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2012-10-18 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 18, 2012, 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 — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Longevity Award C. Kodiak Island Borough Volunteer Special Presentation 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. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -011). 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reconsideration of Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492 -9202 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant. 2. Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and Erick A. Strahl as Manager. B. Resolutions 1. Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held October 2, 2012. C. Ordinances for Introduction 1. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3 Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). 2. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. D. Other Items 1. Administer Oath of Office to Newly Elected Officials. 2. Presentation to Outgoing Assembly Members. 3. *Declaring a Seat on the Womens Bay Service Area Board Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings B. Reports 1. Kodiak Island Borough School District Board Regular Meeting Summaries of August 20, 2012 and September 24, 2012; and Special Meeting Summary of August 30, 2012. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (8551492-9202 and Local 486 -3231. Page 2 of 2 0 Q4 ., KODIAK ISLAND BOROUGH ,,.a °6 AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 9.A TITLE: Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P&Z Case 13 -011). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -05, P &ZC Resolution FY2013 -04 (unsigned), P &Z Case Packet, Related Materials and Decision Letter APPROVAL FOR AGENDA: SUMMARY STATEMENT: The KIB Resource Management Officer has requested an expedited review of this tax foreclosed property 1311 Larch Street due to its deteriorated condition and the prospect of substantial borough effort to protect the remaining value of the property before the onset of winter. The Commission has reviewed this property as required by KIBC 18.30.020 and found that there is no compelling public purpose that would justify the borough to keep the property and the City of Kodiak was offered the property and declined that offer. The Commission held a public review of this case at its September 19, 2012 regular meeting. A copy of the resolution (unsigned at time of submittal) and other related case materials are provided for the Assembly's review and consideration in accord with the applicable provision of KIBC 18.20 (Real Property Disposal — In General). RECOMMENDED MOTION: Move adopt Ordinance No. FY2013 -05. Kodiak Island Borough Page 1 of 1 Requested by: Borough Manager P &Z Commission 2 Drafted by: Community Development 3 Department Introduced: 10/04/2012 4 Public Hearing: 10/18/2012 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -05 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND 12 ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING 13 THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING 14 THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 13 -011) 15 16 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 17 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 18 19 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: 20 21 a) The municipality shall determine by ordinance whether foreclosed 22 property deeded to the municipality shall be retained for a public 23 purpose. The ordinance must contain the legal description of the 24 property, the address or a general description of the property 25 sufficient to provide the public with notice of its location, and the 26 name of the last record owner of the property as the name appears 27 on the assessment rolls. 28 29 b) Tax - foreclosed property conveyed to a municipality by tax 30 foreclosure and not required for a public purpose may be sold. 31 Before the sale of tax - foreclosed property held for a public purpose, 32 the municipality, by ordinance, shall determine that a public need 33 does not exist; and 34 35 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed 36 this tax foreclosed property as required by KIBC 18.10.030 and has made a formal 37 recommendation by resolution on the parcels disposition by recommending that this 38 property should NOT be retained for a public purpose; and 39 40 WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's 41 action, as required by KIBC 18.10.030; and 42 43 WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed 44 property described Lot 17, Block 7, Baranof Heights Subdivision 1s` Addition is declared 45 not to be of "public need" and be offered for immediate sale; 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 48 BOROUGH THAT: 49 50 Section 1: This ordinance is not of a general and permanent nature and shall not 51 become a part of the Kodiak Island Borough Code of Ordinances. 52 Kodiak Island Borough Ordinance No. FY2013 -05 Page 1 of 2 53 Section 2: Lot 17, Block 7, Baranof Heights Subdivision 1 Addition has been 54 acquired by the Kodiak Island Borough by clerk's deed pursuant to tax 55 foreclosure and it has been determined that a public need does not exist 56 and the property will be sold at the earliest opportunity to do so. 57 58 Section 3: The manager is directed to offer the property immediately by sealed bid 59 auction and the highest bidder will take ownership. 60 61 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% 62 deposit based on the minimum bid amount shown in the bid packet. The 63 remaining balance must be paid within thirty (30) days. 64 65 Section 2: If the property remains unsold after being offered for sale by sealed bid, the 66 property may be listed online for sale to any approved party for at least the 67 minimum cost. 68 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS DAY OF 2012 72 73 74 KODIAK ISLAND BOROUGH 75 76 77 78 Jerome M. Selby, Borough Mayor 79 80 ATTEST: 81 82 83 84 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -05 Page 2 of 2 Public Hearing item y -A P &Z - Septemberr 19, 2012 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -011 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: A Title 18 Land Disposal review, per KIBC 18.20.030.A — Review by Planning Commission, regarding the disposal of a tax foreclosed property described as Lot 17, Block 7, Baranof Heights Sub. 1 Add. LOCATION: 1311 Larch Street ZONING: R2- Two - family Residential SUMMARY This request is for a disposal of a tax foreclosed property as described in the Resource Manager's memorandum dated September 4, 2012. The property is distressed and the borough would like to make it available for disposal before it requires substantial repairs due to fall and winter weather. The City of Kodiak which typically gets an option for tax foreclosed properties so it will be up to the borough to arrange for disposal. There is no public use designated for this area that either the site or the structure would be suited. RECOMMENDATION Staff recommends that the Commission approve Resolution No. FY2013 -04 recommending that the assembly dispose of Lot 17, Block 7, Baranof Heights 1st Addition as surplus to the borough's needs. Staff Report - Page 1 of 2 Public Hearing item 9 -A P &Z - Septemberr 19, 2012 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1St Addition as surplus to the borough's needs. FINDINGS 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. Staff Report - Page 2 of 2 NubIIC Hearing Item 9 -A P &Z - Septemberr 19, 2012 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF TAX FORECLOSED PROPERTY DESCRIBED AS LOT 17, BLOCK 7, BARANOF HEIGHTS SUBDIVISION 1 ADDITION. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land requested is surplus to the Borough's need; and, WHEREAS, the disposal of tax foreclosed property has been requested by the borough Resource Manager; and, WHEREAS, the Planning & Zoning Commission has found that the parcel identified below for disposal is surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on September 19, 2012 and is recommending the disposal of the following parcel: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in the Lot 17, Block 7, Baranof Heights Subdivision 1 Addition. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on September 19, 2012, that the aforementioned property is hereby surplus to the public's need. Section 3: The commission recommends that the Assembly declare the property surplus and direct the borough manager to undertake the disposal of said tax foreclosed property. Resolution - Page 1 of 2 Nubllc hearing Item 9 - P &Z - Septemberr 19, 2012 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 19 DAY OF SEPTEMBER, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Resolution - Page 2 of 2 Fubllc hearing item y -A P &Z - Septemberr 19, 2012 c .'E ` 1 f „.-- Kodiak Island Borough ,,,+,...::, �° * lr�� OFFICE of the MANAGER i* '= e r� ; 710 Mill Bay Road { 3,x Kodiak, Alaska 99615 2� , �. � Phone (907) 486 -9304 Fax (907) 486 -9374 ' E-mail: rscholzeRkodiakak.us t: To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office`2 t Date: Sept. 4, 2012 Re: Disposal of Foreclosed Property (Lot 17, Bk. 7, Baranof Heights Subd, l Add.) From time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one -year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction Borough Code Section 18.10.030 specifies that property acquired by the Borough through tax foreclosure be reviewed by the planning commission for "...recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance to the borough comprehensive land use plan." In addition, KIBC 18.20.030 states that "...each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal." This property is located within City of Kodiak municipal limits. According to State Statute (AS 29.45.450), the municipality in which a foreclosed property is located can be deeded the property for taxes owed plus penalties and interest if it wants. In this case, the City has declined. The house on the property is in extremely poor condition and has been determined by the Assessor to have salvage value only. Without immediate attention before winter, the condition of the home will further decline, which makes it important to expedite it through the disposal process. Attached is back -up documentation consisting of the Assessor's report, the City's determination, and photos. Application - Page 1 of 9 I f UDnc Hearing item 9 -A P &Z - Septemberr 19, 2012 Robert Scholze From: Bill Roberts Sent: Friday, August 17, 2012 2:42 PM To: Karl Short; Dora Cross; Robert Scholze Cc: Debbie Rippey; Jack Maker Subject: 1311 Larch Street; Ferres Home Karl, et al, This morning Debbie and I accompanied Jack to the Ferris home on Larch Street. Our purpose was to gather information as to the physical condition of the home to better appraise the property. You are probably already partially aware as to what we found. Basically, the home "as is" ishabitable. The general state of the property is very poor with particular items noted: 1) The boiler has been removed so there is no heat source. 2) The roof cover is at the end of its physical life and needs immediate replacing. The roof deck, at least from an inspection from the attic space, appears to be basically sound, amazingly enough. 3) Junk and left behind personal property covers the floors and the grounds. 4) Water is seeping through the back wall in many places and the lower level floor is wet, almost throughout. This indicates that the foundation drainage system has failed and probably needs to be totally replaced. 5) There is a bulge in the rear wall on the south end next to the entry to the garage which could indicate structural damage, but further more in depth inspection by a contractor is needed. 6) Lower level bathroom is destroyed and holes cut in the ceiling and floor indicating possible plumbing problems under the concrete slab. 7) All floor cover is either missing or in extremely poor condition. 8) Signs of rot on exterior of almost all windows and doors and some broken window panes. 9) Exterior siding needs repair, power wash and paint. 10) Fascia boards appear rotten. 11) Missing soffits. 12) Some mold growth in upstairs closets. 13) Kitchen is trashed and lacks working appliances. 14) Fuel oil tank has rust at bottom and needs to be fully inspected. OTHER CONCERNS: Without immediate attention I would expect that the mold growth will blossom throughout the end of the summer and into the winter. If left unheated I would suspect even more severe damage by spring, although when looking at the needed repairs this may be a mute point. At any rate, for the assessment records I have given the improvements a 20% salvage value. To derive a hard number to value this property we would need a complete home inspection (Steve Dryden is licensed) and some hard costs for repairs. This can be used to compute the repaired value and thus the present value less an entrepreneurial profit. I am not sure what our legal position is if we value the property and sell it and the heirs come back and feel we did not sell it at actual market. Can they sue us. I strongly recommend we act quickly on this property as we do not wish to own it through the winter and do not wish to put the money into it to ensure no further deterioration, if further deterioration is possible. At the very least we need to make sure the roof doesn't start leaking, replace the heat source, and stop the water intrusion inside the home to stop the inevitable march of mold. - Bill Application) Page 2 of 9 Dubuc Hearing item 9 -A P &Z - Septemberr 19, 2012 Robert Scholze From: Kniaziowski, Aimee <akniaziowski @city.kodiak.ak.us> Sent: Tuesday, August 28, 2012 8:33 AM To: Robert Scholze Cc: Karl Short; Dora Cross; Mary Pinkel; Bud Cassidy; Jack Maker Subject: RE: KIB foreclosed property within the City Bob, Thank you for the information on the property you've described. As you . probably know, it's been the City Council's policy that the City will not request tax foreclosed properties with buildings on them (especially residential buildings) be deeded to the City. Upon review of the referenced parcel, it isn't in the City's best interest to have the subject parcel deeded to the City. Please contact me if you have further questions. Aimee Kniaziowski City Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486 -8640 Fax (907) 486 -8600 From: Robert Scholze fmailto:rscholze©kodiakak.usl Sent: Monday, August 27, 2012 5:26 PM To: Kniaziowski, Aimee Cc: Karl Short; Dora Cross; Mary Pinkel; Bud Cassidy; Jack Maker Subject: KIB foreclosed property within the City Amiee: As part of the tax foreclosure process, the Borough has received a Clerk's deed for the property at 1311 Larch St. (Lot 17, Bk. 7, Baranof Heights 1" Add.) within City limits (see attached photo). The dwelling has been secured with new locks and the property exterior cleaned up. The next step will be to advance this property toward a land sale, pending review by the Planning and Zoning Commission and determination by the Assembly that it is surplus to a public need. Until time of sale, the previous owner retains a right of repurchase. According to Alaska State Statute (29.45.450), a foreclosed property can be deeded to the municipality in which it is located if the municipality wants and pays taxes owed, as well as penalties and costs of foreclosure. The structure is in extremely poor condition. To this point, also attached is an evaluation of its condition by the Borough Assessor. I should like to know as soon as possible if the City might have an interest in paying delinquent taxes owed and taking deed to the property, so that, if not, we might otherwise schedule it for Planning and Zoning Commission review on the next agenda (deadline is Sept. 4' to initiate the process of disposal. Thank you. Bob Scholze Application - Page 3 of 9 NubIIc Hearing item 9 -A y •efri a u - ' 2012 .,,- v i i <c e H ' — W J ": -- -' z K1 :j ' e L f i - _ I 1 ? ( ' le 403. ' +, � _�— 7 I r l' I� I' t { d i r A 6 V' � r l. ' s K ! y' iii = a � " ' Ti � 3 f. .. 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J, [�3r ` I''''s r .y .t� "„� " r. z• f _ 111 l 41 � 4 t f I ' Sl : : 4 a ,,/� x x. F '� .tq Ito 3 , p E Car' ' 1 t k w' 1 f ` �, I ,. • ° r . a te , a 4 i ,1 .7g • , ., i 1 . t x ar a• " 3 i d„. 4 2 ( t ii , 2 s. ‘1;.E. ; 4 a < ' •, � t t t! Q (t• ' ';g+ w_ ' „ fit* 40 ' .tf i t laR °� J q b p J • "T ,..> ♦ . 5 . 3 `f, .G �Inn f � i � < y • Y T 3 l F '. y V µ4" e a n "A ✓� js y � / ' y T.0 .l x ,' .+o r ti f . a n .4 410L4 • ce t 1.A �F i AF - . } e _ fi �p �u r ; ',Ft ,`' 0 8 t / 1'6 / 2 012 11 g1 1 12 ,.1 4 ¢ 4' ii" _i _ w1 t ' � �.. r d " t -t ., '�, +� ` icy- '.tT"i' „�.. J i k , at Page 7 of 9 Application - NUblic Hearing item 9 -A P &Z - Septemberr 19, 2012 August 16, 2012 photos of KIB Foreclosure Property Baranof Heights 1 Addition Block 7 Lot 17 / 1311 Larch Street k\ ; f sy , f } y .. ` a � f - t ,. K i 4 4', c ,4 F 4 . �J 3 + R .Y . A. f y i i e J i. � po ,- .�sib : r ., •mac._. '�. " ,� x px rte "° w er } t K '§ . �+p, n & o ,,. F" y '',r, ,,,'r Y� .�' ,• t ic' '}3 - `fi r ' x ,.%, , L 4 , w. , x '"., p . 4 -P 4 " 4 .