 387 A. Before issuing any ballots, the election board must, in the presence of any persons 388 assembled at the polling place, open and exhibit the ballot box to be used at the polling place as 389 empty. The ballot box then shall be closed and shall not be opened again or removed from the 390 polling place until the polls have closed. 391 B. Tho judges election officials shall keep an original precinct register in which ach votor, 392 beforo rccoiving his ballot, shall sign his name. Tho signing of tho rogictor constitutoc a 393 - - - - - - - - - - - - - - - - - - - - A record shall bo kept in the registration list 394 395 396 397 The election official shall keep a precinct register in which each voter, before receiving a 398 ballot shall sign the voter's name. By signing the register, the voter declares that the voter is 399 qualified to vote. if a voter signs the precinct register and then leaves the polling place without 400 voting or votes a questioned ballot, the election official shall cross the voter's name off the 401 precinct register and make a note next to the name that the voter did not vote. If a voter's polling 402 place is in question, a voter shall be allowed to vote and any election official shall consider tho 403 ballot as a questioned ballot. 404 C. Before being allowed to vote, each voter shall exhibit to an election judge official one 405 form of identification listed on the "Have ID" poster from the state., 406 official voter registration card, driver's license, birth certificate, passport, or hunting or fishing 407 license. An election judge official may waive the identification requirement if @te the official 408 knows the identity of the voter, except when "Must Show ID" is printed in the signature block Kodiak Island Borough, Alaska Ordinance No. FY2009 - Page 9 of 22 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 above the voter's name. The ID requirement for this voter may not be waived. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot. D. When the voter is qualified to vote, the election fudge official shall give him the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot. The ballot must be voted at the polling place and no ballot may be removed from the polling place until the election fudges officials have completed their post election duties. E. A qualifiod votor who cannot r ad, mark the ballot, or sign his name may rcquost an ial is requosted, ho shall assist the voter. If any othor person is requested, the person shall state open Bath before quoctionod shall by complete filling out a Kodiak Island Borough, Alaska • _ - _ _ • _ _ _ _ . A qualified voter who cannot read and mark the ballot, or sign the register, may request an election official, a person, or not more than two persons, chosen by the voter, to provide assistance. Upon the voter's request, the election official shall provide the assistance. If any other person is requested, that person shall state upon oath before the election official that the person shall not divulge the vote cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated person should receive assistance in marking that voter's ballot. F. If a voter improperly marks or otherwise damages a ballot, he the voter shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged spoiled ballot after having recorded it in the spoiled ballot accountability statement s numbor and shall issue a new ballot to the voter. _ _ _ _.•_ __ ..:"-• _ . _. _e__ __ _ •_ •_ than throe timos. The destroyed ballot should be kept and stored in the spoiled ballots envelope. A voter may only be issued up to two replacement ballots. No voter should receive more than three ballots. G. Fifteon minutos before closing tho polls, the time romaining beforo such cloture shall be proclaimod. When tho polls aro closed for tho purposes of voting, that fact shall likewise bo 7.30.070 Questioned votesing- procedures. A. Every election fudge official shall question, and any person qualified to voter may question than an entire precinct in the sate of service areas may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote under KIBC 7.20.010. All questions regarding a person's qualifications to vote shall be made in writing setting out the reason the person has been for the questioned. A questioned person, before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe to an oath and sign the affidavit on the form. provided by tho borough clork attesting to the fact -try person mocts all the qualifications of a voter, that is not disqualified, After the questioned person has taken the oath and signed the affidavit, the person may vote. If the questioned person refuses to take the oath or sign the affidavit, the person may not vote. B. If a voter's polling place is in question, he the voter shall be allowed to vote, and any • • questioned ballot oath and affidavit envelope. Ordinance No. FY2009 -17 Page 10 of 22 455 7.30.080 Disposition of questioned votes. 456 A voter who casts a questioned ballot shall vote his the ballot in the same manner as 457 prescribed for other voters. After the election judge official removes the numbered stub from the 458 ballot, the voter shall insert the ballot into a small blank gray envelope, seal it, and put the gray 459 envelope in to a Iargor envelope on which the statement he previously signed is locatod the 460 questioned ballot oath and affidavit envelope. These larger questioned ballot oath and affidavit 461 envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these 462 envelopes shall be counted (unopened) and compared to the voting list, segregated, and 463 delivered to the borough clerk for delivery to the canvass board. The election canvass board 464 shall review and judge the applicability of all questioned ballots. 465 7.30.090 Unused ballots. 466 The numbers of all ballots not issued shall be recorded and thon all such ballots shall bo 467 e _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ - _ _ - • - _ - _ _ _ - _ _ returned to the 468 clerk. The numbers of ballots damaged spoiled by voters and replaced by election officials shall 469 also be recorded. The record of ballots not issued and ballots damaged spoiled and replaced 470 shall be preserved as set by the records retention schedule resolution. 471 7.30.100 Counting-ballots Official closing of polls. 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 A. The opening of thc ballot box and the counting of ballots shall be accomplished in full • sing of tho polls, tho cloction officials shall open the ballot of ballots required to present to oach voter all the offices and propositions on which he is precinct register. If a discrepancy exists which cannot be resolved, the olcction officials shall C. If computer counted ballots aro used, tho olcction officials shall mako a preliminary manner. After the proliminary inspection is complete, all tho ballots shall bo placed in the container provided and a s al affixod. Tho soled container shall be delivered to the counting D. If papor ballots aro used, thc oloction board shall tally tho votes cast in the mannor E. Ballots may not be counted before 8 p.m., local time, on thc day of thc election. Fifteen minutes before closing the polls, the time remaining before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed and thereafter no ballot shall be issued except to those voters who were present and waiting their turn to go through the voting procedure at the time prescribed for closing the polls. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 11 of 22 500 7.30.110 Completion of General procedure for ballot count. 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 Whon tho tally of hand counted ballots is completod, and in no °vont later than the day after borough clerk in a coparate, soaled package. Both packages, in addition to an addrosc on tho outside, shall cloarly indicato tho precinct from which thoy como. In those aroas of the borough tolegram or radio on tho night of tho election. To accuro adoquate protoction, tho borough clork shall -- proscribe tho mannor in which the ballots, registers, and all other election records and A7 The clerk shall prescribe the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election officials shall account for all ballots by completing a ballot accountability statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the clerk. The election officials shall count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and explained to the best of the election official's ability in writing for delivery to the borough clerk. The election board, in hand -count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read. aftor it has boon taken from tho ballot box and boforo it is placed in tho envolopo for mailing may not havo a marking devico in hand or romove a ballot from tho immediate vicinity of tho polls. 527 B. Ballots may not be counted before 8:00 p.m., local time, on the day of the election. 7.30.120 Rules for counting ballots. -- - -- •- -•e --- - e -- 1. A failuro to properly mark a ballot as to one or moro candidatoc does not in itself invalidato the entire ballot. of tho providod ballot marking machino or, if paper ballots aro used, a cross mark, "X" mark, pon and ink. Tho marks will be counted only if thoy are substantially insido the squares oval° provided, or touching the squares ovals so ac to indicate cl arly that the voter intendod tho appeafer: Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 12 of 22 548 unless the election board detcrminos, on tho basis of other evidenco, that the ballot was so 549 550 551 552 553 554 555 556 A ballot may not bc countod unless marked in compliance with these rulos. 557 558 A. The election board shall count ballots according to the following rules: 559 1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or 560 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly 561 spaced in the oval opposite the name of the candidate, proposition, or question that the voter 562 desires to designate. 563 2. A failure to properly mark a ballot as to one or more candidates does not itself 564 invalidate the entire ballot. 565 3. If a voter marks fewer names than there are persons to be elected to the office, a vote 566 shall be counted for each candidate properly marked. 567 4. If a voter marks more names than there are persons to be elected to the office, the 568 votes for candidates for that office may not be counted. 569 5. The mark specified in (1) of this subsection shall be counted only if it is substantially 570 inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the 571 particular oval to be designated. 572 6. Improper marks on the ballot may not be counted and do not invalidate marks for 573 candidates properly made. 574 7. An erasure or correction invalidates only that section of the ballot in which it appears. 575 8. Write -in votes are not invalidated by writing in the name of a candidate whose name is 576 printed on the ballot unless the election board determines, on the basis of other evidence, that 577 the ballot was so marked for the purpose of identifying the ballot. 578 9. In order to vote for a write - in candidate, the voter must write in the candidate's name 579 in the space provided and fill in the oval opposite the candidate's name in accordance with (1) of 580 this subsection. 581 10. Stickers bearing the candidate's name may not be used on the ballot. 582 B. The rules set out in this section are mandatory and there shall be no exceptions to them. 583 A ballot may not be counted unless marked in compliance with these rules. 584 585 586 587 588 589 590 591 592 593 594 595 596 marked as to bc for the purpoco of identifying the ballot: in tho space provided and, in addition, mark the square oval oppocito tho candidate's name in 9. Stickers boring the candidate's name may not be used on the ballot. B. The rules sot out in this section are mandatory and there shall bc no excoptions to thorn. 7.30.130 Tally of votes. A. Tally of Votes Cast by Papor Ballot. Tho borough clerk shall icsuo instructions and shall provido forms and cupplioc for tho tally of votes cast by paper ballot so as to assure accuracy the rules for dotermining marks on ballots prescribed in KIBC 7.30.120. The election board shall of tho polls or have a marking de . 1. Election judges and storks sorving at the counting center shall bo appointed in the Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 13 of 22 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 2. Upon receipt of tho ballot containor, an oloction official shall test the soal and certify that it has not boen broken. If thorc is a diccropancy, it shall bo brought to tho borough clerk's attontion at this time. 3. Aftereortification that tho coal on tho ballot containor was intact upon rocoipt, a processed by the computer due to physical damage shall be stamped "DEFECTIVE" and shall bo doliverod to the control board. 4. Throo election officials, as a board, shall prepare faccimilos of all dofoctivo ballots, recording ballot numbers in the manner prescribed by the borough clerk in order to pormit • valid, nondofectivc ballots of the precinct to be deliverod to the computer area for tall., of votes to tho borough clerk to be preserved as sot by the records retention schcdulo rosolution. 6. Computor tally of votes cast shall bo dirocted by the - - has --boon complotod, the voted ballots shall be soalod into containorc and dolivorod to tho containorc may not bo opened unloss tho borough clerk is ordered to do so by the assembly or by the court. the ballot. A. Before each election, the assembly shall appoint at least three qualified voters, who shall constitute the receiving /counting team. B. The receiving /counting team shall receive all ballots, election materials, supplies, etc. from the precinct election officials on election night. C. If time allows, the receiving /counting team shall start the tallying of the write -in votes according to the rules for determining marks on ballot prescribed in KIBC 7.30.120. Write -in votes will only be tabulated when the total number of write -in votes for any office exceeds the smallest number of votes cast for any candidate whose name is printed on the ballot. D. The clerk shall issue instruction and shall provide forms and supplies for the tally of the write -in votes. 631 Chapter 7.40 632 CANVASSING AND CERTIFICATION OF ELECTION RETURNS 633 Sections: 634 7.40.010 Canvass of returns. 635 7.40.020 Certification of the election. 636 7.40.025 Simple majority — Votes required for election to office. 637 7.40.030 Election recounts. 638 7.40.040 Contest of election. 639 7.40.010 Canvass of returns. 640 A. Before each election, the assembly shall appoint at least three qualified voters, who shall 641 constitute the election canvass board for that election. All members of the election canvass 642 board, before entering upon their duties, must subscribe to the oath required of all public officers 643 by the Constitution of the state in the manner prescribed by the clerk. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 14 of 22 644 B. On the day following each election or as soon as is practicable, the election canvass 645 board shall meet in public session and canvass all election returns. The canvass may be 646 postponed for cause from day to day, but there shall be no more than three such 647 postponements. In full view of those present, the election canvass board shall judge the 648 applicability of absentee, questioned, and special needs, shall open and tally those accepted 649 and shall compile the total votes cast in the election. The canvass of the ballot vote counted by 650 precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to 651 check for mathematical error by comparing totals with the precinct's certificate of results. All 652 obvious errors found by the election canvass board in the transfer of totals from the precinct 653 tally sheets to the precinct certificate of returns shall be corrected in the canvass board 654 certificate of election returns and reported to the assembly as having been corrected. If in the 655 opinion of the canvass board a mistake has been made in precinct returns which is not clearly 656 an error in the transfer of results from the tallies to the certificate of results, the canvass board 657 may recommend to the governing body that a recount of that precinct's results be made for that 658 portion of the returns in question. 659 C. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot 660 shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter 661 fails to enclose his the marked ballot inside the small gray envelope provided. The clerk or a 662 member of the election canvass board may question the qualifications of an absentee voter 663 when read from the voter's certificate on the back of the large envelope, if he has there is a 664 good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise 665 voted at the same election. The person questioning the qualifications shall specify the basis of 666 the question in writing. The canvassing board by majority vote may refuse to accept tho 667 question and count the ballot. If the ballot is refused, the clerk shall notify the voter why the 668 ballot was refused by the canvass board why roturn a copy of the statomont of tho quostion to 669 the votor, and shall enclose) all rojoctod ballots in a ceparato e 670 question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the 671 a ccembly with the election certificates and other returns. If the ballot is not refused, the large 672 envelope shall be opened; the smaller innor gray envelope shall be placed in a container and 673 mixed with the other blank absentee ballot envelopes small gray envelopes., or in the case of 674 - - - - -- - - - - - - - - - - -- - - -- e - - - . The mixed smaller 675 biaRk gray envelopes shall be drawn from the container, opened, and the ballots counted 676 according to the rules of determining properly marked ballots. 677 D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the 678 results of votes cast by absentee, questioned, special needs, and ballots of votes cast by 679 regular ballot, and shall prepare and submit a written report of said results to the assembly. 680 E. If election materials have not been received from a precinct prior to completion of the 681 canvass, but election results have been transmitted in writing, by telephone, telegram, or radio, 682 the canvassing board shall count the election results received. If the clerk has reason to believe 683 that a missing precinct certificate, if received, would affect the result of the election, the clerk 684 shall await the receipt of the certificate until 4 p.m. in the afternoon on the Tuesday following the 685 election. If the certificate is not received by the clerk by 4 p.m., Tuesday, then the certificate 686 shall not be counted nor included in the final certification of the canvassing board. 687 7.40.020 Certification of the election. 688 A. As soon as possible after completion of the canvass, the assembly shall meet in public 689 session to receive the report of the canvass board. If, after considering said report, the 690 assembly determines that the election was validly held, the election shall be certified by 691 resolution and entered upon the minutes of the meeting. 692 B. If the canvass board reports a failure to comply with provisions of state law and borough 693 ordinance or illegal election practices occurred and that such failure is sufficient to change the Kodiak Island Borough, Alaska Ordinance No. FY2009 - Page 15 of 22 694 outcome of the election, the assembly may exclude the votes cast in one or more precincts 695 where such failure or illegal practices occurred from the total returns or may declare the entire 696 election invalid and order a new election. 697 C. If the canvass board reports an apparent discrepancy in the returns of one or more 698 precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount 699 shall be conducted immediately by the canvassing board and the results reported to the 700 assembly. 701 D. In case of failure to elect a candidate because of a tie vote, the assembly shall 702 immediately cause the canvass board to recount the votes. If there is still a failure to elect 703 because of a tie after completion of the recount, the election shall be determined fairly by lot 704 from among the candidates tying in a meeting of the assembly and under its direction. 705 E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each 706 person elected to office a "certificate of election" signed by the clerk and authenticated by the 707 seal of the borough. 708 7.40.025 Simple majority — Votes required for election to office. 709 All borough offices shall be filled by the candidate(s) receiving the greatest number of votes. 710 7.40.030 Election recounts. 711 A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made 712 by an election official or by the canvassing board in counting the votes in an election, may file 713 an application requesting a recount with the clerk no later than 5 p.m. on the Monday following 714 the election or 24 hours after completion of the canvass board, whichever is later. The applicant 715 shall include a deposit in cash or certified check for $100.00. The deposit shall be applied 716 against any costs incurred pursuant to subsection E of this section or refunded if there is no 717 liability for recount costs. If the difference between two candidates is two percent or less, the 718 clerk shall initiate the recount and give notice to the interested parties. 719 B. The application shall specify in substance the basis of the belief that a mistake has been 720 made, the particular election precinct or precincts for which the recount is to be held, the 721 particular office, proposition or question for which the recount is to be held, and that the person 722 making the application is a candidate or that the 10 persons making the application are qualified 723 voters. The application for a recount shall bear the notarized signature of the candidate or the 724 10 qualified voters seeking the recount. The date on which the clerk receives an application, 725 rather than the date of mailing or transmission, determines whether the application is filed with 726 the time allowed under this subsection. 727 C. Upon receiving an application in substantially required form, the clerk shall appoint a 728 recount board of four or more qualified voters to conduct the recount of ballots, as soon as 729 possible, of those precincts cited in the application for recount. The rules governing the counting 730 of marked ballots by the election board shall be followed. Those requesting the recount, those 731 whose election is recounted, and the public shall be allowed to attend the recount proceeding. 732 D. Upon completion of recount, the recount board shall certify the results of the recount to 733 the assembly. The assembly shall declare the final election results and direct the clerk to deliver 734 to each person elected to office a "certificate of election" signed by the clerk and authenticated 735 by the seal of the borough. 736 E. The applicant or applicants for recount shall pay all costs and expenses incurred in a 737 recount of an election demanded by the applicant or applicants if the recount fails to reverse any 738 result of the election or the difference between the winning and losing vote on the result 739 requested for recount is more than two percent. 740 F. A candidate or any person who requested a recount who has reason to believe an error 741 has been made in the recount involving any question, proposition, candidate or validity of any Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 16 of 22 742 ballot may appeal to the superior court within 10 days after the assembly has declared the 743 election results. If no such action is commenced within the 10 -day period, the election and the 744 election results shall be conclusive, final, and valid in all respects. 745 7.40.040 Contest of election. 746 A defeated candidate or any 10 qualified voters who contested an election may bring an 747 action in the superior court within 10 days after the assembly has concluded that said election 748 was validly held and the results entered upon the minutes. Such legal action shall be upon the 749 grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a 750 decision as required by AS 15.20.560 for state elections. If no such action is commenced within 751 the 10 -day period, the election and the election results shall be conclusive, final and valid in all 752 respects. 753 Chapter 7.50 754 ABSENTEE VOTING 755 756 757 758 759 760 761 Sections: 7.50.010 7.50.020 7.50.030 7.50.040 7.50.050 7.50.060 762 7.50.010 Eligibility. 763 Any person may vote absentee. Eligibility. Repealed. Absentee voting — In person. Special needs voting. Absentee voting — By mail. Designation of absentee voting officials. 764 7.50.020 Materials for absentee voting. 765 Repealed by Ord. 2002 - 11. [Ord. 86 - 22 - 0 §2, 1986]. 766 7.50.030 Absentee voting — In person. 767 A. Any person may apply for an absentee ballot in person from the clerk or an absentee 768 voting official 15 days before an election, up to and including the day before the date of the 769 election, during regular office hours, by completing an absentee in person envelope. 770 B. Upon completion of an absentee in person envelope and exhibition of proof of 771 identification as required in KIBC 7.30.060(C), the clerk or an absentee voting official shall issue 772 the ballot and small socrecy envelope gray envelope to the applicant. The ballot must be voted 773 at the polling place and no ballot may be removed from the polling place. 774 C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place 775 the ballot in the small secrecy envelope gray envelope, place the small e4velepe gray envelope 776 in the absentee in person envelope, and sign the voter's certificate on the absentee in person 777 envelope in the presence of the clerk or absentee voting official who shall sign as attesting 778 official and date that signature. The clerk or absentee voting official shall then accept the ballot. 779 D. The clerk or absentee voting official may not accept a marked ballot that has been 780 exhibited by an absentee voter with the intent to influence other voters. If the absentee voter 781 spoils the ballot, the voter may receive up to two replacement ballots. up - to- -a 782 No voter should receive more than three ballots. Exhibited or spoiled ballots 783 shall be destroyed. The numbers of all ballots destroyed shall be noted on the spoiled ballot 784 accountability statement and stored in the spoiled ballots envelope. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 17 of 22 785 E. The clerk or absentee voting official shall keep a record of the names and signatures of 786 voters who cast absentee ballots and the dates on which the ballots were cast. 787 7.50.040 Special needs voting. 788 A. Any person with a disability who, because of that disability, is unable to go to a polling 789 place to vote may vote a special needs ballot, or the voter may, through a representative, 790 request a special needs ballot from the clerk or an absentee voting official 15 days before an 791 election, up to and including the day before the date of the election during regular office hours, 792 or from an election precinct voting official on election day. 793 B. If the request for a special needs ballot is made through a representative, the 794 representative shall sign a special needs register provided by an election official. The register 795 must include the following information: 796 1. The representative's name; 797 2. The representative's residence and mailing address; 798 3. The representative's social security number, voter number, or date of birth; 799 4. The name of the voter on whose behalf the representative is requesting a ballot; 800 5. An oath that the representative: 801 a. Is receiving a ballot and voting materials on behalf of the voter; 802 b. Will not vote the ballot for the voter; 803 c. Will not coerce the voter; 804 d. Will not divulge the vote cast by the voter; and 805 e. Has been notified that unlawful interference with voting is punishable under AS 806 15.56.030 or AS 15.56.035. 807 C. The clerk, absentee voting official, or election precinct voting official shall keep a record 808 of the name and signature of each representative requesting an absentee ballot and the name 809 of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or 810 election precinct voting official shall record the date and time the absentee ballot is provided and 811 the time the ballot is returned. 812 D. The representative shall deliver the special needs ballot and other voting materials to the 813 voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the 814 sccrocy slocve small gray envelope, and place the small gray envelope in the 815 special needs envelope provided. The voter shall provide the information on the envelope that 816 would be required for absentee voting if the voter voted in person. The voter shall sign the 817 voter's certificate in the presence of the representative. The representative shall sign as 818 attesting official and date the voter's signature. 819 E. The representative shall deliver the ballot and voter certificate to the clerk or abcontec 820 a •e - - - ' • - • - • =- -- - - ' - e - - - - - - - - - an 821 822 823 824 825 826 election official not later than 8 p.m. on election day. F. If a voter's disability precludes the voter from performing any of the requirements of subsection D of this section, the representative may perform those requirements, except making the voting decision, on the voter's behalf. G. A candidate for office, the voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union may not act as a representative for the voter. 827 7.50.050 Absentee voting — By mail. 828 A. Any person may apply for an absentee ballot by mail or by electronic transmission if 829 received by the clerk not more than six months nor less than seven days before an election. The 830 application shall include the address to—whisk} where the absentee ballot shall be wed 831 mailed and the applicant's full Ala -cka local residence address and signature. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 18 of 22 832 B. After receipt of an application by mail, the clerk shall send the absentee ballot and other 833 absentee voting material to the applicant by at least first class mail. The materials shall be sent 834 as soon as they are ready for distribution. There shall be a small lalehic gray envelope and a 835 return envelope addressed to the clerk supplied to each absentee by mail voter. The return 836 envelope shall have printed upon it an affidavit by which the voter shall declare their 837 qualification to vote, followed by a provision for attestation by an official authorized to administer 838 an oath or two witnesses over the age of 18. 839 C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, 840 other person qualified to administer oaths, or two persons over the age of 18 years, may 841 proceed to mark the ballot in secret, place the ballot in the small gray envelope, place the small 842 gray envelope in the larger return envelope, and sign the voter's certificate on the back of the 843 larger return envelope in the presence of the witness(es) who shall sign as attesting official(s) 844 and shall date his the voter's signature. 845 D. An absentee ballot must be marked and attested on or before the date of the election. If 846 the voter returns the ballot by mail, he the voter shall use the most expeditious mail service and 847 mail the ballot not later than the day of the election to the clerk. It must be postmarked on or 848 before midnight of election day and received by the clerk no later than the Tuesday following the 849 election by 5 p.m. one wook, seven calendar days, to the close of business following tho 850 election. Ballot envelopes received after that time shall not be opened but shall be marked 851 "invalid rejected," with the date of receipt noted thereon, and shall be preserved as set by the 852 records retention schedule resolution. 853 7.50.060 Designation of absentee voting officials. 854 The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act 855 as absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the 856 city clerks er rcglctrars absentee voting official. who shall serve as absentee voting stations. 857 Chapter 7.60 858 ELECTION PAMPHLET 859 Sections: 860 7.60.010 Election pamphlet. 861 7.60.010 Election pamphlet. 862 A. Before each regular and special election, the her-e-u-gh clerk shall prepare, publish, and 863 mail an election pamphlet to every registered voter household within the borough. 864 B. Each election pamphlet shall contain: 865 1. A map of the election precincts; 866 2. Sample ballots; 867 3. An absentee ballot application; 868 4. For each ballot proposition submitted to the voters by initiative or referendum petition 869 or by the assembly: 870 a. The full text of the proposition specifying ordinances proposed to be affected; 871 b. The ballot title and the summary of the proposition prepared by the administration 872 or the clerk; and 873 c. A summary of statements submitted by proponents and opponents of each 874 proposition. If only one statement is received, it will not be published. 875 5. For each bond question, a statement of the scope of each project; and 876 6. Additional information on voting procedures that the clerk considers necessary. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 19 of 22 877 C. There is no charge for statements advocating approval or rejection of a proposition 878 submitted to the voters for approval. 879 D. Material in the election pamphlet shall be organized to the extent possible in the same 880 manner and form in which it will appear on the ballot. The decision of the clerk on the form of 881 the material is final. 