� j ,a 1. �\ a p., g F { q 14 1 . ; '' ;4 ' : - -: 2 ' > „ } } w q �s i t pf Y k 3 �f: — Yx L F\,1 -F + 1 } * i � "" em u« c i t R '' Z' 5 t `Er t i ' w -- X tb a ; Ky '1 .4 44 y@ �. A l� 1 � 1 _. I. i ;r f 1 4' 144- 11 g '14";;;5"- y� 4 t o ^ g9 s7 2© • qq . yn if?) ,,A4 \ ` At ll � 16 J P , µ 4 NM GIi fY . 1 i'1 e l e Application - Page 8 of 9 NUDIIC Hearing item 9 -A P &Z - September/ 1Q, 2017 Kodiak Island Borough Community Development Department Submit by Ema -"*. .. , �•; ' 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 r �y 11 Ph. (907) 486 9362 Fax (907) 486 9396 I Print Form http: / /www.kodiakak.us Administrative Request Applicant Information: Property Owner / Applicant: ri,')1 K IS L c u prt,7 779 Mailing Address: 71e MIl-L . / i e k Phone Number: VA , _ 77 301 /< Other Contact email, etc.: (4 r I. u l Ze (0_ cc-j ick c• -k - C• r i Agent & /or Surveyor: II J / 1 � n ' Mailing Address: 1 C Phone Number: t Other Contact email, etc.: Nature / Purpose of Request: /Z7t. 650– PJR` ttL'. ' ±A4 c(tc ilia , p i 1129 .oso,4 —A--2_. , e .. r Property Information: �1 i ' wcf . Legal Description: Subdv: 87)4 4 (k4 Li .c,„,b )• I I -lrfd Block 7 Lou f '1 - 2 Current Zoning: �1 Applicable Comprehensive Plan: Present Use of Property: Rte: ken LA_ I am providing additional information in the form of: Additional Narrative/ History : X As -built Survey: Maps: Photographs: x Other: Date: �0 /Z_ Signature: ,,,, 71 e) 1 Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Reconsideration of P &Z Commission Decision KIBC 17.215 F $150.00 Appeal to P &Z Commission KIBC 17.220 r $350.00 P &Z Commission Site Plan Review KIBC 17.130.020 11 ) r $150.00 P &Z Commission Screening Approval KIBC 17.105.060 I F $150.00 Title 18 Land Disposal Review KIBC 18.20.060 A $350.0 Postponement at Petitioner's request - Public Hearing Item AUG 2.9 2012 F $100.00 Postponement at Petitioner's request - Non - Public Hearing Itepi r $ 25.00 Other 1 1 !axis ' ,(i' cumin $150.00 47 n s t f ;nartment qv Date: 7 _ CDD Staff: , (� � ' t J r Ii/ ` ti-- Application - Page 9 of 9 " , KODIAK ISLAND BOROUGH no . ...%-„, AGENDA STATEMENT XTk is no REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 12.A TITLE: Reconsideration of Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. ORIGINATOR: Borough Clerk FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number Amount Budgeted: ATTACHMENTS: APPROVAL FOR AGENDA: !o SUMMARY STATEMENT: On October 5, 2012, Assembly member Friend seconded by Assembly member Stephens filed a motion to reconsider the vote taken on the "Other Items" titled above. At the Assembly meeting, Assembly member Friend should make the motion to reconsider. Once the motion is seconded, discussion should be focused on the reason to reconsider the vote. As the maker of the motion, Assembly member Friend should speak first. If the motion to reconsider passes with a majority vote, the original motion will be before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained on any specific vote even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. RECOMMENDED MOTION: Move to reconsider the vote taken on the Other Items agenda item directing the manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24 a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of this motion that, until such an ordinance has been passed and becomes effective, said contract, purchase orders, and directives, if any, shall be treated as if never executed. Kodiak Island Borough Page 1 of 1 // RECONSIDERATION AFFIDAVIT IcAA/tb / f l1� e , having voted on the prevailing side, file my intent to reconsider the vote taken on the Other Items Agenda Item Titled: Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. Signature SUBSCRIBED AND SWORN to before me this 5 October, 201 klar _Lamar if r10TARy fo Notary Public In and F Alaska - • • r My Commission Expires: 11., R IG / U �. I, j � e 5- ?}vPry S _ , a 2 , second the reconsideration affidavit filed by Assembly membe' Jerrol Friend. Signature SUBSCRIBED AND SWORN to before me this 5 October, 2012. ``\\\ ��t�a y' J,''��: 4:� Z; Notary Public In and yor Alaska -• My Commission Expires: till ' " "IIlttUt KIBC 2.17.070 A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. the assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk. n n A A A i Kodiak Island Borough t MEMORANDUM TO: Honorable Mayor and Assembly Mem ers of the Kodiak Island Borough :t, THROUGH: Bud Cassidy, Administrative Official FROM: Karleton Short, Finance Director SUBJECT: Kodiak Construction Services DATE: October 10, 2012 As requested we have prepared a spreadsheet showing contract 2012 -24 and the related purchase orders under this contract issued to Kodiak Construction Services and the amounts paid. At this time all work associated with this is complete. If you have any further questions please feel free to contact one. Kodiak Construction Services 10/9/2012 Invoices paid 4/30/12 thru 10/10/12 Contract 2012 -24 FY13 PO Date PO Amount Expenditures Work Performed 1 Landfill Expansion 7/17/2012 $ 24,870 $ 6,760 Landfill Expansion Construction Inspection /On site Owner's Rep 2 Long Term Care Center 7/17/2012 20,645 7,865 LTC GC /CM RFQ prep 3 KHS Addition /Renovation 7/17/2012 24,610 20,800 Project Manager RFP prep KHS Addition /Renovation; Owner's Onsite Rep 4 KMS Concrete Repair 7/17/2012 2,500 3,055 RFB prep KMS Concrete Repair 5 Northstar Exterior Paint 7/17/2012 21,620 4,550 Northstar RFB prep - develop specifications /prebid conference /addendum prep 6 Old Harbor Generator 7/17/2012 2,500 130 Old Harbor Generator develop RF0 specifications 7 East Elem. Generator /Building 7/17/2012 260 260 East Elem. Generator Fuel Oil spill inspection 8 KHS Soil Remediation Ph. II 7/17/2012 10,000 260 Field Inspection KHS Soil Remediation Ph. II 9 Karluk UST remove /replace 7/17/2012 1,500 780 RFB prep Karluk UST removal /replacement 10 Karluk Generator 7/17/2012 1,500 390 Develop RFB specifications Karluk Generator 12 COE Permit Landfill 8/10/2012 3,500 910 Corps of Engineers Water Diversion permit (Reed Oswalt) 13 Anton Larsen Dock 9/26/2012 2,500 520 Anton Larsen Dock RFP prep for Design 14 Women's Bay Tsunami Shelter 9/26/2012 5,000 585 Women's Bay Tsunami Shelter RFP prep for Design $ 121,005 $ 46,865 KODIAK ISLAND BOROUGH "' t AGENDA STATEMENT �h y REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.A.1 TITLE: Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant. ORIGINATOR: Projects Manager FISCAL IMPACT: x Yes $ 2,044,503.00 or ❑ No Funds Available x Yes ❑ No Account Number: 490 -703 430.140 07013.5 Amount Budgeted: ATTACHMENTS: Contract & Attachments APPROVAL FOR AGENDA: j SUMMARY STATEMENT: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This is for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant as shown in the proposal documents prepared by CH2MHill, Inc. The Proposal Documents, Bid Documents and associated Addenda were provided for you review. Proposals were received in response to KIB's Invitation to Bid dated July 16, 2012. Two proposals were opened on August 16, 2012. After reviewing proposals and responses to the evaluation questions, Staff has determined that ZENON Environmental Corporation d /b /a GE Water & Process Technologies of Oakville, Ontario, Canada is the responsible proposer having submitted the lowest responsive proposal. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013 -12 for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant Project with ZENON Environmental Corporation d /b /a GE Water & Process Technologies of Oakville, Ontario, Canada in an amount not to exceed $2,044,503.00. Kodiak Island Borough Page 1 of 1 Proposal Tabulation Kodiak Landfill Lateral Expansion Ph. Ill, Membrane Equipment System procurement Negotiated Price I Total Supplier (Base + Alt's) 1 $ 2,044,503 $ 2,044,503 GE Water & Process Technologies I 2 $ 2,927,056 $ 2,927,056 Ovivo USA C'-/ )6 r A15,1b/3 -5410/s /3. 19 • / KIB Landfill Leachate Treatment Plant Design and Construction Schedule .e4 Marna 1_ Elaa ,n n 3 Ma� _ w3 , w— L.�_Ls�P w Mrv_ L__Ge _Feb — r Mar _,� w�� s.P�� *-'c°T � P lwe 3 oa.l°.I — — •.n 51mes memo 4 w3 Penns w.nIece.an -. — r Final Preesemn Marne B 75 . 55 5155 Fn 5557 6_ MIR Prapurchm 52 55 . W 51,53 / 12 75 / 155 e na u; n IC ay. �¢ • 105 for SIBS 1q14 5M121 -' _ _ 5 Pwim' 8.1/1 111/ 6(20//P _ _ 510 rnn w . Ent chart Sl. 0 days Fn En 4/12 Fn 51512 /4 al�, ssuld wln „ M 3 .�a — s. 355 eda Estimate I chart n 1 Fn x — Sen2 ISIS Insew vx .. MP.avai. 20 des z 10 • ir Thr LAP it Stearn S nv1 1 15 dry. bu13 B/57.5512 I _3 S drye M in 2/1/13 WAIC•ri *Co • 3/1 15 3 0 %OmUli ac4 s 5 151512 nri 5512 / 5 d n. 55 1515 F O Nr. M ENGCi1 ,IR 30 cm) unorr °th2 Ss 5512 F " 11517 ? tn • 33 Bu _ Meld OUtllrS 540444 • I 2O ay. w M Z12 I Anse M rd OWieling w n121413 O days w /1/13. w m day. _____. r...,.."..", z,... Somv 3� _44.321 � 0%CUf x'4.P 15 dry 3/l ExGC n -1123 4a s CAD 5 eanv /nl2 44 e5 Imnl Renew 5d'v Mon 12.512 FlIZ7112 dB r17 KIB was IprlPacYay Gens 8 1213 Wad nom < 2 9 N w 0dan IZ1 1:1 3 T.1551 5'13 _3 _ mI 1 0dnn 23 i 31u 1 /2/13 _ _ CAO 11 PrvYw Se.n 1/2113 Fn 1/25/13 2 ti ll _ _ os 11513 N bd woo O Aeln Phan 20 0 Y. [2 vim Thu 2 5B 115 in 31513 Fn 51515 5B Pwe 2c S II.11./aedn 00 aa. 6o ME51 Fabneaben and Delivery -50 e„, en, zens s 0,2512. . 5 1/4252 i n Se051551/ pa a. 9 n 9 nsi 1 3/1 3 suns I m 1 / 5 3 5z 5 T. 20 ears Men 521513 n111 ..x 01 BrennsarY External Minton O IncOve Sums, 0 D Manual 5 unmary Ran u.xWy 3 Cali 7.5452nau 35c7NUa es 27t aa..5 Sna nacn .M1 I Mann! eill■SIMIKI Manual Summary III......• nr 55n5 • Externs/ Teske 001 Ma in0 sten ma pi/W9 sndam Now. c 0. p 55555 o Budget Budget Budget Funding Phase I Phase II Phase Ill $ 3,838,720 $10,374,400 $ 6,592,000 $ 20,805,120 $ 2,612,000 loan $ 6,033,000 loan amendment $ (18,245,000) $ 3,000,000 mm grant $ 3,000,000 leg. Grant $ 2,560,120 $ 3,600,000 bonds $ 18,245,000 $ 5,818,548 FY13 loan $ 2,105,500 $ 20,350,500 CH2M HILL 949 East 36 Avenue. Suite 500 Anchorage. Alaska 99508 CIH El ILL Tel 907- 762.1500 Fax 907 - 762 -1595 February 29, 2012 Ken Smith Kodiak Island Borough Engineering & Facilities Dept 710 Mill Bay Rd. Kodiak, AK 99615 Subject: Proposal for Professional Services Kodiak Island Borough Landfill Lateral Expansion Phase 3 Leachate Treatment Plant Design Dear Mr. Smith: CH2M HILL is pleased to submit a cost proposal to design and provide construction support for a proposed Leachate Treatment Plant at the Kodiak Island Borough (MB) Landfill. This scope of work is based on the following assumptions: • The scope of work includes a package treatment plant housed in a pre - engineered metal building, exterior pump station, access road, required drainage facilities within the building, and interconnecting piping with existing discharge system. • The level of effort and scope are based on Membrane Bioreactor (MBR) technology. If the predesign analysis indicates that a different technology will yield significant construction or operational savings for MB, then we will re -scope the remaining design effort accordingly. • Existing physical and chemical leachate data from Kodiak (existing leachate) and Unalaska (future leachate) have been evaluated for treatment, and will be reviewed and re- evaluated during predesign. It is assumed that the 10 years of leachate data from the existing landfill at Kodiak is representative of existing leachate, and the current leachate data from Unalaska is representative of future leachate from the Kodiak lateral expansion. • To save time and contractor markup, the treatment package and the pre - engineered building will be purchased directly by MB for Contractor installation. Separate procurement packages will be prepared for these components. The remainder of the project will be bid in a single package. • Pretreatment of the leachate will consist of fine screens and grit removal (if required). No post treatment of the permeate from the MBR process will be required. Sludge from the treatment process will be dewatered using a centrifuge on site and will be discharged to a truck for disposal at the landfill. • Effluent from the treatment plant will be discharged at the weir of the existing wetland treatment system. Existing media in the wetland treatment system beds will be removed. The trickling filter (upper pond) will be removed from service and the effluent from the treatment plant will be discharged to the lower beds as surface flow 1 over the weir. The design scope at the wetland treatment system is limited to media removal and inlet piping. • Yard piping from the pump station to the treatment plant and from the treatment plant to the discharge is included in Phase 3. Phase 3 construction will also include the following maintenance and final connections of the leachate system: o Continuation of interim leachate pumping operations (from seep cutoff walls to the wetland treatment system) from end of Phase 2 contract to end of Phase 3 contract. o Connection of Manhole C to LMH 2 at completion of the Treatment Plant construction o Demolition of the existing squeezings sump and connection of the new squeezings tank o Removal of the existing oil /water separator and existing (old) squeezings tank • 208 V power will be provided to the site by KEA and will be arranged by KIB. The 208 V power will be stepped up to 480 V via transformer. Select equipment including larger pumps and the centrifuge will use 480 V power. KEA will develop the transformer specifications based on the sizing requirements developed in the design.. Backup power will not be included in this project. • Flow to the treatment plant from the lift station will be in the range of 300 -400 gallons per minute (gpm). • The treatment plant will be housed in a single 85' x 100' pre - engineered metal building constructed on a slab on grade foundation. The building and components will be designed according to the current versions of following codes: IBC, NEC, NFPS 820, IES Lighting Handbook. • The building will be located north of the leachate lagoon, within the Greenbelt. We assume that KIB will evaluate and resolve zoning issues associated with this location. • The existing wetland treatment system will remain in operation to receive and treat leachate until the new leachate treatment system is operational. • KIB will clear trees (if needed) and excavate up to 3 test pits in the vicinity of the selected building location to confirm subsurface conditions for the building foundation design. CH2M I -TILL will provide staff to document the test pits during excavation. • Building foundation will be concrete slab on bedrock or on densely compacted fill on bedrock. • Potable water will not be available at the site. Plant water needed for the building as washdown water will utilize treated plant effluent that will be stored in the building. Treated effluent will be used to make the required dilutions for cleaning chemicals. • A total of 82 drawings are assumed for the project (Attachment A, not including drawings by others). Drawings will be prepared using CH2M HILL drawing standards. The drawings and specifications will be provided in pdf format for construction. • Deliverables over the course of the project will be posted electronically to the KIB ftp site. Printed copies will not be provided. 