882 E. Not less than 14 days before the election, the clerk shall mail to every registered voter 883 household one copy of the pamphlet. Additional pamphlets may be obtained from the borough 884 offices. 885 F. A candidate's information and statement submitted under this section may not exceed 886 350 words. An article such as "a," "an," and "the" will be counted as a word. 887 G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted 888 by the candidate or proposition sponsor(s.) The clerk will add a disclaimer noting the information 889 is the opinion of the author(s) and has been reproduced as submitted, without any changes to 890 grammar, spelling, or punctuation. 891 Chapter 7.70 892 ELECTIONS BY MAIL 893 894 895 896 897 898 899 900 901 Sections: 7.70.010 7.70.020 7.70.030 7.70.040 7.70.050 7.70.060 7.70.070 7.70.080 Conduct of election by mail. Election date. Election judge officials. Notification to voters. Notice of election. Voter instructions. Casting ballots. Storing ballots. 902 7.70.010 Conduct of election by mail. 903 A. The clerk may conduct an election by mail if it is held at a time other than when the 904 regular borough election is held. 905 B. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 906 send a ballot for each election described in subsection A of this section to each person whose 907 name appears on the official registration list prepared under AS 15.07.125 for that election. The 908 ballot shall be sent to the address stated on the official registration list unless the voter has 909 notified the clerk in writing of a different address to which the ballot should be sent. The clerk 910 shall send ballots by first class, nonforwardable mail. 911 C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 912 mail ballots under this section on or before the twenty- second day before the election. 913 D. The clerk shall review ballots voted under this section under procedures established for 914 the review of absentee ballots. 915 E. There shall be a small blank gray envelope and a return envelope supplied to each by- 916 mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall 917 declare his the voter's qualification to vote, followed by provision for attestation by two attesting 918 witnesses, who are at least 18 years of age. 919 7.70.020 Election date. 920 When the clerk determines that an election will be conducted by mail under KIBC 7.70.010, 921 the notice of election calling for the election must state that the election is to be conducted by 922 mail and that there will be no polling place open for regular in- person voting on election day. In a Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 20 of 22 923 by -mail election, election day will be the date designated by the clerk as the deadline by which a 924 voter's ballot must be voted, witnessed, mailed, and, if postmarked, date - stamped by the post 925 office. 926 7.70.030 Election judges officials. 927 In each election conducted by mail, the assembly shall appoint an election board composed 928 of at least three judge election officials for each precinct in which the election is to be held. In 929 the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port 930 Lions, at least one election judge official for each precinct shall be available for at least 15 days 931 preceding the election and on election day, at the hours and location specified by the clerk. For 932 the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak -No. 3, and Mission Road, at least one 933 election judge official shall be available for at least 15 days preceding the election and on 934 election day, at the hours and location specified by the clerk. The clerk shall supply adequate 935 voting supplies and ballots to the election judges officials. All election judges officials, before 936 entering upon their duties, must subscribe to the oath required of all public officers by the 937 Constitution of the state in the manner prescribed by the clerk. The duties of the election judge 938 official shall be as follows: 939 A. Provide absentee voting in person and special needs voting on any date the election 940 judges officials are available, including the day of the election, following the procedures in KIBC 941 7.50.030 and absentee voting through a porsonal reprcccntativo on any date the election judges 942 officials arc available, the election, following the procodurcs in KIBC 943 7.50.040. aril Voters have until the day of the election to return ballots. 944 B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official, 945 except that the judge election official may not attest his or her the official's own ballot. 946 C. Accept receipt of a by -mail voter's hand - delivered voted ballot, which has been sworn to, 947 attested and sealed in the by -mail return envelope. 948 D. Provide general voter assistance including, but not limited to, assistance to a qualified 949 voter who cannot read, mark the ballot, or sign his namo the register, and providing replacement 950 ballots to voters who have improperly marked or damaged their ballots. 951 E. Date -stamp all ballots received by the election judges officials at their stations. 952 F. Provide for the security and safekeeping of all ballots received by the election judges 953 officials at their stations and present those ballots to the clerk for canvassing. 954 G. The election judges officials for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak 955 No. 3 and Mission Road shall receive and date -stamp ballots delivered by the United States 956 Postal Service and present those ballots to the clerk for canvassing. 957 H. Any other duties assigned by the clerk. 958 7.70.040 Notification to voters. 959 In addition to the public notice required by KIBC 7.10.060, the clerk shall send to each voter 960 whose name appears on the official register advance notice of the election at the mailing 961 address stated in the voter's current registration record. The notice will be sent before ballots 962 are mailed, and will include: 963 A. The date of the election. 964 B. Disclosure that the election will be conducted by mail and that no polling place will be 965 available for regular in- person voting on election day. 966 C. Designation of the offices to which candidates are to be nominated or elected and a 967 statement of the subject of the propositions and questions that are to appear on the ballot. 968 D. Designation of the date on which ballots are expected to be mailed to the voters. Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 21 of 22 969 E. Designation of the dates upon which a voter who may not have received a ballot can 970 proscnt himself to the appear before a by -mail official and vote in person as specified in KIBC 971 7.70.030. 972 F. A listing of appointed by -mail officials and their hours and locations, and the services they 973 can provide. 974 G. A statement of when the ballots may be voted, and the date upon which the ballot must 975 be postmarked and received by the clerk or received by the by -mail voting official as specified in 976 KIBC 7.70.030 in order to qualify for inclusion in the election tabulation. 977 H. Brief general instructions on how the ballots must be voted and how the oath and affidavit 978 envelope must be completed. 979 7.70.050 Notice of election. 980 For each election conducted by mail, the public notice posted in each precinct and the 981 notice published in newspapers of general circulation in the area of the election jurisdiction will 982 include the information specified in KIBC 7.70.040. 983 7.70.060 Voter instructions. 984 Specific instructions for voting a by -mail ballot and a list of the appointed by -mail officials, 985 their hours and locations, will be mailed to each voter with the ballot. 986 7.70.070 Casting ballots. 987 A. Upon receipt of a mail -in ballot, the voter shall cast his the ballot in the manner specified 988 in KIBC 7.50.050(C) and (D). If the ballot is cast in the clerk's office, the clerk shall retain it for 989 delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by 990 mail to the clerk immediately for delivery to the canvas board. 991 B. A voter who does not receive a mail -in ballot may cast his the ballot in person as 992 specified in KIBC 7.70.030. 993 C. A voter may return the mail -in ballot to a by -mail official as provided in KIBC 7.70.030. 994 7.70.080 Storing ballots. 995 The clerk shall provide for the secure storage of the mail -in ballots received from the voters 996 and by -mail officials until the date set by the clerk for the counting of the ballots. 997 998 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 999 THIS DAY OF 2009 1000 1001 KODIAK ISLAND BOROUGH 1002 1003 1004 1005 Jerome M. Selby, Borough Mayor 1006 ATTEST: 1007 1008 1009 1010 Nova M. Javier, CMC, Borough Clerk 1011 1012 1013 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 22 of 22 TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.A.1 Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. SUMMARY: Per KIBC 3.16.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for the heating, ventilation, and seismic upgrades of the windows in the oldest wing East Elementary as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda are also available for review. Included is additional work identified as Alternative 1 which includes replacement of windows and repair of rotted framing located in the newer wing. This is funded in part by a FEMA HMGP Grant in the amount of $138,606 for the seismic upgrade to the windows and a voter approved bond Issue in the amount of $520,000. Additional funding sources are to be identified. Bids were received in response to KIB's invitation to bid dated March 16, 2009. Wolverine Construction of Wasilla, AK was the low bidder for the project. The bid tabulation is attached. RECOMMENDED MOTION: M • e to authorize the Manager to execute Contract No. FY2009 -17 with Wolverine Construction of Wasilla, Alaska for the East Elementary Heating and Ventilation Upgrades and Window Replacement in an Amount Not to Exceed $543,123. Brechan $ 498,809 $ 100,803 $ 599,612 Diff (Low) $ (8,314) $ 64,803 $ 56,489 % Diff (Low) - 1.64% 180.01% 10.40% % Of Est 118% 112% 117% Koman $ 506,397 $ 86,433 $ 592,830 Diff (Low) $ (726) $ 50,433 $ 49,707 % Diff (Low) 99.86% 240.09% 9.15% % Of Est 120% 96% 116% Wolverine $ 507,123 BASE BID ALT. #1 (ADD) Total No. GENERAL CONTRACTOR 106% (Base + Alt's) Wolverine $ 507,123 $ 36,000 $ 543,123 Of Est 120% 40% 106% East Elem. HVAC /Windows Bid Tabulation Bid Opening: 4/7/09 3:00 PM Estimate 422,200 1 $ 89,640 $ 511,840 Init. I'14< AIA Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum 1 AGREEMENT made as of the Fourteenth day of April in the year Two Thousand Nine (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Kodiak Island Borough, Municipality Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 and the Contractor: (Name, address and other information) Wolverine Supply Inc., General Corporation 5099 E. Blue Lupine Drive Wasilla , Alaska 99654 for the following Project: (Name, location and detailed description) East Elementary School, Window and Ventilation Improvements Kodiak, Alaska 99615 Window and ventilation improvements The Architect: (Name, address and other information) Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM - 2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM - 2007. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Init. The Contractor shall achieve Substantial Completion of the entire Work not later than August 15, 2009. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) liquidated damages shall be assessed at a rate of $1,000 per day for every day that substantial completion is achieved beyond August 15, 2009 ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Forty-three Thousand One Hundred Twenty -three Dollars and Zero Cents ($ 543,123.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate 1 § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price Units and Limitations Price Per Unit ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Init. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) 4 ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 10.5% per annum § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 § 8.4 The Contractor's representative: (Name, address and other information) 1 Mark Van Buskirk AIA Document A101 Tr " - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Init. 5099 E. Blue Lupine Drive Wasilla , Alaska 99654 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages As shown in the project As shown in the manual project manual § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: As shown in the Project Manual (drawings and specifications, including all addenda) included by reference as a part of this contract (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: As shown in the Project Manual (drawings and specifications, including all addenda) included by reference as a part of this contract (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages 1 3/23/2009 1 2 3/25/2009 2 3 4/1/2009 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Init. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond performance bond payment bond This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) 1 Rick Gifford, KIB Manager (Printed name and title) Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Limit of liability or bond amount ($ 0.00) $543,123.00 $543,123.00 Mark Van Buskirk, President (Printed name and title) AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Additions and Deletions Report for AIA Document A101 TM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:36:53 on 04/17/2009. PAGE1 AGREEMENT made as of the Fourteenth day of April in the year Two Thousand Nine Kodiak Island Borough, Municipality Kodiak Island Borough 710 Mill Bay Road Kodiak. Alaska. 99615 Wolverine Supply Inc.. General Corporation 5099 E. Blue Lupine Drive Wasilla , Alaska 99654 East Elementary School, Window and Ventilation Improvements Kodiak, Alaska 99615 Window and ventilation improvements Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Telephone Number: 907 586 1070 PAGE 3 The Contractor shall achieve Substantial Completion of the entire Work not later than August 15, 2009. liquidated damages shall be assessed at a rate of $1,000 per day for every day that substantial completion is achieved beyond August 15, 2009 § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Forty -three Thousand One Hundred Twenty -three Dollars and Zero Cents ($ 543,123.00 ), subject to additions and deductions as provided in the Contract Documents. Additions and Deletions Report for AIA Document A101 - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Alternate 1 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. PAGE 4 PAGE 5 .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); [ X ] Litigation in a court of competent jurisdiction 10.5% per annum Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska, 99615 Mark Van Buskirk 5099 E. Blue Lupine Drive Wasilla , Alaska 99654 PAGE 6 As shown in the project manual As shown in the project manual Title of Specifications exhibit: As shown in the Project Manual (drawings and specifications, including all addenda) included by reference as a part of this contract Additions and Deletions Report for AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Title of Drawings exhibit: As shown in the Project Manual (drawings and specifications, including all addenda) included by reference as a part of this contract Number Title Date PAGE 7 1 3/23/2009 2 3/25/2009 3 4/1/2009 performance bond payment bond $543,123.00 $543,123.00 1 2 Rick Gifford, MB Manager Mark Van Buskirk, President Additions and Deletions Report for AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Antonio Yorba, AIA, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:36:53 on 04/17/2009 under Order No. 1000395312_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A101TM — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: Thls AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:36:53 on 04/17/2009 under Order No.1000395312_1 which expires on 4/14/2010, and is not for resale. User Notes: (927630113) TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.A.2 Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. SUMMARY: Per KIBC 3.16.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. Bond project 05012, KHS HVAC upgrade includes the HVAC controls in the KHS auditorium and gym. The scope of work includes installation of NW8000 DDC controls with Universal Network Controller for remote web access control and monitoring including emailing alarms based upon and keeping with the Borough and School District "standard ". The Barber Colman DDC controls have been installed in the KIB school facilities, KFRC, and the hospital and continued to be maintained and supported through a networked control system installed and managed by Control Contractors, Inc. The use of a sole source preferred product, Barber - Colman Controls and a sole source contractor Control Contractors, Inc. of Anchorage has been in place for many years due to the uniqueness of the services. A standardization of products, installation, maintenance, and support services is a common practice for both economic and operational reasons. This standardization allows for the efficient handling of the facilities' mechanical control systems; the systems are integrated and networked. The Department of Early Education and Development (DEED) has approved the use of a sole source contractor /product for these bond projects. A scope of work and quotation of $232,500 has been received from Control Contractors, Inc. for the conversion of the existing pneumatic controls in the mechanical rooms at the KHS and auditorium. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades in an Amount Not to Exceed $232,500. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. XX -XXXX THIS AGREEMENT, made this day of April, A.D., 2009 , between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Control Contractors, Inc. of Anchorage, Alaska, a Corporation, 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 furnish and install the materials and to do and perform all the work and labor required in the construction of KHS Auditorium area DDC Conversion Project in the Kodiak Island Borough, Kodiak, Alaska, for the sum of Two Hundred Thirty Two Thousand Five Hundred ($232,500.00) Dollars. The Contractor further covenants and agrees that the entire construction 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: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor/Manufacturer agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. Z: \Projects \KHS HVAC Upgrade \Contracts \CCI Agreement -2.doc Page 1 of 4 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 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. The Contract entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 8. Standard Specifications Incorporated by reference 2. Change Orders 9. Information for Bidders 3. Addenda 10. Advertisement for Bids 4. Supplementary Conditions 11. Bid Form 5. Specifications 12. Performance and Payment Bond 6. Contract Drawings 13. Notice of Intent to Award 7. General Conditions 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents Z: \Projects \KHS HVAC Upgrade \Contracts \CCI Agreement -2.doc Page 2 of 4 assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided however, although the supplemental condition incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. 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, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion/delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor/Manufacturer. The bonds given by the Contractor in the sum of 50% Payment Bond, and 50% Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. 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 Control Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from to Z: \Projects \KHS HVAC Upgrade \Contracts \CCI Agreement -2.doc Page 3 of 4 , 2009. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: Attest: By Nova M. Javier, CMC Borough Clerk Z: \Projects \KHS HVAC Upgrade \Contracts \CCI Agreement -2.doc Page 4 of 4 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. SUMMARY: The Kodiak Island Borough provides solid waste collection services for residents located on the road system in Kodiak. A new solid waste collection contract was entered into with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The contract provides for extending the term of the agreement in two (2) one -year increments. This proposal extends the contract term to June 30, 2010. Amendment No. 3 for this contract reflects a negotiation with AK Waste to reduce the Year Two Option by $50,000 so the expected increase will be approximately $410,000. APPROVAL FOR AGENDA ITEM NO: 13.A.3 RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2006 -39C with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a unit cost contract for the period of July 1, 2009 to June 30, 2010. AMENDMENT #3 CONTRACT 2006 -39 BETWEEN KODIAK ISLAND BOROUGH AND ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC EXTENSION OF CONTRACT TO ENTER INTO OPTION YEAR TWO JULY 1, 2009 — JUNE 30, 2010 This amendment becomes part of the solid waste collection contract between the Kodiak Island Borough and Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste. KODIAK ISLAND BOROUGH By: By: Rick L. Gifford Jeff Riley Borough Manager Chief Operating Officer Date: 1. Exercise Option Year Two in the contract agreement from July 1, 2009 — June 30, 2010. Compensation for contract will be as per bid specifications column titled Option Year 2 included as part of original contract agreement with an average monthly deduction of $4,166.66 applied after administrative fee. By: ATTEST: Woody Koning, Director Nova M. Javier, CMC Engineering & Facilities Borough Clerk ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC Date: Date: Date: KODIAK ISLAND BOROUGH Regular Assembly Meeting February 15, 2007 A regular meeting of the Kodiak Island Borough Assembly was held February 15, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Barbara Williams. Absent were Assembly members Tom Abell and Reed Oswalt. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly member Tom Abell and Reed Oswalt, seconded by WILLIAMS. VOICE VOTE ON MOTION TO EXCUSE CARRIED UNANIMOUSLY APPROVAL OF AGENDA FRIEND moved to approve the agenda, seconded by BRANSON. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Special Meeting of January 11, and Regular meeting of January 18, 2007. BRANSON moved to approve the minutes as submitted, seconded by JEFFREY. VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION A. Employee of the Year Award Manager Gifford congratulated Bob Scholze, Dria Bray - Holloway, Lisa Marcato, and Meagan Christiansen as Employees of the Quarter for the Year 2006. Manager Gifford presented the Employee of the Year award to Meagan Christiansen, Secretary III in the Finance Department. CITIZENS' COMMENTS Andy Schroeder introduced himself and Erin Whipple as members of the new non - profit organization, Island Trails Network, which was formed to promote recreational trails on Kodiak Island. He outlined the group's mission and goals and announced a clean -up day on May 12, 2007, at Pillar Creek Beach from 10 a.m.. to 2 p.m. He requested a waiver of solid waste fees for this activity. Mayor Selby recommended to Mr. Schroeder that he discuss this with Manager Gifford. Kodiak Island Borough Assembly Minutes February 15, 2007 Page 361 April 20, 2009 Rick L. Gifford Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Gifford, A askaMaste Thank you for allowing additional time for the response to your letter I received the first week of March. This allowed us to stay focused on the draft R.F.P and Solid Waste Study that were out for public comment. In your letter you are asking for the $125,000 reduction to the year two option that was offered by Alaska Waste in March of last year. The discounts offered at that time were certainly in the spirit of cooperation with the Kodiak Island Borough, but at the same time, it was an attempt to secure the remaining available contract term. We were in the process of refinancing our business and would have benefitted by having both option years showing as secured revenue. The security of the revenue ultimately affects the loan rate which is why we valued the second option year discount at $125,000 instead both extension years at $75,000. Accordingly, we are unable to extend the $125,000 reduction at this time. We will, again in the spirit of support and cooperation, extend a $50,000 discount for the final option year of the existing contract, if the option is exercised within the next 30 days. We also write to suggest an alternative for your consideration. We understand that the draft R.F.P. has raised a number of concerns within the Kodiak community and before the Borough Assembly. In this regard, we read with interest the recent article in the Kodiak Daily Mirror. Curbside service, bear awareness, recycling, and variations in service between neighborhoods within the community are issues that cannot be readily resolved by a study based primarily on Lower 48 experience. While we concur that many of the suggested changes in services can be successfully implemented, we believe community support and acceptance will take time and education. We recognize that some of the proposed service adjustments may or may not work well in the unique Kodiak context. We also recognize that part of the public apprehension is simply a reasonable concern about the unknown or untested. Much of the orderly transition and implementation of the new scope of services requires changes to public awareness and education. The apprehension over the changes in the new services Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste 6301 Rosewood Street, Anchorage, AK 99518 907.563.3717 contract will be difficult to overcome without the ability to demonstrate its success. As Alaskans, we have always doubted that successes demonstrated in the lower 48 would really work in our world. There is no doubt that changes are necessary and the solid waste plan provides a template for success. However, without the support of the community behind these changes, this becomes an uphill struggle that may ultimately fail or become a burden of enforcement. It is with this in mind that we propose the following offer. We propose that the Borough extend the current Alaska Waste agreement for an additional two years beyond June 20, 2010. During the next three years Alaska Waste and the Kodiak Island Borough work together to implement on a trial or public education basis some of the changes in service proposed in the new collection contract. What this really says is we have three summers to focus on education, implementing, and adjusting the collection services at a pace that meets the needs of the administration and the residents of Kodiak. This allows us to work together to overcome the fear of change, demonstrate the success of the new collection methods, and adjust for those that just don't meet the needs of the residents. At the end of the three years, we would expect the changes in collection methods and services to be established which would allow for a successful bid. Three years will also allow time for the commodity markets to recover from their current historic lows which should allow for the development of recycling as part of this transition. In exchange Alaska Waste will hold pricing at today's rates plus adjustments for new capital investments and other items that are outside our control. We would welcome an opportunity to sit down and discuss this idea with you and your staff. Alaska Waste continues to be supportive of your administration's efforts to advance services associated with its solid waste handling. We value the relationship and hope to provide our resources to you for many years to come. Sincerely, Jeff Riley Alaska Waste Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste 6301 Rosewood Street, Anchorage, AK 99518 907.563.3717 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.B.1 Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. SUMMARY: This resolution approves the proposed additions for inclusion in the existing PILT agreement with the Kodiak Island Housing Authority for certain properties. The proposed additions will allow for current owners to safely house their expanded families in a healthy environment, and will therefore increase the value of the properties for the tax roll. The following properties are included in the agreement with KIHA: APPROVAL FOR AGENDA: Subdivision Lot Block Karluk 5 1 Old Harbor Townsite 5 9 Akhiok Townsite 6 -E 2 Katmai Hills 4 Port Wakefield 2 3 RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -30. 1 Introduced by: Manager Gifford 2 Requested by: Manager Gifford 3 Drafted by: Manager Gifford Introduced on: 05/07/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2009 -30 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REQUESTING THE PROPOSED ADDITIONS FOR INCLUSION IN THE EXISTING 11 PAYMENT IN LIEU OF TAX (PILT) AGREEMENT WITH THE 12 KODIAK ISLAND HOUSING AUTHORITY (KIHA) 13 14 WHEREAS, the Kodiak Island Housing Authority seeks to acquire Assembly approval of 15 payment in lieu of tax status for additions to certain residential buildings pursuant to KIBC 16 3.20.080 (E); and 17 18 WHEREAS, these additions will allow for the current owners to safely house their expanded 19 families in a healthy environment; and 20 21 WHEREAS, approval of KIHA's request will not affect the existing agreement except to modify 22 the structures and ultimately increase the value when the properties come onto the tax roll; and 23 24 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that the Assembly approves these proposed additions onto existing structures and 26 that they be included under the current cooperative agreement with KIHA for the following 27 properties: 28 29 Subdivision Lot Block 30 Karluk 5 1 31 Old Harbor Townsite 5 9 32 Akhiok Townsite 6 -E 2 33 Katmai Hills 4 34 Port Wakefield 2 3 35 36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 37 THIS DAY OF 2009 38 39 KODIAK ISLAND BOROUGH 40 41 42 43 Jerome M. Selby, Borough Mayor 44 45 ATTEST: 46 47 48 49 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -30 Page 1 of 1 Kodiak Island Housing Authority 3137 Mill By Road, Kodiak AK 99615 kodiakislandhousing.org Phone: 907- 486 -8111 Toll Free: 800- 478 -5442 Fax: 907 - 486 -8723 March 12, 2009 Rick Gifford, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford, Kodiak Island Housing Authority in an attempt to meet the needs of village families living in over crowded conditions has determined that the most practical way to meet this need is to construct additional living space onto the houses of homebuyers whose family size has outgrown their homes. The funding for this project will come from KIHA's Indian Housing Block Grant, which is federal HUD money. HUD requires an exemption from local taxation for these projects. KIHA is requesting an extension of tax exempt status to include additions to the properties listed below, in accordance with KIB 3.20.080 (E). Lot 5, Block 1 Lot 5, Block 9 LT 6A, Block 2 LT 4 LT 2, Block 3 Karluk Subdivision Old Harbor Townsite Akhiok Townsite Katmai Hills Subdivision Port Wakefield KIHA has identified these five properties whose resident families require more living space. These families have literally outgrown their housing unit. For example, a young couple with one child originally qualified for a two bedroom unit and a dozen years later they have grown to a family of seven trying to live in a two bedroom unit. Conditions like this are not conducive to healthy family living. (E) The private interests, other than fee simple record ownership, in real property of an individual residing in the property if the property has been developed, improved, or acquired with federal funds for low - income housing and is owned or managed as low- income housing by the Alaska State Building Authority or a regional housing authority formed under AS 18.55.996. This section does not prohibit the borough from continuing to receive payments in lieu of taxes authorized under federal law. This section applies only to those low- income housing units in existence prior to January 1, 1989, hence, any new projects, real property acquisitions and additions to the existing properties after January 1, 1989, shall require an ordinance of the assembly prior to the granting of an exemption under this section. Pertinent facts about this program: • Only low- income families (below 80% of Median) may participate. • Neither the term nor the principle of the Mutual Help Occupancy Agreement will be altered by this project. The properties will be conveyed in accordance with the MHOA by fee simple deed and be added to the tax role. • All construction will be subject to: 1. HUD Environmental Review requirements 2. Alaska Building Energy Efficiency Standard (BEES) 3. Kodiak Island Borough Zoning requirements 4. 