2 • Review meetings with KIB following each of the design phases ( Predesign, 35 %, 65 %, 95 %) will be conducted over the phone. • The treatment plant will initially only treat leachate from the landfill. During the predesign, we will investigate and provide recommendations for the treatment of future sanitary sewer flows from borough residents along Monashka Bay Road. The treatment plant will not initially be designed to accept these flows, but space in the building will be included to accommodate future domestic treatment We propose to complete the following tasks. Task 1 - Predesign CH2M HILL will review the existing leachate data from the existing landfill and the forecasted leachate flow and concentrations from the lateral expansion. The leachate from the two sources will be collected in the leachate lagoon constructed as a part of the landfill expansion project. The treatment plant design will be based on currently available data. Actual leachate characteristics will vary over the life of the landfill. Additional data collection and analysis are not included in the scope. A duplex submersible pump configuration lift station with VFDs will feed the leachate flow to the treatment plant. The flow rate will need to vary with the weather conditions to control the water level in the leachate lagoon. During wet weather the flows will be higher to empty the lagoon for subsequent storms and during extended dry periods, the flows will be lowered so that the lagoon does not completely drain and can continue to feed the treatment plant. It is assumed that the treatment facility will be located in the Greenbelt. The actual location in the Greenbelt will be determined during the predesign. Using the design data, two wastewater treatment technologies, including membrane bioreactors (MBR), will be evaluated for their effectiveness in treating the anticipated leachate. Associated capital and operation costs will be evaluated. The treatment plant will be designed to treat the leachate to meet the Federal Effluent Limit Guidelines for landfills and the State of Alaska surface water quality standards, as shown in the following tables: Landfill Effluent Limitation Guidelines (from 40 CFR 445) Regulated parameter Maximum Daily (mg /L) Maximum Monthly Average (mg/L) BOD 220 56 TSS 88 27 Ammonia (as N) 10 4.9 a- Terpineol 0.042 0.019 Aniline 0.024 0.015 Benzoic acid 0.119 0.073 Naphthalene 0.059 0.022 p- Cresol 0.024 0.015 Phenol 0.048 0.029 3 Pyridine 0.072 0.025 Arsenic 1.1 0.54 Chromium 1.1 0.46 Zinc 0.535 0.296 pH 6.0 -9.0 6.0 -9.0 State of Alaska Water Quality Standards (from 18 AAC 70) Pollutant Criteria (based on Fresh Water Class (1) (C) Color may not reduce depth of the compensation point for photosynthesis Color activity by more than 10% or < 50 color units Fecal Coliform N/A Dissolved Oxygen > 7 mg/1 Dissolved Organic Substances TDS < 1,000 mg/I Petroleum Hydrocarbons Total Aqueous Hydrocarbons < 15 pg/I PH 6.5 -8.5 See concentrations in Alaska Water Quality Criteria Manual (Aquatic Life Radioactivity for Fresh Water category) Residues Residues are not allowed Accumulation of fine sediment in 0.1 mm to 4.0 mm range may not increase Sediment more than 5% above natural conditions < 20 deg C at all times and < 13 deg C (spawning and egg & fry incubation) Temperature or 15 deg C (migration and rearing areas Toxic and other deleterious organic ** See concentrations in Alaska Water Quality Criteria Manual (Aquatic and inorganic substances Life for Fresh Water category) Turbidity < 5 NTU **Landfill effluent sample data from sample location L -1 (1998 -2010) were compared to the limits in the Alaska Water Quality Criteria Manual. There were no apparent concerns with these pollutants, however, there were some pollutants listed in the manual for which there were no sampling data. No additional sampling is proposed prior to design. Additional sampling and designing for different characteristics, not addressed in existing data are not included in this scope. A draft predesign memorandum will be submitted to KIB for comment and to receive acceptance for the recommended treatment alternative. Comments will be incorporated into the final predesign memorandum. Assumptions: • KIB will provide review within 5 calendar days 4 • Drawings for the predesign phase will consist of a site plan and process schematics. • CH2M HILL will evaluate treatment capabilities and prepare /confirm construction and operation cost estimates for two treatment technologies Deliverables: • Draft and final predesign memorandums, electronic delivery • Response to KIB comments, electronic delivery Task 2 - Prepare Procurement Packages The purpose of this task is to prepare two procurement packages for KIB to prepurchase the treatment package and the materials for the pre - engineered metal building. Draft documents will be prepared for KIB review. Assumptions: • The pre - procurement packages will be structured as follows: The point of receipt for owner purchased equipment will be the Kodiak dock, so the equipment supplier carries liability during shipping. A joint Contractor /KIB inspection of equipment will be performed at the Kodiak dock; any damaged equipment is returned immediately. The Contractor will be responsible for unloading, storing, protecting, maintaining, and installing /testing owner - furnished equipment until final acceptance. The Contractor must purchase insurance to cover the owner - furnished equipment during unloading and handling. • KIB will provide the appropriate front -end bid documents for the equipment procurement. This will include Bidding Requirements, Contract Forms, and Conditions of the Contract. CH2M HILL will review the KIB provided documents to make sure they are coordinated with requirements in the technical specifications. • KIB will provide review within 5 days and will provide one set of consolidated comments. • This task includes issuing final electronic documents for bidding. KIB will administer the bidding process. CH2M HILL will provide up to 2 addenda in response to bidder comments. • CH2M l-IILL will evaluate the technical content of the bids and provide recommendations to KIB. • Scope includes up to 3 meetings with KIB by conference call. Deliverables: • Draft MBR procurement package, electronic delivery, PDF format • Draft Building procurement package, electronic delivery, PDF format • Final MBR procurement package, electronic delivery, PDF format • Final Building procurement package, electronic delivery, PDF format 5 Task 3 - Schematic (35 %) Design The purpose of this task is to use the data and guidelines developed in the Predesign task and the submittal information from the treatment system supplier and the pre - engineering building supplier to develop a single design concept and single construction package. The primary products from this task will be 35% level process control narratives, preliminary layout drawings, process and instrument diagrams (P &IDs) and a 35% level construction cost estimate. A list of the specifications anticipated to be used on the project will be compiled. The schematic design package will be submitted to KIB for review and comment. Assumptions: • KIB will provide review within 5 calendar days and will provide one set of consolidated comments • Design effort is based on MBR plant Deliverables: • 35% process control narratives, preliminary layout drawings, and P &IDs, electronic delivery PDF format • List of anticipated specifications • 35% cost estimate • 35% basis of design memorandums for each discipline • Response to KIB comments Task 4 - 65 "/o Design The purpose of this task is to utilize the decisions that were made in the 35% Schematic Design phase to develop the design. Structures, equipment, major plant piping, process, and site plan will be finalized during this phase to allow final detailing in the following phase. The first draft of specifications and the front end bidding documents will be prepared from CH2M HILL's master specifications, which are based on the Construction Specifications Institute (49 divisions). • Assumptions: Design effort is based on an MBR plant • Use same front -end (Div 0 and Div 1) bid documents as Lateral Expansion Phase 1 and Phase 2 • KIB will provide review within 5 calendar days and will provide one set of consolidated comments Deliverables: • 65% design drawings, electronic delivery, PDF format • Draft specifications • 65% cost estimate • Response to KIB comments 6 Task 5 - Final Design (95 °/a and 100 %) Upon receipt of the 65% comments, CH2M HILL will complete the design drawings and specifications which will include complete design of all design disciplines defining site and building layout, pipe routing and equipment location, process and building structure construction features and details. The draft final (95 %) documents will be submitted to KIB for review and comment. These comments will be addressed and final, 100% bid -ready documents will be prepared. Assumptions: • Design effort based on MBR plant • KIB will provide review within 5 working days and will provide one set of consolidated comments • KIB will provide the front end documents to incorporate into the specifications Deliverables: • 95% design drawings and specifications, electronic delivery, PDF format • 100% design drawings and specifications, electronic delivery, PDF format • 100% cost estimate • Response to KIB comments Design Basis Assumptions In addition to the description provided above, the scope and level of effort for design services are based on the following assumptions: Process: • Treatment process design effort is based on an MBR treatment facility with centrifuge dewatering. Based on anticipated discharge requirements, treatment process does not include disinfection. Solids processes do not include a stabilization process due to treating landfill leachate solids. • The design level of effort is based on incorporating vendor drawings from the pre- purchase MBR package into the drawing set for mechanical and instrumentation and control drawings. These vendor drawings will provide the detailed design information for the MBR package system. • Leachate pump station to pump flow to the treatment plant is based on a submersible pump station with no building located at the pump station. • Design scope is based on the following treatment systems: o Influent screens and grit removal o Membrane bioreactor system and associated tanks and equipment o Treated water tank sized for washdown water and washdown water pumping system o Centrifuge sludge dewatering with truck disposal for dewatered sludge 7 o Chemical systems including those required for membrane cleaning and polymer system for sludge dewatering Site and Building • Stormwater runoff from the building roof and roadways will be addressed with existing site stormwater permit. Scope is based on overland flow across site. • Existing survey information will be used for civil drawings. • Civil drawings will include roadways, grading adjacent to the treatment building and yard piping from the pump station to the treatment building and from the treatment building to the existing leachate lagoons. • Fire protection sprinkler system is not included based on limiting chemicals to less than the exempt amount. No potable water is available onsite for fire protection. The scope and level of effort does not include providing potable water onsite or a system onsite for providing water for a fire truck connection. • Safety shower /eyewash required for chemical area will be a portable system, requiring periodic tank refilling with potable water. • No restrooms, sinks or other facilities requiring potable water are included, due to water not being available onsite. Treated water will be used for washdown and chemical dilution. • Design modifications to the existing wetlands treatment system are limited to removing material from the wetlands cells and replacing distribution piping. Instrumentation and Control • The design scope includes SCADA within the treatment building and does not include external communication outside the treatment building. KIB will provide any SCADA outside the treatment building for remote monitoring and control. • Process and Instrumentation diagrams will be developed using CH2M HILL instrumentation and control drawing and tagging standards. MBR vendor provided P &IDs will be included as attachments to the drawing set and will not be modified. Structural/ Architectural • Pre - engineered 85 ft x 100 ft metal building with slab on grade foundation • Building will consist of a single room for process systems with a separate electrical room. Electrical • Design of exterior lighting, except for that on the outside of buildings and at the leachate pump station is not included. • Design of telecommunication systems, except for the provision of outlets is not included. • Arc flash studies are not included. • Electrical coordination studies will not be performed. • Design of security systems is not included. • Design of fire detection and alarm system is not included. • Standby power system (backup generator) is not included in the design. • Lighting system design does not include integration with building automation system. • The local utility system will provide the padmount transformer and they will specify the equipment pad to be used. 8 • The local utility system will design and install the primary (medium - voltage) feeder to their padmount transformer. • There is no requirement for project documentation needed to achieve LEED certification or for other energy credit programs. • All electrical systems will be low voltage (<600V) • Lightning protection systems are not required Deliverable drawings and specifications • Deliverables will be provided electronically. • Drawings will follow CH2M HILL CAD standards. • CH2M HILL's 49 division master specifications will be used for technical specifications, Task 6 - Permitting CI-I2M HILL will prepare the permit applications necessary to obtain the ADEC Certificate to Construct and the ADEC Certificate to Operate once the construction is complete. We will also complete the application materials to obtain an Alaska Pollutant Discharge Elimination System (APDES) permit to discharge the treatment plant effluent to the adjacent wetland. Permit applications will be submitted to ADEC on behalf of KIB. KIB will be copied on all transmittals. Assumptions for APDES permit: • Leachate treatment only. Domestic wastewater can be added to the permit later. • Per our discussions with ADEC, the permit submittals will be APDES Application Form 1 and Application Form 2D. • For APDES Application Form 1, MB planning staff will provide a topographic map (PDF format) showing topography within 1 mile of the proposed treatment plant on all • sides. KIB already owns this mapping. CH2M HILL will provide instructions showing the required limits for the mapping. • For APDES Application Form 1, CH2M HILL assumes that the treatment process will not raise water temperatures above the thermal discharge limits. • For ADPES Application Form 2D, CH2M HILL assumes the following: o Anticipated leachate flow rates will be used to satisfy the requirements of Section 5 o Existing data from Kodiak and Unalaska will be evaluated against the various lists of chemicals using a spreadsheet for Section 6 o The 35% basis of design memorandums will be used to satisfy the reporting requirement in Section 7 o Assume no waiver requests will be required in Section 8 9 • One review meeting (PM and process engineer) will be held with ADEC at their office for the APDES discharge permit. • A total of 133 hours has been budgeted for preparation of the APDES discharge permit. Based on our current understanding of the requirements, we anticipate that this will be sufficient. Assumptions for ADEC Certification to Construct: • Per our review and understanding, this Certificate includes filling out the General Data Sheet, the Treatment Plant Checklist, the Outfall Checklist, and submittal of the plan set for ADEC Wastewater plan review. • For the General Data Sheet, CH2M HILL will prepare and coordinate the ADEC Wastewater plan review. Our proposal covers the estimated $940 plan review fee. CH2M HILL will pay the plan review fee on behalf of KB. • For the Treatment Plant Checklist, CH2M HILL will prepare a cover sheet linking the checklist requirements to existing documents including the design drawings, the basis of design memorandums, and the project specifications. • For the Outfall Checklist, will prepare a cover sheet linking the checklist requirements to calculations, effluent concentrations, and flow calculations. • For the Outfall Checklist, KIB will provide a map of existing wells in the vicinity of the landfill and downstream drainages as needed to characterize the type of receiving water. • A total of 64 hours has been budgeted for preparation of the Certification to Construct. Based on our current understanding of the requirements, we anticipate that this will be sufficient. Assumptions of the ADEC Certification to Operate • Per our review and understanding, this Certificate includes submittal of record drawings following construction, and engineer's certification that the treatment system has been installed and is operating as designed. • CH2M HILL will prepare a cover sheet demonstrating our submittal meets these requirements. • A CH2M HILL engineer with Alaska registration will sign and stamp the required certification. • A total of 16 hours has been budgeted for preparation of the Certification to Operate. Based on our current understanding of the requirements, we anticipate that this will be sufficient. This effort may or may not cover the evaluation and inclusion of additional information, or other stipulations or testing required by ADEC. Deliverables: • ADEC Certificate to Construct application, electronic delivery PDF format • ADEC Certificate to Operate application, electronic delivery PDF format • APDES Discharge Permit, electronic delivery PDF format is Task 7 - Bidding Services The CH2M HILL project manager or process design lead will attend a pre -bid meeting in Kodiak to answer bidder questions. CH2M HILL will provide responses to bidder questions, as necessary, through an addendum. Assumptions: • 136 hrs have been budgeted to respond to bidders questions and prepare addenda. We anticipate that this will be sufficient. • Bidding administration will be provided by KIB • Up to two addenda will be prepared during the bid period Preparing conformed documents are not included in the scope. Deliverables: • Responses to bidder's questions, electronic delivery • Addenda, electronic delivery Task 8 - Project Management • Monthly Invoicing /status reports • 1 Presentation.to KIB assembly by Project Manager in Kodiak A preliminary project schedule with project duration is included as Attachment B. Cost Proposal The estimated fee for these services is $ 742,930. We propose to conduct these services on a T &M basis using existing Terms and Conditions in the Lateral Expansion project using 2012 staff rates and a 3% escalation for 2013. Please note that Services During Construction (SDC) are not included in this proposal. We propose additional discussion on KIB plans and requirements in order to finalize SDC scope. We look forward to working with you on this project. Please let me know if you have any questions or need further information. Sincerely, CH2M HILL 2 cerezy Vice President r � Cory Hi s, P. . Project anager 11 t,- - , ! F ' kodiak Island Borough y e,t /JIB r :- . i S 32 mow' , � (`�� • �i/�r r �Q ,J� p • r ° v ase I�t'.