1997 Uniform Building Code as verified by in -house ICC Building Inspector This project invests federal funds to provide needy families with healthy housing while adding future value to the tax base. KIHA would like to begin construction this building season. I thank you for your consideration of this request. Please call Rick Lindholm or myself at 486 -8111 if you need any further information. Sincerely, / Marty Shuravloff Executive Director TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.C.1 Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single Family Residential To B- Business (P &Z Case 09 -014.) SUMMARY: The Ouzinkie Native Corporation has requested the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision in order to allow for the re- development of the site with newer office and storage buildings to support the continuation of the uses at this location. The uses and structures have been nonconforming at least since June 5, 1980, perhaps even going back to 1977 when all land within the corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential. The applicable comprehensive plan goals and objectives speak to the need for economic diversity in the community. While a larger scope of zoning review is suggested by this investigation, the Planning and Zoning Commission recommends the approval with the understanding that a community wide zoning review will be investigated in the future. Several goals in the plan discuss the need to maintain good communication between the City of Ouzinkie, the Kodiak Island Borough, and other native corporation and tribal entities. Engaging the community on a future city wide zoning review can help to address these goals. The existing structures and uses on Lot 7 have contributed to the Ouzinkie community over the years and it appears that a continuation of these uses is warranted, albeit this continuation will require substantial re- investment on the site. The B- Business district will remove any stigma of the current nonconforming zoning status and encourage the re- development as proposed by the Ouzinkie Native Corporation. After holding a public meeting on March 18, 2009, the Commission unanimously approved recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single- Family Residential to B- Business. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -20 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Manager Gifford Requested by: P & Z Commission 1 Drafted by: CDD Staff 2 Introduced: 05/07/2009 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2009 -20 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10 LOT 7, BLOCK 11, OUZINKIE TOWNSITE SUBDIVISION FROM R1- SINGLE FAMILY 11 RESIDENTIAL TO B- BUSINESS (P &Z CASE 09 -014.) 12 13 WHEREAS, the Ouzinkie Native Corporation (ONC) has requested the rezone of a lot near the 14 Ouzinkie waterfront from R1- Single- family Residential to B- Business; and 15 16 WHEREAS, the property currently has two commercial buildings located there, an office 17 building and a warehouse; and 18 19 WHEREAS, the ONC has plans for re- developing the site which cannot be permitted under the 20 existing R1 zoning; and 21 22 WHEREAS, the Commission held a public hearing on March 18, 2009 as part of the review for 23 this case; and 24 25 WHEREAS, the Commission found the site in need of rezoning to permit the proposed 26 redevelopment of the site; and 27 28 WHEREAS, the Commission finds the request to be generally consistent with the goals and 29 objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update; and 30 31 WHEREAS, the Commission recommends that the Assembly rezone Lot 7, Block 11, Ouzinkie 32 Townsite Subdivision from R1- Single Family Residential to B- Business. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT 36 37 Section 1: This ordinance is not of general application and shall not be codified. 38 39 Section 2: Lot 7, Block 11, Ouzinkie Townsite Subdivision is hereby rezoned from R1- Single 40 Family Residential to B- Business. 41 42 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 43 hereby confirmed as follows: 44 45 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 46 The land owner, Ouzinkie Native Corporation, needs this rezone in order to re- develop a 47 property that has historically been used for commercial and office use for many years. The 48 buildings and use have been nonconforming for many years and this requested change of 49 zoning will provide the encouragement to redevelop the site in a manner that allows the 50 continued contributions of this site for the benefit of the larger community. The rezone request 51 suggests the need for further investigation which is beyond the scope of this immediate review. Kodiak Island Borough, Alaska Ordinance No. FY2009 -20 Page 1 of 2 52 53 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives 54 of the Comprehensive Plan. 55 The Comprehensive Plan mentions the need and desire for economic diversity and economic 56 opportunity in the community. It also speaks to the need to maintain good two -way 57 communication between the Kodiak Island Borough and the City of Ouzinkie. This need also 58 applies to the related native corporations and tribal councils serving the community as well. The 59 rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for 60 many years and will encourage the kind of re- development that is consistent with past use and 61 which has served the best interests of the Ouzinkie community for many years. 62 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2009 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2009 -20 Page 2of2 Current Zoning P & Z Case # 09 -014 Agent: Michael O'Conner Request: A rezone, according to KIBC 17.205.030.C, to change the zoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision, a 13,237 square foot parcel, from R1- Single Family Residential (KIBC 17.75) to B- Business (KIBC 17.90). Feet 250 500 750 1,000 1,250 I I I I 1 Ouzinkie selection Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend // . Two Family Residential Multi Family Residential Retail Business 1 Rural Neighbor Commercia Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone 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. 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 Applicant Information (.94riNkie FJctfi v CDv forril oa Property owner's name iP. 0 . '3ox f' 9 Property owner's mailing address at z N L.ue City 770 -6 7, A ta.c State 3 1 --24/5 Home phone Work Phone fin ;aux (Z. Q‘.4?NNos. --- Agent's name (If applicable) )1C.0t 11 0 (e.Stet be., Ste, zoo Agent's mailing addre s ,-) a A I`-, '956- City State Zip Home phone Work Phone Additional Narrative /History Application received by: Staff signature '96 zip otAztd ice E -mail Addr. E -mail Addr. STAFF USE ONLY t 11:0/2039 9 fit' :. <; Code Section(s) Involved: L 14-, t i:: tD Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 laid Other (appearance req ests, site plar. review, etc.) $140; Z oning change from r IL (KIBC 17.72; Property Information Property ID Number /s Qte Z �`,�k; G �w•►s�,.i� L 1( t - ``i4-jr , L(.SS 417 t Legal Description Current Zoning: g -1 Applicable Comprehensive Plan: CB„+,P Pf Year of Plan adoption: 2 I)pg Present Use of Property: t3 J ? , Vi N w 1 S� s p cicx- I A a ,rte �,► snit J t't•1C-1 drso Proposed Use of Property: ` s. Largo/ 12.009. (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. X As -built Survey Photographs — Maps Other Properly Owner's Signature Date Authorized Agent's Signature Date 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) PAYMENT VERIFICATION ZunrrHH Change, Fee Settedute: S<I B Arse bh_ ResoIutinn %'rr. ,lt,�ti 1 2005) t,r.s t per ! yACrE'` C ;44Y D .76 ti.) 5.60 acres S75oAm 5.0) to 40.00 acrci S1.04F).4W. 44.0/ tc.:-s e,!.SOO. Oct -O t Lt Mr. Duane Dvorak, Associate Planner/LRP Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 January 28, 2009 OUZINKIE NATIVE CORPORATION 11001 O'Malley Centre Drive, Suite 204 Anchorage, Alaska 99515 Phone: (907) 561 -2452 Fax: (907) 561 -2453 Email: ouzinkie@starband.net Phone: (907) 486 -9363 Fax: (907) 486-9396 Email: ddvorak @kodiakak.us RE: Request to Re -Zone Lot 7, Block 11, Tract A, USS 4871, Ouzinkie Township Dear Mr. Duane Dvorak: Thank you for taking the time this morning to provide me with historical information on the zoning of properties in the villages within the Kodiak Island Borough. Listed below are Ouzinkie Native Corporation's (ONC) plans to replace its aging office /store building with a modern, energy efficient facility in Ouzinkie: 1. Demolish the warehouse. 2. Construct a new 2 -story office /store building on the old warehouse site. 3. Demolish the existing office/store building when the replacement office/store building is built. When the currently existing office/store building is demolished, additional parking area will be created. Also, there will be vacant space for future expansion if the need arises. Lot 7, Block 11, Tract A, USS 4871 (please see attachments), on which the present store/office building and the warehouse are located, is currently zoned Residential. ONC understands that before it can proceed with its plans outlined above, Lot 7 needs to be re -zoned to Commercial. We also understand that may be possible to build out to the lot boundaries, due to a grandfather clause. Otherwise the new building's "footprint" would be significantly smaller that our needs if setback requirements apply. ONC respectfully requests the Kodiak Island Borough Planning & Zoning Commission to re -zone the referenced lot, so that its building plans can proceed. Thanks and best regards, Michael G. O'Connor, President & CEO cc: ONC Board of Directors ac cc ar:cti I- (ILUN LHNU 5URVLYING 1 - 3637 PAGE3 WO i 1, w ilo vo fa w a F W :- • \ \ 4 MEMORANDUM DATE: March 4, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 18, 2009 Regular Meeting CASE: 09 -014 APPLICANT: Ouzinkie Native Corporation AGENT: Michael G. O'Conner, President and CEO Public Hearing Item VI -A REQUEST: An investigation, according to KIBC 17.205.030.0 (Manner of Initiation) to consider the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision, a 13,237 square foot parcel, from R1- Single - family Residential (KIBC 17.75) to B- Business (KIBC 17.90) LOCATION: NHN, Generally located close to the waterfront in Ouzinkie Townsite. ZONING: RI- Single - family Residential Thirty-three (33) public hearing notices were mailed on February 12, 2009. Date of site visit: No site visit conducted 1. Zoning History: Zoned R1- Single - family Residential by KIB Ordinance No. 77 -15 -0. 2. Lot Size: Lot 7 13,327 Sq. Ft. 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Lot 9, Block 11, Ouzinkie Townsite Subdivision Use: Unknown Zoning: R1- Single - family Residential South: Lot 3, Block 12, Ouzinkie Townsite Subdivision Use: Vacant Zoning: R1- Single- family Residential East: Lots 3, 25 and 26, Block 15, Ouzinkie Townsite Subdivision Use: Vacant Zoning: R1- Single - family Residential Case 09- 014 /Staff Report Office Bldg.; Warehouse & Fuel Truck Storage Shed. Page 1 of 7 P & Z: March 18, 2009 West: Lots 5 and 6, Block 11, Ouzinkie Townsite Subdivision Unknown R1- Single - family Residential Use: Zoning: 5. Comprehensive Plan: 6. Applicable Regulations: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for commercial use. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. Case 09- 014 /Staff Report Public Hearing Item VI -A 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and 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 department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Page 2 of 7 P & Z: March 18, 2009 Public Hearing Item VI -A COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B -1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters. POLICY B -3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters. C. Natural Hazards POLICY C -1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: Not Applicable. The project location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The project location is not located in a steep slope area or identified as being within an erosion hazard area. D. Coastal Habitats and Resources POLICY D -5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the Case 09- 014 /Staff Report Page 3 of 7 P & Z: March 18, 2009 Case 09- 014 /Staff Report Public Hearing Item VI -A likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable. The project does not involve a wind generation project. b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the development or construction of an energy facility. H. Recreation POLICY H -1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable. The request does not involve a designated recreation area. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not Applicable. The project is not located in a water body. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not Applicable. This is not an area specifically identified or reserved for recreational use under 11 AAC 114.250(c). I. Archaeological and Historic Resources POLICY 1 -1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. POLICY 1 -2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an Page 4 of 7 P & Z: March 18, 2009 artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Not Applicable. The project is not located within an area identified as a historic or prehistoric designation area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(i). K. Mineral Extraction and Processing POLICY K -1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case 09- 014 /Staff Report Public Hearing Item VI -A Page 5 of 7 P & Z: March 18, 2009 COMMENTS The land owner, Ouzinkie Native Corporation, has initiated this rezone investigation in order to permit the redevelopment of the site with new buildings that will comply with the B- Business zoning district standards. Currently, the site is zoned R1- Single - family Residential and has been zoned that way since 1977 when the KIB Assembly rezoned the land within all incorporated communities to the R1 designation. The buildings and uses on Lot 7, Block 11, Ouzinkie Townsite have been grandfathered as nonconforming since that time. Since the buildings on the site became nonconforming they have been maintained "as is" by the owners. These facilities, however, have reached the full extent of their economic usefulness and must now be re- constructed rather than maintained "as -is ". According to the January 2008 Kodiak Island Borough Regional Comprehensive Plan Update this area is designated for commercial use and development. The B- Business zoning district is intended as a zone specifically for commercial uses but which does permit some limited residential and institutional uses that will not interfere with the permitted commercial use CONFORMANCE WITH THE COMPREHENSIVE PLAN: Case 09- 014 /Staff Report Public Hearing Item VI -A The Kodiak Island Borough Regional Comprehensive Plan Update, January 2008, identifies this area and the area around it for commercial development. While the plan identifies a great deal of area for commercial use, staff believes that some of this area might more appropriately be zoned for "mixed use" in UNC -Urban Neighborhood Commercial or RB- Retail Business, particularly in areas abutting designated residential areas. The proposed rezone site however is located close to the waterfront and rather isolated from residential areas. The plan has several goals that talk about diversified economic development in the community. In addition, there were several goals and objectives that talked about improving the manner in which the borough interacts with the community on a range of issues, presumably including how the borough regulates land use and zoning. This rezoning process, therefore, is an opportunity to work with the community to create some beneficial two -way communication. Although this case alone may not justify a meeting in the community, the Commission and staff should be sensitive to the idea of ensuring the people of Ouzinkie are fully and meaningfully included in the process. Staff did not see many other relevant goals and objectives relating to housing, transportation, recreation, etc. It should be noted for the record that the site has been developed for and used for commercial purposes for many years so that the requested rezone is in keeping with the existing land use pattern even though the current zoning did not support those uses. The rezone would have the benefit of moving the existing structures and uses out of the nonconforming category and allow the property to be redeveloped over time in a fashion very similar to what is already there. Page 6 of 7 P & Z: March 18, 2009 FINDINGS OF FACT Case 09- 014 /Staff Report RECOMMENDATION APPROPRIATE MOTION Public Hearing Item VI -A It should be noted that staff was unable to make a site visit in this case and therefore was not able to investigate this case as thoroughly as other cases here on the Kodiak Road System. A suggestion for future consideration would be to initiate a community wide rezone to investigate existing and desire land use patterns in the community and to apply the full range of recommendations in the adopted comprehensive plan along with community wide involvement. That would go far beyond the scope of this request, but might be helpful for the future so that Ouzinkie residents don't need to request a rezone every time a new development proposal comes along. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision from R1- Single- family Residential to B- Business, and to adopt the "Findings of Fact" in the staff report dated March 4, 2009 in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The land owner, Ouzinkie Native Corporation, needs this rezone in order to redevelop a property that has historically been used for commercial and office use for many years. The buildings and use have been nonconforming for many years and this requested change of zoning will provide the encouragement to redevelop the site in a manner that allows the continued contributions of this site for the benefit of the larger community. The rezone request suggests the need for further investigation which is beyond the scope of this immediate review. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. It also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with past use and which has served the best interests of the Ouzinkie community for many years. Page 7 of 7 P & Z: March 18, 2009 Issues Common to Multiple, Outlying Communities The following issues were identified in Comprehensive Plan meetings in outlying communities. When prioritizing these issues, residents typically ranked many of them as high. 4 Land use planning flexibility. Residents indicated that zoning designations should be flexible enough to allow for a mix of uses within each Comprehensive Plan or zoning designation (e.g., home occupations or small commercial businesses in residential zones), while protecting adjacent land uses from impacts related to noise or other adverse effects of such uses. 4 Marine transportation facilities. All outlying communities off of the road system expressed a desire for dock improvements that would allow new or expanded ferry service. They also expressed the need for marine freight service, which recently was discontinued by the primary carrier for most communities. 4 Airship improvements. Improvements that will enhance passenger access and freight movements were identified by residents of outlying communities as important to their economic viability. (See Chapter 7 - Transportation for more information about this issue.) 4 School facilities. Meeting participants in most of the outlying communities identified a variety of improvements needed to their respective school facilities, such as seismic upgrades, repairs to prevent or repair damage from water leaks and /or mold damage, and new exterior painting. Residents in most communities also identified population shifts that impact school enrollments as an issue. 4 Other infrastructure needs. A variety of public facility needs in many outlying communities were identified, including improvements needed to solid waste facilities, sewer and water systems, electrical generation, and transportation facilities. 4 Fuel and energy costs. Residents in all communities cited the high cost of fuel and need to develop and use alternative or lower -cost sources, where possible and /or provide support to residents to help address these costs. 4 Communication. The need for improved communication between the Borough and local governments, Tribal organizations, and community groups was identified as a high priority in all the communi scoping meetings outside the City of Kodiak. 4 Sport fishing, guiding and subsistence fishing and hunting. Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Individual fishing quotas (IFQ's) are a potential problem for the local tourism industry. Those regulations and limited entry requirements may impact local tour guides, charter boats, etc. Page 2 r� January. 2008 4 Support for local communities. Residents in many communities, particularly those not on the road system, recommended that the Borough do a better job of identifying rural community needs and considering them in combination with Kodiak's urban area needs to ensure an equitable aproach to meeting Borough -wide needs. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter EIEVen r, Local Communities 1 Demographic characteristics. Loss of young people in outlying cities and villages is a significant demographic issue that affects the future viability of those communities. 1 Teacher housing. The need for improved and better - maintained teacher housing was mentioned in all the Comprehensive Plan meetings in the outlying communities. The poor quality of the available housing was often cited as a reason why schools in those areas have difficulty retaining teachers. 1 Federal water treatment regulations. New federal Environmental Protection Agency (EPA) surface water treatment rules could have significant impacts on cities throughout the borough. New rules require a level of treatment that could result in very costly improvements to local water treatment facilities and systems. This could impact all cities in the Borough, including outlying communities with limited capacity to pay for and maintain such systems. ty of Kodiak The fo wing is a brief summary of existing conditions for the City of Kodiak. A more de ed descripti• • of needs, goals, policies and implementation actions can be found in pr: sous chapters (1- , as they relate primarily to the Kodiak urban area. Existing Anchorage. The City of Loc Government nditions The City of Kodiak is lo •ted on the northeastern tip of Kodiak Island, 25 •ir miles from iak was incorporated in 1940 and adopt:. a City Charter in 1965. Population and Hou The City of Kodiak has the largest • ' •ulation on the Island. e 2005 population estimate for was 6,088 people. According to Alas Department of or and Workforce Development (ADOLWD), in 2005, approximately 3,998 • -ople live • an area classified as "remainder of Kodiak Island Borough." The large majority o es area immediately surrounding the City of Kodi Chapter EIEVen Local Communities eople live primarily in the unincorporated According to the 2000 Census, the City • odiak are ' an exceptionally racially diverse community and is the most diverse in e Borough. Non- •'te residents make up the majority of its population (53.6 %). Asians mak 4p 31.7% of the populati... Alaska Natives and American Indians make up 11% of the po• • ation. There are more peopl- •f Hispanic ethnicity located in the City of Kodiak area th• elsewhere in the Borough (8.5 %). S- enty -two% of the area immediately surrounding e City of Kodiak (outside of City limits) is W e. There are 2,183 ho g units with the City of Kodiak, 45% of which are single . mily, detached units. Multi-fam ousing makes up the majority of units in Kodiak (53 %). Appr. 'mately 48% of units are ow r- occupied. Ko•'.k is a home -rule city, responsible for its own water and sewer facilities. The City has ass t e authority to provide various additional services to its residents, as provided in Title 29 of Kodiaklsland B OROUGH m h Plan � Page 3 d January. 2008 Oth Implemen tion Actions * Alutiiq Langua• Preservation. Expand current language program thro Old Harbor support of the Aluti . Museum language apprenticeship program to ' elude all age groups. And to develop and e .blish a language immersion camp as p• of Sitkalidak Island Camp programs. * To support the local subsistence of life fully, devel Island including community retreats • • using the the subsistence lifestyle. Subsistence lifes tea• Ings will include such traditional activities as smoking fish for the Elders, skin sewing an her related activities. The camp will teach respect of wildlife and conservation of res' rce * Expand the existing Alutiiq dance individuality and encourage pr * Continue to support re •' al cultural activities such as Alutiiq Cult week and Awakening Bear. * Establish a co unity garden to encourage people to come and work and other and ' entify other community beautification projects. * Est sh Church Youth and Adult activities including a regularly occurring Russian Ortho urch Camp. Page 40 A January. 2008 Build teacher housing to be controlled and maintained locally (rather than as a Borough - wned facility). Ou2in Existing Conditions History and CulturE Ouzinkie is located on the southwest shore of Spruce Island, which lies just off the northeast end of Kodiak Island in the Gulf of Alaska. The community is ten air miles north of the City of Kodiak, and 247 air miles southwest of Anchorage 2 A community was founded in the early 1800's at present day Ouzinkie by the Russian American Company. Archaeological evidence indicates that indigenous people have lived on Spruce Island for thousands of years. The name, Ouzinkie, can be traced to an adaptation of "uzen'kii ", a Russian word meaning "rather narrow ". Narrow Strait, on which Ouzinkie is located, is the Kodiaklsland BOROUGH Comprehensive Plan Update grams to incorpor ssionalism in youth. and utilize the camp on Sitkalidak p as a way of exercising and teaching language fluency and develop n from each Chapter Eleven r, Local Communities 0 a 1 0. c v 0 Chapter Eleven ., local Communities Figure 11.5 Kodiaklsland BOROUGH Comprehensive Plan Update Location of Rezone Pag€ 41 January 2008 Page 42 WA) January. 2008 present name of the passage between Spruce and Kodiak islands. Others have attributed the name to the word "Uzenkiy," meaning "village of Russians and Creoles," although not all local residents agree with this interpretation. The Royal Packing Company constructed a cannery in Ouzinkie in 1889. Other canneries followed, as well as a Russian Orthodox Church and a post office. The area was popular for cattle ranching in the early 1900's. The Ouzinkie Packing Company cannery was destroyed by the Good Friday earthquake and tsunami in 1964. The dock was later rebuilt, but not the cannery. The City of Ouzinkie was incorporated in 1967. The community of Ouzinkie and its people share a proud culture and heritage related to Russian contact. Several families in the village trace their family history back to Russian habitation, but ancestral indigenous family lineage also dates back to before contact with the Russians. Population and Housing The 2000 U. S. Census found a total of 225 people living in Ouzinkie, of whom 81% were of American Indian or Alaska Native (Al /AN) descent. The 2005 population estimate was 191, consisting of 87.6% Alaska Native or part Native. The 2000 Census showed 86 housing units in Ouzinkie, of which 74 were occupied and 12 vacant. This 14% vacancy rate was identical to the Borough -wide rate. Among the occupied units, 64 (86 %) were owner- occupied and the remaining 10 (14 %) renter - occupied. All but six housing units were detached, single - family homes; the remainder were attached units. The City's average household size of 3.04 persons was nearly identical to the Borough -wide average of 3.07. The vast majority of units (76 %) was built between 1970 and 1989. 16% of units were built between 1990 and 2000, and eight percent were built in 1939 or earlier. Residents report that the number of housing units is considered sufficient, but an increase in population could result in the need for more housing. A lack of available housing could limit the number of families and individuals that could move to the community. Residents support growth, particularly an increase in young people with families and a stable community. The wet climate will continue to create a need for ongoing maintenance of existing housing units. Residents recommend that when the housing authority comes into the village for new construction projects, new housing should be constructed in lots off the main road system with access roads to mitigate health issues contributed to dust. Local GovErnmEnt Ouzinkie is incorporated as a second -class city, and is governed by a seven - person City Council that includes the Mayor. In 2005, there was an average of 14 municipal employees (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a three percent sales tax. Most municipal funds come from service charges and other revenues 2 Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven A Local Communities The City of Ouzinkie provides or manages the following services: 4 Electricity 4 Water and sewer 4 Harbor improvements 4 Solid waste management The Ouzinkie Traditional Tribal Council is recognized by the Bureau of Indian Affairs as the community's official tribal governing body. As such, it is eligible to administer a variety of federal programs, including local health care, educational services, employment assistance and other social services. There are 560 tribal members, of whom about one -third reside in Ouzinkie. The Tribal Council has turned over its health care authority to the KANA. The Tribal Council consists of seven members, elected at -large according to an adopted constitution and bylaws. The Ouzinkie Tribal Council is the largest employer of permanent full -time, permanent part -time, and temporary part -time employees in the community. The Borough has not always effectively communicated its policies and commitments to Kodiak Island communities. There There is a need for an equitable formula to support unmet needs in KIB village communities within the scope of the Borough's nauthority and responsibility. Land Management and USE The Borough is responsible for all planning and zoning within the City of Ouzinkie and its important that they consult and communicate with village of Ouzinkie stakeholders when decisions that affect them are being made. The KIB Community Development Department prepared the 1984 Ouzinkie Comprehensive Development Plan, which describes the conditions that existed in the community at that time. It identifies local issues and establishes goals and objectives for the community. In the event that provisions of the 1984 plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. At this time, only the KIB zoning district that applies in Ouzinkie is the R -2 zone. Current zoning designations are shown on Figure 11.5. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. The Ouzinkie Native Corporation owns the surface estate to 115,200 acres in and around the City of Ouzinkie on Spruce Island as well as land on Kodiak and Afognak Islands.. Existing commercial and industrial facilities are clustered around the municipal dock. These include a fuel tank, warehouse, store, and the village corporation offices, most of which were originally associated with the cannery operation. Other land uses include the Ouzinkie School, AT &T Alascom earth station, Baptist mission, Russian Orthodox Church, cemetery, community hall, city hall, fire protection and facilities associated with the City's water, sewer, and electrical systems. Chapter Eleven Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 43 January. 2008 Page 44 *AI January. 2008 The current airport on the northern border of the village will have to be re -zoned after the completion of a new airport planned to be built one and a half miles farther north on the island. Locations will need to be considered for a new water tank, new cemetery, new residential areas and the need for a designated industrial area. The airport's current location limits the growth of the community. Without that limitation, the airport land and the land north of it will most likely receive different zoning designations. Residents have identified the need for additional development land that could serve future new housing or businesses. An expansion area located near the north end of the airstrip along the western shoreline has been identified as the most appropriate site for such expansion. Economy The 2000 U. S. Census showed that only 59% of the City's population age 16 and over was in the labor force. The median household income was $54,375. The Alaska Department of Labor and Workforce Development determined through a special rural labor market survey that 47% of the adults of Ouzinkie were unemployed as of March, 2004. The latest federally reported unemployment rates indicate an overall rate in the United States of 5.7% and in Alaska of 7.5 %. A City of Ouzinkie Municipal survey done in November 2004 adjusted the community's Low Moderate Income (LMI) level from 41.3% in the 2000 Census to 92% based on the change in household income indicating that 92% of Ouzinkie residents are considered Low Moderate Income households. Over the last two decades, Ouzinkie has seen the decline of a once - vibrant fishing economy. Factors contributing to this situation include changes in fisheries regulation (limited entry and individual quota systems), destruction of the waterfront by the 1964 earthquake and tsunami, loss of local fish processing facilities due to fire, and the high cost of fuel and other supplies. Employment in Ouzinkie is now primarily provided through government entities including the City of Ouzinkie, Ouzinkie Tribal Council, the Kodiak Island Borough School District, and the local U.S. Post Office. However, many of these jobs are relatively low paying with few if any benefits such as health insurance and retirement programs. Many positions are only part-time or seasonal. Most community residents survive through a mix of part-time and seasonal work combined with subsistence hunting, fishing and gathering. More opportunities for employment of young residents will be essential to retaining and creating a thriving community of people and families in Ouzinkie. No canneries have operated since the Ouzinkie Seafoods cannery burned down in 1976. In 2004, the Ouzinkie Tribal Council, Ouzinkie native Corporation and City of Ouzinkie established the Spruce Island Development Corporation (SIDCO). The SIDCO board of directors has 10 board members comprised of nine members from the three founding entities and one at -large community member. The purpose of SIDCO is to research and develop economic enterprises for the community of Ouzinkie. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven bi Local Communities Transportation and Public Facilities Improved transportation access is needed for Ouzinkie to diversify the local economy. The community is developing a transportation facilities plan that includes: a new rock - filled sheet pile dock, a new longer airstrip, a stuffy feasibility of a regional Alaska Marine Highway system for Kodiak Island, an access road to the boat harbor and improved local roads. The road system in Ouzinkie is limited to a few miles of gravel road and paths. There are some vehicles (less than 25 total) and approximately 20 -40 ATVs in the community. Ouzinkie is on an island and has no over -land access roads to the closest community, the City of Kodiak. There is a need and desire for more local roads. According to a recent transportation study for Ouzinkie and other communities, including local roads has the potential to offer the broadest benefit to local residents, the borough, state and federal governments, and will increase the collaboration for the funding opportunities. There also is significant need to mitigate dust from the roads that complicates respiratory diseases in the community in all age groups. The Lazy Bay, an intro- Kodiak Island marine cargo vessel, delivers freight on demand from Kodiak. Many community members transport their own freight in private vessels ranging from wooden skiffs to commercial fishing vessels. Island Air and Servant Air make scheduled passenger and mail trips to Ouzinkie utilizing a 2,500 -foot gravel runway, which is owned by the state and maintained by the City. Charter service between the City of Kodiak and Ouzinkie also is available. A lack of radar equipment makes air travel unreliable as weather conditions, such as fog, low clouds, and wind can ground all flights. The airstrip is not large enough to accommodate larger, freight cargo aircraft and there is no fuel available. There also is a float plane landing area at Ouzinkie harbor. Ouzinkie harbor facilities include a breakwater, a small boat harbor and dock. The current dock was built after the 1964 earthquake and is an old creasote piling platform dock that is becoming unsafe. The dock cannot accommodate larger vessels, such as the Alaska Marine Ferry system. Plans are being made for a new dock and bulkhead. The new dock would provide for greater passenger and freight access and lower rates. The Ouzinkie dock engineering design project was funded in 2006. The community is working to secure construction funds in 2007. The City -owned water system is supplied by a dam on Mahoona Lake and Katmai Creek. The water is treated and piped throughout the system, which serves 86 homes and commercial facilities. While recent upgrades to water storage and treatment systems provide adequate, Chapter Eleven wei Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 45 January. 2008 Page 46 A January. 2008 high - quality water to residents, they report problems with distribution, including uneven water pressure, some minor leaks and the need for distribution to the harbor area. The City also owns and operates a piped sewage system, central septic treatment system and an outdated sludge disposal site. The sewage system is reported to be in relatively poor condition, with insufficient capacity. The sludge lagoon also is reportedly undersized and no longer capable of adequately treating sewage sludge. Refuse is collected twice a week by the City. The City's landfill is currently located near Eskimo Cove about a mile from the City center. The landfill reportedly is well- designed and maintained. A hazardous waste storage building also is located near the site for storage of hazardous materials. Waste is incinerated and residents are concerned that the landfill may become a safety hazard if incineration is not allowed in the future. There is significant community interest in developing a recycling program, specifically for aluminum cans. There are issues with hazardous waste and old cars located in other parts of the community3 City of Ouzinkie provides the community electrical power produced by a hydroelectric turbine and four diesel powered generators, two of which were installed in 1999. Power available from the hydroelectric plant is a function of rainfall, supplemented by the storage capacity of Mahoona Lake. The water supply from Mahoona Lake is not adequate to meet all of the communities electrical power generation needs and therefore electrical power must be supplemented by use of diesel generators. Power outages are common. The City is interested in alternative energy and has begun to research the possibility of wind generation and the plausibility of using tidal changes in Narrow Straits on the west end of Spruce Island. The Kodiak Island Borough School District (KIBSD) operates the Ouzinkie School, which had an enrollment of 44 students in Kindergarten through 12th grade for the 2005 -06 academic year. The Borough -owned school building was constructed in 1972 and expanded in 1980. The Ouzinkie School is poised to receive substantial upgrades to the physical structures, including seismic retrofit and general maintenance procedures. The Ouzinkie Health Clinic is operated by the Kodiak Area Native Association. Funding sources for a needed expansion of the clinic are being explored. There is currently no Village Public Safety Officer. Parks and REcrEation A cleared area for a playing field is located next to the Ouzinkie School. Residents previously graded and leveled the field, but did not have the resources to complete improvements there. Support from other sources is needed to complete this facility. No other formal recreation facilities are located in Ouzinkie. EnvironmEntal Quality The City of Ouzinkie is located in a cove on Spruce Island, which lies north of Kodiak Island and Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven A local Communities east of Afognak Island. The island is characterized by swampy areas, volcanic rock and soils, and sedimentary rock, and an abundance of tall spruce trees. Other common plant species include bluejoint, beach and rye grasses, devil's club, ferns, salmonberry and high bush cranberry. Soils are relatively shallow, with significant muskeg cover, and poorly drained. Katmai Creek runs through the community. Several areas suffer from erosion, including the ridge along the west end of the airstrip, the area along the waterfront of Ouzinkie harbor, and the access road to the Ouzinkie bulk fuel facility. Ouzinkie and its surroundings are home to a wide variety of fish and wildlife species, which locals rely on for commercial fishing, subsistence hunting and fishing, and sport hunting /fishing. Most of Ouzinkie's commercial fishermen are in the salmon fishery, but herring and crab are also popular. Several threatened and /or endangered species are found in Ouzinkie. While bald eagles are prevalent, the population of harbor seals and sea lions in the area seems to have declined significantly over the past two decades. For about 16 years, people have not harvested Butter Clams because of Paralytic Shellfish Poison. Residents have noted that this is a significant loss for community members. The dominant physical hazard in the Kodiak Island Archipelago is inclement weather. During severe storms, especially winter storms, Ouzinkie can be completely isolated from the outside world, with the loss of telephone communication for days, and threats of running out of fuel oil and store supplies. Occasional dry spells in the summer can create dusty conditions. The wet climate can be a source of black mold, which affects the condition of homes and other buildings, including the school. Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: High Priority Issues ♦ Need to replace the old wooden dock with one that could support fishing (commercial and sport), tourism fish processing, and the Alaska Marine Highway. ♦ Diversify the local economy. ♦ Important to explore opportunities for alternative energy, such as wind generation. ♦ Need for seismic and other upgrades at the school, which is the third -most vulnerable Borough facility. Chapter Eleven ►, Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 47 ►; January. 2008 Page 48 wei January. 2008 • The Borough needs to be accountable and communicate KIB policy as it relates to outlying villages. • Communication between the Burough, the City of Ouzinkie and the Ouzinkie Tribal Council. Medium and Lower Priority Issues ♦ Need flexibility in zoning to allow for lodges or cabins and home occupations. Consideration for future public use, industrial areas and residential zones. ♦ Need assistance in developing the empty space behind the school into a ball field. • Important to retain access to public recreational lands via native corporation or other private lands. • Need support from the Borough on parks and recreation. • Need to maintain facilities at the city park at Sourdough Flats. • Access roads to the boat harbor and a boat ramp are needed. • Support the City on the Community Quota Entity (CQE) program. • Need to support commercial fisheries, sport fisheries and tourism, which are community's lifeblood. • Improvements to teacher housing needed. • Scrap metal and hazardous waste should be removed from the dump every couple of years, or get permission to bury the metal. • Need to clear out any waste in the watershed and test for contaminants. ♦ Contamination issues of the old dump near the back beach need to be addressed. • Equalize funding between schools in the Kodak urban area and the village's schools. • Expansion of the health clinic is needed. • Orientation to village life is needed for VPSO and teachers. • New housing authority projects should be constructed in lots off the main road system with access roads to mitigate health issues contributed to dust. ♦ Local road system needs to be upgraded and expanded. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven A Local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Ouzinkie Community Plan prepared through a community process that took place over several months. Land Use Policy • Provide flexibility in zoning to allow for lodges or cabins and home occupations, cemeteries and industrial areas. Parks and Recreation Goal: Support efforts to develop parks and recreation facilities. Implementation Actions * Assist the City in developing the empty space behind the school into a ball field. * Maintain facilities at the City park at Sourdough Flats. Transportation Goal: Improve access to Ouzinkie. Policy • Improve roads. Implementation Actions * Increase roads inventory. * Resurface current roads. * Develop a community transportation facilities plan. * Build a new rock - filled sheet pile dock with necessary equipment that can accommodate the Alaska Marine Highway's Ocean -going ferries and commercial expeditors. * Build a new airstrip developed in accordance with existing project design. * Develop access to the Alaska Marine Highway. Chapter EIEVen r, local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 49 January. 2008 * Construct an access road to the boat harbor. * Replace the old wooden dock with one that could support fishing (commercial and sport), tourism fish processing, and the Alaska Marine Highway. * Construct a boat ramp. Page 50 wt, January. 2008 Public Facilities, Health and Safety Goal: Decrease dependence on Expensive fuels and create a cost- EffEciEnt community. Policies • Increase bulk fuel storage to provide storage for #2 fuel oil. • Determine the feasibility of Terror Lake Power Intertie to Ouzinkie. Implementation Actions * Improve and expand the hydroelectric facility. * Explore alternative sources of bulk fuel such as a fuel buying cooperative and the establishment of a bulk fuel company. * Provide a consumer education program about fuel efficiency. * Complete an alternative energy feasibility study by 2011. Goal: Improve public safety. Policies • Fully participate in the Village Public Safety Officer Program and morally support the VPSO. • Implement the Community Response Plan. Implementation Actions * Update the Ouzinkie Emergency Response Plan. * Update and replace Public Safety Equipment and provide necessary training. * Negotiate VPSO contract with the community before VPSO is hired. * Review and update Emergency Response Plan. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven Local Communities Goal: Improve health care. Policies • Develop a Health Care Program that will address: • The current inadequate clinic. • Eldercare that includes Elder Assisted Living. • Specialty Clinics held in villages. • Other unmet needs. • Enhance the current behavioral health programs to more fully include and integrate: • Prevention. • Educational activities. • Screening programs for substance abuse. • Counseling and aftercare programs. Goal: Improve Educational opportunities in Ouzinkie. Policy • Ensure that the Kodiak Island Borough School District abides by its mission statement and meets its legal educational obligation to Ouzinkie by 2008. • Continuously expand and support current leadership. Implementation Actions • Finish seismic upgrades at the school, which is the third -most vulnerable Borough facility and improve the school gym. * Design and build a multi - purpose building that provides dedicated space for: a center for young adults to learn life skills, business skills, and to have fun, a pre - school, a Learning and Education Center, office space for the City and other organizations, and transient housing. * Develop an effective Even Start Program that addresses defined community Educational needs by 2008 in partnership with Kodiak College. * Ensure equitable funding among Ouzinkie School and the schools in other communities. * Provide incentives to retain good teachers. * Develop a core group of at least six adults from throughout the community that develop events based on traditional values that are drug and alcohol free. * Source a full -time grant writer in support of community projects. Chapter Eleven A Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 51 ►, January. 2008 Page 52 January. 2008 Local Government Goal: Increase community independence. Policy • Build local organization and program(s) capacity. • Expand community infastructure. Implementation Actions * Coordinate community communication; have an all entities Network, e.g., city, tribal, corporation, SIDCO, school (not just be invited, be involved.) Economy Goal: Retain residents and improve quality of life. Policies • Improve economic opportunities. • Foster and support of local entrepreneurship, specifically in small wood products, tourism, local medicinal plants, and e- commerce. • Develop fisheries opportunities in support of the local fishing fleet. • Support the City on the CQE program. Implementation Actions * Ensure that within five years, the Ouzinkie Community Holding Corporation is fully functioning and managing the maximum allowable halibut and sablefish quota shares and managing sport halibut permits. * Investigate permitting requirements to reopen the existing fish processing facility. * Receive continued professional development training. * Increase potable water supplies /storage. * Study cheaper electricity options. Environmental Quality Goal: Provide a safe and healthy environment and practice Environmental stewardship. Policies • Address dust control and clean air. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter EIEVEn ►� local Communities • Regulate garbage clean up around the village. • Protect and preserve traditional use areas from off - island impacts such as ballast water discharge, over fishing and systemic pollution of our oceans through: • Monitoring local use areas. • Actively support and participate in organizations that seek to strengthen and enforce regulations that protect Ouzinkie's traditional use areas. • Partner with other neighbouring communities. • Continue teaching young people about traditional use. • Complete an environmental assessment. implementation Actions * Clear out any waste in the watershed and test for contaminants. * Address contamination issues on the back beach. * Establish a community -wide environmental plan. * Establish a solid waste management program in cooperation with Kodiak Island Borough that addresses solid waste management issues. * Complete an environmental survey. * Conduct an annual environmental assessment review. • Seek funds to hire a full -time operator and manager for solid waste management facility. Existin onditions History and Cu E Port Lions is located in Settler • e, on the north coast of Kod'• Bland, 247 air miles southwest of Anchorage. Port Lions is a comm rich in culture • • history that dates back at least 6,000 years. The majority of residents can trace - it an ry to the Old Village of Afognak and have a diverse mix of indigenous Sugpiaq /Alutiiq, C . and Scandinavian bloodlines. Surnames such as Lukin, Nelson, Kewan, Pestrikoff ' .skofsky an •eratine reflect these derivations. Several sites within or near t. ity limits of Port Lions have been • umented as pre- European occupation. Three of -se are on the Peregrebni Peninsula and one is . the head of Settlers Cove. Another • sible site is at the north bank of the mouth of the Port Lion er. Three homestea• ere established on the upper cove and Peregrebni area during the - . 1 20th cent and a sawmill was located near the mouth of the Port Lions River during this sa iod. Chapter Eleven IA Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 53 ►, January. 2008 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Torres X Ms. Vickstrom X Vacant March 18, 2009 Kodiak Island Borough Planning & Zoning Commission Minutes Assembly Chambers CALL TO ORDER CHAIR KING called to order the March 18, 2009 regular meeting of the Planning and Zoning Commission at 7:35 p.m. ROLL CALL A quorum was established. COMMISSIONER WATKINS MOVED to excuse COMMISSIONER VICKSTROM. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to move Public Hearing item B -Case S09 -016 to the first item tonight. Voice vote CARRIED unanimously. COMMISSIONER WATKINS MOVED to approve the March 18, 2009 Planning & Zoning agenda as amended. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER TORRES MOVED to approve the February 25, 2009 Planning & Zoning Regular Meeting Minutes. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Steve Kreber stated that due to a broken fiber optic cable tonight's meeting cannot be broadcast. PUBLIC HEARINGS B) Case S09 -016. Request preliminary approval, according to KIBC 16.40, of the platting of a portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474. Cassidy stated in the past the commission reviewed an appeal of a staff decision not to issue a zoning compliance permit for the construction of a home which the commission overturned that decision and a March 18, 2009 P&Z Minutes Page 1 of 5 0 zoning compliance permit was issued. Tonight you are approving a subdivision. Staff recommends approval subject to two conditions. COMMISSIONER TORRES MOVED to grant Preliminary approval, according to KIBC 16.40, of the platting of a portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474, subject to two conditions of approval, and to adopt the findings in the staff report dated February 24, 2009 as 'Findings of Fact" for case S09 -016. Close regular meeting: Open public hearing: Randy Gilbert gave a list of reasons of why they requested preliminary approval to subdivide this parcel. Close public hearing: Open regular meeting: A brief discussion. CONDITIONS OF APPROVAL [1] Place a note on the face of the plat that reads: "This plat recognizes a non - conforming lot of record ". [2] Remove reference to Lot 7B in legal description. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Roll call vote on motion CARRIED 5 -0. A) Case 09-014. Request a rezone, according to KIBC 17.205.030.C, to change the zoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision, a 13,237 square foot parcel, from R1- Single - family Residential (KIBC 17.75) to B- Business (KIBC 17.90). Cassidy gave a brief staff report stating you are being asked to recommend to the Assembly to rezone a piece of waterfront property in Ouzinkie that is zoned Rl to redevelop that section of town. Staff recommends approval. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision Loin R1- Single - family Residential to B- Business, and to adopt the "Findings of Fact" in the staff report dated March 4, 2009 in support of this recommendation. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission 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. March 18, 2009 P &Z Minutes Page 2 of 5 The land owner, Ouzinkie Native Corporation, needs this rezone in order to redevelop a property that has historically been used for commercial and office use for many years. The buildings and use have been nonconforming for many years and this requested change of zoning will provide the encouragement to redevelop the site in a manner that allows the continued contributions of this site for the benefit of the larger community. The rezone request suggests the need for further investigation which is beyond the scope of this immediate review. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. It also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with past use and which has served the best interests of the Ouzinkie community for many years. Roll call vote on motion CARRIED 5 -0. C) Case S09 -014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 -feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy stated the applicant requested postponement again while waiting for the Corp of Engineers and Alaska Department of Fish & Game to resolve some issues based on the nature of this easement. Staff believes this should be postponed until next month. COMMISSIONER WATKINS asked Cassidy if this salmon easement through Fish & Game is a State law or Fish & Game policy because if it's State law we can't do anything with this easement. Cassidy stated if he asked him to look into this he hasn't but he will and will have an answer at the next meeting. COMMISSIONER WATKINS MOVED to postpone Case S09 -014 until the April 15, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed information related to the need for the vacation and specifically showing what level of requested relief is necessary to accommodate ADEC requirements for on -site septic system development. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Roll call vote on motion CARRIED 5 -0. OLD BUSINESS A)Case 09 -012. Adopt findings of fact in support of the commission's denial for a rezone investigation, according to KIBC 17.85, 17.75 & 17.205, from R1- Single Family Residential to R3- Multi Family Residential. The location is 2713 Spruce Cape Road and it is zoned R1- Single Family Residential. The applicant is Jon C. Stratman. Cassidy stated the commission made a decision at the last meeting not to approve this rezone request and findings were deferred to this meeting. March 18, 2009 P&Z Minutes Page 3 of 5 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.D.1 State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). SUMMARY: The Olds River Inn filed a restaurant designation application with the Alcoholic Beverage Control Board that would permit persons under sixteen years of age to dine there if accompanied by anyone twenty -one years of age or older and would authorize each establishment to employ persons between sixteen and nineteen years of age to serve food and bus tables. Alaska Administrative Code, Title 13, Chapter 104.725 (e) stipulates that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises exists; therefore, the ABC Board forwarded the application to the Borough for Assembly approval. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to Approve the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). The pandng of this permit allows access of persons under 21 years of age to designated banned premises for purposes of dining, and and pa,oes under the age of 19 for employment. If for employment, please state m detail, bow the person will be employed, dudes, etc. (13 AAC 104.745). This application is for &bipe doe of premises where : (please mark appropriate bans). 1 X Under AS O4.16.010(c) Born fide raiment/eating place. 2 Paso.s age 16 to 20 may dine eticoompenied. 3 Persons under 16 may dine accompanied by a pesos 21 years or older. 4 Palos between 16 and 19 yeas may be employed. (See note below). at r ) LL.C.. D/BIA: 01d s R f "INN/ LICENSEE: ADDRESS: 1. 2. 3. Dubee of employment 4. Are video pores available to the public on yaw premises? 5. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS 04.16.049 & 13 MC 104.715-794 FEE: 55&N '3 2. Pkt sag sl-A Hoansof0peradow 111 A.m 4o MOO Palk Telephone Have police ewer been called b your praxises by you or WNW else for bey reason () Yea Eyes, mss) sad -tion(a)• Do you provide a ntandamene () Yes Y 3 No Byes, describe. 6. Dow is Wei sawed? Table Service Buffet SaviceYCounter Service Other• 7. la die maze, oinaapq or se iafaet manager always present daring business hems? (' Yes ( ) No "' A MENU AND A DETAILED UCENSED MIMES DIAGRAM MUST ACCOMPANY THIS APpijCATI N This permit amnia in afflict wail the liquor tisane is tranakrred OR at the diaaeden Odle the Alcoholic Beverage Central Board (13 AA 104.795) mold , AS 04.16.060, 13 AAC 104. 715 -795 and lave insulated my employees about provisions APPhelsKs)eiSbebwe Subrisd swesx d shies Mikados approved (13 MC 104.725(e) Oovaxixg Body Offkid od,4 k' �i-k qg I S be 14 ° Director, ABC Bosh *s. NOTE: AS O4.16.049(c) requires that written parental consent and an exemption by the Department o f Labor must be provided so the licensee by die employee who a under 19 yen of age. Persons 19 and 20 years of age are not required to have • the consent or =amok" • Describe law hod is saved on back of form. Article 7 Restaurant Designation Permits Section 715. Application for designation. 725. Dining by persons under the age of 21. 745. Employment of persons under the age of 21. 765. Limitation of designation. 775. Certificate of designation. 785. Termination of designation. 795. Suspension or revocation of designation. 13 AAC 104.715. Application for designation (a) A licensee desiring designation under 13 AAC 104.715 - 13 AAC 104.795 as a bona fide restaurant, hotel, or eating place for purposes of AS 04.16.010 (c) or 04.16.049 must file with the director an application, on a form prescribed by the board, together with an initial application fee of $50. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 13 AAC 104.725 and 13 AAC 104.745, as applicable, are met. (b) The designation application must include (1) a statement of the type of designation requested, whether for employment under AS 04.16.049 (c), for dining under AS 04.16.010 after standard closing hours, for dining under AS 04.16.049 (a)(2), for dining under AS 04.16.049 (a)(3), or for any combination of those designations; (2) a description of the location of the premises for which the designation is desired; (3) a listing of meals to be offered to patrons; if a menu is not available, the applicant shall state what the menu is expected to be; (4) a detailed floor plan of the proposed designated and undesignated areas of the licensed business; (5) a description of any entertainment offered or available within the licensed business, and on the proposed designated portions of the premises; (6) a description of the manner of food and beverage service offered or anticipated, whether table service, buffet service, counter service, or other; (7) a statement of whether an owner, manager, or assistant manager is always present on the premises during business hours; and (8) any other information required by the board. (c) The board will, in its discretion, reduce the premises area requested to be designated in the application. (d) A restaurant designation granted to the holder of a golf course license is limited to the clubhouse. 13 AAC 104.725. Dining by persons under the age of 21 (a) Upon application under 13 AAC 104.715 for a designation under AS 04.16.049 (a)(2) or (3), or both, the board will, in its discretion, designate a licensed premises for dining by a person under the age of 21 who is not accompanied by a parent, legal guardian, or spouse who has attained the age of 21, only if it finds that (1) the premises are a bona fide restaurant; (2) there is supervision on the premises adequate to reasonably ensure that a person under the age of 21 will not obtain alcoholic beverages; and (3) it is unlikely persons under the age of 21 will enter and remain on the premises for purposes other than dining. (b) The board will generally presume that the premises are a bona fide restaurant for purposes of (a)(1) of this section if (1) the premises are licensed as a restaurant or eating place; (2) at least 50 percent of the gross revenue of the licensed business is from the sale of food and non - alcoholic beverages; or (3) the premises are a facility at which the patron's primary activity is dining. (c) For purposes of (a)(3) of this section, the board generally will presume that premises are unlikely to be entered by persons under the age of 21 other than for purposes of dining if no entertainment other than dining is provided or available. "Entertainment" includes live music, dancing, pool and other table games, sports, pinball, and video games. (d) The presumptions in (b) and (c) of this section are neither conclusive nor exclusive. The board will, in its discretion, find that premises that satisfy the presumptions are not a bona fide restaurant or do not provide adequate supervision. The board will, in its discretion, find that premises not satisfying the presumptions in (b) and (c) of this section are nonetheless a bona fide restaurant with adequate supervision. (e) An application for a new designation of premises under this section will be approved by the board only if it is approved by the local governing body having jurisdiction over the area in which the licensed premises exists. 13 AAC 104.745. Employment of persons under the age of 21 (a) Upon application under 13 AAC 104.715 for a designation under AS 04.16.049 (c), the board will, in its discretion, designate licensed premises for employment of persons between the ages of 16 and 19 years only if the board finds that the premises are a bona fide hotel, restaurant, or eating place, and if all the other requirements of AS 04.16.049 (c) are met. (b) For the purpose of AS 04.16.050 , an underaged person, who is employed in compliance with AS 04.16.049 , is not in possession or control of alcohol if, while supervised by a person over the age of 21 who is also present on the licensed premises, the underaged employee handles empty or partially empty glassware and containers of alcoholic beverages while busing tables or washing dishes. Any remaining alcohol in the glassware or container must be discarded as soon as possible by placing it in the wastewater, if available, or in a waste container. 13 AAC 104.765. Limitation of designation (a) The board will, in its discretion, designate only a portion of a licensed premises under 13 AAC 104.725 and 13 AAC 104.745, and will, in its discretion, limit the hours when persons under the age of 21 may be present on the designated premises. (b) A licensee may make changes to the designated premises only with the prior approval of the board. 13 AAC 104.775. Certificate of designation Upon approval by the board of a designation application, the director will issue a certificate of designation of premises, which will state whether the designation is under AS 04.16.049 (a)(2), AS 04.16.049 (a)(3), AS 04.16.049 (c), or a combination of those statutes. The certificate must be prominently displayed in the license premises. 13 AAC 104.785. Termination of designation A designation issued under 13 AAC 104.715 - 13 AAC 104.795 terminates upon expiration, revocation, transfer, or relocation of the holder's alcoholic beverage license. A local governing body may protest continuation of a designation in the same manner it protests other license actions under AS 04.11.480 . 13 AAC 104.795. Suspension or revocation of designation A designation under 13 AAC 104.715 - 13 AAC 104.795 is a privilege over and above that of a license, and is issued with the understanding that the board will, in its discretion, suspend or revoke the designation for good cause without a hearing under AS 04.11.510 or the Administrative Procedure Act, AS 44.62. The director will notify a licensee in writing not less than 10 days before board consideration of suspension or revocation of a licensee's designation. The board will afford the licensee an opportunity to be heard. LICENSEE: STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT • AS 04,16.149 & 13 AAC 104.715 -794 FEE: 550.00 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and and persons under the age of 19 for anploysnent. If for anployment, please state in detail, bow the person will be employed, duties, etc. (13 AAC 104.745). This application is for designation of premises where : (please merit appropriate items). 1 X Under AS 04.16.010(c) Bow fide restaurant/eating place. 2 Persons age 16 to 20 may dine unaccompanied. 3 Pasant under 16 pay dine accompanied by a person 21 years or older. 4 Persons bdween 16 and 19 years may be employed. (See note below). Ct re,1., ¶ ) LL.L D/B/A: CJ s R vre r- O st.) ADDRESS: 3 2 2 3 Pt S4 5 }i I R d _ L Kk1 A-k 9 V 6 1 . Hoes ofoprrelim: 1 1 1 4.A'1 to I12 Pal Telephone 2. Have police ever been aped lo your premises by you or anyone dee for nay rand I) Yes 1)d No If yes, dates) and (s). 3. Duties of employment: 4. Are video games available to tbe public an your premises? S. Do you provide ensaWuees.- () Yes No If yes, describe. 6. How is food saved? x Table Service Bullet Service Y Cou ter Service Other' 7. Is the owner, manager, or indiesmt manager always present during business betas? 7 ` Yes ( ) No as A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION This permit .emaays in offset u867 the liquor fioane is trandared OR at the disaetion of the Akobolic Revenge Control Board. (13 AA 104.795) read AS 04.16.060, 13 AAC 104. 715 -795 and have intruded my employees about provisions Applicanl(s) a+gndure Application approved (13 AAC 104.725(e) Governing Body Offiicid Date: Director, ABC Board at NOTE AS O4.16.049(c) requires that written parental consent and an axe rtption by the Department of Labor must be provided to the licensee by the employee who is under 19 years of ago. Persons 19 and 20 years of age are not required to have • the consent or exemption. Descrbe how food is served on back of form. £Lj ..uct.j_i OLDS RIVER INN MENU Soups & Stews Chicken & Dumplings Turkey Barley Beef Barley Vegetable Beef Tomato Basil — Tortellini Chicken Bisque Beef Stew Sandwiches served w /Twice Hamburger Cheeseburger Bacon Cheeseburger Grilled Chicken Sandwich Breads Sour cream Muffins Pepper Biscuits Salads Cole Slaw Tossed Green served w/ House Dressing Baked French Fries map 13 AAC 104.725. Dining by persons under the age of 21 (a) Upon application under 13 AAC 104.715 for a designation under AS 04.16.049 (a)(2) or (3), or both, the board will, in its discretion, designate a licensed premises for dining by a person under the age of 21 who is not accompanied by a parent, legal guardian, or spouse who has attained the age of 21, only if it finds that (1) the premises are a bona fide restaurant; (2) there is supervision on the premises adequate to reasonably ensure that a person under the age of 21 will not obtain alcoholic beverages; and (3) it is unlikely persons under the age of 21 will enter and remain on the premises for purposes other than dining. (b) The board will generally presume that the premises are a bona fide restaurant for purposes of (a)(1) of this section if (1) the premises are licensed as a restaurant or eating place; (2) at least 50 percent of the gross revenue of the licensed business is from the sale of food and non - alcoholic beverages; or (3) the premises are a facility at which the patron's primary activity is dining. (c) For purposes of (a)(3) of this section, the board generally will presume that premises are unlikely to be entered by persons under the age of 21 other than for purposes of dining if no entertainment other than dining is provided or available. "Entertainment" includes live music, dancing, pool and other table games, sports, pinball, and video games. (d) The presumptions in (b) and (c) of this section are neither conclusive nor exclusive. The board will, in its discretion, fmd that premises that satisfy the presumptions are not a bona fide restaurant or do not provide adequate supervision. The board will, in its discretion, find that premises not satisfying the presumptions in (b) and (c) of this section are nonetheless a bona fide restaurant with adequate supervision. (e) An application for a new designation of premises under this section will be approved by the board only if it is approved by the local governing body having jurisdiction over the area in which the licensed premises exists. TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. ITEM NO: 13.D.2 SUMMARY: Mr. Jim McCullough submitted the attached letter of resignation from the Monashka Bay Road Service Area Board effective April 1, 2009. KIBC 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when a member: 3. Resigns and the resignation is accepted; C. The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: ie,k RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Jim McCullough for a term to expire October 2010 from the Monashka Bay Road Service Area Board and direct the Borough Clerk to advertise the vacancy per Borough Code. Marylynn McFarland From: Darlene Turner [dariene @asmilingbear.com] Sent: Monday, April 06, 2009 9:49 AM To: Marylynn McFarland Subject: RE: letter of resignation From: McCullough, Jim (DFG) [ mailto :jim.mccullough @alaska.gov] Sent: Wednesday, April 01, 2009 9:40 AM To: darlene@asmilingbear.com Subject: Monashka Bay Road Service District Darlene, I resign my seat on the Monashka Bay Road Service District as of April 1, 2009. I'll be moving off island soon. Jim Mc Darlene J Turner A Smiling Bear Bed and Breakfast darienet asmilinabear.com www.asmilinabear.com 2046 Three Sisters Way Kodiak, Alaska 99615 -7220 907- 481 -6390 From: Marylynn McFarland [mailto:mmcfariand @kodiakak.us] Sent: Monday, April 06, 2009 9:02 AM To: darlene@asmilingbear.com Subject: letter of resignation Darlene, I never received Jim McCullough's letter of resignation. Let me know. PUBLIC RECORDS lAW DISCLOSURE: This e-mail and responses to this e-mail ore subject to provisions of the Alaska Statutes and may be made available to the public upon request. Akrylytw Aderhold, Deputy b* Kodak Is/and Borough 710 NB Bay Rood Kodiak, Alaska 99615 grxikkofffmatfrgagE web sits: w+rw./roG$ *tus 1 y ERROR: ioerror OFFENDING COMMAND: imagemask STACK: -mark- - savelevel- TITLE: Declaring a Seat on the Planning and Zoning Commission Vacant. SUMMARY: Mr. Jascha Zbitnoff submitted the attached letter of resignation from the Planning and Zoning Commission on April 15, 2009, for the term to expire December 31, 2011. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Jascha Zbitnoff for a term to expire December 31, 2011 from the Planning and Zoning Commission and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn From: Nova Javier Sent: Wednesday, April 15, 2009 11:21 AM To: Jessica Kilbom Subject: FW: P &Z Letter of Resignation From: Jascha Zbitnoff [mailto:jaschaz @gci.net] Sent: Tuesday, April 14, 2009 2:48 PM To: Nova Javier Cc: Sheila Smith Subject: P&Z Letter of Resignation Jascha Zbitnoff 1731 Mission Rd Kodiak, AK 99615 April 14, 2009 Kodiak Island Borough Clerks Office and Assembly 710 Mill Bay Road Kodiak, AK 99615 Dear KIB Clerks Office and MB Assembly: It is with regret that I tender my resignation from the Kodiak Island Borough Planning and Zone Commission, effective immediately. Due to personal commitments that have risen since my application I will not be able to serve on the commission. Sincerely, Jascha Zbitnoff 1 `' APR 1 5 2009 ERROR: ioerror OFFENDING COMMAND: imagemask STACK: - mark- - savelevel- TITLE: Confirmation of the Assembly Appointment to the Service Area No. 1 Board. SUMMARY: The Service Area No. 1 Board met on April 14, 2009 to review applications received for the vacant seat term to expire 2010. Mr. Rick Ryser submitted his application to the Service Area No. 1 Board on March 11, 2009 and was the sole applicant. The Board recommends to appoint Mr. Ryser to the vacant seat for a term to expire October 2010. 4.15.040 Vacancies. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2008 REGULAR MEETING A ITEM NO: 13.D.4 RECOMMENDED MOTION: Move to coMirm the Assembly appointment of Mr. Rick Ryser to the Service Area No. 1 Board for a term to expire October 2010. April 15, 2009 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 RE: Recommendation to Service Area No. 1 Board The Service Area No. 1 Board met on Tuesday, April 14, 2009 at KFRC to review applications for the vacant one -year seat. One application was received, that applicant was Rick Ryser. The Board eco ►, T nds appointing Rick Ryser to a one -year seat on the Service Area No. 1 Bo w; e term to expire October 2010. Sincer harlie Lorenson Service Area No. 1 Chair cc: Rick Gifford, KIB Manager Mayor Selby Service Area No. 1 Board 710 Mill Bay Rd Kodiak, AK 99615 Phone: (907) 486 -9343 Fax: (907) 486 -9394 APR 159 BOARD APPLICATION NAME: HOME PHONE: 6 - S , ./9 0 WORK: 6" 3 2 CELL NO: 9 4 }Z - 2 7 5 7 E -MAIL: > G 4, � . STREET ADDRESS: 33 6 S / /C MAILING ADDRESS: "V s S 9 5 LENGTH OF RESIDENCE IN KODIAK: 3 g IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES (9.) ARE YOU A PROPERTY OWNER IN KODIAK? YES (4) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITI S: 4+/+7? ofe Ga/ nc Aqk F,li eGi ra J Ya s/ t- -w a rL 4 n- np li V 4? AfWA OF EXPERTISE /OR EDUCATION: ,���� �y�o� O/s9�Ie Aec, /4 / -e de, — C� / 4'4 vy t off r.�/Q.r I AM INTERESTED IN SERVI NG ON THE FOLLOWING BOARD(S) (List in order of preference) 1. 4 / 2. 3. Signature Voter ID No Verified Applicants Residence; Boroug ) City ( ) Date Appointed: Term Expires on: _ Comments: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL• njavier a@kodiakak.us Documentation: 4. Date A resume or letter of interest may be attached, but is not required. This application will be kept Please retum the application by the advertised deadline. - STAFF USE ONLY - Appoinhnent Letter. Roster Oath of Office: Finandal Disdosure: Y 0 NO (- NO ( ) file for on 2009 KODIAK ISLAND BOROUGH NAME Sharon Lea Adinolfi 566 Perez Way Kodiak AK 99615 Kevin Arndt 2011 486 -9799 539 -2500 kevin.arndtalvcos.com PO Box 2338 486 -5573 486 -6650 Kodiak, AK 99615 (Fax) (Pager) Scott Arndt 2011 481 -3745 486 -3745 486 -0500 sIa3745ta7.vahoo.com PO Box 76 481 -3333 (Pager) Kodiak, AK 99615 (Fax) Charles Lorenson (Chair) 2009 486 -5144 486 -5975 539 -1506 wildiris aaptialaska.net PO Box 3527 Kodiak, AK 99615 Dennis Symmons (Vice Chair) 2010 486 -1045 654 -1045 PO Box 8957 Kodiak, AK 99615 Alan Torres 2746 E. Rezanof Drive Kodiak, AK 99615 Vacant 2010 This board is governed by Kodiak Island Borough Code 4.70 TERM HOME WORK CELL EMAIL PHONE PHONE PHONE 2011 481 -2799 elvis11 gci.net 2009 486 -0217 486 -9345 arii.torres a.vahoo.com MENT 486-9343 wkoning@kodiakak.us 486 -9343 mbarber@kodiakak.us Revision Date: 4/1/2009 Revised by: JK KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING TITLE: Declaring a Seat on the Womens Bay Service Area Board Vacant. SUMMARY: Mr. Craig Breitung submitted the attached letter of resignation from the Womens Bay Service Area Board on April 21, 2009. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when a member: 3. Resigns and the resignation is accepted C. The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA: ITEM NO: 13.D.5 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Craig Breitung for a term to expire October 2010 from the Womens Bay Service Area Board and direct the Borough Clerk to advertise the vacancy per Borough Code. D c- Z (rcs � 4 L.. Ass 4,...,.. b E l k C'CCk. $ L CC GG.Grt. f St e ___twLel .-V6 6,1 t L.4e._ Lic /1/%42'4A-) 6., , r S 1 _ - / 44 (E- Q ? c� ✓'C- _ . �`t c--C- or eb L___ ! Q Y\- L W L ) (e\ x . Oral 4_ cisse-S t�cJ & l ( +ti ✓+-... t ''Cc) ,A.A-k e i., d - 1 . t l lr 0 0 i l - -f APR ' _ 2 12009 D L ,F 1 ERROR: ioerror OFFENDING COMMAND: imagemask STACK: -mark- - savelevel- TITLE: SUMMARY: APPROVAL FOR AGENDA: Alr'r4 Cff KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.D.6 Vacation of the North 10 Foot Portion of a 20 Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th Addition. The petitioner is requesting the vacation of half of the 20` utility easement due to the fact that there are improvements (covered deck and banya) constructed within the easement. The petitioner holds that this easement is of no use to the utility companies which is a fact that was confirmed by those utilities who responded. The Planning and Zoning Commission, at its April 15 regular meeting, agreed with the request and recommends approval of the Assembly based on the following conditions of approval: 1. In accordance with KIBC 16.60.060, a vacation must be forwarded to the Kodiak Island Borough Assembly. For vacations outside of City Limits, for review and approval prior to Final Approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. 3. The petitioner must obtain a zoning compliance permit for the attached, enclosed rear porch, prior to final recording. 4. The petitioner must obtain a building permit and a final inspection report for the attached, enclosed rear porch, prior to recording. 5. The petitioner must relocate the detached banya to a verifiable legal location prior to recording. RECOMMENDED MOTION: Move to approve the vacation of a 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition subject to the five conditions of approval. / .. 310 r 332 p, C. 352 "5 374 9, 394 1 N Current Location P & Z Case # S09 -017 John T. Abell, Sr. Request: A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition OPP HARLEQUIN CURLEW WAY S 3512 Feet 100 200 300 400 500 3406 CT A -1 NITY ISLA 3 451 s N ip a X70 pre 3 4,E Tr" 3 3 3528 516 350 1, 309 RTH ,1DD1 6 331 0 371 370 353 381 380 373 390 395 0 412 1 1 Legend Wdlnd 7th Blk 11 Lt 21 Parcels w Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # S09 -017 John T. Abell, Sr. Request: A vacation, according to KIBC 16.60, of th North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition 438 425 412 426 Wdlnd 7th Blk 11 Lt 21 Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone 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. SUBDIVISION APPLICATION " KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT (INFORMATION Applicant's name: U I{/v 77 j 5 f// SE Applicant's mailing address: Po J3o .,31 City: D1 fi' e State: ff K ZIP: Home phone: W x 7 1 8 6 - 3 P 0 A Work phone: ? 7 4 - 3 If applicable, agent's /surveyor's name: IDRi 1 2LYV LAAf D StA1 L" ,/l/rl (-, Agent's /surveyor's mailing address: Pb ir$23(X `71 City: `v1� t 4" State: Ae ZIP: 97 6 /5 Home phone: Work phone: a — 0 6 �_. u� -.r � � r f 1 PROPERTY INFORMATION Property ID Number /s: £2.2 857/0Al c 3.-Icto 1- iaric Gtr Current legal description: _ O ,_ I it _ /[ 1 L,gvn A('k - P., i /() l ei - of 7 A-AD. V 7 /rW ®i lUI o Fe7 Len LT7 c}el-ii/litiT /Ae�/4)�' n lT�e, Proposed legal description: Lei?"' al EterK 1/ - 77-k k A-4Q STAFF USE ONLY Preliminary plat (up to 12 Lots) KIBC 16.40 Subdivision Fees payable in Cashier's Office = . = siE _ ' R oom # 104 ' ' 1 t: ' 2 'r ,Schedule: °; ?F ve (per KIB Assembly Resolution = 1 pct July 1, 2005) '-0,a `c410 c��rf t�eti� Plat¢ $300.00 lm� r -P �1 == r $350.(x► Nir �dA " $350.001/. Waieer $75M0 Abbreviated plat 16.30 ./ Vacation KIBC 1. L O / Waiver KIBC %.10.50 ` Application re eiver, by: , 41.1.104 04° Staff signature . 2 - q - Date: N:\CD \Templates \ComDev\Forms\F - Revised Subd Application 7_13_05.DOC �� — O t 7 7/13/2005 HA / \ UTILITY EASEMENT-L_ P & Z Case No. S09 -017 April 15, 2009 a) 4 / 6RAVR DRIVE 43•/4• SCOOP CIO . • E0.0 L•45 Z a11TER VALVE Ft 60.00 20.0 ONE STORY WATO 'NAME NOUSE 60.6 /Cr rUTIL /TY EASEMENT--- \ \ LOT 2/ E202 St.'t. \ A ti 1 /4.4 • N89•49'08 "W 90.35 UNLIT! EASEMENT PORT /ON 10 RE VACATE!! MIS PLAT 20 Public Hearing Item VI -A PLAT APPijO\/A{ _Kodiak /s /and Borough Planning and Zminy Commission: Received Approved Chair pats This is to certify the within plat is duly approved in accordance with Kodiak /a /and Boro Municipal Coot this day of ,ZO • Oorough Manager Borough Clark Date Co r.,m fly Date Development Director TAX CRTLFlj'ATF / hereby Certify Thal according ha Ms records of the Kodiak /algnd Oorough, a //'taxes a. sawed and due against said /and and in fOrd" of the Kodiak /s / nd rough are. paid in fu//_ Da had et Mod /ek,A /aaka, Yhis_day o /ra'c%k /a /and Borough Clark PilaiMi ARY owt We h rho.. of f Inn WAD Jut Iw,• Jut L Cub Sah f wd Asp, this asps •Dial ens lase Rag PREPARED FOR HORIZON LANG SURmEYINO DATE: TO: FROM: SUBJ: CASE: APPLICANT: REQUEST: Case S09 -017 /Staff Rpt MEMORANDUM March 18, 2009 Planning and Zoning Commission Community Development Department Information for the April 18, 2009 Regular Meeting S09 - 017 Public Hearing Item VI -A John T. Abell, Sr. Request: A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition. LOCATION: 3490 Harlequin Ct. ZONING: R -2 Two Family Residential Zoning District Eighty nine (89) public hearing notices were mailed on March 13, 2009. 1. Minimum lot size: Compliance: 2. Minimum lot width: Compliance: 3. Existing land use(s): 4. Existing structures on the property: Compliance with setbacks: Compliance with other zoning regulations: Encroachments: 5. Topography: Provides good building sites: Provides good parking areas: Allows driveway construction to meet maximum slope requirement: 6. Physical Features: Wetlands, streams, drainage courses: Need for driveway /access restrictions: Adequate line of sight: Adequate access for additional traffic volume: 7,200 Square Feet Yes 60 Feet Yes Duplex Yes Duplex No No (See Comments) No Level Yes Yes Yes N/A N/A N/A N/A Page 1 of 5 P & Z: April 15, 2009 Public Hearing Item VI -A Adequate access from a safety standpoint: N/A Neighborhood character: Medium Density Residential Double frontage lots: N/A Flag lots: N/A Adequate access for fire apparatus: N/A Utility installation meets Title 13: N/A Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Yes APPLICABLE CODE PROVISIONS Per Kodiak Island Borough Code 16.20.100 Easement. An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. Per Kodiak Island Borough Code 16.20.260 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.20.160 Plat. A map or chart of a surveyed subdivision of land. A. Sketch. An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing features of a site and its surroundings and the general layout of a proposed subdivision. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Case S09- 017 /Staff Rpt Page 2 of 5 P & Z: April 15, 2009 Per Kodiak Island Borough Code 16.60.060 — Additional Approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under section 16.90.010 of this title. Per Kodiak Island Borough Code 17.03.010 Application of provisions. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.03.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.03.030 Alteration or erection of structures. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. 17.03.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code 303(d) and (e), as currently adopted under section 15.02.020 of this code). If 11 Case S09 -017 /Staff Rpt Public Hearing Item VI -A Page 3 of 5 P & Z: April 15, 2009 COASTAL MANAGEMENT APPLICABLE POLICIES The KIBCMP does not address minor boundary changes to existing lots and rights -of- way. Alaska Communications Systems — Engineering Dept. City of Kodiak — Building Officials City of Kodiak — Public Works Dept. Fire Marshall GCI Cable, Inc. Kodiak Island Borough Parks & Recreation Committee Kodiak electric Association — Engineering Dept. Comment 3/19/09 "KEA has no objection ". The petitioner has requested the vacation of a 10 foot wide portion of a 20 foot utility easement along the south (rear) lot line for Lot 21, Block 13, Woodland Acres Subdivision, 7 Addition. The petitioner has not submitted "A written statement containing reasons in support of the vacation" as required per Kodiak Island Borough Code 16.60.030 A. However, the petitioner has returned a public notice with written commentary. One statement of that commentary asserts "Several other properties on this easement have been vacated ". Staff has been unable to verify this statement through a plat and case search. Case S09 -017 /Staff Rpt REVIEW AGENCY COMMENTS STAFF COMMENTS Public Hearing Item VI -A Page 4 of 5 P & Z: April 15, 2009 KIBC 16.60 requires the Commission to presume that the (proposed) vacation area has value to the public unless the petitioner documents otherwise. The commission may request additional information of the petitioner if it feels that additional information is required to supplement the record for this case. The preliminary plat submitted with the vacation request depicts two unpermitted improvements constructed in the rear portion of the lot. At least one, the detached banya, appears to violate the side -yard setback requirement. Appropriate conditions of approval are recommended below in order to rectify these discrepancies. Staff recommends preliminary approval, of the vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition, subject to appropriate conditions of approval. APPROPRIATE MOTION Move to grant preliminary approval of a vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7th Addition, subject to five (5) conditions of approval, and to adopt the findings in the staff report dated March 18, 2009 as findings of fact for Case No. S09- 017. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to Final Approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. 3. The petitioner must obtain zoning compliance for the attached, enclosed rear porch, prior to final recording. 4. The petitioner must obtain a building permit and a final inspection report for the attached, enclosed rear porch, prior to recording. 5. The petitioner must relocate the detached banya to a verifiable legal location prior to recording. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. Case S09 -017 /Staff Rpt RECOMMENDATION Public Hearing Item VI -A Page 5 of 5 P & Z: April 15, 2009 P & Z Case No. S09 -017 April 15, 2009 Public Hearing Item VI -A Enclosed porch constructed w/o permits S09 -017 Staff Rpt I Detached banya I--- Appendix page 1 of 1 Kodiak Box187r:. a(ODIAK,,ALASKA 99615 -0787 March 19, 2009 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plat sent to us for review under your cover letter dated March 13, 2009: Case S09 -017. Request a vacation of the north 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition. KEA has no objection. Thanks for the opportunity to comment. Sincerely, Jim Devlin Engineering Manager Kib 031909.wpd t MAR 232009 COMMUNITY DEVELOPMENT DART- -j T MAR.07.2032 14:13 7\576. is hearing will be held on Wednesday, April 15, 2009. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: KFDADMIN KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill IJay Road, Kodiak, Alaska 99615 Public h earing Item V1 -A PUBLIC HEARING NOTICE S09 -017 John T. Abell Sr. Horizon Land Surveying A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition 3490 Harlequin Court R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development 17epartment prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 4811 -9396. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -RO0 -478 -5736. One week prior to the regular meeting, on Wednesday, April R, 2009, a work session will be held at 7 :30 p.m. in the Kodiak island Borough Conference Room (N121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. N � ?,�p�v / Your Zimmer :1 13; i I,, $ _ Mailing Address: 3.3 `! ` 1 /4..,rl (-1- Your propcstydacri qua: . +N lc � ,1, 1 p d ( , �. r..i• c. 1 J. comments: r 11 ,J ,f 5 1 I r l� r� `, S 4 ) V ,ti inn ��• C ✓1 J 1 1 1' 4 b E I O v 0. L e- A 11 ' .�Yorect S. A de ci.3 rca� 1- LQ CUw, ✓+.,,trio c- ; �l ,r• ('4. 11 ii � r Ia�el�a ie.rhtJ %... - "T a .e • e r #0478 P.002 /002 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 • PUBLIC HEARING NOTICE Public t3eari, Item V1-A . CE A public hearing will be held on Wednesday, April i1 2009. The meeting will begin 7:30' p.m. in the Borough Assembly Chambers, 7I0 Mill Bay Road, Kodiak, . Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE:. S09 -017 APPLICANT: John T. Abell Sr. AGENT: Horizon Land Surveying REQUEST: A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition LOCATION: 3490 Harlequin Court ZONING: • R2 - Two Family Residential This notice is being sent to you because our records indicate you are a property owner /juterestcd party in the area of the request. If you do not wish to testify verbally, you may provide your conuneats in the space below, or in a letter to the Connnunity Development Department urlor to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would Ilke to testify via telephone, please call in your comments during the appropriate public hearinng section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 47&5736. One week prior to the regular meeting, on Wednesday, April 8, 2009, a work session will be held at 7:30 pm. in the Kodiak Island 13orougb Conference Room #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if 'you disagree with the Commission's decision on this request. If you bave any questions about the hest or your appeal rights, please feel free to call us at 486 -9363. Your Name: J 1 � Mafuss Address: IQL V 1 S 1 ? (' 1 tid y Your property deacdptlou 3d Coin ,en*,: U44L4r nilr n Lo x 1a r.Tl i -017'' 4•u -. 62.4s - IA/ . ram, I E4i, (1 � � it D►,�F w,aT i ►+ r�sL! PwP�T, L MAR . 1 9 ZUU9 CR 1 '7774MUNITY DEVELOPMENT DEPAR MW J • This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, April 8, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 9363._ Your Name: . 4 i 42 / Mailing Address: Po -f? . ci Your property descri ' • / , _ C on: 1/' r `� Qp �y (� a r r Comments: / A /� `f' -e -� /(,� f e ( / ( / !7 i/ f 'e,s (J 1/t ~ it. ( � S1 °e g..f -`�Q Act ✓ -C�. - l , a (.7 v 41, 1 / c , - �"` j S �,. e. � �? f I/ ' � -e C L ., A I t7 k. L a -e , A 19n.t. ti a j (1 r -e . Y � Y � ! a ( r SC S' D ....S 44 0d Y'd x 7 wr .01-i ofrivi CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 15, 2009. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: S09 -017 John T. Abell Sr. Horizon Land Surveying A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition 3490 Harlequin Court R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, April 8, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. r Your Name: 1 1 -, - 4 C" a >. ;1, 1 ( Mailing Address: ) '/ `/ /fLar i' Your property description: 1) ,,' t - x Comments: IT da r HO 4 lit Ah ° e/_ f'! M- , CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 15, 2009. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: S09 -017 John T. Abell Sr. Horizon Land Surveying A vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition 3190 Harlequin Court R2 -Two Family Residential Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Torres X Ms. Vickstrom X Mr. Zbitnoff X April 15, 2009 Kodiak Island Borough Planning & Zoning Commission Minutes Assembly Chambers CALL TO ORDER CHAIR KING called to order the April 15, 2009 Planning and Zoning Commission regular meeting at 7:30 p.m. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the April 15, 2009 Planning & Zoning agenda Voice vote on motion CARRIED 6 -0 APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the March 18, 2009 Planning & Zoning Meeting Minutes. Voice vote on motion CARRIED 6 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Barry Still encouraged the commission to accept the documents as presented for Case S06 - 012, and he stated there are other roads in the borough that don't have the requirements placed on them like the borough attorney suggests. He stated the documents submitted meet the current codes to his and his attorney's knowledge, and there is nothing in the code that requires what's being requested. He feels if staff wants these kinds of requirements in the code then they should be put in the code. PUBLIC HEARINGS A) Case S09 -017. Request vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7 Addition. Cassidy reported the applicant constructed a covered deck and banya in the easement and he's requesting to vacate half of that easement. Cassidy said easements are normally 20 foot easements with 10 feet on each side of the property. Because there has been no concerns with the utilities staff is recommending the vacation be approved subject to a number of conditions of approval. Staff recommends preliminary approval of the vacation subject to appropriate conditions of approval. COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7th Addition, subject to five (5) conditions of approval, and to adopt the findings in the staff report dated March 18, 2009 as findings of fact for Case No. S09- 017. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to Final Approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. 3. The petitioner must obtain zoning compliance for the attached, enclosed rear porch, prior to final recording. 4. The petitioner must obtain a building permit and a final inspection report for the attached, enclosed rear porch, prior to recording. 5. The petitioner must relocate the detached banya to a verifiable legal location prior to recording. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. Roll call vote on motion CARRIED 6 -0. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 7, 2009 REGULAR MEETING ITEM NO: 13.D.7 TITLE: Assembly Approval of a Vacation to Allow a Reduction in Width for an Existing 50 -foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, Essentially Creating a 50- foot Buffer Area Along Both Sides of Panamaroff Creek, to be Reduced in Width to 20- feet on Both Sides of Panamaroff Creek, a Reduction of 30 Feet on Both Sides of the Creek. (Lots 1, 2, and 3 of Panamaroff Creek Estates.) SUMMARY: The Planning and Zoning Commission held a public hearing on this request at its February 25, 2009 regular meeting and postponed action until March 18, 2009. ADF &G objected to the full extent of the proposed vacation and although the USACOE initially supported the proposal, they subsequently withdrew support for the request in favor of a compromise solution. The case was postponed for the purpose of obtaining additional information from the Alaska Department of Fish & Game (ADF &G) and the U.S. Army Corps of Engineers (USACOE). The case was re -heard at the Commission's March 18 regular meeting, however no new information was available for review at that time and the case was postponed until the April 15, 2009 regular meeting. At the April 15, 2009, a compromise vacation was approved which allowed for a new building footprint on Lot 3 which would be allowed a maximum encroachment (vacation) of 15 feet along the edge of the new building footprint. This was approved by both ADF &G and USACOE in writing. The Commission did not approve the vacation as originally requested above, but did approve a portion of the vacation (up to 15 feet on Lot 3) as depicted on the revised site plan submitted by the petitioner. In making this decision the Commission has deferred to the agencies with the technical expertise and jurisdiction over wetlands and anadromous stream habitat. Copies of the staff report and the minutes from the April 15, 2009 meeting are attached for Assembly Review. In addition, any additional information available in the file for this case may be made available to the Assembly upon request. APPROVAL FOR AGENDA: die z RECOMMENDED MOTION: Move to approval a partial vacation of the Panamaroff Creek "Easement for Salmon Stream" up to a maximum of 15 feet on Lot 3, Panamaroff Creek Subdivision as depicted on the map approved by the Planning and Zoning Commission at its April 15, 2009 regular meeting. MEMORANDUM DATE: April 6, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the April 15, 2009 Regular Meeting CASE: S09 -014 Public Hearing Item VI -B APPLICANT: Ed Gondek AGENT: Chris Lynch REQUEST: A vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. LOCATION: Lots 1, 2 and 3, Panamaroff Creek Estates; 983, 995, and 1059 Panamaroff Creek Drive. ZONING: RR1- Single- family Residential Fourteen (14) public hearing notices were mailed on January 2, 2009. This case was postponed from the February 25 regular meeting in order to allow additional time for the petitioner to work with the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game in order to explore the possibility of an acceptable compromise that does not involve reducing the entire 50 -foot wide salmon stream easement. There was no new information to report at the March 18, 2009 regular meeting and the case was postponed once more to the April 15' 2009, regular meeting. The property owner's representative is working with both the U.S. Army Corps of Engineers (USACOE) and the Alaska Department of Fish & Game, Habitat Division (ADF &G). The two regulatory agencies are coordinating and it appears that a compromise is being worked out amongst the two agencies and the land owner. An ADF &G staff person performed a site visit with the owner's representative and borough staff present. The attached documents show a concept of the compromise that was discussed in the field. The drawing shows a larger building pad located on Lot 3 which would encroach 15 feet into a portion of the stream buffer as noted on the drawing. In the field at least it sounded like the ADF &G and land owner had reached a compromise. We are still awaiting confirmation in writing by both ADF &G and USACOE, however, assuming that the written approval is issued as expected, borough staff recommends that the Commission defer to the agencies in their area of expertise. Case S09- 014 /Supplemental Staff Report Page 1 of 2 P & Z: April 15, 2009 Public Hearing Item VI -B USACOE apparently would not consider any reduction or changes for Lots 1 and 2 of the subdivision so that the only relief currently offered to the property owner is as depicted on the attached site plan. RECOMMENDATION Staff recommends that this vacation be approved in part, subject to written approval by the relevant resource agencies ADF &G and USACOE. APPROPRIATE MOTION Move to grant a vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek, subject to the conditions of approval contained in the staff report dated April 6, 2009, and to adopt the findings in said staff report as "Findings of Fact" for this case. Conditions of Approval 1. Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish & Game, Habitat Division, the requested vacation as stated in the original motion is reduced to a 15 foot vacation of the salmon stream buffer as conceptually depicted for the revised 100 by 95 foot building footprint shown for Lot 3 of the subdivision, subject to confirmation of the approval of said vacation compromise by both resource agencies. Finding of Fact 1. The land owner has worked diligently with both the U.S. Army Corps of Engineers and the Alaska Department of Fish & Game Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the land owner's representative. This represents a considerable compromise on the part of the land owner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of this compromise in writing, when that confirmation is received it will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of anadromous fish species and the environment and habitat they rely upon. Case S09- 014 /Supplemental Staff Report Page 2 of 2 P & Z: April 15, 2009 Duane Dvorak From: Chris Lynch [chrislynch @acsalaska.net] Sent: Monday, April 06, 2009 11:25 AM To: 'Frost, William D (DFG)' Cc: Bud Cassidy; Duane Dvorak; 'Budnik, Roberta K POA' Subject: Tract 0 Easement Attachments: scan0002.pdf Hey, The attached scans show what we discussed on Friday at the site. The first page is the old permit survey with the existing buildings so you have a general perspective of layout. The second page is a 110 x 95 foot building pad with a request for the 50 foot easement to be reduced to 35 feet. That would make 1700 sf of building pad in the existing 50 foot easement. Let me know if you need any other info. Thank you. Chris Lynch 1 Original Plat Layout of Bldg. Sites 4 TOTAL AWE" = 9.34 TOTAL WE?LANG'6 = 3.30 AG. A _ C.,.,I.I. \r 1 fr&71ANO AWNA4Rr /WPM W AP Jl1R ASINCT /ONAL Pk RM /Ngri4N MAP ^7 ti h �� • ;�� — , i' ACRES PAM APO Comprpmis+e. Vaca`:tipn Request discussed; :in . . the: field with- DR &G staff on April & 2009 t- ?.4 G = 20427 20 .. • REPLY TO ATTENTION OF: Regulatory Division POA- 2004 -1228 Mr. Ed Gondek Post Office Box 1412 Kodiak, Alaska 99615 -1412 Dear Mr. Gondek: DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA REGULATORY DIVISION P.O. BOX 6898 ELMENDORF AFB, ALASKA 99506 -0898 APR 1 5 2009 This letter is in response to the State of Alaska Department of Fish and Game's (ADFG) April 10, 2009, letter copied to our office concerning the buffer around Panamaroff Creek on your project site. The project site is located within Section 1, T. 29 S., R. 21 W., Seward Meridian; USGS Quad Map Kodiak C -2; Latitude 52.6970 ° N, Longitude - 152.5740 ° W; near Kodiak, Alaska. The United States Army Corps of Engineers (the Corps) concurs with the agreement between you, the applicant, and ADFG to decrease the size of the buffer in Lot 3 by 15 feet on the side where the proposed building pad would be located. Also, agreed upon was that the buffer would remain 50 feet wide on both sides of the creek for the remainder of Panamaroff Creek Estates subdivision. No Corps action is necessary at this time. You may contact me via email at roberta.k.budnik @usace.army.mil, by mail at the address above, by phone at (907) 753 -2785, or toll free from within Alaska at (800) 478 -2712, if you have questions. For additional information about our Regulatory Program, visit our web site at www.poa.usace.army.mil /reg. Sincerely, --- .0-r-A-*21/45:4( • v4A:-6 Roberta K. Budnik Regulatory Specialist Staff recommends preliminary approval of the vacation subject to appropriate conditions of approval. COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7` Addition, subject to five (5) conditions of approval, and to adopt the findings in the staff report dated March 18, 2009 as findings of fact for Case No. S09- 017. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to Final Approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. 3. The petitioner must obtain zoning compliance for the attached, enclosed rear porch, prior to final recording. 4. The petitioner must obtain a building permit and a final inspection report for the attached, enclosed rear porch, prior to recording. 5. The petitioner must relocate the detached banya to a verifiable legal location prior to recording. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. Roll call vote on motion CARRIED 6 -0. B) Case , S09 -014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 -feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy stated they have been waiting for a letter from the Corp of Engineers or Fish & Game. We have received the Corp, Fish & Game, and the applicant's agreement stating they have agreed to not reduce the easement on both sides, and only reduce the southern part of the easement by 15 feet. Staff recommends approval. Cassidy also said Parks & Rec met last night and made a motion to recommend to the Planning & Zoning Commission that the Parks & Rec Committee is not comfortable with the easement as requested in the notification and recommends the commission defer to the ADF&G and Corp of Engineers in this issue. VICE CHAIR WATKINS inquired if Parks & Rec received this letter. April 15, 2009 P&Z Minutes Page 2 of 6 Cassidy stated they didn't see the letter. Cassidy said the state statute that refers to the 50 foot buffer is a management area so the authorities, Fish & Game, has the authority within that management area to make the kind of compromises that has come about. VICE CHAIR WATKINS MOVED to grant a vacation, according to KIBC 16.60, to allow a reduction in the width of an existing 50 foot "Easement for Salmon stream" along the South bank of Panamaroff Creek, to be reduced in width to 35 feet in the area of the building site as displayed on a map depicting the 100 x 95 foot building site and labeled with the title "Compromise Vacation request discussed in the field with ADF&G staff on April 3, 2009." Close regular meeting: Open public hearing: Chris Lynch, applicant's agent, spoke in support of the motion made. Close public hearing: Open regular meeting: Commission discussion. VICE CHAIR WATKINS MOVED TO AMEND the motion adding subject to conditions of approval contained in the staff report dated April 6, 2009 and to adopt the findings in said staff report as Findings of Fact for this case. CONDITIONS OF APPROVAL 1. Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish & Game, Habitat Division, the requested vacation as stated in the original motion is reduced to a 15 foot vacation of the salmon stream buffer as conceptually depicted for the revised 100 by 95 foot building footprint shown for Lot 3 of the subdivision, subject to confirmation of the approval of said vacation compromise by both resource agencies. FINDING OF FACT 1. The land owner has worked diligently with both the U.S. Army Corps of Engineers and the Alaska Department of Fish & Game Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the land owner's representative. This represents a considerable compromise on the part of the land owner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of this compromise in writing, when that confirmation is received it will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of anadromous fish species and the environment and habitat they rely upon. Roll call vote on amended motion CARRIED 6 -0. Roll call vote on main motion as amended CARRIED 6 - 0. OLD BUSINESS A) Case S06 -012. Request a review of draft covenants, according to KIBC 16.40.070 and 16.40.080 relating to the creation of a private road to serve Seaview Estates Subdivision, Lots 1 -11 and Tract A. The location is Lot 29A, U.S. Survey 2539, and it is zoned RRl -Rural Residential One. The applicant is the Vulcan Company. Staff stated the legal documents you are looking at makes it clear to future land owners what they are getting into in regards to what percentages of costs associated with operations and maintenance of that road will be. We sent the language to the borough attorney who had some Apri115, 2009 P&Z Minutes Page 3 of 6 KODIAK ISLAND BOROUGH Community Development Department Bud Cassidy, Director MEMORANDUM DATE: April 1, 2009 TO: Borough Assembly THRU: Rick Gifford, Borough Manager p FROM: Bud Cassidy, Director, Community Development Department SUBJ: Item for the May 7, 2009 Assembly Meeting RE: Case 09 -012 A rezone investigation, according to KIBC 17.205.030.C, (Manner of Initiation) and KIBC 17.85 and KIBC 17.75, to consider the rezone of Lot 10A -2, U.S. Survey 3099, from R1- Single- family Residential to R3- Multi- family Residential. (Jon Stratman) I. Introduction The Planning Commission reviewed the above case at their February meeting and recommended against rezoning this parcel from R1- Single Family to R -3 Multi - Family Residential. The basis for the denial can be found in their adopted findings of fact which are their specific reasons for not approving the request. These findings state: Finding as to the need and justification for a change or amendment [1] There is no need or justification for a rezoning of this parcel to R3- Multi - family residential in this case as the parcel in question is located adjacent to other RI- Single Family residential zoning district parcels. [2] There are other vacant and appropriately zoned parcels in the community that can meet the needs expressed in this request. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to R -3 Multi - family residential though not inconsistent with the recently adopted comprehensive plan that identifies this area for residential, it is inconsistent with the desire to separate incompatible residential uses, specifically the need to separate multifamily residential use from single family residential use. Recommendation as to the approval of disapproval of the change or amendment It is recommended that the request for rezoning of the parcel in this request be disapproved. 11. aorough Code Requirements KIBC 17.205.020 Report from planning and zoning commission governs this action. This section states: The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Finding as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval of disapproval of the change or amendment. ID. Assembly Action Because a decision on a rezone case by the Commission is advisory only, and the commission is not recommending approval of this request, the Assembly has the option to accept the recommendation of the commission or decide to take further action on the case by bringing it up for public hearing. Under borough code, the applicant has the right to request the review of the commission's decision by elevating the request to the Assembly. In this case, the applicant has chosen not to exercise this right. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: t'l(�,ti 1, 9b? Please PRINT your name Please PRINT your name Sxrte- `Buck' 1 1,,. fiVe (a-3 - 4 7 41/9 Mayor Selby ___Z The mayor may not v9te except in the case where only six members of the assembly are present and there is a 3hree /three tie vote of the assembly. TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson I Ol/ , ._. cn W m 75 O o s S tSSI< 1 YES 1 NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N CO 0 75 0 z -a . ° L -- YES NO Mayor Selby TOTAL: IEIR VOTE? V . Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Bransor* C '>' .s. (1) co m z z q t, i "S,'S S YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn W m -5 0 F5 c g Y ES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp qp. Mr. Friend Ms. Branson - 7\ l c' D c `.i. cn m 75 o z G Z .. s 'S 'S \ \ 's YES 0 I NO I 0 0 m 0 0. 3 CD 0 m 1 v 0 1 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Mayor Selby The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson 0 W m 75 0 —r- z G �I %.._ 0 YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N W 0 ��nn m 75 0 Vp Z v Z c4 YES 0 NO Mayor Selby TOTAL: IEIR VOTE? V Ms. Stutes Ms. Lynch ae Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn W m 0 9-; % z `� o v cio -- , , .P. i * YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn co ...e=5 m -< • 0 ,3 :' z Q,,.--qz v _a .'\c \s \ YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson c1 W m 'C 0 0 9 v - 'S k . __c_..) -3 \ \ 'S \ s YES NO a 0 • 3 m a 0 v m O 133HS 11V3 1101:1 A181A13SSV H91101:108 Kodiak Island Borough Assembly Regular Meeting Guidelines May 7, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. 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. Summary of Consent Agenda Items: * Regular Meeting Minutes of March 19 and April 2, 2009. * Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. * Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. * State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). °* Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. * Declaring a Seat on the Planning and Zoning Commission Vacant. * Declaring a Seat on the Womens Bay Service Area Board Vacant. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of March 19 and April 2, 2009. Kodiak Island Borough Assembly Guidelines May 7, 2009 Page 1 6. AWARDS AND PRESENTATIONS A. Student of the Month - Tuck Van Matre, Senior at KHS B. Employee of the Quarter — Eli Deardurff, Accounting Tech /AP, Finance Department C. Longevity Awards — Jeff Johnson, Baler Operation II, 10 Years; and Marylynn McFarland, Deputy Clerk, 10 Years D. Emergency Medical Services Proclamation — Dave Conrad, Womens Bay Fire Dept. E. Municipal Clerks' Week Proclamation — Clerk Nova Javier F. Honoring Older Americans Month Proclamation — Gretchen Saupe G. Safe Boating Week Proclamation — Alan Morris H. Silver Star Banner Proclamation 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. Recommended motion: Move to adopt Ordinance No. FY2009 -19. Staff report — Clerk Javier 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 three 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. Contracts 1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. Recommended motion: Move to authorize the Manager to execute Contract No. FY2009 -17 with Wolverine Construction of Wasilla, Alaska for the East Elementary Heating and Ventilation Upgrades and Window Replacement in an Amount Not to Exceed $543,123. Kodiak Island Borough Assembly Guidelines May 7, 2009 Page 2 Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. *Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. 3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. Recommended motion: Move to authorize the Manager to execute Contract No. FY2006 -39C with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a unit cost contract for the period of July 1, 2009 to June 30, 2010. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. *Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. C. Ordinances for Introduction 1. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single Family Residential To B- Business (P &Z Case 09- 014). Recommended motion: Move to adopt Ordinance No. FY2009 -20 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. *State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). 2. *Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. Kodiak Island Borough Assembly Guidelines May 7, 2009 Page 3 3. *Declaring a Seat on the Planning and Zoning Commission Vacant. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. Recommended motion: Move to confirm the Assembly appointment of Mr. Rick Ryser to the Service Area No. 1 Board for a term to expire October 2010. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 5. *Declaring a Seat on the Womens Bay Service Area Board Vacant. 6. Assembly Approval of the Vacation in Accordance With KIBC 16.60.060 of the North 10 Foot Portion of a 20 Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th Addition. Recommended motion: Move to approve the vacation of a 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition subject to the five conditions of approval. Staff Report — Manager Gifford ROLL CALL VOTE ON MOTION. 7. Assembly Approval of a Vacation in Accordance With KIBC 16.60.060 to Allow a Reduction in Width for an Existing 50 foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, Essentially Creating a 50 foot Buffer Area Along Both Sides of Panamaroff Creek, to be Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek, a Reduction of 30 Feet on Both Sides of the Creek (Lots 1, 2, and 3 of Panamaroff Creek Estates). Recommended motion: Move to approve a partial vacation of an "easement for salmon stream" up to a maximum of 15 feet on Lot 3, Panamaroff Creek Subdivision as depicted on the map approved by the Planning and Zoning Commission at its April 15, 2009 regular meeting. Staff Report — Manager Gifford ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines May 7, 2009 Page 4 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly will meet in a work session on Thursday, May 14, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 21, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 7, 2009 Page 5 A. CaII to Order The Chair called the meeting to order at 5:30 pm. B. Roll Call Minutes Architectural Review Board Meeting February 25, 2009 KIB Conference Room C. Approval of Agenda GH made a motion to approve the agenda. PM seconded the motion. Roll call vote was unanimous. D. Approval of Minutes GH motioned to approve the minutes of 1/28/09 as submitted. PM seconded the motion. Roll call vote was unanimous. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 1 of 9 MAR 2 6 2009 ARB Members present were Scott Arndt, Gregg Hacker, Jerroll Friend and Peter Malley. A quorum was established. Also present were Woody Koning, Ken Smith and Jessica Wolfe representing the KIB; Tony Yorba, Jensen Yorba Lott, Inc. E. 95% Review East Elementary Windows /HVAC SA turned the discussion over to TY. TY The report developed on the cost of adding roof top vents showed that this will be cost prohibitive. It was then decided to add the existing CAB unit vents to the window project. This project includes replacement of windows on outside wall; new windows will be of reduced size with operable lights; windows will be vinyl, one opening per classroom. The durability of slider windows offset the extra air infiltration. SA asked for clarification on window size and what advantage there was to using 6 foot versus 5 foot. TY this will cut down on the framing costs to fill the existing hole. SA small windows are very expensive. PM said that slider should be kept small. He also commented that it is necessary to keep as much natural Tight as possible. JF asked about the U Factor? He suggested that we go with a window with a .30 U Factor. TY agreed with JF. JF discussed not caulking the complete bottom of the slider window due to the fact that all windows leak and this allows for drainage and helps alleviate rot problems in the sill. TY I will add an isometric detail that will show that. SA What about an additive alternate for pricing out triple pane? TY I can't see that that would be cost effective. SA What brand of windows are you looking at? TY Something generic. Alpine, CertainTeed or Milguard JF I didn't see anything adding low expanding foam after the installation TY I'll add that. TY As far as I can tell these windows seldom, if ever, get water on them due to the overhang. There is significant dry rot under the windows on the addition wing. Those are more exposed to water. We are looking at adding those windows to this project. JF I see that the trim is painted 1 x 4? TY That's to match the existing. SA Are you spec'ing out cedar? TY Dougfir JF Maybe cement board? SA I've had good luck with spruce /fir. WK Not cedar! Our best bet would be shop primed lumber; kiln dried, primed on 6 sides, delivered. TY Spec. section 09912 should be the paint specs. I will specify shop primed. SA Will there be siding work to do to replace these windows? TY No, not on the sides. The panels below will have to be removed for the louvers. JF Didn't Mike Sweeney have to do a lot of rot repair the last time he painted the building? SA Yes, he did. KS the windows we're adding will have siding that will need to be replaced. WK Do the remainder of the classrooms that are not in the project have the same windows? GH No, but we didn't look at them. TY The windows on grid line 20 are all steamed up and the seals are gone. We'll check the rest of them tomorrow. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 2 of 9 TY We did check on the roof and I don't see that the water damage to the windows is coming from the roof. GH The gutter on the roof is bad. TY It's a 15 year old EPDM roof. Adhesives are in acceptable condition. The seams are starting to crack at the overlaps. I found a few soft spots where water is getting in and on active leak. The gutter is a bad configuration. The mansard on the raised area, I've never seen anything like that before. There are some roof issues, but nothing that has to be done now. It should be put on the list to be done within four years or so. You should put it on the CIP list. GH The last work done was in 1994. The whole roof on the original building was replaced. TY M001 shows the typical unit. GH Should there be protection put around it? GH Is the information about horsepower and cfm a typo? It needs to be checked because of the new electrical panel connection. TY do you want to do the bathroom fans? GH I'll get with you tomorrow about that. TY M201 new installation, there's a problem with the layout of the circuits. There's a conflict between what's on the panel and what's on the electrical schedule. I'll have the engineer fix that. KS The load calculations list UV1 twice. TY I'll have the engineer fix that. GH The amp draw is matching with the lower horsepower unit. TY I'll have the engineer check on that. GH In specification 15510 -5 it speaks to flushing and refilling with glycol. It's not a glycol system. It's just treated domestic water. The filter units are a MERV7. We think that's a HEPA which we don't need. GH We need to see if TRAN units are designed for glycol or water. Do the louvers "fail" to closed position? TY I'II check on that. SA We're replacing the actuators on dampers on the roof? GH There will be two systems. SA Are we moving towards standardizing? GH Not really. SA What's the budget for this? KS $137,000 for the seismic and $250,000 for the HVAC. WK The rotten windows seem more important. SA I was just wondering if there would be enough money to do all the unit heaters. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 3of9 KS How will we price the rot? Unit prices? TY I'II try to spec it out in detail. SA What was the estimated cost for the original scope? TY I don't remember. KS $137,000 SA It seems like we should put the rest of the windows in as an additive alternate in case there's enough money. KS/WK That's a good idea. JF What kind of insulation? TY Fiberglass batt. I'll show it on the details on A1302. JF I suggest R13 high density instead of R11 regular fiberglass. TY I'll also change to friction fixture. WK What about this cutting and patching of carpet? TY I assumed you had some extra carpet. GH No we don't. TY We took some ACM samples for testing. We're waiting for the results. WK Is there a way to nail that down? GH It should be in the HERA report. TY There were other sealants. Some of the sealants at KMS had ACM. We might need to test the sealant on the windows. WK What condition is the carpet in? GH It's pretty bad. SA It's carpet over VCT /ACM. JF What about 1 /4" plywood with vinyl over it? TY I'll look and take measurements of the existing heaters and see what we can do. SA Can you have these things done by next Wednesday? TY Yes I can. SA I would feel more comfortable approving a 95% design with these corrections made. TY OK, I'll do it. F. Old Harbor 65% drawings 6:50 pm Old Harbor 65% TY There's a 2000 gallon oil tank that's scheduled for removal. A shed to be demolished. SA Change from slab to shop and remove basketball court. TY At the backside of the gym there's a drainage issue. The manhole is a storm water lift station that drains under the building and off site. I need to show where it goes. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 4 of 9 KS It goes into the berm in the back. TY We'll re -grade the back of the building and add a catch basin. WK It shows removing the old tank. Can we decommission it in place instead of removing? PM It would be much better to leave in place and a lot cheaper. TY A100a shows a new catch basin and culvert to the existing manhole. SA If it freezes where would the water go? TY It would pond in the same spot. I could possibly change the slope of the drain. I could put a heat trace on it to keep it thawed. It's four foot right now. WK What's the expense of heat tape? SA A lot. TY The shop is a slab on grade with a ramp leading out to 3 Saints Ave. We will be gutting the VocEd room and the toilet rooms. The operable partition and floor in the gym will be removed along with the overhead track. The gym floor has two layers of underlayment. The subfloor will be removed down to the original subfloor to get a good substrate then add new underlayment and new sheet floor. JF Do you use the expanding foam before putting the underlayment down? It's a drywall subfloor adhesive called ProFoam. It's an expanding foam adhesive. SA How would you get full adhesion on a sheet of plywood. PM It works really well. When it compresses it fills the gaps. JF It won't come apart. TY Maybe we shouldn't use it then. GH I remember two layers of carpet, not one layer of vinyl and one layer of carpet. TY I'll have to check that. There is ACM in the shop only. The floor will be mondo- synthetic the same as North Star. It will be a sole source manufacturer for the gym flooring. TY We will demo the existing vestibule. Detail #3 is an aluminum vet for the existing crawlspace. I'll make sure it is replaced elsewhere for the crawlspace ventilation. I'm going to remove the wooden decking outside and overlay with plywood. Al 02 Shows the existing fan room with mechanical equipment to be removed and doors to be taken out. We are not re -using the mechanical equipment. The specs describe re -using mechanical equipment, I'll have that fixed. The specs describe the demolition and disposal in Division 1. The CAM will need to come back to the landfill in Kodiak. SA I see one existing flue. Are there three or four? Do they all go? TY They all come out. We'll correct that on the mechanical demo page. GH The flooring is fuel soaked in that room. What should we do about that? ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 5 of 9 TY I'm not sure what to do exactly. If it's structural and it's cut out you'll lose the integrity. Maybe put a layer over the top of it. Just put down plywood and paint. All the fuel equipment is coming out of there. There will only be the air handling equipment it the room. PM There may be code requirements. WK There may be a sealer that can be put on it. JF An oil based paint will probably work. TY I'll check with the structural engineer to see what the implications would be. PM You might be able to put a hardi board underlayment. That would give you fire protection. TY The first choice would be to remove and reinstall. If we can't do that then seal or block it. The first concern is fire, the second concern is smell. TY The roof: leave the existing EPDM and remove the exposed insulation. TY The existing VocEd is divided into a training room, mechanical room and Industrial Arts storage. Scott Williams has been working with the Old Harbor people to maximize the functionality of the space. We will need to install welding booths, hose and electrical reels overhead and hose bibs inside and outside. SA Reels would be 110 volt so you will need a 220 volt area for the welding equipment. TY That's on the back wall. TY The door 110A & 111A are just wide enough for the 1 /2 diagonal distance that is required. It was really close. GH hands out a Scott Williams drawing for the space. SA Asked TY if he disagreed with the proposed configuration of the space? TY The use of VocEd funds to enlarge the training room is not a proper way to use those funds. It will not enhance the VocEd opportunities for the students. TY There will be a new structural wall between the new and existing building to alleviate problems. JF Are there any specifications for installing a pan under the thresholds on the exterior doors? TY I will need a detail...1'11 look into it. TY We intend on putting a sink on the outside of the Industrial Arts office. Also a plastic eye wash station and eye protection cabinet and hooks for clothes. That will be under the mezzanine. We will also provide a storage cabinet for flammables. SA The storage mezzanine should show access to some of the space where the ceiling is 20 foot. TY Yes, that's a good point. I'll have to figure that out. GH How close are we to the maximum allowable square footage? TY I'm sure the mezzanine puts us over. I'II have to check. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 6 of 9 TY The roof replacement: I looked at metal on the whole roof, but decided to do membrane after looking at Larsen Bay. JF A203 is showing two stacks? TY That needs to be moved. The drawings are not quite there yet. GH A301 shows the two stacks also. The mechanical drawings show side stacks. TY They should be side wall penetrations. I'll get that fixed. TY We're using vertical metal siding. I haven't spec'd it yet. SA What gauge are you planning on? TY 24 gauge at least. TY I need to check with the structural engineer on A301 about the lower back of the building. I didn't think it was necessary. Also, existing stacks will need to be patched after demo. GH It looks like the supply air is coming through the side wall. TY The roof penetrations much be from the bathrooms? I'll see if we can eliminate any roof openings. GH Let's pull the existing fuel pipe off the building. TY I'II have to check that. TY I'll need to check on where the tank is in relationship to the new building /slab /backfill /over excavation. A303 needs to show a footing detail where the old meets the new. JF The minimum insulation for the roof is R42, but I recommend R60. Also it should get some fiberglass put under the existing gym floor if possible. TY It can't be done because of a bunch of exposed piping. There is already perimeter insulation. JF Perimeter insulation doesn't matter if there's an exposed floor. If you insulate the floor you slow down the thermal transfer into the crawlspace. WK Metal buildings with overhangs get pitting under the overhang. TY I'll have to have 2 -3" for the attic ventilation, but I'll do it that way if it's better. Everyone agreed to remove the overhang. TY A803 -the parapet detail 1 needs to be fixed. It will be a cripple wall. SA I have a problem with zee flashings. TY I could put plywood behind the zee flashing then bitchethane on the face, no nailing into the face of the zee flashing. I think I need to move the siding out and drop it down. SA The roof vent against the existing gym wall: we should put new siding on that wall. TY That would make that detail a lot easier. That's a good idea. SA The existing roof sheathing: I see that you're leaving the existing foam. ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page 7of9 Ty I believe that the EPDM was installed over an original torch down /built up roof. I believe it is solid enough to install over it. I have drawings that show an original asphalt roof. SA The bathrooms are gross. TY I could assume that the underlayment/structural plywood is bad. TY I don't want to put a drain in the slab. We have some coordination to so with the mechanical and electrical. SA We're going to stop the meeting at 9 pm. WK What does that do to the schedule? TY If we make the changes from Scott Williams' drawings we will be way behind. TY I am trying to have the 95% done by the 15 TY A801 shows the demo and existing gym floor and roof details. GH There's two layers of carpet. TY The mechanically fastened PVC roof has the same warranty as the fully adhered. TY M101 detail 2 shows demo the existing vent piping, but the drawing looks like it stays. I'll have that fixed. M201 shows modifying the piping to relocate the sink. I'II remove the floor drain in the shop. SA Are there double doors in the mechanical room? TY I will change that to a single door if the equipment will fit. I'll put the double door from the mechanical room to the storage room with an in- swing. WK What about art equipment? A kiln, etc? TY There's been no discussion of it. TY M302 is missing. M401 has the new air handlers. I'll check on the wall exhaust in the bath. M301 shows the unit heater in the new VocEd room. M401 something isn't quite right about the drawing. I'll check with the engineer. I see some real problems and would also like to get rid of the roof hoods. The eyewash sink is going away. GH Please show a better detail of the fuel oil connection where it ties into the existing. TY Yes I'll have him do that. SA We will stop for now and continue next Wednesday, March 5, at 5:30 pm. G. Larsen Bay Roof report H. Update on KIB projects ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx 4 Page8of9 I. Public Comments J. Board Comments K. Adjournment Respectfully submitted: Je - Wolfe, Projects As tant KI 'ngineering /Facilities Dept. lam% " .?"1 7 e4 Scott Arndt, Chair Architectural /Engineering Review Board Date: 3//370? Date: 3 _ /3 - ,?OD y ARB Minutes 090225 East95 %, Old Harbor 65 %,Larsen Bay roof report.docx Page9of9 Meeting of Bay View Service District Board on 2/26/09 President Reed Oswalt called the meeting to order at 7 P. M. at Bayside Fire Hall. Dawn Lea Black was present. Other members were consenting to the meeting but were not in town. Reed and Dawn agreed to keep the budget and road maintenance company the same as last year. Dawn Lea Black, Secretary r - 1 1� MAR 3 1 2009 r 3 -24 -09 APR - 1 2009 Mission Lake Tide Gate Service Board Minutes for March 23, 2009 4 pm Borough Conference Room Heavy blowing snow prevented people from attending the meeting as the parking lot was almost impassable and visibility rotten. Marian Johnson and Borough employee Bob Tucker in charge of maintenance met at 4pm. Both felt there should be no change in budgeted finances for the coming year 2009 -2010. Bob Johnson would like the construction of the old tide gate that remains in Mission Lake removed as it is unattractive. It is heavy and would take several to pick it up successfully. Bob Tucker said the duckling saver had worked well for both the birds and the fingerlings. It kept them in the lake until they were large enough to hopefully live longer on the other side. He said that his computer had a schedule of high and low tides for the area so the tide gate on the ocean side can be viewed after each extreme high tide which brings debris into the opening. Marian stopped by the financial director office to present financial information for the forthcoming budget. She will follow up with a copy of the minutes to the Borough clerk. Marian thanked Bob Tucker for responding to phone calls from Mission Lake residents about problems with the tide gate such as high water in yards and debris in the ocean side of the tide gate which needed to be removed. There is a need for a third member of Mission Lake to apply for a position on the committee. Thanks to Al Burch who attempted to make the meeting but found high snow drifts a detriment to his walker. Marian Johnson 1 1\1\,0 Members Present Absent Excused Others Present Mike Sirofchuck X Bud Cassidy Pam Foreman X Community Development Dept. Hans Tschersich X Sheila Smith Kevin Foster X Community Development Dept. Jeff Huntley X Patrick Saltonstall X Andy Schroeder X Rick Lindholm X Lori Demi X Kevin Murphy X Ian Fulp X Dave Kaplan X Peggy Rauwolf X PARKS & RECREATION COMMITTEE REGULAR MEETING MARCH 10, 2009 MINUTES APR 2 0 2009 CALL TO ORDER CHAIR SIROFCHUCK called to order the March 10, 2009 Parks & Recreation Committee meeting at 7:10 p.m. ROLL CALL A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED to excuse COMMITTEE MEMBERS SCHROEDER, MURPHY, and RAUWOLF. Roll call vote CARRIED 7 -1. The ayes were SIROFCHUCK, FOREMAN, TSCHERSICH, HUNTLEY, SALTONSTALL, and LINDHOLM. The noes were FOSTER. COMMITTEE MEMBER FOSTER expressed concern over SCHROEDER not attending the meeting at all because he has a conflict of interest with the RFP's; he stated he could have attended and just excused himself when we take up the Trails Plan RFP's. APPROVAL OF AGENDA VICE CHAIR FOREMAN MOVED to put as item B - Board Resignations under Communications. Voice vote on motion CARRIED unanimously. MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the Parks & Recreation Committee Minutes of January 13, 2009 and February 24, 2009. 