�Ti r.. \i /1y2�`` ci A 7. e�r . Vol. FY2012, No. 18 April 6, 2012 At its Regular Meeting of April 5, 2012, the Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED the Month of April 2012 as Child Abuse Prevention Month and Called Upon All Citizens to Increase Their Participation in the Efforts to Prevent Child Abuse; Thereby, Strengthening the Communities in Which We Live. PROCLAIMED the Month of April 2012 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 Could be Eliminated. UTHORIZED the Manager to Execute Change Order No. 11 Permitting and Design for Onsite Leachate Treatment Plant to CH2M Hill, Inc. Which Amends Contract No. FY2007 -22 for the Kodiak Landfill Lateral Expansion in the Amount Not to Exceed $742,930. DIRECTED the Finance Director to Proceed With Publishing the 2011 Roll of Real Properties Subject to Foreclosure Beginning May 11, 2012. AWARDED a Grant in the Amount of $15,000 to Kodiak High School Career Technical Student Organization and APPROVED $24,000 for the Purchase of Materials and Equipment to Complete the Projects Office Conference Room Addition. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's webs■te www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, April 19, 2012, at 7:30 p.m. in the Borough Assembly Chambers. KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM AGREEMENT FORM THIS AGREEMENT is between ( "Buyer ") and FFJ..01.1 F-h(vl I'M tJMF3\kItAi P -OZArin l ( "Seller "). Buyer and Seller, hereby agree as follows: 1. GOODS AND SPECIAL SERVICES. 1.1. Seller shall fumish Goods and Special Services as specified or indicated in the Contract Documents. Goods and Special Services to be furnished are described in Section 01 11 19, Summary. 2. THE PROJECT. 2.1. The Project for which Goods and Special Services to be provided under these Contract Documents may be the whole or only a part of is generally described as follows: 2.1.1. Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase 3 Leachate Treatment Plant. 3. ENGINEER. 3.1. The Contract Documents for the Goods and Special Services have been prepared by CH2M HILL, Inc., who is hereinafter called Engineer and who is to assume all duties and responsibilities, and have rights and authority assigned to Engineer in the Contract Documents in connection with furnishing of Goods and Special Services. 4. POINT OF DESTINATION. 4.1. The place where the Goods are to be delivered is defined in the General Conditions as the Point of Destination and is designated as Kodiak, Alaska. 5. CONTRACT TIMES. 5.1. Time of the Essence: All time limits for Milestones, if any, and delivery of Goods and furnishing of Special Services as stated in the Contract Documents are the essence of the Contract. PW/WBG /354650 AGREEMENT FORM JULY 2012 00 52 63 - 1 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM 5.2. Date for Submittal of Shop Drawings: Shop Drawings and Samples required by the Contract Documents shall be submitted to Engineer for review and approval in accordance with Section 01 30 00, Administrative Requirements. 5.3. Date for Delivery of Goods: Deliver Goods to the Point of Destination and ready for Buyer's receipt of delivery. It is anticipated that goods will be delivered based on the anticipated Project schedule detailed in Section 01 29 00, Measurement and Payment, depending on the Construction Contractor's actual progress schedule. 5.4. Days for Furnishing Special Services: The furnishing of Special Services to Buyer will commence as detailed in Section 01 43 34, Special Services. 5.5. Liquidated Damages: Buyer and Seller recognize time is of the essence of this Agreement and that Buyer will suffer financial loss if Goods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within times specified in Paragraph 5.3, Date for Delivery of Goods herein, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize timely performance of services by others involved in the Project are materially dependent upon Seller's specific compliance with requirements specified in Date for Delivery of Goods. Further, they recognize the delays, expense, and difficulties involved in proving actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Liquidated damages shall be the actual damage incurred. 6. CONTRACT PRICE. 6.1. Buyer shall pay Seller for furnishing Goods and Special Services in accordance with the Contract Documents in current funds as follows: 'TWO %M " t o>S , lousy tall fZ 6.1.1. A Contract Price of pVE. ut Dollars and r-42o. Cents $'2 - (Amount written in words has precedence) • 6.2. Contract Price shall remain firm until a purchase order has been issued by the Construction Contractor who has accepted the assignment of the Contract. AGREEMENT FORM PWJWBGl354650 00 52 63 - 2 JULY 2012 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM 7. POWER PENALTY 7.1. The Seller guarantees that the Membrane Equipment System shall meet all performance requirements and, specifically, Seller guarantees the annual power costs as entered on Schedule "A" for the following cost factors: • Item D.1 — Air Scour. • Item D.2 — Process Air. • Item D.3 — Permeate Pumping. • Item D.4 — Recirculation Nozzle Pumping. 7.2. Actual power consumption at each of the flowrates listed on the Schedule "A" Worksheets shall be confirmed by the Engineer during Performance Testing as specified in Section 46 61 00, Membrane Equipment System. Performance Testing shall be conducted to confirm that the Membrane Equipment System will meet all requirements and that the guaranteed annual costs for the items listed hereinbefore are not exceeded. 7.3. If the sum of the actual power consumption costs exceeds the guaranteed values entered by the Seller in Schedule "A" Lifecycle Cost Evaluation Form, for Items D.1 through D.4, the Seller shall pay the Owner a Power Penalty. The Power Penalty shall be equal to two times the present worth value of the calculated difference in the actual and guaranteed power consumption costs for the 10 -year period at a 5 percent discount rate. The present worth factor for this calculation is 7.772 times the annual difference in actual versus guaranteed power costs. An example calculation is provided in the table below for clarity. In this example, the Seller would pay the Owner $42,901 as payment for the additional increased power consumption for the Membrane Equipment System. The Owner will not pay the Seller if the actual costs are less than the guaranteed costs. Net Increase Annual Cost Actual Annual (Decrease) in Power Penalty Guaranteed by Power Costs as Actual Annual (2 times Description of Item Seller in Determined by Power Costs 7.772 times from Schedule "A" — Schedule "A" Engineer During Compared to Annual Power Lifecycle Cost Lifecycle Cost Performance Guaranteed Power Costs Increase/ Evaluation Form Evaluation Form Testing Costs Decrease) D.I Air Scour 520,000 S22.000 S2.000' 531,088.00 D.2 Process Air Credit ($4,800) (57.040) (52,240) (534,818.56) PW/WBG /354650 AGREEMENT FORM JULY2012 005263 -3 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM D.3 Permeate 545,000 543,000 (52,000) (531,088.00) Pumping D.4 Recirculation 57,500 512,500 . 55,000 $77,720.00 Nozzle Pumping Totals 567,700 $70.460 52,760 542.901 8. PAYMENT PROCEDURES. 8.1. Submission and Processing of Payments: Seller shall submit Applications for Payment in accordance with the Supplementary Conditions and Section 01 29 00, Measurement and Payment. Applications for Payment will be processed by Engineer in accordance with the Supplementary Conditions and Section 01 29 00, Measurement and Payment. 9. INTEREST. 9.1. All monies not paid when due as provided in Article 13 of the General Conditions shall bear interest at the rate 1-1/2 percent per month. 10. SELLER'S REPRESENTATIONS. 10.1. In order to induce Buyer to enter into this Agreement, Seller makes the following representations: 10.1.1. Seller has examined and carefully studied the Contract Documents and other related data identified in Bidding Documents. 10.1.2. If specified, or if in Seller's judgment, any local condition may affect cost, progress or furnishing of Goods and Special Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to local conditions that may affect cost, progress, or furnishing of Goods and Special Services. 1013. Seller is fanuliar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing of Goods and Special Services. 10.1.4. Seller has carefully studied and correlated information known to Seller, and information and observations obtained from Seller's visits, if any, to the Point of Destination, with the Contract Documents. AGREEMENT FORM PW/WBG /354650 005263 -4 JULY2012 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM 10.1.5. Seller has given Engineer written notice of all potential conflicts, errors, ambiguities, or discrepancies that Seller has discovered in the Contract Documents, and written resolution thereof by Engineer is acceptable to Seller. 10.1.6. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. 11. CONTRACT DOCUMENTS. 11.1. Contents: The following Contract Documents are attached to this Agreement and are listed in order of precedence, with highest precedence listed first. In the case of any inconsistency or conflict between Contract Documents listed, the interpretation of the document with the highest precedence shall govern. 11.1.1. This Agreement (pages 1 to , inclusive); 11.1.2. Exhibits to this Agreement (enumerated as follows): 11.1.2.1. Exhibit A -1 to Agreement between Buyer and Seller dated, Assignment of Contract; Consent to Assignment; and Acceptance of Assignment; 11.1.2.2. Exhibit A -2 to Agreement between Buyer and Seller dated , Agreement to Assignment by Seller's Surety; 11.1.3. Performance Bond (pages 1 to inclusive); 11. 1.4. Payment Bond (pages 1 to , inclusive); 11.1.5. Addenda (Numbers _ to inclusive); 11.1.6. Supplementary Conditions (pages _ to inclusive); 11.1.7. General Conditions (pages 1 to 65, inclusive); 11.1.8. Specifications as listed in Table of Contents of the Project Manual; 11.1.9. Drawings; 11.1.10. Seller's Bid (pages _ to , inclusive); 11.1.11. Documentation submitted by Seller prior to Notice of Award (pages to _, inclusive); PW/WBG /354650 AGREEMENT FORM JULY 2012 00 52 63 - 5 ©COPYRIGHT 2012 CH2M HILL • KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM 11.2. Any of the following may be delivered or issued on or after the Effective Date of the Agreement and will then become part of the Contract Documents: 11.2.1. Notice to Proceed (pages _ to , inclusive); 11.2.2. Written Amendment(s); 11.2.3. Change Order(s); 11.2.4. Field Order(s); 11.2.5. Engineer's Written Interpretation(s). 11.3. There are no Contract Documents other than those listed above in this Article. 11.4. The Contract Documents may only be amended, or supplemented as provided in the General Conditions. 12. MISCELLANEOUS. 12.1. Defined Terms: Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions and in the Instructions to Bidders. 12.2. Assignment: 12.2.1. Buyer has right to assign the Contract for furnishing Goods and Special Services hereunder and Seller shall accept such assignment. Forms documenting assignment of the Contract and consent of Seller's surety to the assignment are attached as exhibits to this Agreement. 12.2.1.1. The Contract will be executed in the name of Owner as the Buyer initially, and will be assigned to a Construction Contractor (assignee) designated by Buyer. Assignment will occur on the effective date of the Agreement between Buyer and Construction Contractor, which is expected to occur on or about February 2013. As of the date of acceptance of assignment by assignee, all references in the Contract Documents to Buyer shall mean designated assignee. 12.2.1.2. Assignment of the Contract shall relieve Buyer from all further obligations and liabilities under the Contract. After assignment, Seller shall become a subcontractor or supplier to assignee and, except as noted herein, all rights, duties, and obligations of Buyer under the Contract shall become the rights, duties, and obligations of assignee. AGREEMENT FORM PW/WBG /354650 00 52 63 - 6 JULY 2012 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM 12.2.1.3. After Assignment: 12.2.1.3.1. All performance warranties and guarantees required by the Contract Documents will continue to run for the benefit of Buyer and, in addition, for the benefit of assignee. 12.2.1.3.2. Except as provided in this Paragraph, all rights, duties, and obligations of Engineer to assignee and Seller under this Contract will cease. 12.2.1.3.2.1. Engineer will review Seller's Applications for Payment and make recommendations to assignee for payments as provided in Article 13 of the General Conditions. 12.2.1.3.2.2. Upon written request of either assignee or Seller, Engineer will issue with reasonable promptness such clarifications or interpretations of the Contract Documents, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be final and binding on assignee and Seller unless: 12.2.1.3.2.2.1. An appeal from Engineer's clarification or interpretation is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 15 of the General Conditions; or 12.2.1.3.2.2.2. If no such dispute resolution procedures have been set forth, a written notice of intention to appeal is delivered by assignee or Seller to the other party within 30 days after the date of such decision, and a formal proceeding is instituted by appealing party in a forum of competent jurisdiction within 60 days after the date of such decision (unless otherwise agreed to in writing by assignee and Seller), to exercise such rights or remedies as appealing party may have with respect to such clarification or PW/WBG /354650 AGREEMENT FORM JULY 2012 00 52 63 - 7 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM interpretation in accordance with applicable Laws and Regulations. 12.2.1.3.2.3. When rendering such a clarification or interpretation, Engineer will not show partiality to assignee or Seller and will not be liable in connection with any clarification or interpretation rendered in good faith. 12.2.2. No other assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound. Specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge assignor from any duty or responsibility under the Contract Documents. 12.3. Successors and Assigns: Buyer and Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 12.4. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 12.5. Buyer's Final Inspection: 12.5.1. Buyer shall make its final inspection of the Goods pursuant to Article 13 of the General Conditions within 5 days after Buyer's acknowledgement of receipt of delivery of the Goods and Seller's completion of famishing Special Services, if any. Date shall be adjusted equitably if Seller fails to deliver the Goods or furnish Special Services in compliance with the Milestones established in above paragraphs of this Agreement. 12.6. Liquidated Damages: Buyer and Seller recognize that Buyer will suffer financial loss if Goods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within times specified in Paragraph Date for Delivery of Goods herein, plus any extensions thereof allowed in accordance with Article 11 of AGREEMENT FORM PW/WBG /354650 00 52 63 - 8 JULY 2012 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM the General Conditions. The parties also recognize timely performance of services by others involved in the Project are materially dependent upon Seller's specific compliance with requirements specified in Date for Delivery of Goods. Further, they recognize the delays, expense, and difficulties involved in proving actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Liquidated damages shall be the actual damage incurred for each day that expires after the time specified in Paragraph Date for Delivery of Goods. IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement . Counterparts have been delivered to Buyer and Seller. All portions of the Contract Documents have been signed or identified by Buyer and Seller or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). (date) Buyer: Seller �__.,.f . _ _ .- • . • By: By: �J . • 9. Gtur�i (Corporate Seal) �(Cor Seal) Attest: Attest: VitidAuJ, &ge,q+I Address for giving notice: Address for giving notice: 9231 DI a-s n..' -. weSL a& a Lk:Ft I (1a LGsk 4 'BZ (If Buyer is a corporation, attach evidence of Agent for service of process: authority to sign. If Buyer is a public body, tiAv t o &r.)(,l. -vIn.. attach evidence of authority to sign and resolution or other documents authorizing execution of Buyer - Seller Agreement.) (If Seller is a corporation or a partnership, Designated Representative: attach evidence of authority to sign.) Name: Designated Representative: \ Title: Name: \ -Wl,1+ PW/WBG /354650 AGREEMENT FORM JULY 2012 005263 -9 ©COPYRIGHT 2012 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 MEMBRANE EQUIPMENT SYSTEM Address: Title: P12C7 fit.