1 Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments and appearance requests. OLD BUSINESS There was no old business. NEW BUSINESS A) Review of the Kodiak Master Trails Plan RFP's CHAIR SIROFCHUCK clarified that SCHROEDER has a conflict because he is contracting to Dowl HKM on the Trails Plan and he is a paid employee of ITN where FOREMAN and SALTONSTALL are volunteers. COMMITTEE MEMBER FOSTER asked if FOREMAN or SALTONSTALL has had any contact with any of these RFP people. FOREMAN and SALTONSTALL both answered, no, they haven't had any contact with them. FOREMAN stated there is only a conflict of interest when you have a substantial direct or indirect financial interest. The committee worked to narrow the list to the best 3 RFP's but after much discussion they were only able to narrow them down to 6. It was the consensus to review the 6 RFP's in greater detail at home and come to the next meeting with their top 3 RFP's. Following are the top 6 RFP's: Good Mayb LDN Makers Alta USKH DOWL URS FOREMAN stated that Michelle Stearns is who got them to the point where they did the Trails Survey, got Doug Whittaker online to get that all together and finish that contract, and she got us to the point where we hired Ian to do the 200 miles of trail and get it into GIS. All of that happened in about 2 years. TSCHERSICH stated he is going out of town March 18 and won't be able to attend the next meeting. He also said he will email Smith his top 3 choices since he will be out of town. COMMUNICATIONS A) Planning & Zoning Commission Meeting Agenda Cassidy gave a brief overview of the public hearing cases. B) Board Resignations CHAIR SIROFCHUCK stated that Lori Demi has submitted her resignation for Parks & Rec by email to Sheila Smith. Now that the seat will be vacant hopefully we can find someone who will be more active on the committee. 2 REPORTS CHAIR SIROFCHUCK announced the meeting schedule with a meeting on March 24` and April 14` He encouraged the committee to take the time to read the 6 RFP's, and he got a lot of insights tonight while discussing the RFP's. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS FOSTER stated he's happy to be back. TSCHERSICH stated he got feedback from Dany Stihl who lives on Island Lake and he observed during the winter the use of the lake and the division with the new rules. Stihl is very happy and said things went very well with people respecting the rules on a whole. Tschersich said he will be out of town for the next 2 meetings and requests to be excused. ADJOURNMENT CHAIR SIROFCHUCK adjourned the meeting at 9:09 p.m. ATTEST By: Sheila Smith, Secretary Community Development Dept. DATE APPROVED: April 14, 2009 3 KODIAK ISLAND BOROUGH PA' CR TION COMMITTEE B au , /Wi, e Siro chuck, Chair 77,,ruce` Members Present Absent Excused Others Present Mike Sirofchuck X Bud Cassidy Pam Foreman X Community Development Dept. Hans Tschersich X Sheila Smith Kevin Foster X Community Development Dept. Jeff Huntley X Patrick Saltonstall X Andy Schroeder X Rick Lindholm X Vacant Kevin Murphy X Ian Fulp X Dave Kaplan X Peggy Rauwolf X PARKS & RECREATION COMMITTEE MARCH 31, 2009 RESCHEDULED FROM MARCH 24, 2009 REGULAR MEETING MINUTES CALL TO ORDER CHAIR SIROFCHUCK called to order the March 31, 2009 Parks & Recreation Committee meeting at 7:15 p.m. ROLL CALL A quorum was not established. Due to weather conditions the March 24, 2009 Parks & Recreation Committee regular meeting was rescheduled to March 31, 2009. Tonight's meeting was rescheduled to April 7, 2009. Due to a lack of quorum, CHAIR SIROFCHUCK adjourned the meeting at 7:20 p.m. ATTEST By: . C)ekQo KC'`.Xn'l Sheila Smith, Secretary Community Development Dept. DATE APPROVED: April 14, 2009 1 APR 2 0 2009 KODIAK ISLAND BOROUGH PA ' EC TION COMMITTEE e Sir. chuck, Chair �,u Members Present Absent Excused Others Present Mike Sirofchuck X Bud Cassidy Pam Foreman X Community Development Dept. Hans Tschersich X Sheila Smith Kevin Foster X Community Development Dept. Jeff Huntley X Patrick Saltonstall X Andy Schroeder X Rick Lindholm X Vacant Kevin Murphy X Ian Fulp X Dave Kaplan X Peggy Rauwoff X PARKS & RECREATION COMMITTEE APRIL 7, 2009 RESCHEDULED FROM MARCH 24, 2009 REGULAR MEETING 1 MINUTES CALL TO ORDER VICE CHAIR FOREMAN called to order the April 7, 2009 Parks & Recreation Committee meeting at 7:00 p.m. ROLL CALL A quorum was not established. Due to a lack of quorum, VICE CHAIR FOREMAN adjourned the meeting at 7:01 p.m. ATTEST By: _____CSabegba Sheila Smith, Secretary Community Development Dept. DATE APPROVED: April 14, 2009 1 APR 2 0 2009 KODIAK ISLAND BOROUGH RECREATION COMMITTEE � /a--- foe Ayi� e Sirofchuck, Chair c5 //2oFcirutl< Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Torres X Ms. Vickstrom X Vacant March 18, 2009 March 18, 2009 Kodiak Island Borough Planning & Zoning Commission Minutes APR 2 0 2009 r. Assembly Chambers CALL TO ORDER CHAIR KING called to order the March 18, 2009 regular meeting of the Planning and Zoning Commission at 7:35 p.m. ROLL CALL A quorum was established. COMMISSIONER WATKINS MOVED to excuse COMMISSIONER VICKSTROM. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to move Public Hearing item B -Case S09 -016 to the first item tonight. Voice vote CARRIED unanimously. COMMISSIONER WATKINS MOVED to approve the March 18, 2009 Planning & Zoning agenda as amended. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER TORRES MOVED to approve the February 25, 2009 Planning & Zoning Regular Meeting Minutes. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Steve Kreber stated that due to a broken fiber optic cable tonight's meeting cannot be broadcast. PUBLIC HEARINGS B) Case S09 -016. Request preliminary approval, according to KIBC 16.40, of the platting of a portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474. Cassidy stated in the past the commission reviewed an appeal of a staff decision not to issue a zoning compliance permit for the construction of a home which the commission overturned that decision and a P&Z Minutes Page 1 of 5 zoning compliance permit was issued. Tonight you are approving a subdivision. Staff recommends approval subject to two conditions. COMMISSIONER TORRES MOVED to grant Preliminary approval, according to KIBC 16.40, of the platting of a portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474, subject to two conditions of approval, and to adopt the findings in the staff report dated February 24, 2009 as "Findings of Fact" for case S09 -016. Close regular meeting: Open public hearing: Randy Gilbert gave a list of reasons of why they requested preliminary approval to subdivide this parcel. Close public hearing: Open regular meeting: A brief discussion. CONDITIONS OF APPROVAL [1] Place a note on the face of the plat that reads: "This plat recognizes a non - conforming lot of record ". [2] Remove reference to Lot 7B in legal description. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Roll call vote on motion CARRIED 5 -0. A) Case 09 -014. Request a rezone, according to KIBC 17.205.030.C, to change the zoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision, a 13,237 square foot parcel, from R1- Single - family Residential (KIBC 17.75) to B- Business (KIBC 17.90). Cassidy gave a brief staff report stating you are being asked to recommend to the Assembly to rezone a piece of waterfront property in Ouzinkie that is zoned R1 to redevelop that section of town. Staff recommends approval. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision from R1- Single - family Residential to B- Business, and to adopt the "Findings of Fact" in the staff report dated March 4, 2009 in support of this recommendation. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission 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. March 18, 2009 P&Z Minutes Page 2 of 5 The land owner, Ouzinkie Native Corporation, needs this rezone in order to redevelop a property that has historically been used for commercial and office use for many years. The buildings and use have been nonconforming for many years and this requested change of zoning will provide the encouragement to redevelop the site in a manner that allows the continued contributions of this site for the benefit of the larger community. The rezone request suggests the need for further investigation which is beyond the scope of this immediate review. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. It also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with past use and which has served the best interests of the Ouzinkie community for many years. Roll call vote on motion CARRIED 5 -0. C) Case S09 -014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 -feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy stated the applicant requested postponement again while waiting for the Corp of Engineers and Alaska Department of Fish & Game to resolve some issues based on the nature of this easement. Staff believes this should be postponed until next month. COMMISSIONER WATKINS asked Cassidy if this salmon easement through Fish & Game is a State law or Fish & Game policy because if it's State law we can't do anything with this easement. Cassidy stated if he asked him to look into this he hasn't but he will and will have an answer at the next meeting. COMMISSIONER WATKINS MOVED to postpone Case S09 -014 until the April 15, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed information related to the need for the vacation and specifically showing what level of requested relief is necessary to accommodate ADEC requirements for on -site septic system development. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Roll call vote on motion CARRIED 5 -0. OLD BUSINESS A)Case 09 -012. Adopt findings of fact in support of the commission's denial for a rezone investigation, according to KIBC 17.85, 17.75 & 17.205, from R1- Single Family Residential to R3- Multi Family Residential. The location is 2713 Spruce Cape Road and it is zoned R1- Single Family Residential. The applicant is Jon C. Stratman. Cassidy stated the commission made a decision at the last meeting not to approve this rezone request and findings were deferred to this meeting. March 18, 2009 P&Z Minutes Page 3 of 5 COMMISSIONER JANZ MOVED to adopt findings of fact for case 09 -012 according to the findings of fact outlined in the staff report dated March 5, 2009 Commission discussion FINDINGS OF FACT Finding as to the need and justification for a change or amendment [1] There is no need or justification for a rezoning of this parcel to R3- Multi - family residential in this case as the parcel in question is located adjacent to other R1- Single Family residential zoning district parcels. [2] There are other vacant and appropriately zoned parcels in the community that can meet the needs expressed in this request. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to R -3 Multi - family residential though not inconsistent with the recently adopted comprehensive plan that identifies this area for residential, it is inconsistent with the desire to separate incompatible residential uses, specifically the need to separate multifamily residential use from single family residential use. Recommendation as to the approval or disapproval of the change or amendment It is recommended that the request for rezoning of the parcel in this request be disapproved. Roll call vote on motion CARRIED 5 -0. B) Planning & Zoning Commission By -Laws CHAIR KING stated we wanted all members to be present for the vote. COMMISSIONER WATKINS MOVED to approve the following changes to the Planning & Zoning By- Laws and forward to the Kodiak Island Borough Assembly with a recommendation for approval: 1. Update the code numbers with the new code numbers throughout; 2. Add to Article III - Powers and Duties as item D "Staff" means member of the Community Development Department; 3. In Article V- Officers and Duties, B- Duties - in #3 strike "an acting Chairperson shall be elected by the Commission from among its members and insert the senior member shall preside at the meeting; 4. In Article VI- Quorum and Voting Requirements strike the word "is" and insert "are "; 5. In Article IX- Procedure, A- Parliamentary Authority add #1. The Community Development Department Secretary will be Parliamentarian for the Planning & Zoning Commission. 6. In Article IX- Procedure, B. after Robert's Rules of Order, insert Newly Revised (10` Edition) by Henry M. Robert and strike the words "Conduct of Meetings" Roll call vote on motion CARRIED 5 - 0. NEW BUSINESS There was no new business. COMMUNICATIONS There was no communications. REPORTS A. Meeting Schedule: • April 8, 2009 work session at 7:30pm in the KIB Conference Room. March 18, 2009 P&Z Minutes Page 4 of 5 • April 15, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes from Other Meetings • January 13, 2009 Parks & Recreation Committee Meeting Minutes • February 24, 2009 Parks & Recreation Committee Meeting Minutes Cassidy stated the Assembly will fill the vacancy tomorrow night at their meeting so you will have a full commission. COMMISSIONER TORRES MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS COMMISSIONER TORRES apologized for forgetting his glasses. CHAIR KING said he will be out of town for work from April 4 -12, 2009 and will miss the April work session. He also Smith and he went to Parliamentary Procedure training and would like to do some training of our own with all the commissioners present. Smith said she will send out an email asking everyone when it's convenient with dates that the Chambers are available. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn the March 18„ 2009 Planning & Zoning regular meeting. The chair adjourned the meeting at 8:14 pm. ATTEST By: APPROVED: Apri115, 2009 March 18, 2009 Sheila Smith, Secretary KODIAK ISLAND BOROUGH By: .Q _q Dave King, Chair P&Z Minutes Page 5 of 5 Service Area No. 1 Board Regular Meeting /Public Hearing 18 February 2009 7:00 pm KFRC Conference Room E, . APR 1 5 2009 1. Call to Order Chair C. Lorenson called the meeting to order at 7:08 pm. 2. Roll Call Present were Board Members S. Arndt, C. Lorenson, D. Symmons and A. Torres. Excused was S. L. Adinolfi. K. Arndt arrived at 7:22pm. 3. Approval of Agenda It was Moved, S. Arndt and seconded to Approve the Agenda. Motion Carried by an affirmative voice vote. 4. Acknowledge Receipt of Financial Report It was Moved, S. Arndt and seconded to acknowledge receipt of the Financial Report. Motion Carried by an affirmative voice vote. 5. Approval of Minutes — January 27, 2009 It was Moved, S. Arndt and seconded to Approve the Minutes of January 27, 2009. Motion Carried by an affirmative voice vote. 6. Public Comments None 7. Chair Report Chair Lorenson told the Board he received more calls from the last snow plowing than he has since he's been Chair. He received a call from a man on Hill Top saying the grader was plowing the snow into his driveway. Chair contacted the grader operator and was told that the homeowner was taking the snow from his driveway and putting it in the road. The residents on Sea Breeze were getting stuck on the hill. He told the Board he will be gone from February 20 until the first of March and S. Arndt would be in charge. N: \EF \Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \SA #1Minutes 2009 \Draft Minutesl8 February 09.doc 8. Public Hearing Chair Lorenson recessed the Regular Meeting at 7:20pm and opened the Public Hearing for FY2010 Budget. It was Moved, S. Arndt and seconded to Approve the Budget for FY2010. Chair Lorenson asked if there were any Public Comments. Hearing none Chair Lorenson closed the Public Hearing at 7:22pm. Motion Carried by a Roll Call Vote. 9. Old Business None 10. New Business a. Work Program Chair Lorenson asked the Board to think about additional items for a work program and bring it before the Board at the next regular meeting. 11. Public Comments None 12. Board Member Comments D. Symmons — None S. Arndt — None A.Torres — He asked if there was any interest for the Board Vacancy. K. Arndt - None C. Lorenson told the Board that R. Ryser was interested. 13. Meeting Schedule Next meeting scheduled for April 14, 2009. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1Minutes 2009 \Draft Minutesl8 February 09.doc 14. Adjournment There being no further business before the Board, it was Moved, S. Arndt and seconded to adjourn the meeting at 7:30 pm. Submitted By: Mary J. Bar Engineerin r ci ities Approve C e Lorenson, Chair Service Area No. 1 Date: L i 4 Date: -/-0 N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1Minutes 2009 \Draft Minutesl8 February 09.doc Board Members Present Not Present Excused Altenhof, Barry ✓ Harrington, Cindy ✓ Mahoney, Ed ✓ Murdock, Laurie ✓ Owen, Marion ✓ Pillans, Rick ✓ Szabo, Nick 5:20pm Call to Order Approval of Agenda Approval of Minutes SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES February 4, 2009 @ 5:15 PM Borough Conference Room N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \04 February 2009 I APR ' 2009 Chair Altenhof called to order the Regular Meeting of the SWAB at 5:15pm on February 4, 2009 at KIB Conference Room. Roll Call T. Mitchell conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Caroll Tracy, Alaska Waste and Harry Dodge. Ex- Officio Members: T. Mitchell, Chris Lynch It was Moved, E. Mahoney and seconded to Amend the Agenda by adding the RFP under Old Business. It was Moved, C. Harrington and seconded to Add the SWAB's Mission Statement to the Agenda after the Approval of Minutes. Motions Carried by a unanimous voice vote. It was Moved, M. Owen and seconded to Approve the Minutes of December 3, 2008. Motion Carried by a unanimous voice vote. Reading of Mission Statement To assist and advise the Borough Assembly in identifying solutions to solid waste management by collecting and reporting varied viewpoints, sponsoring public outreach, and developing specific projects with a focus on waste reduction, reuse and recycling. Visitor Comments None Old Business a. Request for Proposal E. Mahoney asked the Board if the Borough was going to extend the current contract for another year, or if they're going to hit the street with the RFP and if so, when. T. Mitchell told the Board that the RFP is still a work in progress and as soon as it's available the Draft will be distributed to interested parties and the public. Discussion followed and some points were: this is a draft, comments and /or changes can be made prior to the final going out for bid. New Business a. Approval of SWAB Logo Chair Altenhof asked for a recap of discussion in the work session. M. Owen told the Board that the discussion was they weren't able to identify the pieces of the logo, whether they were royalty free or who owned the actual pieces in the photos. She said she went back and put in her own images, because she's been involved with copyright issues. Discussion followed and some points were: what pictures, size, where is logo going, wording on logo, format for use of logo. T. Mitchell told the Board the tote bags that her niece has been working on are ready, so she doubted there were or will be issues with copyrights. b. Approval to Recommend to the Borough Assembly an Enforcement position Chair Altenhof told the Board this had been talked about last fall and wanted it back on the Agenda so the Board could discuss it further. T. Mitchell told the Board that this position was addressed in the Borough's strategic plan under Planning & Zoning Goals and Objectives. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \04 February 2009 It was Moved, C. Harrington and seconded to recommend to the Borough Assembly to Act on the creation of an Enforcement position to enforce borough code including but not limited to zoning violations, dumpster use violations, tree and other resource theft. Motion Carried by a voice vote. Visitor Comments None Board Comments L. Murdock — none C. Harrington — none M. Owen told the Board about Senate Bill 22 — An act establishing a fee for disposable plastic bags. Also establishing the Alaska litter and marine debris reduction and recycling fund. She stated that at the Sustainable Kodiak meeting there were about 70 people that showed up, that are interested in this Bill. E. Mahoney — none N. Szabo stated he also attended the Sustainable Kodiak meeting, which there were a lot of good things talked about and he told the Board that one of the things discussed was the remaining life of the landfill and how the levels of recycling would affect that life. He said if they quit recycling the landfill would have 5.78 years and at the present rate there is 6.2 years, etc. He asked if the process for the addition to the landfill has started. T. Mitchell said it hadn't been started yet, but will be. She handed out the Assemblies strategic plan for the landfill. C. Lynch — none B. Altenhof welcomed N. Szabo to the Board. He told the Board that it would be nice if the Board had 1 or 2 more members. He felt it would be good to have different nationalities to help with the educating of the public with the education outreach. Meeting Scheduled Chair Altenhof told the Board the next work session is scheduled for Wednesday, February 18, 2009. Adjourn There being no further business the meeting was adjourned at 6:15pm. N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \04 February 2009 SUBMITTED BY: Mary J. Bar r, S retary KIB Engin ' g /Facilities Department APPROVED BY: Barry Altenhof, Chair Solid Waste Advisory Board Date: Date: N: \EF \Baler Facility \Solid Waste Advisory Board \FY2009 \Minutes \04 February 2009 WOMENS BAY SERVICE AREA BOARD - CORRECTED REGULAR MEETING / BUDGET PUBLIC HEARING March 25, 2008 Call to Order — 7:18 pm Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad Spencer Schaeffer - Excused Craig Breitung, George Lee - Not Present Guests —None Citizens Comments — None Approval of Minutes — Minutes from March 10, 2008 were approved as corrected. Old Business Fire Department — SOP Status — SOP still being developed. Approximately 75% complete for initial group of SOP's. Surplus of Old Engine — Isadore to contact the KIB regarding placing the vehicle up for auction with a minimum bid price of $7000. Dispatch Issues — Discussions are ongoing between the Fire Chiefs, MB and City of Kodiak Airport Mutual Aid Status — No EMS responsibility per the contract. Mutual Aid with ISC Fire is still in place for ISC property and interests. Road Service — Nixon Ranch Turn Around — KIB to survey — Future work to be based on survey. Panamarof Creek Culvert — Culvert is 2/3's full — Plan to sump both ends — Requires State Permitting Erosion at Sargent Creek Road — Place on a watch status — Develop a project list — Creek at that location may not be in the service area boundaries. ORIGINAL New Business Fire Department- Flooding Issue — Sargent Creek / Chiniak Drive — A short discussion was held regarding the issue — Discussion was tabled awaiting KIB Staff research findings. Pager Purchase — A request was made to consider the purchase of 10 Minitor V Voice Pagers with Bases — Need is due to increased membership and older pagers becoming outdated — Approximate cost $400 - $450. MOTION: Griffin made a motion for the purchase of pagers with a limit of $5000.00 for ten pagers. Seconded: Horn - Voice Vote — Unanimous vote, All Ayes Boot Purchase — A request was made for the purchase of "bunker boots" due to increased membership and replacement of old boots. MOTION: Conrad made a motion for the purchase of boots with a limit of $1500.00. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Tanker 23 Repairs — The Board was informed that repairs are needed for Tanker 23 due to winter freeze damage. Conrad stated the officers would monitor the spending and report the cost and status to the Board. Lighting Upgrade — A discussion was held to look at possible "in- house" upgrade in an attempt to reduce energy costs. The department was considering updating the ballast for the fluorescent light fixtures and possibly using motion and timed lights. The projects will be considered and the Board consulted prior to the upgrades occurring. Electrical Repairs — The Board was informed that due to electrical problems, Local Electric was contacted to perform diagnostic and repair services. Repairs were underway and the costs were anticipated to be less that $500.00. MOTION — Griffin — Motion made to adjourn at 8:37PM. Seconded by Horn Voice Vote — Unanimous WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING May13, 2008 Call to Order — 7:20 pm Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad, George Lee, Craig Breitung Spencer Schaeffer - Excused Guests —David Heuman, Dale Rice Citizens Comments — Neuman asked if the Board was to discuss issues related to the drainage problems on Sargent Creek Road during the winter months. A short discussion was held to inform Mr. Heuaman. Approval of Minutes — Minutes from April 15, 2008 were approved as presented. Pager Purchase — Completed and in service Boot Purchase — Completed Energy Upgrades — Project placed on hold for next fiscal year. Tanker 23 Repairs — Awaiting information from members regarding manual request, parts list Electrical Repairs — Waiting for rewiring of three exterior receptacles. Tanker 22 Repairs - Completed Road Service — ORIGINAL Old Business Fire Department — SOP Status — SOP still being developed. Approximately 75% complete for initial group of SOP's. Drafts to be out during the next month. Surplus of Old Engine — Isadore has contact the KIB regarding placing the vehicle up for auction with a minimum bid price of $7500. No projected auction date. Nixon Ranch Survey — Awaiting KIB staff action on survey — FAC/ENG Panamaroff Creek Culvert — Isadore has contacted DNR regarding permitting process. Sargent Creek Erosion — Watching area for new erosion — Area not in service district boundaries. Flooding Issue — Sargent Creek Road/Chiniak Drive — Waiting for information from KIB Engineering Department — Meeting to be scheduled with parties. New Business Fire Department - AED Purchase — Discussion was held regarding the purchase of a second AED. Discussion was tabled for pricing. IFTSA Manual Purchase Request - The Fire Department requested consideration of expending $1700 for purchasing IFSTA Essentials Manual. Motion: Lee made a motion to purchase IFTSA Essentials Manuals for a price NTE $1700.00. Seconded: Griffin Voice Vote: All Ayes Motion passed — Hat Purchase Request — The Fire Department requested consideration of expending $300 for purchasing updated hats. Motion: Breitung made a motion to purchase hats for a price NTE $300.00. Seconded: Horn Voice Vote: All Ayes Motion passed — Fire Extinguisher Replacement - The Fire Department requested consideration of expending $350 for purchasing six replacement fire extinguishers that are outdated per a recent annual inspection. Motion: Conrad made a motion to purchase six fire extinguishers for a price NTE $350.00. Seconded: Lee Voice Vote: All Ayes Motion passed — Road Service Area — No discussion regarding future road projects were held due to lack of information from KIB Finance regarding financial status. Repeated Board Member Comments — request have not produced any updated "Short Reports" for several months. Project in or adjacent to salmon streams must be accomplished in early Spring window and requires permitting. Horn commented and asked how to get the Park Sign repaired at the firehouse property. Board discussed contacting the KIB staff regarding who is responsible. Lee discussed a culvert that was damaged by snow removal on Alder Drive at the Hansen property. Lee stated he would discuss this with the contractor and bring information to the next meeting. Horn asked if there was any progress or follow up regarding inclusion of the Fairgrounds area in the Fire Service District. A brief discussion was held. Isadore stated that he was contacted by Brechan regarding placing dust control product on Bells Flats Road. Stated he was awaiting pricing. Discussion was held as to if Board could have contractor conduct this task. Next Regular Meeting to be held June 3, 2008 at 7:OOpm. MOTION: Conrad made a motion to adjourn. Seconded: Breitung Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:35 pm Road Service — Nixon Ranch Survey — Awaiting KIB staff action on survey — FAC/ENG ORIGINAL WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING June 3, 2008 Call to Order — 7:20 pm Members Present — John Isadore, Scott Griffin, Dave Conrad, Craig Breitung George Lee, Jessica Horn, Spencer Schaeffer - Excused Guests —Dale Rice Citizens Comments — None Approval of Minutes — Minutes from May 13, 2008 were approved as corrected Old Business Fire Department — SOP Status — SOP drafts printed. No officer meeting held for review to date. Surplus of Old Engine — Isadore has contact the KIB regarding placing the vehicle up for auction with a minimum bid price of $7500. No projected auction date. Energy Upgrades — Project placed on hold for next fiscal year. Tanker 23 Repairs — Parts ordered and received. Manual printed. Chief to contact mechanic for repairs. Electrical Repairs — Completed and paid. — Repair cost of $500.00 AED Purchase — Next Fiscal year. IFSTA Manual Purchase — Books could not be ordered and received by the end of the fiscal year. Will order in FY 09. Hat Purchase — FY09 purchase. Fire extinguisher purchaser postponed until FY09. Panamaroff Creek Culvert — Isadore has submitted application to DNR. Anticipate work to be scheduled for the beginning of July. Sargent Creek Erosion — Watching area for new erosion — Area not in service district boundaries. Flooding Issue — Sargent Creek Road/Chiniak Drive — Waiting for information from KIB Engineering Department — Meeting to be scheduled with parties. Answering Service — Per an earlier discussion, griffin has done research for a GCI answering service for the Road Service calls. Cost is from $9 - $15 per month. Additional research requested regarding the length of contract, cost of set up, access and number of calls stored. Griffin to follow up. New Business Fire Department- Apartment Tenant Change — Conrad informed the Board that he current tenant has given notice of vacation of the Firehouse Apartment as of July 1, 2008. Conrad stated that there is a perspective tenant and a rent increase would have to be discussed due to rising costs. Conrad stated that the work required in the apartment could likely be performed in -house and suggested that funding had to be approved for the expenditures. Motion: Breitung made a motion to spend an amount NTE $3000.00 for repairs of the apartment and possible purchase of a new wash machine. Seconded: Griffin Voice Vote: All Ayes Motion passed — Road Service Area — Road grading and minimal work to be performed before new fiscal year. LASH Subdivision — Isadore reported that Barry Still has contacted him and has stated that he was sending a letter to the KIB to consider annexation of the subdivision area into both service areas. Isadore informed Still that the Board had questions that remain unanswered from the previous time Lash had made the original request several years ago. A discussion was held regarding the merits of requesting a larger annexation area to include the lands from Sargent Creek Road to and including the Fairgrounds and possibly other areas. Board Member Comments — Bells Flats Road — Isadore commented that TC Enterprises was ordered to place gravel in the ditch near the first cross road culvert on the east end of the road and that it should be completed in the next few days. A general discussion was held regarding the cars stacked in the road right of way at the property of Jim Graham. Conrad stated that the MB and Graham were in discussion to resolve the issue. Next Regular Meeting to be held July 1, 2008 at 7:OOpm. MOTION: Breitung made a motion to adjourn. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 9:07 pm WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING September 9, 2008 Call to Order — 7:20 pm Members Present — John Isadore, George Lee Scott Griffin, Dave Conrad, Jessica Horn Craig Breitung- Excused Guests — David Heuman Citizens Comments — None Approval of Minutes — Minutes from August 12, 2008 were approved. Old Business Fire Department — SOP Status — SOP drafts printed. No officer meeting held for review to date. Surplus of Old Engine — Isadore has contact the KIB regarding placing the vehicle up for auction with a minimum bid price of $7500. No projected auction date. Energy Upgrades — Project placed on hold for next fiscal year. Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase planned Hat Purchase — FY09 purchase. Road Service — Nixon Ranch Survey — Awaiting KIB staff action on survey — FAC/ENG Sargent Creek Erosion — Watching area for new erosion — Area not in service district boundaries. ORIGINAL Flooding Issue — Sargent Creek Road/Chiniak Drive — Waiting for information from KIB Engineering Department — Meeting to be scheduled with parties. KIB Staff to be contacted by Isadore and Conrad. Answering Service — Discussion placed on hold awaiting information from the KIB staff regarding Fire Department being "connected" electronically. May required service provider change which may affect the GCI service. — Griffin to send KIB an e -mail for information regarding Fire hall getting on KIB network, progress and additional information. New Business Fire Department- AED Purchase — Unit received and in service. Awaiting invoice. Cost of unit is under the $2000 cost. Road Service Area — Board Member Comments — Road grading and minimal work to be performed before new fiscal year. Isadore stated the TC Enterprises provided a cost of approximately $8500 to perform crack sealing. Anticipate late August or September for work to be accomplished. A general discussion was held as a member noted that on the KIB website the Assembly had a discussion regarding what is believed to be the Lash Subdivision. None of the members were sure if that was the property discussed. A general discussion was held regarding the upcoming election. Next Regular Meeting to be held October 14, 2008 at 7:OOpm. MOTION: Lee made a motion to adjourn. Seconded: Griffin Voice V to — Unanimous vote, All y s — M - eting Witness ed at :25 pm WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING October 14, 2008 Call to Order — 7:10 pm Members Present — John Isadore, Craig Breitung, Scott Griffin, Dave Conrad, Jessica Horn George Lee - Excused Guests — Scott Krantz — Fire Training Officer, Dale Rice Citizens Comments — Scott Krantz was asked to address the Board. Krantz requested that the Board consider allowing the Fire Department to allow participation in the department for volunteers from the City and all nearby communities. The Board discussed the request and asked that the Fire Department better define and perform the needed research and present the findings to the Board at the next meeting. Approval of Minutes — Minutes from September 9, 2008 were approved. Old Business Fire Department — SOP Status — SOP drafts printed. No action to date. ORIGINAL Surplus of Old Engine — Isadore has contact the MB regarding placing the vehicle up for auction with a minimum bid price of $7500. No projected auction date. Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold Road Service — TC Enterprises provided a cost of approximately $8500 to perform crack sealing. Anticipate late August or September for work to be accomplished. Nixon Ranch Survey — Awaiting KIB staff action on survey — FAC /ENG Sargent Creek Erosion — Watching area for new erosion — Area not in service district boundaries. Flooding Issue — Sargent Creek Road/Chiniak Drive — Waiting for information from KIB Engineering Department — Meeting to be scheduled with parties. KIB Staff to be contacted by Isadore and Conrad. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. New Business Fire Department- Communication Grant discussed briefly. Awaiting award by MB Staff and Coordination with Bayside. Road Service Area — TC Enterprises to plug culvert on Chiniak Drive. Winter Maintenance — Isadore stated TC to grades roads when conditions allow prior to freezing. Board Member Comments — Horn — Jessica discussed approaching the KIB Assembly regarding the garbage collection difficulties in the area and lack of action to date. Asked about the sign for the park at the Fire Station. Stated that there was a piece of re -bar on Alitak Drive sticking out of the side of the road. Isadore stated he would look for it in daylight hours Next Regular Meeting to be held November 18, 2008 at 7:OOpm. MOTION: Griffin made a motion to adjourn. Seconded: Breitung Chairperson Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:25 pm itness WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING November 18, 2008 Call to Order — 7:18 pm Members Present — Craig Breitung, Scott Griffin, Dave Conrad, Jessica Horn, David Hellman John Isadore, George Lee - Excused Guests — Roland Baker, Bob Tucker, Rodger Frost Citizens Comments — Mr. Baker was recognized and asked for his comments. Baker asked why the request for diversion of a culvert on Chiniak Drive that had been made on September 9, 2007 had still not been accomplished. Baker stated that the Board originally stated the job could not be performed due to an early winter season but stated he had asked at a second meeting earlier in 2008. He added that this request was made to try to avoid flooding on his property. Conrad (acting chair) stated that he believed the reason that this was not accomplished was the fact that the Chair had not followed up with the contractor, TC Enterprises. He also stated that another board member was to make a cap for the culvert as this was a temporary diversion tactic and that that cap had not been completed to date. He stated that he would contact Isadore and try to follow up with Kevin Arndt. Approval of Minutes — Minutes from October 14, 2008 were approved. Motion: Motion to approve minutes of October 14, 2008 was made by Griffin. Seconded: Horn Voice Vote: All Ayes Old Business Fire Department — SOP Status — SOP drafts printed. No action to date. Surplus of Old Engine — Awaiting KIB staff regarding placing the vehicle up for auction with a minimum bid price of $7500. No projected auction date. ORIGINAL Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold Road Service — TC Enterprises provided a cost of approximately $8500 to perform crack sealing. Will not be accomplished until spring. Sargent Creek Erosion — Watching area for new erosion — Area not in service district boundaries. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. Nixon Ranch Survey — Mr. Tucker was introduced and asked to comment on this issue. Tucker stated that a surveyor was hired at the request of the Board; Horizon Land Surveying had surveyed the platted bus turn around to find the property owners on the north side of the end of Middle Bay Drive (Peterson) had placed their septic field on the KIB road right of way. Tucker stated that he had spoken with the property owners on either side of this turn around. The neighbor on the south side of the rod has voluntarily offered to allow a larger portion of his property to be converted to a road right of way. When the fmal survey was submitted to the KIB, a letter is to be generated for the property owners to sign and a legal change to the plats affected will be accomplished. In addition Tucker stated that Mrs. Peterson had verbally agreed to pay for the survey as their construction caused this problem. Flooding Issue — Sargent Creek Road/Chiniak Drive — Tucker stated that this area had been surveyed by Horizon Land Surveying and the KIB was waiting for the survey. He stated that he had talked to KEA and they would be willing to raise the transformers in the area to protect their equipment. Tucker added that he had also taken photographs of the area after the survey was completed. Tucker stated he would contact the Board when the two surveys discussed were received by the KIB. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. New Business Fire Department- Communication Grant discussed briefly. Awaiting award by KIB Staff and Coordination with Bayside. Road Service Area — TC Enterprises to plug culvert on Chiniak Drive. Winter Maintenance — Isadore stated TC to grades roads when conditions allow prior to freezing. Board Member Comments — Discussion of the Park Sign at the Fire Station property was brought up. Tucker stated he had the KIB staff put the sign back up. Horn asked if the re -bar on Alitak Drive sticking out of the side of the road had been taken care of. Conrad stated he did not know but would contact Isadore and look for it in daylight hours Conrad thanked Bob Tucker for coming to the meeting to introduce himself to the Board as well as discuss the issues he had been involved with. Next Regular Meeting to be held December 9, 2008 at 7:OOpm. MOTION: Griffin made a motion to adjourn. Seconded: Horn Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:25 pm hairperson Witness WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING December 9, 2008 Call to Order — 7:06 pm Members Present — John Isadore, George Lee, Craig Breitung, Dave Conrad, Jessica Horn, David Heuman Excused - Scott Griffin Guests — Steve Honnold, Bob Tucker Citizens Comments — Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold ORIGINAL Mr. Honnold stated he was interested in any discussions regarding the Sargent Creek / Chiniak Drive drainage issue. Honnold was asked if the discussion could wait as the board would be discussing this matter later in the meeting. He agreed to wait. Approval of Minutes — Minutes from November 18, 2008 were approved. Motion: Motion to approve minutes of November 18, 2008 was made by Heuman. Seconded: Lee Voice Vote: All Ayes Old Business Fire Department — SOP Status — SOP drafts printed. No action to date. Surplus of Old Engine — Awaiting KIB staff regarding placing the vehicle up for auction with a minimum bid price of $7500. Tucker stated that he would verify the vehicle was on the list for the January 12, 2009 auction. Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Road Service — Crack sealing project on hold until spring. Materials have been purchased by contractor. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. Tucker stated that Van Dyke of KIB MIS was gathering information. Suggested board contact VanDyke directly for status. Nixon Ranch Survey — Mr. Tucker stated that the KIB was awaiting the finalized survey to process a letter to resident Joe Lee. Lee has agreed to allow a portion of his property to become KIB road right -of -way. KIB staff to contact board upon receipt of finalized drawings and legal descriptions. Flooding Issue — Sargent Creek Road/Chiniak Drive — Tucker presented the board with preliminary drawings for review. MB is awaiting finalized drawings and elevations. A general discussion was held regarding the preliminary survey and information that was provided. Mr. Honnold asked questions regarding the final disposition for the drainage situation. Isadore stated that at this time no final decision or specific action had been discussed as this was the first time the survey was available. Tucker asked about a section of "berm" that was missing on the west side of Sargent Creek Road and suggested that this berm be put in place to potentially prevent flooding through this gap. Tucker also added that the culvert upstream on Chiniak Drive be examined for repair as the end was restricted by an earlier repair. Motion: A motion to authorized placement of gravel with a not to exceed $3000 for the completion of the berm by Lee. Seconded by Horn Voice Vote: All Ayes Isadore stated he would contact the contractor to perform this task and complete the berm. Conrad asked if the area had been flagged and markings placed by the surveyor. Isadore commented that within 48 hours most markings were removed. The discussion continued and a general comment was made that the area neighbors are still plowing snow into the ditch that caused flooding in the past. The board discussed notifying the parties observed plowing snow be sent a letter stating that this was an illegal function. Conrad stated that this was a premature action and stated he would contact the KIB staff to look at and interpret the codes. He suggested that all area residents should be informed if this action was prohibited by code and that a letter could be mailed with the garbage bills or consideration to placing an newspaper add could be alternate considerations. Tucker stated he would contact the Board when the two surveys discussed were received by the KIB. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. New Business Fire Department- Communication Grant discussed briefly. Awaiting award by KIB Staff and Coordination with Bayside. Road Service Area — TC Enterprises completed blocking the Chiniak culvert and adding a driveway culvert at the Schaeffer residence on Chiniak Drive. Board Member Comments — Lee stated he wanted to thank Isadore and Conrad for their time investment in the matters associated with the daily business of the service area. Lee stated that the driveway culvert at the Hansen residence on Alder Drive had not been repaired to date. Conrad stated that he observed and reported that maintenance was performed on a private driveway that should not be paid by the service area and should be the responsibility of the contractor. Isadore thanked Tucker for bringing the survey documents to the meeting. Next Regular Meeting to be held January 6, 2008 at 7:OOpm. MOTION: Conrad made a motion to adjourn. Seconded: Horn Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:15 pm airperson Witness WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING January 6, 2009 Call to Order — 7:15 pm Members Present — John Isadore, Scott Griffin, Dave Conrad, David Heuman Excused —Craig Breitung Absent — George Lee, Jessica Horn Guests — None Citizens Comments — None Approval of Minutes — Minutes from December 9, 2008 were approved. Motion: Motion to approve minutes of December 9, 2008 was made by Heuman. Seconded: Griffin Voice Vote: All Ayes Old Business Fire Department — SOP Status — SOP drafts printed. No action to date. Surplus of Old Engine — Awaiting KIB staff regarding placing the vehicle up for auction with a minimum bid price of $7500. Tucker stated that he would verify the vehicle was on the list for the January 12, 2009 auction. Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold Road Service — ORIGINAL Motion: Motion to research and develop a proposed ordinance prohibiting the placing of snow and or debris into or on KIB right of ways and easements was made by Conrad. Voice Vote: Crack sealing project on hold until spring. Materials have been purchased by contractor. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. Tucker stated that Van Dyke of KIB MIS was gathering information. Suggested board contact VanDyke directly for status. Nixon Ranch Survey — Mr. Tucker stated that the MB was awaiting the finalized survey to process a letter to resident Joe Lee. Lee has agreed to allow a portion of his property to become KIB road right -of -way. KIB star to contact board upon receipt of finalized drawings and legal descriptions. Flooding Issue — Sargent Creek Road/Chiniak Drive — Tucker presented the board with preliminary drawings for review. KIB is awaiting finalized drawings and elevations. A general discussion was held regarding the work in the area to date. Isadore stated the repair or completion of the "berms" had not been completed due to the freezing conditions. Discussion continued regarding residents placing snow and or debris in the right of ways and ditches throughout the service area. Conrad stated that he had discussed with MB staff and all concluded there was no clear prohibition against these practices. A copy of the Seward code with similar language was provided by the MB staff. Seconded: Heuman All Ayes New Business Fire Department- Communication Grant discussed briefly. Awaiting award by MB Staff and Coordination with Bayside. Road Service Area — A brief discussion regarding the winter road maintenance performance was held. A discussion was held regarding the upcoming budget and the process. Next Regular Meeting to be held February 10, 2009 at 7:OOpm. MOTION: Conrad made a motion to adjourn. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:30 pm Witness WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING / BUDGET WORK SESSION February 10, 2009 Call to Order — 7:15 pm — George Lee - Presiding Members Present —Scott Griffin, Dave Conrad, David Heuman, Craig Breitung, George Lee, Jessica Horn Excused — John Isadore Guests — Kevin Arndt Citizens Comments — None Approval of Minutes — No minutes prepared for January 6, 2009 meeting. Old Business Fire Department — SOP Status — SOP being developed and reviewed. Surplus of Old Engine — No bids at or above the minimum bid price of $7500 were received at the January 12, 2009 auction. Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold Communications Grant - In progress Fire hall Boiler Replacement RFP — Conrad stated he had been in contact with the KIB Staff and was planning to speak to several local companies prior to participating in the preparation of the RFP for advertisement and bid request. Road Service — ORIGINAL Crack sealing project on hold until spring. Materials have been purchased by contractor. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. Last information was that Van Dyke of KIB MIS was gathering information. Suggested board contact VanDyke directly for status. Nixon Ranch Survey — Awaiting final action by KIB Staff after legal description was received from the surveyor. Flooding Issue — Sargent Creek Road/Chiniak Drive — Emergency work was conducted at the site due to a large rain event and frozen / blocked ditches and culverts. Minimal damage was observed and most of the work had been completed satisfactorily. Additional work may be required in the spring. A discussion regarding resident involvement with correcting or improving drainage issues on their individual properties was conducted. The Board is awaiting final drawings with elevations to assist in the planning of any future repair considerations. Conrad stated he would contact Bob Tucker for the status of these drawings. New Business Fire Department- A general discussion regarding the development of a long term plan for facility maintenance issues at the Fire hall was conducted. Road Service Area — A brief discussion regarding the winter road maintenance performance was held. Breitung stated that he was concerned with the glacier that was building at the intersection of Lake Orbin Drive and Womens Bay Drive. His concern is that the ice has built up over twelve inches and that a dangerous condition will occur when spring rains begin. Budget Work Session: Lee requested that Kevin Arndt discuss the overall state of the area road discussion. Arndt stated that in his opinion the gravel roads are in need of placing a lift of gravel in most areas as the road surface gravel has been removed over multiple years of maintenance. He added that this is evident with the observation that after grading, large sub base material ends up on the surface of the roads and the fact that most large potholes return within a short time of the completion of the grading tasks. He stated that in order to properly clean the ditch lines, brushing should be considered to allow clear access to the ditches prior to any large scale gravel replacement projects are considered. A general discussion was held by the board while analyzing the budget preparation sheets for past budget performance and the recent budget overages, caused by recent increased winter maintenance requirements. Lee asked Arndt to discuss the actions of Service Area #1 regarding the increase of the mil rate for a defined period of time to top all of that service area's roads with gravel. Arndt stated that the Service Area #1 board had increased the mil rate by one mil for a three year period and designated the additional funds to ditch cleaning, brushing if needed and the placement of a several inch lift of gravel on the area roads. At the end of the three years the mil rate was returned to the original mil rate. General discussion regarding the impact and need to raise the mil rate was conducted. All of the present Board members commented on the prospect of considering a tax increase. The general consensus was that if there was a defined work program and the increase would be limited to a defined time frame, consideration would be made. Several board members stated that they needed to look at the budget with the projected increases. Conrad stated that he would prepare a budget comparison document looking at three separate scenarios. A no change budget, a '/2 mil increase and a 1 mil increase and would have it prepared for the next scheduled meeting and budget hearing. Board Member Comments: Breitung stated that he had accepted a position with a company in Anchorage and would most likely be resigning in the near future. He stated that he would inform the Board and KIBG formally as required when his decision was finalized. Next Regular Meeting and Budget Hearing were previously advertised for March 3, 2009 at 7:OOpm. MOTION: Griffin made a motion to adjourn. Seconded: Breitung Chairperson Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:45 pm Ca 6sic(__ Witness WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING / BUDGET WORK SESSION ORIGINAL March 3, 2009 Regular Meeting Call to Order — 7:12pm — John Isadore - Presiding Members Present —Scott Griffin, Dave Conrad, David Heuman, George Lee, Jessica Horn Excused — Craig Breitung Guests — Kevin Arndt, Dale Rice, Citizens Comments — Citizens Present - Cathy Wilson, Lisa McCormack, Jim Peterson, Andy Edgerly, Cheryl Bolen, Lonnie White, Amanda Henderson Approval of Minutes — Minutes of January 6, 2009 and February 10, 2009 were presented for approval. MOTION: Conrad made a motion to accept the minutes of January 6, 2009 and February 10, 2009 as presented. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Old Business Fire Department — SOP Status — SOP being developed and reviewed. Surplus of Old Engine — No bids at or above the minimum bid price of $7500 were received at the January 12, 2009 auction. Fire Department will need to consider alternatives for disposal of apparatus. Energy Upgrades — Project placed on hold for next fiscal year. (FY2010) Electrical fixture upgrades. Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. IFSTA Manual Purchase — FY09 Purchase pending Road Service — Hat Purchase — FY09 purchase pending. Demolition Saw Purchase — On Hold Communications Grant - In progress. Department contacted for list of radios to be replaced and/or reprogrammed. Older radios will be reused throughout the KIB for disaster /emergency use by various KIB departments. Fire hall Boiler Replacement RFP — Conrad stated he had been in contact with the MB Staff and was planning to speak to several local companies prior to participating in the preparation of the RFP for advertisement and bid request. Crack sealing project on hold until spring. Materials have been purchased by contractor. Answering Service — On hold. Awaiting KIB MIS for discussion regarding switch of phone companies. Last information was that Van Dyke of KIB MIS was gathering information. Suggested board contact VanDyke directly for status. Nixon Ranch Survey — Awaiting final action by MB Staff after legal description was received from the surveyor. Flooding Issue — Sargent Creek Road/Chiniak Drive — Additional work may be required in the spring. A discussion regarding resident involvement with correcting or improving drainage issues on their individual properties was conducted. The Board is awaiting final drawings with elevations to assist in the planning of any future repair considerations. Conrad stated he had contacted Bob Tucker. Tucker stated he would contact the surveyor. New Business Fire Department - Facility Maintenance Issues — Differed until next regular meeting. Road Service Area — Winter Maintenance — Isadore stated the area is receiving winter maintenance when required. Horn stated that the cross road culvert at the intersection of Chiniak Drive and Sargent Creek Road on Chiniak Drive had been covered with ice and compact snow when the contractor pushed back the recent snowfalls. Isadore stated he would evaluate the culvert area in the next several days. Board Member Comments — None Next Regular Meeting to be scheduled for April 14, 2009 at 7:OOpm. Adjournment — MOTION: Heuman made a motion to adjourn the regular meeting Seconded: Griffin Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 7:39 pm Public Budget Hearing: Call to Order — 7:40pm — John Isadore - Presiding Members Present —Scott Griffin, Dave Conrad, David Heuman, George Lee, Jessica Horn Excused — Craig Breitung Guests — Kevin Arndt, Dale Rice, Citizens Comments — Cheryl Bolen asked if the contract process and bid process for the Service Area contract could be explained. Isadore explained the general process and history of the road maintenance contract. Womens Bay Fire Service Area Budget Isadore asked Conrad to review the proposed budget and answer questions pertaining to the budget. Conrad reviewed the budget and explained the changes to specific line items as discussed in the work session. He added the if the boiler replacement and electrical upgrades were not completed during the current fiscal year that the board could request the use of unreserved fund balance monies to fund the upgrades in FY2010. Conrad stated that there were no significant changes to the program budget summary. MOTION: Lee made a motion to accept the Womens Bay Fire Department budget for FY2010 as prepared and presented. Seconded: Heuman Discussion — No further questions of comments were made pertaining to this budget. Voice Vote — Lee —Yes, Heuman — Yes, Griffin — Yes, Horn — Yes, Conrad — Yes, Isadore — No vote Motion Passed — 5 yes votes Womens Bay Road Service Area Budget — Isadore asked Conrad to explain the budget and alternatives as prepared based on the budget work session. Conrad asked the members to look at the budget work sheets that included the three alternatives as discussed. The first was the budget with no mil increase and the line item changes discussed at the work session. The second was the budget with a one half mil (.5) increase and the third with a one mil increase. Conrad stated that he had not projected the individual line item increases for the last two scenarios as these line items could be completed for a balanced budget based on the final mil rate. Isadore stated that the mil rate increase was being considered for a three year period to increase the revenues to allow focused attention to place a four inch gravel lift on the gravel roads throughout the area over the next two to three year period. His calculations showed an anticipated cost of $32,000 per mile including material and labor costs based on today's contract and gravel pricing. He estimated approximately $230, 400 based on his mileage check of the gravel road surfaces. Citizen Comments — Isadore asked if the citizens present had questions or comments: Andy Edgerly asked about specifics of the gravel cost sheet presented. He added that he thought the roads are adequate but understands that costs in general are increasing. He stated he believes that if the mil rate had to increase to perform maintenance that the smallest increase should be considered. Laura Slater sent an e -mail to Jessica Horn for reading at the meeting. Horn read; I am opposed to an increase if it is to be used for anything above maintenance use. This is bad timing due to the current economic conditions. Cathy Wilson asked for a clarification of the service district mil rates based on the overall KIB mil rate paid by residents. She stated that she understand peoples concerns and this may not be a good time for any large increases. She asked if the KIB General fund could be accessed for additional monies. The Board explained the concept of service areas and the independent nature of funding service districts in general. Lisa McCormick stated that she understands that no matter what has been driving up the monies spent for maintenance and snow removal that prices in general are all increasing. She stated that she understands the situation and that the Board should do what is needed to keep the road maintenance going. Jim Peterson stated he was concerned about the possibility of a mil rate increase and thanked the members for explaining where it is spent and the reasoning behind it. He stated he was not open to large dollar projects for the road service area. Lonnie White stated that he could see that the board is up against a hard decision but to consider the one half mil increase and the use of some of the fund balance rather than a full mil increase. MOTION: Lee made a motion to accept the Womens Bay Road Service Area budget for FY2010 with a one half mil increase. Discussion — Seconded: Conrad Griffin stated that with a one half mil increase there may not be enough of an increase to move forward with the addition of gravel as several of the past years had gone over budget. Horn stated that she believed this was the best choice and that with careful consideration selected projects to improve the road conditions could still be made. Voice Vote — Lee No, Heuman — No, Griffin — No, Horn — Yes, Conrad — Yes, Isadore — No vote Motion defeated 3 —yes to 2 — no votes MOTION: Griffin made a motion to accept the Womens Bay Road Service Area budget for FY2010 with a one mil increase over the current rate. Discussion — Seconded: Heuman Lee stated that although he did not want to raise taxes, he knows the roads need attention and the board should consider the three year increase to fund the needed work. Griffin stated that the board should review the work performed each year and decide if the increased mil rate must stay in place. He believes the gravel roads do need attention and a positive step to correct the current gravel road condition should be made now. Heuman stated that he believes the full mil increase to be prudent to keep the gravel roads in a condition where they can be maintained. Horn stated that she can not agree due to her discussions with service area residents and could not vote for this action. Isadore stated that he thought a full mil increase was too much but the current funding will not allow for the work required at this time. Voice Vote — Lee —Yes, Heuman — Yes, Griffin — Yes, Horn — No, Conrad — No, Isadore — No vote Motion Carried 3 —yes to 2 — no votes Budget increase to be reflected in the Repairs and Maintenance and Grading and Ditching to divide the increase of $50,000 for the gravel placement on identified gravel road section as required. The budget work sheets will be prepared and submitted by the chair for inclusion in the FY2010 KIB Budget preparation and approval. NOTE: On March 4, 2009 the Womens Bay Service Area Board was notified of a discrepancy in voting procedures as a result of a resident's complaint. This notification was made by the MB Clerk, Nova Javier to David Conrad, Acting Recording Secretary for the Board. Due to this voting rule discrepancy the previous vote regarding the Womens Bay Road Service Area budget was deemed invalid. To correct this action a Special Meeting is to be held on March 18, 2009 at 7:00 pm at the Womens Bay Fire Hall. The Special Meeting / Budget Hearing has been scheduled for the Womens Bay Road Service Area Budget portion of the meeting. The Board will conduct voting regarding business actions in accordance with the correction per Robert's Rules as its reference. MOTION: Conrad made a motion to adjourn. Seconded: Lee Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 9:30 pm • s . 0, Witness WOMENS BAY SERVICE AREA BOARD — BUDGET HEARING March 18, 2009 Call to Order — 7:02pm Roll Call — Members Present — John Isadore, Scott Griffin, Dave Conrad, David Neuman, George Lee — Comprising a Quorum of the Board Excused — Craig Breitung, Jessica Horn Guests — None Approval of Agenda MOTION: Isadore made a motion to accept the minutes of March 3, 2009 as presented. Seconded: Heuman Roll Call Vote — Isadore — Yes, Griffin — Yes, Lee — Yes, Heuman — Yes, Conrad — Yes Motion Passed - 5 Ayes, No Nays. Public Hearing — Opened at 7:08pm. MOTION: Lee made a motion to accept the FY2010 Budget for the Womens Bay Road Service Area as prepared with no significant changes. Seconded: Griffin Citizens Comments — None Public Hearing Closed at 7:12 pm Board Discussion — Isadore stated that he felt passing the budget without a modest increase would result in the maintenance going backwards. He believes although he does not want the mil rate to increase, costs are going up no matter. Griffin stated that he also believed the mil rate required a modest increase to keep up with rising cost and the recent snow removal costs. 1 Heuman stated that he had time to rethink the previous meeting and the citizen comments from that meeting. He believes most citizens present understood that an increase was coming but that a modest increase may be best at this time. Roll Call Vote — Isadore — Yes, Griffin — Yes, Lee — Yes, Neuman — Yes, Conrad — Yes Motion Passed - 5 Ayes, No Nays. MOTION: Conrad made a motion to amend the original motion to increase the FY2010 Budget by increasing the mil rate by one half mils (0.5) to a level of 2.5 mils with the intent to plan to utilize a portion of the unreserved fund balance to augment the budget as needed. Seconded: Lee Discussion — None Voice Vote on the Amendment - Isadore — Yes, Griffin — Yes, Lee — Yes, Heuman — Yes, Conrad — Yes Motion Passed - 5 Ayes, No Nays. Voice Vote on Main Motion as Amended - Isadore — Yes, Griffin — Yes, Lee — Yes, Heuman — Yes, Conrad — Yes Motion Passed - 5 Ayes, No Nays. MOTION: Heuman made a motion to adjourn. Seconded: Griffin Meeting Adjourned at 7:40pm Chairperson Witness NOTE: On March 4, 2009 the Womens Bay Service Area Board was notified of a discrepancy in voting procedures as a result of a resident's complaint. This notification was made by the MB Clerk, Nova Javier to David Conrad, Acting Recording Secretary for the Board. Due to this voting rule discrepancy the previous vote regarding the Womens Bay Road Service Area budget was deemed invalid. To correct this action a Special Meeting is to be held on March 18, 2009 at 7:00 pm at the Womens Bay Fire Hall. The Special Meeting / Budget Hearing has been scheduled for the Womens Bay Road Service Area Budget portion of the meeting. The Board will conduct voting regarding business actions in accordance with the correction per Robert's Rules as its reference.