= �C 1 . ILY,1,N.1 Phone: Address: AS /etYP^ Facsimile: Phone: q05, - 4{„S^ 2 2C);0 Facsimile: q05- d65 - W icCn END OF SECTION Aa n -r at G 151.15 AtC t cc ' 4 1uc r) G Scl'. �Po�oSo� OS barGD SAC 2Bri2-- . AGREEMENT FORM PW/WBG /354650 00 52 63 - 10 JULY 2012 ©COPYRIGHT 2012 CH2M HILL DELEGATION OF SIGNATURE AUTHORITY BY VICE PRESIDENT BY THIS DELEGATION OF SIGNATURE AUTHORITY given this 1st of January 20121, Vuvblr Sngh, as Vice President of GE Betz, Inc.; GE Betz International, Inc.; GE Osmonics, Inc; GE Ionics, Inc; GE Analytical Instruments, Inc; GE Mobile Water, Inc; and Zenon Environmental Corporation; all of the GE Water & Process Technologies business thereinafter collectively referred to as "GE WPr), with the delegable authority to sign controcts and license agreements in the name of GE WPT, hereby delegate to the following Individuals: Bruce BATCHELDER Doreen BENSON Michael BENSON David BINGHAM Thomas COSGRAVE Michael DOUPE John ELLIOTT David FRASER William GILL Richard GRAY Paul HOPPENJANS Christopher JANSEN Dennis LANG James McINTYRE Peter SIEMICKI Stephanie SNYDER Eric TATE Robert TAYLOR A the authority to exercise my approval authority with regard to commercial operations under the GE WPT Global Operating Policy, subject to the prior approvals obtained via the Comm Ops Delegation of Authority Approval Process; B. the authority to sign on behalf of GE WPT those certain agreements within my authority as Vice President, subject to the prior approvals obtained via the Comm Ops Delegation of Authority Approval Process; and C. the authority to sell goods and/or services to GE WPT customers on standard terms and conditions. Such delegation includes but is not limited to the delegated authority to sign all contractual Instruments, certificates, documents, acknowledgments, consents, and other agreements as may be necessary or convenient in order to carry out the intent and purpose of the foregoing authority. Nothing In this Delegation of Signoture Authority alters any applicable GE WPT review and approval requirements for the above - listed documents, Including but not limited the GEWPT Operating Polity. The Delegation of Signature Authority conferred hereby shall NOT be further delegable. This Delegation of Signature Authority is valid until 31 December 2012. IN WITNESS WHEREOF, I, as Vice President of GE WPT, have caused my signature to be hereunto placed the day and year first above written. \- Name: Vuvbir Sl Title: Vice President - Products & Systems, Engineered Systems Secrets "apt 5al0; 2. Date: KV Jp • MELVIN M. STEI'IHENS. I1 A PROFESSIONAL CORPORA11011 ATTORNEY AT LAW 328 CENTER AVENUE, SUITE 90A P.O. BOX 1129 KODIAK, ALASKA 996)5 TELEPHONE 19071 4803143 MEMORANDUM TO: Mayor & Assembly FROM: Melvin M. Stephens, 11 RE: Contract FY2012 -24; Memo of 10/10/12 to Mayor and Assembly; 10/9/12 Spreadsheet Detailing Payments DATE: October 11, 2012 Having reviewed Karl's tnenio of October 10 and the attached spreadsheet showing contract 2012 -24 and the related purchase orders under this contract issued to Kodiak Construction Services and the amounts paid, 1 find 1 still have the following questions or concerns: I. On October 9 Nova forwarded to the Assembly copies of two e- mails. In the first, dated October 8, Chris Lynch informs Bud Cassidy that she has "invoiced" all of her time to date and asks that her 6/1/12 contract with the Borough and all associated purchase orders be closed. Bud responds to this on October 9 stating that Contract FY2012 -24 and all associated purchase orders is closed and adds: "Except for your most recent invoices, which we have in hand, no further work is authorized and no further payment on this contract is authorized." My interpretation of this exchange between Bud and Chris is that Chris had submitted one or more recent invoices for work done under this contract, which invoices had not yet been paid. Louise Stutes apparently thought the same thing because she responded within an hour of Nova's October 9 e -mail saying: "I should like to know the amount of the `pending invoices' please." Karl's October 10 memo and the attached spreadsheet does not answer this question. I would like to see copies of all "pending invoices" submitted by Chris Lynch. 2. The October 9 spreadsheet attached to Karl's ntento is labeled "Invoices paid 4/30/12 thru 10/10/12 Contract 2012 -24" and lists 13 different items, which 1 assume represent different invoices. (I note that there is no line item #11). The first 10 items are all dated 7/17/2012 and total $44,850. I'm not sure what the date means, as all of the Purchaser Orders provided to us to date are dated 7/18/12 or later. The next line item, labeled /112 and referring a COE Permit Landfill is for $910 and is dated 8/10/2012. The final two items are dated 9/26/2012 and total $1,105. This spreadsheet appears to invite the conclusion that, from 4/30/12 through 10/10/12 the Mayor & Assembly -2- October 11, 2012 Borough had actually paid Chris Lynch only $46,865 in reliance upon Contract 2012 -24. I would like to know (1) Is this figure, in fact, accurate? (2) If so, when and why (given the on -going discussion of concerns about this contract) were payments made above and beyond the $38,625 total which the assembly was told had either been paid or was in process as of 9/21/12? (3) To repeat the question asked by Louise, are there at this time any invoices which have been submitted by Chris Lynch which are "pending" — i.e., have not yet been paid? My question #1 arises because information previously provided to the Assembly showing payments made under Contract 2012 -24 indicates that on 6/8/12 Chris Lynch presented the Borough with an invoice or invoices totalling $8,645.00 and that she was paid this amount by check #60136 on 7/3/12. I do not see this payment reflected anywhere in the spreadsheet attached to Karl's most recent memo, however, which seems to total only payments made or requested on or after 7/17/2012. Must the $8,645 paid to Chris on 7/3/12 therefore be added to the $46,865 shown on Karl's most recent spreadsheet to get an accurate total for amounts paid to date? My question #2 arises because, even if Karl's most recent spreadsheet somehow incorporates the $8,645 paid to Chris on 7/3/12, a project -by- project analysis suggests that additional amounts have been paid above and beyond everything which had been reported to the Assembly as of the 9/27/12 worksession. For example, at least 54,680 more appears now to have been paid to Chris for services associated with the KHS Renovation and Expansion project than the figures given to us through the 9/27 worksession indicate. See the accompanying table which I have constructed as best I can from the information previously given to us. I realize that relatively few of you are as enamored of spreadsheets and financial statements as I am. The foregoing concerns will not go away by themselves, however. They require a straightforward and complete explanation. Contract FY2012 -24 - Payments /Invoices Project Pd 7/3 Pd Req Req Subtotal 10/9 Difference ck 7/24 8/12 9/14 thru spdsheet 60136 ck 9/14 60177 req 5009 - KMS Concrete 130 260 845 910 2,145 3,055 910 7013 - Landfill lint' COE Permit) 4,355 975 780 780 6,890 6,870 -20 9010 - Long Term Care 390 3,510 1,040 2,015 6,955 7,865 910 9012 - Soil Remediation KHS 130 130 260 260 0 % 10032 - Women's Bay Shelter 520 520 585 65 10021 - KHS Renovation 3,380 3,965 3,640 5,135 16,120 20,800 4,680 11002 - East Elementary Generator 260 - 260 260 0 - 11009 - Karluk UST Removal 130 520 650 780 130 12001 - North Star Painting 130 260 1,105 2,275 3,770 4,550 780 12010 - Anton Larson Dock - 585 585 520 -65 12012 - Old Harbor Generator 130 130 130 0 % 12013 - Karluk Generator 130 260 390 390 0 0 0 Total 8,645 9,750 9,165 11,115 38,675 46,065 7,390 n KODIAK ISLAND BOROUGH p t 4 ''` AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.A.2 TITLE: Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and Erick A. Strahl as Manager. ORIGINATOR: Borough Clerk FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Draft Contract APPROVAL FOR AGENDA: 4 0/. SUMMARY STATEMENT: The process of hiring for the Kodiak Island Borough Manager started in April 2012. The Assembly interviewed six candidates and decided to offer the position to Mr. Erick A. Strahl. A negotiating team comprised of Mayor Jerome Selby and Assembly member Mel Stephens was formed by the Assembly to discuss the terms of the contract with Mr. Strahl. Provided to the Assembly in this packet is a DRAFT version of the contract. After determination of the moving expenses amount, a signed version of the contract will be provided to the Assembly. Mr. Erick A. Strahl is expected to start with his employment with the Borough on January 15, 2013. RECOMMENDED MOTION: Move to approve Contract No. FY2013 -13 Employment Contract Between the Kodiak island Borough and Erick A. Strahl as Manager. Kodiak Island Borough Page 1 of 1 BLUE TEXT — Changes made GREEN TEXT — Additional EMPLOYMENT CONTRACT information needed THIS AGREEMENT is made and entered into this day of , 2012 between the Kodiak Island Borough (hereinafter "Borough ") and Eric A. Strahl (hereinafter "Manager "). The Parties recite and declare that: The Borough is in need of a person possessing the skills and ability required to render service as Borough Manager of the Kodiak Island Borough. The Manager, through his education and experience, possesses the requisite skills to perform such duties. The Borough is therefore desirous of engaging / th\\service \ of \ Eric A. Strahl as Borough Manager under the direction of the Assembly, pursuant to the authority vested in the Borough by A.S. 29.20.490 and the Kodiak Island Boroug \ode Title 2. \\ For the reasons set forth above, and in consideration o f t e mutual covenanf sand promises of the \\// \/ j \ J parties hereto, the Borough and the M n ger agree as follows: \ \\ Section 1: Mutual Assent to Employment Duties and Nature of Employment. A. Borough hereby agrees to empl'oyManager, and Manager agrees to be employed by Borough, in the position Borou Man Manag j s an at -will employee who serves at the pleasure of the Borough \Assembly M nager, as an administrative and /or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided tc)any other Borough administrative and /or executive employee. Manageris.not entitled'to receive overtime compensation. B. Ma ager shall`p\ form all duties and`functions assigned to Manager by law, and such other legally permissible and,proper duties and functions as the Borough Assembly shall from time to time prescnbe. \ Section 2: \ \ tract Ter and Notice Requirements. A. Subject to 'Section 4 heredf, this Contract between Borough and Manager shall be in effect for three January 15, 2013 through end of business on January 15, 2016, wrth4 ninety (90) day written notice, by either party, to renew or not renew said contract by mutual consent after the three (3) years. Section 3: Salary and Benefits. A. Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, at the initial rate of One Hundred Eighteen Thousand and 00 /100 Dollars ($118,000.00) annually. B. Manager's performance shall be reviewed in executive session, six (6) months after the effective date of the Agreement and the Manager's salary shall be adjusted to One Borough Manager Contract Page 1 of 5 Hundred Twenty Three Thousand and 00 /100 Dollars ($123,000.00) upon mutual review and determination of satisfactory job performance. C. The Assembly or Manager may request a performance review at any time; however, reviews subsequent to the second six (6) month review shall take place at least annually and the Manager's salary may be adjusted for cost -of- living at the call of the Assembly. D. Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided in advance upon the start date of this contract and each anniversary date for the life of the contract. Annual leave can be accrued from year to year with a maximum accrual limit of seventy five (75) working days (600 hours_); however, Manager must take at least eighty (80) hours of leave annually. Annual,leave use of more than five (5) days shall be noticed to the assembly at least two /(2) `weeks in advance, except in an emergency. Manager shall be permitted to cash in,up to 8 //\ 0 hoursof \ annual leave in excess of 80 hours. Such cash out shall be permitted /once in a calendar `ear. In the event of a serious emergency, the manager may [ cash out any accruaad leave in excess of 80 hours subject to approval by the Mayor and Deput''Presiding Officer. E. Sick leave, health insurance, c i nsurance, disability insurance, workers' compensation insurance, jury duty, holidays�and�contribut ons "t\ the Alaska Public Employees Retirement System will be provided to Manager in` accordance with the Kodiak Island Borough Personnel Manual, as provided for a!1'other employees except that the Borough shall pay 100°/ of the cost of health insurance for Manager and his spouse. If the manager desires'liealih.insurance which also covers his children, he shall reimburse the Borough \ orb otherwise be responsible for the additional cost of such a policy, which additional cost is /presently estimated to be approximately Eight Hundred Seventy Dollars\aiid 61/1004$879:61) per month. Borough will pay for annual physical; if not covered Icy health�ihsurance. To ensure uninterrupted coverage, the C 3 ugh will pay aligning bonus, tfnecessary, m the amount of One Thousand One h undred NinetyyFive Dollars. and 86/100 ($1,195.86), to cover Manager's COBRA until Manager and his family are eligible for the Borough's health insurance. F. Except to the extent specifically referenced to in this Agreement, provisions of the • Kodiak Island Bo oughiPersonnel Manual are not applicable to Manager's personal status as a Boroughemployce. G. Borough will provide an automobile for Manager's business use only, including commuting to /from work. Borough will provide gas, oil, maintenance, and liability insurance. H. Borough will provide up to Fifeen Hundred Dollars and 00 /100 ($1,500.00) per month for temporary housing for Manager until Manager finds permanent housing or until April 15, 2013, whichever occurs earlier. Borough will provide one (1) round trip airfare for Manager's spouse to search for permanent housing. Borough Manager Contract Page 2 of 5 Section 4: Separation of Employment, Severance Pay. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. In the event of termination other than for good cause, Borough shall pay to Manager as severance pay an amount equal to ninety (90) days of salary and benefits. In either case, Manager shall also be compensated for all accrued annual leave. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least ninety (90) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough shall not pay severance pay to Manager. //\C C. If Manager is terminated for good cause, Borooughll not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. For this purpose, the term "good cause" shall me n:/ \\ c N 1. A willful breach, disregard, or gross neglect yfthi duties assigned to the Manager by law or by the Borough Assembly incompetence, which i's as the inability or the intentional failure to perfonn.the manager's duties in a satisfactory manner. However, termination-41)r incompetence will require written notice and reasonable time allowed, along with appropriat_ N ate resources provided, to affect a remedy. \ \�� \ \-\J 2. Any Cconduct of Manager bringing public embarrassment or ridicule to the Borough N \ g \ / `�. \ of' \ 3. Any.conduct Manager volv on ing.a conviction for any act of moral turpitude or illegaIi y.de�ftned as a fel a•misdemeanor that tends to reflect dishonesty. Section 5: Moving V A. M ana g er shall receive compensation for expenses incurred in moving to Kodiak, which will be,provided by Borough upon presentation by Manager of receipts for expenses so incurred \ii "an amounti not to exceed dollars and 00 /100 ($ .00). In the event of termination of employment within one (1) year . — of the effective d'ate�of this agreement, for convenience of the Borough, the Manager shall receive compensation for expenses incurred in moving back to his original point of origin not to exceed'the amount above. B. Manager shall reimburse the Borough for all or part of such moving expenses in the event he voluntarily leaves Borough service, or is discharged for cause, within a period of two years according to the following schedule. 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but Tess than twenty -four (24) months Borough Manager Contract Page 3 of 5 Section 6: Dues, Subscriptions, and Affiliations. A. Borough agrees to budget and to pay the dues of Manager for membership in professional and civic organizations and subscriptions of Manager necessary for his continuation and full participation in national, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Borough, as budgeted /approved by the Borough Assembly. Section 7: Professional Development. A. Borough hereby agrees to budget and pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Borough, including, but noylimited to, the Alaska Municipal Managers Association (AMMA) and the International // � City /County Management Association (ICMA). /�(" \ B. Manager, while traveling out of town /unofficial business, will be reimbursed for reasonable expenses by Borough. Borough,will provide for end/orreimburse Manager for transportation costs and other costs \incidental to such trav and of a normal and necessary nature. Such expenses would include: hotel rooms, auto rental, taxi fare, and telephone. Manager shall also receive per r diem jn the amount affordedsto all Borough employees for each half day of travel to be calcu midnight to on on and noon to midnight. This section applies to hort +courses, i stiYutes, and seminars that are necessary for professional development and for of the B orough, as budgeted by the Borough Assembly,. \ ` \\ C. Borough will pay all local government business-related as budgeted by the Borough Assembly. U Section 8k--Indemnification. A. Borough- agrees•to defend, hold harmless, and indemnify Manager against any tort / claim, prof \liability claim or demand or other legal action, whether • groundless or otherwise, ansing.out of an alleged act or omission by Manager arising out of the course and scoperof his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct � 1. A willful breach, disregard. or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed b ; y'Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime that tends to reflect dishonesty. Borough Manager Contract Page4 of5 Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 9: Other Employment. A. During the tenure as Borough Manager, Manager shall not be employed by any other entity or organization. Section 10: General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs -at -law and executors of Manager. C. If any provision, or any portion thereof, conta�ed< \his Agreement is held to be unconstitutional, invalid, or unenforceable theaema of this Agreement, or portion thereof, shall be deemed severable, shalltnotube affected '>and shall remain in full force and effect. Section 11: No Reduction of Benefits: G00 and Fair Dealing. A. Borough shall not at any time during the teri ofemployment with thisagreement reduce the salary, compensation, or other financial benefits i to Manager. B. All contract provisions shall be subject -to good faith andbfair dealing. IN WITNESS WHEREOF, the parties have executed ihis Agreem ent on this day of ,2012 KODIAK ISLAND BOROUGHL(BOROUGH) \BOROUGH MANAGER (MANAGER) Jerrol Friend \ Eric A. Strahl Deputy Presiding•Officer Borough Manager Date: \./\/ Date: ATTEST: ATTEST: Nova M. Javier, MMC Nova M. Javier, MMC Borough Clerk Borough Clerk Borough Manager Contract Page 5 of 5 -° ° ' KODIAK ISLAND BOROUGH '-' AGENDA STATEMENT sti t , REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held October 2, 2012. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: N/A ATTACHMENTS: Election Resolution APPROVAL FOR AGENDA SUMMARY STATEMENT: The Election Canvass Board met on Thursday, October 4, 2012 and started the canvassing for the October 2, 2012 Municipal Election. The Canvass Board will meet again on Wednesday, October 10, 2012 to finish the canvassing. By the time this packet is released to the Assembly, a resolution won't be available. Upon certification of the canvass board, the Election resolution will be provided to the Assembly and it will be made available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -14. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Clerk 4 Introduced on: 10/18/2012 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2013 -16 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ' 11 RATIFYING AND CERTIFYING THE RESULTS 12 OF THE MUNICIPAL ELECTION HELD OCTOBER 2, 2012 13 14 WHEREAS, the Kodiak Island Borough held a Regular Election on October 2, 2012, at 15 which time candidates for the following offices were voted on: 16 17 Borough Assembly Two Seats, Three Year Terms 18 School Board Two Seats, Three Year Terms 19 Fire Protection Area No. 1 Board Two Seats, Three Year Terms 20 Service Area No. 1 Board Two Seats, Three Year Terms 21 Bay View Road Service Area Board Two Seats, Three Year Terms 22 Monashka Bay Road Service Area Board Two Seats, Three Year Terms 23 Womens Bay Service Area Board Two Seats, Three Year Terms 24 25 WHEREAS, the Canvass Board of the Kodiak Island Borough met on October 4, 2012 and 26 October 10, 2012 and tallied the votes as follows: 27 28 BOROUGH ASSEMBLY — TWO (2) SEATS, THREE YEAR TERMS Chris Lynch 799 Jerrol Friend 415 Aaron M. Griffin 775 29 30 SCHOOL BOARD - TWO (2) SEATS, THREE YEAR TERMS Debra Kirk 878 Norman Wooten 878 31 32 33 FIRE PROTECTION AREA NO. 1 BOARD - TWO (2) SEATS, THREE YEAR TERMS Kiela Pickett 228 Scott Arndt 188 Robert Perkins 95 Rebecca Nelson 237 34 35 SERVICE AREA NO. 1 BOARD - TWO (2) SEATS, THREE YEAR TERMS Paul Hansen (Write -in) 9 36 Kodiak Island Borough Resolution No. FY2013 -16 Page 1 of 3 61 Section 4: In the Service Area No. 1, Paul Hansen was elected to a three year term. 62 Since there were two seats and only one was filled, the vacancy will be filled 63 per KIBC 4.15.040 D & E. 64 65 Section 6: In the Bay View Road Service Area, there were no candidates. The seats will 66 be filled per KIBC 4.15.040 D & E. 67 68 Section 7: In the Monashka Bay Road Service Area, there were no candidates. The 69 seats will be filled per KIBC 4.15.040 D & E. 70 71 Section 8: In the Womens Bay Service Area Board, David Conrad and Billy Ecret were 72 elected to three year terms, having received the highest vote tallies. 73 74 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE 75 KODIAK ISLAND BOROUGH THAT the election was validly held and that the clerk is 76 directed to deliver to each person elected to office a certificate of election. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF OCTOBER, 2012 80 81 KODIAK ISLAND BOROUGH 82 83 84 85 ATTEST: Jerome M. Selby, Borough Mayor 86 87 88 89 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -16 Page 3 of 3 c epr- KODIAK ISLAND BOROUGH . , n ti�N S yt'\ AGENDA STATEMENT to REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3 Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes CO No Account Number: Amount Budgeted: ATTACHMENTS: P &Z Packet and Results Letter 6 APPROVAL FOR AGENDA: pi- SUMMARY STATEMENT: This rezone was initiated by the Planning and Zoning Commission to address the construction of a public facility (water treatment plant) on a R1 - single family zoned residential lot. This action addresses a citizen complaint. The site is adjacent to existing Public Lands (PL) zoned lot. Click here to enter text. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -07 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 Introduced by: Acting Manager Cassidy 2 Requested by: CDD Acting Director Dvorak 3 Drafted by: CDD Acting Director Dvorak 4 Introduced: 10/18/2012 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -07 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 APPROVING A REZONE FOR LOT 3, BLOCK 4, PORT LIONS SUBDIVISION 12 3 ADDITION FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO PL- PUBLIC USE ZONING DISTRICT (CASE 13 -010) 14 15 WHEREAS, The Planning & Zoning Commission initiated a rezone investigation of Lot 16 3, Block 4, Port Lions Subdivision 3 Addition per KIBC 17.205.030 B; and, 17 WHEREAS, Lot 3 abuts Lot 4 Block 4 Port Lions Subdivision 3r Addition, a lot 18 currently zoned PL- Public Use Zoning District, and is improved with a public use facility; 19 and, 20 WHEREAS, Lot 3 has been improved with a public use facility; and, 21 WHEREAS, The commission held a properly noticed public hearing on this request 22 and is recommending that the Assembly find that a rezone of Lot 3, Block 4, Port Lions 23 Subdivision 3' Addition from R1- Single - family Residential to PL- Public Use Zoning 24 District is in keeping with the guidance and objectives of the 2008 Comprehensive Plan. 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH that the following parcel shall be rezoned from R1- Single- family 27 Residential to PL- Public Use Zoning District as follows: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Lot 3, Block 4, Port Lions Subdivision 3 Addition is hereby rezoned from 30 R1- Single- family Residential to PL- Public Use Zoning District. 31 Section 3: The City of Port Lions must obtain the required "After- the - Fact" zoning 32 compliance permit for the existing public use facility located on Lot 3, 33 Block 4, Port Lions Subdivision 3 Addition prior to this rezone becoming 34 effective. 35 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 36 Commission are hereby confirmed as follows: 37 17.205.020 A. Findings as to need and justification fora change or amendments; 38 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 39 Zoning District is needed for the purpose of removing doubt with respect to the 40 property's ability to legally support the existing use. Kodiak Island Borough, Alaska Ordinance No. FY2013 -07 Page 1 of 2 41 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 42 Zoning District is justified because no alternative highest & best use has been 43 presented. 44 17.205.020 B. Findings as to the effect a change or amendment would have on the 45 obiectives of the comprehensive plan; 46 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 47 Zoning District would be in conformity with the broad guidelines of the applicable 48 comprehensive plan. 49 A rezone from R -I Single Family Residential Zoning District to the PL- Public Use Zoning 50 District would provide positive reinforcement to the general principle that the Zoning 51 Ordinance should be adhered to even in the case of locations not on the existing Urban 52 Area road system. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF , 2012 56 KODIAK ISLAND BOROUGH 57 58 59 60 61 ATTEST: Jerome M. Selby, Borough Mayor 62 63 64 65 66 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -07 Page 2 of 2 -, Kodiak Island Borough ft n% Community Development Department � '! 710 Mill Bay Road i d rhe. a rc .• Y r ts i Kodiak, Alaska 99615 - Phone (907) 486 -9363 Fax (907) 486 -9396 r www.kodiakak.us September 21, 2012 Planning & Zoning Commission Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single - family Residential to PL- Public Use Lands. Dear Planning & Zoning Commissioners: The Kodiak Island Borough Planning & Zoning Commission at their meeting on September 19, 2012 moved to forward the request cited above with one Condition of Aproval, recommending approval, to the Borough Assembly. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.72.020 A. Findings_as_tube Neeltand_h'stifcation for a Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17,72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the 11-1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Steve Andresen, Mayor of Port Lions Public Hearing Item / -C P &Z September 19, 2012 3 Y m i' " tt. x t s " 4.4 ' ., atti ° 4i,3/4, sia 3 't ding 7 to m e S.r s Current �ocation ' a Request Ma nner of In on ae , cor KIBC 1¢7 205.030 B' "`; r , 11 a ,. p w . q „ liii , � .t °�+ ' cl ..A" P &Z Case #13010 _ t otrezone Lo Pot L'lons Sub et" » � ? ` l ' from R1 Smgle� fami oc ly Resid r ential to PL Publi se Lands s KIBP &ZCommission ; Ar ! .& s tir * by '� $F ! h b n ,. 4 �t ,) —„ s. z z ' . t- -t yam' Agent .Mayor Steue Andresen, Gt-y of Port Lions )---)4%)--,!•13, - ras 3,. 11, aitiolkiltt) t alOigli llts- ® s O F ® e "de �`e Q- 4 ®�,� ®R " � ® ii.® 0 ® 41*# 1 0 a* ®e ® ® 4. ♦P Legend # 4 ,40 e V a • 4 411An IPL / tta glatts.441 L S, W rir ill \ _,; g ® Subject Parcel Vi a _ ;, .,. Kodiak Island Borough GIS System . A -. iz WV " 0 320 640 1,280 1920 2560 "+++►►7 Feel 1 1 This map was prepared tram the Kodiak Island Borough's GIS System. It is p for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More it ormation about the mapping data ran be obtained by contacting the Kodiak Island Borough IT Department at (90]) 486 -9333. Case No. 13 -010 Introduction Page 1 of 3 Public Hearing Item / -C P &Z September 19, 2012 *err`.;: Ko diak Island Borough Zoning Map �, ..' t" C ommunity Development Department . 3 ,. t e t,$? b..' , m -It io r,nr; +s C 'B o .ny y. ' fi - n Request nzat r of Inrtlatlon according to KIBC 1�7,�2Q5 030 -- C u rr e nt Zoning i toe Lfot43? 3lock 4, it L ions Subdtsonk3riddltin ; ce r o P & Z °;Case tk13 010 tjrezon , ' fiti R1 Smg f R e r - a l t PL Pu b IIc U s e l ri �a x5 ai ,_ aye r !S r � �_ � z 'gym a� � ' Nom`^" a. v, ts. ,i w A !Age "' A ndresen, Ci Pont Lionse~ % x " ih - f .,,, a K t .. � � . uS ter -'i �: z !W 4 4 ' .., '.--r);*: i't, :,:ii, ,o- . G. tat ' b # / y ke '��t'' S ° rt e ' 401 v goals" rr ma® 1 10 .:. e 50 .0 °- t aril aria* (4:,-- ''' *--- 4 74 P74 ---- 0111; Mit 0 th 1 PSAIII 4441 4.41t 4 /4 4 ) -4 4 . gion___ t. ,,f iiiitt4.41,44,- 4,1061 gi rarg? ' :/' I 4N!/‘41'. .dirtli ‘ illi Will'ar TRACT I St Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Light Industrial ra Watershed I 1 1 Rural Residential 2 1 Business I I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business II- Urban Neighborhood Commercial I Rural Residential I Two Family Residential I I Industrial [ I Natural Use I I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -010 Introduction Page 2 of 3 Public Hearing Item I -L. P &Z September 19, 2012 @YUMA Location Request: Manner CO Initiation, accordinga:Mgglargrov 4 pa ?CD `3 13 -010 43 rezone rice g Block4 •• Lions Subdivision,RI:IAddition KIB P &Z Commission from Rd.- Single - family ResidentialRD PL-Public l Lands. Agent: Mayor ! Andresen, MCI Port Lions .. i ^ ,. r 4, . t 1 4A y �r ; r� p r ; ;34 / 1 f' :r' * � r l,. y' ' ■ if v 't S t , �„. h +� r e h '`se. , 3Vi ' µ .� k :� +J: ' 0 r t y . a W , c am ' ` x 4° . , '. 't . Mee ti y l� ,, s r, . , ,, ;‘ r r { y � r , � S ra �. • xi. k r\ 'a Id y y:Ft '� 4.6, ' y ' �< t k 4 Y_ � } } j l i t v s ih � �Y E ey ...y. Y f tiv` a " *i F r. a "ii' leh i� `•'� d r y l ,�.rzrrJt, r t o t text' 3 M .' t G , R Y d T f i "V' ' d y J y f � .. ©[ ��/� � t � � ` a ,r 1� e x t" . ° p >s n ��}'{i � •AE%S • t < �t . T � Y b'fi iE f y�.' -ir P `, '; 4. S �. t r+ ^a`1• le, -do. i°` � j%. k '4,y1 "Y•`C; at, ;r ' i f es ' i 9'. s " 't r q ' 1• l • - ' F . • / h *� 4 er g . bf ' . S ' l GS �;°$ t t 1,, �,. - ,, ? + d . .k x3 ' I' K. y r ( 'Id a .y ( q n" +y' "� F r w.. Y , .�' y {' `!� • k ' + \y y y� tfii�f � jPi: • far ,ft 1 [VS+ I f y. .�i .+ y S Y .nLf � n". -. 0 ,, Legend r , � r , , , r r It i1 Subject Parcel ° 14 C ; ' a • 44" ; ' -` tt„ , . , ,,� . ,\ �"pL " t®'7 4� ° ` x d ,. . tk • 'c r- - y id . - • ! 1 44, Kodiak Island Borough GIS System 114.111%, 0 45 90 180 270 360 Feet p, I This map was prepared from the Kodiak Island Borough s GIS System. It is provided for the purpose of showing the general location of ag property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Departmen at X90]) 466 -9333. Case No. 13 -010 Introduction Page 3 of 3 Public Hearing Item / -C P &Z September 19, 2012 New Business Item 9 -A P &Z - July 18, 2012 City of Port Lions Administrative Office Alaska 99550 • P.O. Box 110 Port Lions, �i� •'!-u • -� 1�l' fa` Phone: 907 454 -2332 • fax: 907 4542420 t ) ( ) 45 r ti _ E - mail: ci[yofporUions(aJhotmall.crom 113 V'1 0 • � ,ECEINEB odiak Island Borough Planning & Zoning Commissi 0 June 20, Allen Torres, Chair 1 ,I - 2 2 RE: Rezone of Lot 3, Block 4 Port Lions Subdivision COMMUNITY DEVELOPMENT DEPARTMENT Dear Mr. Torres and Committee Members, The City of Port Lions has requested a rezone of Lot 3, Block 4 of the Port Lions Subdivision from Residential Single Family (R1) to Public Use Land (PL). This lot is adjacent to an already previously rezoned to PL property, which was the old water treatment plant, but currently houses the communities Public Safety Office and Fire Station. About 4 years ago, an entity known as the Alaska Native Tribal Health Consortium acquired funds on the City's behalf to build a new water treatment facility. The Council at that time decided to use the City owned lot next to the old water treatment building (already zoned as PL) as the site for the new facility. There were several factors involved in that decision, the least of which was the close proximity to the communities water storage tower. The community's water system is totally gravity fed. Water comes from the reservoir to the water treatment building, is treated, and then is gravity fed back up to the storage tower. It was important for the new water treatment plant to be in dose proximity to the water storage tank, but on a grade below it. Apparently, the Council at that time did not realize that this lot needed to be rezoned in order to accommodate a publicly owned building. They thought that since it was a City owned lot, and it was going to be used to house a public service like a water treatment plant, there was no reason to ask the Borough for a rezone. The City of Port Lions has been working on several renovation projects for our critical infrastructure. Through this process, we have become increasingly educated on necessary permitting and procedures both with the State of Alaska, the various Federal agencies, and the Kodiak Island Borough. It is our intent to correct any zoning errors which have occurred in the past, and to be sure that any future public projects are zonedcorrectly. This letter is written to give you some background on why this property was not rezoned correctly at the time the water treatment plant was built. The City Council of Port Lions is now asking you to consider this rezone according to the language contained in the accompanying Resolution, # 12 -07. We appreciate your consideration of our request, and look forward to any questions you might have for us regarding this matter. Sincere , • S ve ndresen, Mar, City Port Lions Port Lions Resolution - Page 2 of 2 Case No 13 -010 Application Page 1 of 3 Public Hearing Item / -L P &Z September 19, 2012 dew Business Item 9 -A P &Z - July 18, 2012 RESOLUTION 12 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT LIONS REQUESTING THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH TO REZONE LOT 3, BLOCK 4 OF THE PORT LIONS SUBVDIVISION FROM RESIDENTIAL SINGLE FAMILY (R1) TO PUBLIC USE LAND (PL) WHEREAS; The City of Port Lions owns the property located at 443 Bay View Drive identified as Block 4, Lot 3 of the Port Lions Subdivision, and WHEREAS; the City has built a new water treatment facility on this lot for the benefit of the community, and has since realized the need to rezone the property; and WHEREAS; it Is the City's intent to abide by the zoning laws of the Kodiak Island Borough, and WHEREAS; this property is adjacent to an already existing PL zoned property which serves as the community's public safety building, and WHEREAS; the two lots are adjoining lots, and are similar in size and the structures are similar in appearance. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Port Lions hereby requests the Kodiak Island Borough's Planning and Zoning Commission to review this request for a rezone of Lot 3, Block 4 of the Port Lions Subdivision from RI to PL for the benefit of the residents of Port Lions. This Resolution Becomes Effective upon the date of adoption by a duly constituted quorum of the Port Lions City Council. Adopted this IL r:yof June, 2012 / Mayor, City of Port Lions ATTEST: City Clef' Port Lions Resolution - Page 1 of 2 Case No 13 -010 Application Page 2 of 3 Public Hearing Item / -C P &Z September 19, 2012 l ' . ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 4 -2. The ayes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The noes were COMMISSIONERS KERSCH and WATKINS. OLD BUSINESS There was no old business. NEW BUSINESS A) City of Port Lions Resolution 12 -07 requesting the Planning & Zoning Commission initiate a rezone of Lot 3, Block 4, Port Lions Subdivision from R1- Single - family Residential to PL- Public Use Lands. Dvorak reported nobody is here from Port Lions; we didn't recommend it to them since there isn't a public hearing. This is a result of a zoning complaint regarding some further development of the city's water treatment facility which is located on this lot. They've had their new water treatment facility for a couple of years now and they were actually developing another facility related to that that caused the complaint but when we looked at it it did seem appropriate to consider this as a rezone due to the location of the treatment plant is dictated by the infrastructure that's already existing where the main water line comes into the community and where it's distributed to. This is the only practical place. This seems to be the only way to fix the problem. Staff recommends the commission initiate a rezone. Dvorak mentioned he had updated the guidelines but he didn't think the commission got them so to clarify it's actually Port Lions Subdivision 3rd Addition. COMMISSIONER SCHMITT MOVED to initiate a rezone investigation to rezone Lot 3, Block 4, Port Lions Subdivision Third Addition, from R1- Single- family Residential to PL- Public Use Lands. ROLL CALL VOTE ON MOTION UNANIMOUSLY B) Capital Improvement Projects Dvorak said this is a preview of the coming attractions to get you in the right mind frame. It's his understanding that the commission has streamlined this CIP process in the past. We did get a lot of projects funded in this last legislative cycle so we'll be looking at dropping some things off and moving other projects up. It's an opportunity to re- evaluate it. Dvorak said the governor's budget will probably be determined in September so in order for you to pass on your recommendation to the Assembly to pass it on to the governor it is essential we get it done in one shot. Discussion of funding received. COMMISSIONER SCHMITT asked Dvorak to follow up on what the funding was to find out if, for example, we should ask for the remaining amount for the Pier 3 replacement and things like that. COMMISSIONER KERSCH said if we have $2.6 million left over from Baranof Park maybe we could put that into Woody Way Park and buy Lots 4 and 5. CHAIR TORRES asked staff to provide any information as early as possible for next month's meeting to give the commission more time to review projects. COMMUNICATIONS A) Planning & Zoning Commission Results Letters from Previous Meeting B) Letter of Courtesy & Advisory re: the use of a recreational vehicle for living purposes in the I- Industrial Zoning District Dvorak gave a brief report on communication items. 7/18/2012 Page 10 of 12 P &Z Minutes Case No 13 -010 Application Page 3 of 3 Public Hearing Item / -L P &Z September 19, 2012 tz * * * -, : , Kodiak Island Borough 3 > r - //� Community Development Department 47; • 4122 s 71 0 Mill Bay Road Room 205 'a:.3, all Kodiak, Alaska 99615 rf Phone (907) 486 -9363 Fax (907) 486-9396 www.kodiakak.us August 8,2012 Mayor Steve Andresen City of Port Lions PO Box 110 Port Lions, AK 99550 Re: Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from RI- Single - family Residential to PL- Public Use lands. Dear Mayor Clarion: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 19, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 12, 2012 at 6:30 p.m. in the Borough Conference Room (11121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related • to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. . Sincerely, ,netc Sheila Smith, Secretary Community Development Department Case No. 13 -010 Public Comment Page 1 of 5 Public Hearing Item / -C P &Z September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 8, 2012 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 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: 13 -010 APPLICANT: Planning & Zoning Commission AGENT: Mayor Dan Clarion, City of Port Lions REQUEST: Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL Public Use Lands LOCATION: 443 Bayview Drive, Port Lions ZONING: R1- Single- 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. Written comments must be received by 5 pm, on Tuesday, September 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmithkodiakak.us. 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. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 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: Mailing Address: Your property description: Comments: Case No. 13 -010 Public Comment Page 2 of 5 Public Hearing Item / -C P &Z September 19, 2012 Current Location Request a Manner of Initiation, according 443 Bayview Drive to KIBC 17.205.030.B, to rezone Lot 3, Port Lions Block 4 Port Lions Subdivision, Third P &Z Case 13 -010 Planning & Zoning Addition from R1- Single- family Residential Commission to PL- Public Use Lands r ilt. Illali ri sk P ® e® ONO m � 0 ® � 060 ® D ® HILLSIDE ® s I 5 tikt ®�� 4r1 S - 0 R1 My7 ® � SPRUCE cw ' mss. *I' c r ® a® ®_� ® i P TARMIGAN ® 4 • F - ® ®0 � 11,40; �H R B1/4 ® ®�� Q . ®® DRIVE m II to V A sins O TRACT D G •OP kq i 3 G ■ / ) t L egend N Kodiak Island Borough G 4 a . 49 1 Subject Parcel W � �� f E • i 0 245 4 90 980 (►' 1 t 1 t 1 1 1 1 1 ®Notification Area S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -010 Public Comment Page 3 of 5 Public Hearing item I -L P &Z September 19, 2012 GLEN BRANDAL CITY OF PORT LIONS DAVID GIRARD PO BOX 17 PO BOX 110 PO BOX 114 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 REGINALD GUNDERSON REGGIE GUNDERSON JR HILLSIDE BIBLE CHAPEL 211 SPRUCE DR 9499 BRAYTON DR #31 PO BOX 96 PORT LIONS, AK 99550 ANCHORAGE, AK 99507 PORT LIONS, AK 99550 PETER KEWAN SUSAN & DONALD KEWAN DORINDA & ARNOLD KEWAN PO BOX 73 PO BOX 88 PO BOX 81 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 DONALD KEWAN JR ROBERT KNAGIN KODIAK I5L HSG AUTH PO BOX 88 PO BOX 107 3137 MILL BAY RD PORT LIONS, AK 99550 PORT LIONS, AK 99550 KODIAK, AK 99615 JEFFREY LUKIN LESTER LUKIN EMMANUEL LUKIN ESTATE PO BOX 41 PO BOX 62 C/0 AGNES DRIVER PORT LIONS, AK 99550 PORT LIONS, AK 99550 607 OMAHA WAY VANCOUVER, WA 98661 HARRY NELSON NANCY NELSON THOMAS E NELSON P.O. BOX 87 PO BOX 8863 PO BOX 101 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 JOHN NELSON ABNER NELSON JERILYN NELSON ETAL P 0 BOX 117 PO BOX 75 P.O. BOX 61 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 THOMAS NESLON SR MARCIA OSWALT KAREN PESTRIKOFF- EGGERS ETAL PO BOX 101 P.O. BOX 722 PO BOX 37 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 PORT LIONS TRIBAL COUNCIL HELEN REDBIRD JEROME SELBY PO BOX 69 1025 NW HILLSIDE PKWY P.O. BOX 1962 PORT LIONS, AK 99550 MCMINNVILLE, OR 97128 KODIAK, AK 99615 LUCAS SMITH ALBERTA SPALDING GEORGE SQUARTSOFF 1815 MILL BAY RD PO BOX 2634 PO BOX 42 KODIAK, AK 99615 SEWARD, AK 99664 PORT LIONS, AK 99550 Case No. 13 -010 Public Comment Page 4 of 5 Public Hearing Item / -C P &Z September 19, 2012 NORMAN URSIN JESSICA URSIN BRYAN D WISE P.O. BOX 31 P080X31 PO BOX 113 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 NATIVE VILLAGE OF PORT LIONS PO BOX 81 PORT LIONS, AK 99550 Case No. 13 -010 Public Comment Page 5 of 5 Public Hearing Item / -C P &Z September 19, 2012 MEMORANDUM DATE: September 7, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -010 APPLICANT: Kodiak Island Borough Planning & Zoning Commission AGENT: Steve Andresen, Mayor, City of Port Lions REQUEST: Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single - family Residential to PL- Public Use Lands. LOCATION: 443 Bayview Drive, Port Lions, Alaska ZONING: R -1 Single Family Residential Zoning District Thirty four (34) public hearing notices were mailed on August 8, 2012. Date of site visit: None 1. Zoning History: The 1968 Comprehensive Plan did not address this area. 2. Lot Size: 15,525 square feet. 3. Existing Land Use: Village water treatment plant 4. Surrounding Land Use and Zoning: North: Port Lions 3rd Addition Block 4 Lot 4 Use: Village Public Safety Office & Fire Station Zoning: PL- Public Use Zoning District South: Port Lions 3 Addition Block 4 Lott Use: Vacant Zoning: R -1 Single Family Residential Zoning District East: Port Lions Block 1 Lot 3 Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District West: Port Lions 3 Addition Block 2 Lot 2 Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District Case No. 13 -010 Staff Rpt Page 1 of 4 Public Hearing Item / - P &Z September 19, 2012 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update Chapter Eleven, Port Lions, discusses the rezone issue indirectly. Under "Land Use ", one Goal is identified as "Be prepared for future development" and one Policy is identified as "Resolve the ownership question (and zoning) over properties in town that were conveyed from the state to the City ". Earlier discussions identified priority issues as; "Important to encourage development of more business "; "Need more land zoned R -2 and business "; and "Rezone land to allow more commercial development ". 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case No. 13 -010 Staff Rpt Page 2 of 4 Public Hearing item / -C P &Z September 19, 2012 STAFF COMMENTS This rezone action, initiated at the request of the Planning & Zoning Commission, is the result of a zoning complaint filed by a Port Lions resident expressing a concern with the City's continuing redevelopment and use of lands without the appropriate level of concern for existing zoning regulations. The complaint was not intended to be punitive, but did correctly call the City's attention to the administrative requirements of the Kodiak Island Borough Zoning Ordinance. As abstracted from the 2008 Plan Update: "The City water system and water building was built by the Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) in 1965. Major upgrade and expansion of the system have since been performed by the IHS; the pipe system was upgraded by Village Safe Water (VSW) in 1994. The existing water source is a 2.5 million - gallon reservoir created by the construction of a timber dam located on Branchwater Creek. Water is fed by gravity flow to a treatment facility and then pumped to a 125,000- gallon storage tank. There also is a back -up water pump station. The reservoir recently was renovated and is in good condition. However, the original water building is still in use and requires replacement; a new building currently is being designed." Conformance with the Comprehensive Plan: The requested rezone would broadly comply with the comprehensive plan. A modern, functioning water system is one of the primary public infrastructure facilities likely to draw new business investments, and, retain existing populations, both stated goals of the comprehensive plan. Zoning /use: The recently permitted infrastructure improvements on the adjoining lot underscored the need for an appropriate rezone in order to re- establish the compatibility between use and underlying zoning. Land Suitability: The subject parcel is an existing lot within the established lot /block grid of the City of Port Lions. Rectangular in shape, the parcel does not present any deficiencies of note. Recent Development trends in the area: Public infrastructure improvements in the form of accessory storage facilities for public safety equipment have been developed on the adjoining Lot 4 Block 4 Port Lions 3` Addition. Traffic impacts: No additional traffic impacts are expected as a result of the requested zoning change. Case No. 13 -010 Staff Rpt Page 3 of 4 Public Hearing Item / -C P &Z September 19, 2012 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved APPROPRIATE MOTION 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 3 Block 4 Port Lions 3rd Addition from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13 -010. CONDITION OF APPROVAL [1] The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. 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. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Case No. 13 -010 Staff Rpt Page 4 of 4 to KIBC 17.130.020.H, subject to Three (3) Conditions of Approval, and to adopt those findings of fact in the staff report dated September 7, 2012, as Findings of Fact for Case No. S13 -006. The public hearing was opened & closed: There was no public testimony. Discussion regarding the trail, seeing, when it comes to the parking plan stage where the trail is going to be and what they are specking out as a trail, more definition and how this is going to be handled early in the process. There was consensus regarding keeping the Chichenoff Trace Trail and possible re- routing it. In response to COMMISSIONER KERSCH'S inquiry about the access, has anyone has talked to the city about potentially using their parking lot to get through, Lydick stated he's not aware of any staff in our department that's taken the initiative on that point. COMMISSIONER SCHMITT'S inquiry regarding this facility is going to be up on a hill with a single drive access to it, the trail has the potential if approved, if permission can be acquired from the Baptist Mission, to provide some sort of alternate access to the facility and he thinks it's a good idea. SCHMITT said Woody Koning was thinking about starting discussion with the city about having an emergency access through the back of the City Police Station because the elevations are close. It's SCHMITT'S understanding that this facility would replace what is currently in the hospital building now that is deficient that is not adequate for the current state of care for the elderly but not exclusively that need good access to medical professionals 24/7 whereas the existing facility senior housing across from the Senior Center on Erskine is for basically independent living. CONDITIONS OF APPROVAL 1. The legal description (references) of the subdivision shall be corrected to read: Lots 1A -1 & 2A -1 Block 1 Hospital Subdivision. 2. The Kodiak City Fire Marshall shall certify that the access drive meets the minimum requirements of the fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Chapter 15.30 KIBC; 3. The subdivision shall incorporate the existing "Chichenoff Trace Trail" in a manner which does not prohibit or restrict public access or use of the existing recreational amenity. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat meets the requirements of Title 15 of the Borough Code. 3. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single - family Residential to PL- Public Use Lands. The applicant is the Planning & Zoning Commission and the agent is Mayor Steve Andresen, City of Port Lions. The location is 443 Bayview Drive, Port Lions. The zoning is R1-Single-family Residential. Lydick stated this request for rezone was initiated at the Commission's request, and underscores the Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject 9/19/2012 PRZ Minnfes PAPe 9 of 1 I ` parcel with the appropriate zoning in order to accommodate the existing public infrastructure facility. The issues of appropriate zoning were brought to the attention of the department by a concerned citizen. The department's out -reach effort resulted in acknowledgement by the City of Port Lions of the zoning over - sight, and a subsequent request by the City for the Commission's intervention and resolution. Thirty-four public hearing notices were mailed on August 8, 2012 and no comments have been returned supporting or opposing the request. This request for rezone has been non - confrontational and uneventful. Staff recommends approval of the rezone, and requests one (1) Condition of Approval. The applicant is required to obtain after the fact zoning compliance for the existing facility. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3rd Addition from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13 -010. The public hearing was opened & closed: There was no public testimony. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT _ 2.0 0 •lit' a ti le e• a • c. 's1.r • 1• •• • , e,' et_ A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.02 B. Fi ndings as to the Effect a Cha nge or Amendment would have on t he Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION UNANIMOUSLY COMMISSIONER SCHMITT stated in the previous case, page 80 for commissioners, for Lydick this was page 7 of 11 under public comments for Case S13 -006, there was a comment from Bob Scholze, Resource Management Officer, about there was some disclaimer language on the plat that he didn't feel was consistent with the borough code and do we need to affirmatively need to vote on that, Lydick stated that's been a topic of discussion for a while and it's unresolved at this point in time. He thinks the departments current position is if Mr. Scholze isn't satisfied with the language on the plat the borough won't sign that plat. They will change the language if they want the plat signed. His decision to resolve the issue that way was because of the concern on parties that this case be moved forward and not to gum up the Q /1 Q /7f11 7 PR,7 Minntac P,aa 1 n of 1 Z works because of a legal dispute between the surveyor and property owner. The easiest way to resolve it is that everyone understands that the plat is not going to be signed if the language appears on the plat. - OLD BUSINESS There is none. NEW BUSINESS A) Case 13 -011. Request a disposal review of tax foreclosed property, according to KIBC, 18.20.030.A, for property described as Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is 1311 Larch Street and the zoning is R2- Two - family Residential. Lydick stated from time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction. The City of Kodiak has declined to exercise their right to redeem the property for taxes, penalties, and interest due as afforded by Alaska State Statute 29.45.450. Due to the advanced dis- repair of the property, the Borough has elected to move forward with the disposal procedure in an effort to minimize the escalation of costs attributable to the onset of winter. This action does not require that a public hearing be noticed. Staff is recommending the Commission find the property ill- suited for a public purpose, and recommends forwarding a resolution supporting the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition as surplus to the borough's needs and to adopt the findings contained in the staff report dated September 8, 2012 as Findings of Fact for this case. Discussion FINDINGS OF FACT 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Planning & Zoning Rep on the Parks & Recreation Committee CHAIR TORRES stated that Casey Janz was the P &Z rep on the Parks & Recreation Committee but with her resignation we need a new representative. He asked if anyone is willing to be the P &Z rep. Smith explained that the Parks & Recreation Committee meets on the 2nd and 4 Tuesdays at 7 p.m. in the KIB School District Conference Room and the meetings don't go any later than 9 p.m. and usually in the summer their meetings are cut back to 1 meeting a month. n it n ilni D...... 11 ,.0 1 7 na i p KODIAK ISLAND BOROUGH "' °` °� AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: DRAFT Ordinance APPROVAL FOR AGENDA SUMMARY STATEMENT: This ordinance was requested by Mayor Selby. The Board is currently served by six members and an Assembly member represenative. This change would make the board consistent with all the other Assembly boards in which Assembly members appointed serve in an ex- officio capacity. Adding another seat to this board would open up opportunities from the public to serve on this board. This ordinance has not been reviewed by Mayor Selby and it is in DRAFT form. Additional changes may occur after the October 11, 2012 work session. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -08 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 2 Introduced by: Mayor Jerome Selby 3 Requested by: Mayor Jerome Selby Drafted by: Borough Clerk 4 Introduced: 10/18/2012 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING TITLE 2 ADMINISTRATION AND PERSONNE � APTER 2.125 12 ARCHITECTURAL/ENGINEERING REVIEW BOARD SECTION ..4.6r•i ".' QUALIFICATIONS 13 14 WHEREAS, the Architectural /Engineering Review Board is e =1I11s, served by six members 15 and an Assembly member representative; and 16 17 WHEREAS, the board is served by members who rav• _n interest 'rC, a wide range of 18 experience in engineering, architecture, building, pir bing, roofing, elect' p lustallation, and 19 other related fields involving the building busines;>;F•A 20 • 21 WHEREAS, this ordinance change will make this bo•'J .• Casten with all the .they Assembly 22 boards in which the Assembly member appointed will se 74jl,, -n ex- officio capacity; and 23 24 WHEREAS, adding another seat will JIM ki4 opportunities friag th- public to serve on this 25 board; and 26 27 NOW, THEREFORE, BE IT ORDAINED :k, ru-' ` OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This • di •nce is .ch general an. U.ermanent nature and shall become a part of 31 the t o.? ft1h,and :trough Code of ' ou,. r ances; and 32 33 Section 2: o�!,." ce N Er 0 - '-t''o>pj." Title 2 Administration and Personnel Chapter 34 .litect 'fl_ngineering Review Board Section 2.125.030 Qualifications 35 as folio "Tcg 36 2.125.031,,. lifications. 37 Six Seven '*xiu.ers of the 111- rd shall be residents and qualified voters of the borough and 38 shall have an 'fist and - ide range of experience in engineering, architecture, building, 39 plumbing, roofing, ic stallation, and other related fields involving the building business. 40 e' ' w ' •- •- - •• - • The 41 manager, assembly ember representative, school district superintendent, or their designees, 42 and a school board representative shall be nonvoting ex officio members of the board and may 43 participate in all discussions. 44 45 46 47 48 49 50 Kodiak Island Borough, Alaska Ordinance No. FY2013 -08 Page 1 of 2 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF 2012 53 54 55 KODIAK ISLAND BOROUGH 56 57 58 Jerome M. Selby, Borough Mayor 59 60 ATTEST: 61 62 63 64 Nova M. Javier, MMC, Borough Clerk 65 66 • • s Kodiak Island Borough, Alaska Ordinance No. FY2007 -16 Page 2 of 2 KODIAK ISLAND BOROUGH G' QG°3@C110TES,TURAL /ENGINEERING REVIEW BOARD DM0dD0NG BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Bonney 2014 486 -4005 654 -7938 stralaska PO Box 5524 Chiniak, AK 99615 Michael Brechan 2014 654 -5514 487 -2152 654 -5518 mbrechan hughes.net PO Box 303 Kodiak, AK 99615 Sonny Vinberg 2014 512 -2839 486 -2530 206 -790- sonnyvinberqahotmail.com PO Box 78 4502 hvinberg(a)koniaq.com Kodiak, AK 99615 Gregg Hacker (Chair) 2013 486 -4392 481 -2288 539 -5230 ghacker01(Qkibsd.orq PO Box 967 Kodiak, AK 99615 -0967 Proposed Additional Seat 2013 Ray Nordgulen 2012 486 -3719 539 -1639 nordqulenwings@hotmail.com 274 Neva Way Kodiak, AK 99615 Cliff Ford 2012 486 -5353 486 -7742 539 -5340 clifff(a.acsalaska.net 1250 Beaver Way Kodiak, AK 99615 NON - VOTING EX- OFFICIOS Assembly Representative Jerrol Friend 486 -7654 486 -4946 539 -1975 jerrol.friend(akibassembly.orq PO Box 175 Kodiak, AK 99615 School Board Representative Norm Wooten PO Box 3016 539 -1419 nwooten a( gci.net Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 STAFF: l!i DIRECTOR WOODY KONING 486 -9343 wkoninq(a)kodiakak.us PROJECTS MGR./INSPECTOR, KEN SMITH 486 -9341 ksmith@kodiakak.us PROJECTS ASSISTANT,:JESSI WOLFE 486 -9349 jwolfe ankodiakak.us '& FACILITIES DEPARTMENT i®IQBAY ROAD ROOMS -AA; KODIAK, =9981,5 Revision Date: 10/8/2012 Revised by: JK x t {, KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: OCTOBER 18, 2012 ITEM NO.: 13.D.3 TITLE: Declaring a Seat on the Womens Bay Service Area Board Vacant ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Hilsinger Resignation Letter APPROVAL FOR AGENDA: SUMMARY STATEMENT: On September 27, 2012, the Clerk's Office received notification of Mr. Dennis Hilsinger's resignation from the Womens Bay Service Area Board, for the seat term to expire October 2014. 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. RECOMMENDED MOTION: Accept, with regret, the resignation of Mr. Dennis Hilsinger from the Womens Bay Service Area Board for a term to expire October 2014, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 691. a/ ao 11) ukokik r MAY co,aceit1/4.3 kkA ltiSaAT t AL? M te--KT UN)NALI.Y3 Qaki 3tle.l31Gb NVLA P301 iTh \..3L,L (be-COME, &Q44C2ThJ TecOki .Av3 \LLOE,S tAE- CAM‘LY "3 tbit STATE RE-0,\A\ 1 0-&-si ML c-A-0 sEp 27 232 L J POROU niroti'nFT'CE \13:o KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 20, 2012 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of July 23, 2012, and Special Meeting Minutes of July 31, 2012, and August 6, 2012 as presented. *Acceptance of the FY13 Nutritional Alaskan Foods for Schools Grant Award as presented. *Acceptance of the FY13 ENLIVEN (Engaging Native Learners in Virtual Education Now) Grant Award as presented. ADOPTED: Motion to adopt the following Board Policy revisions in their first reading and forward them to the September 24, 2012, Regular Meeting for a second reading and public hearing: BP 2123, Evaluation of the Superintendent BP 3470, Fund Balance Classification BP 3513.3, Tobacco -Free Schools /Smoking BP 4115, Evaluation /Supervision BP 4119.25, Political Activities of Employees BP 4161.4, Family and Medical Leave Act BP 5040, Student Nutrition and Physical Activity BP 5125.1, Release of Directory Information BP 5125.2, Challenging Student Records BP 5128, Alaska Performance Scholarship Program BP 5131.43, Harassment, Intimidation and Bullying BP 5131.6, Alcohol and Other Drugs BP 5131.62, Tobacco BP 6000, Concepts and Roles (Instruction) BP 6141, Curriculum Development and Evaluation BP 6145.22, Concussion in Student Athletes BP 6163.4, School Gardens, Greenhouses, and Farms APPROVED: Motion to approve 2012/2013 certificated contracts to Ingrid Troxell - BA+0/1 in the amount of $47,264 plus $1313 village stipend for 1.0 FTE elementary teacher at Port Lions School; Melissa Griffin - BA +0 /0 in the amount of $43,763 for 1.0 FTE kindergarten teacher at East Elementary School; Lindsay Mochkatel - MA +0/8 in the amount of $67,833 for 1.0 FTE elementary teacher at North Star Elementary School; Michaek Huhndorf - MA +0 /1 in the amount of $52,516 plus $1313 village stipend KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 20, 2012 SUMMARY for 1.0 elementary teacher at Larsen Bay School; Deborah Glover - BA+0/0 in the amount of $43,763 for 1.0 FTE first grade teacher at East Elementary School; Nicholas Steele - BA +36/0 in the amount of $47,978 for 1.0 FTE social studies teacher at Kodiak High School for 185 days; and Colin Clark - MA +18/0 in the amount of $52,078 plus $1313 special education stipend for 1.0 school psychologist. APPROVED: Motion to approve the FY13 Artists in Schools Grant Award as presented. APPROVED: Motion to ratify the 2012 -2014 Kodiak Island Educational Support Association Negotiated Agreement as presented. APPROVED: Motion to approve Memorandum of Agreement No. 23030011 to The Hello Foundation, LLC in the amount not to exceed $116,000 for speech /language services for the period of August 20, 2012, through May 24, 2013; and Memorandum of Agreement No. 23030012 to The Hello Foundation, LLC in the amount not to exceed $116,000 for speech /language services for the period of August 20, 2012, through May 24, 2013. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.nsf/Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 24, 2012 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of August 20, 2012, and Special Meeting Minutes of August 30, 2012 as presented. • *Approval of the Updated Curriculum Review Cycle as presented. *Acceptance of the FY13 Fresh Fruit & Vegetable Program Grant Award as presented. *Approval of Out -of -State Student Travel, Kodiak High School Future Farmers of America Members as presented. PRESENTED: School Board President MELISSA BORTON presented retirement gold pans to Educational Technologist Laurene Madsen; East Elementary Teacher Theresa Baker; and Kodiak High School Teacher Craig Baker. PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding revision to Board Policy. Two audience members made comments and asked for clarification of Board Policy revisions. ADOPTED: Motion to adopt the following Board Policy revisions as presented in their second reading: BP 2123, Evaluation of the Superintendent BP 3470, Fund Balance Classification BP 3513.3, Tobacco -Free Schools /Smoking BP 4115, Evaluation /Supervision BP 41 19.25, Political Activities of Employees BP 4161.4, Family and Medical Leave Act BP 5040, Student Nutrition and Physical Activity BP 5125.1, Release of Directory Information BP 5125.2, Challenging Student Records BP 5128, Alaska Performance Scholarship Program BP 5131.43, Harassment. Intimidation and Bullying BP 513 1.6, Alcohol and Other Drugs BP 5131.62, Tobacco BP 6000, Concepts and Roles (Instruction) BP 6141, Curriculum Development and Evaluation KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 24, 2012 SUMMARY BP 6145.22, Concussion in Student Athletes BP 6163.4, School Gardens, Greenhouses, and Farms APPROVED: Motion to approve the FY 13 Carl Perkins Competitive Grant Non- traditional Occupations Activities Intent to Apply as presented. APPROVED: Motion to approve MOA Alaska Department of Environmental Conservation, Recreational Shellfish Beach Monitoring Pilot Program as presented. APPROVED: Motion to approve the 2012 -2013 Kodiak College Joint Facility Use Agreement as presented. APPROVED: Motion to approve the 2012 -2013 Facility Use Agreements for Old Harbor School, Ouzinkie School, Larsen Bay School, and Karluk School as presented. APPROVED: Motion to approve the Joint Use Agreement between City of Kodiak, Kodiak Island Borough, and Kodiak Island Borough School District as presented. APPROVED: Motion to acknowledge receipt of the July 2012 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $2,794,275 and year -to -date general fund expenditures in the amount of $676,072. APPROVED: Motion to approve 2012/2013 certificated contract to Laura Smelser - BA+0/5 in the amount of $19,117 for 1.0 FTE teacher at Kodiak High School for 64 days. APPROVED: Motion to approve the FY 13 Education Jobs Grant Award as presented. APPROVED: Motion to approve purchase requisition 00032962 to Apple Computer Inc., for $344,111.83 for renewal and replacement as presented. APPROVED: Motion to approve purchase requisition 00032963 to Apple Computer Inc., for $180,470.53 for Kodiak High School Computer Expansion Project as presented. APPROVED: Motion to approve purchase requisition 00032960 to Apple Computer Inc., for $29,275.25 for additional staff development as presented. APPROVED: Motion to adjourn. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 24, 2012 SUMMARY Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.nsf/Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 30, 2012 SUMMARY APPROVED: Motion to approve a 2012/2013 certificated contract to Melissa Griffin - BA +0 /0 in the amount of $43,763 for 1.0 FTE kindergarten teacher at East Elementary School, for whom the approval of the Commissioner of Education is required because she is a member of the immediate family of a school board member as per 4 AAC 18.031. APPROVED: Motion to approve the FYI4 Capital Improvement Plan as presented. APPROVED: Motion to approve purchase requisition 00032621 to North River IT Services Company in the amount of $46,410 for supporting District staff remotely and providing consulting and guidance to changes and implementation projects for FY2013. APPROVED: Motion to approve the Request to Bid for Managed Network Services. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsdorg. Kodiak Island Borough Assembly Regular Meeting Guidelines October 18, 2012, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major 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 excuse Assembly members Austerman and Kaplan who are absent due to personal leave. 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: * Declaring a Seat on the Womens Bay Service Area Board Vacant - Dennis Hilsinger. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. \ PLEASE ANNOUNCE: $TOP. Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. 5. APPROVAL OF MINUTES — None. Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award — Administrative Official Cassidy • Dora Cross, Revenue Accountant in the Finance Department B. Longevity Award — Administrative Official Cassidy • Martin Lydick, Associate Planner /Enforcement (25 Years). D. Kodiak Island Borough Volunteer Special Presentation — Mayor Selby • Nick Pletnikoff 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -011). Recommended motion: Move to adopt Ordinance No. FY2013 -05. Staff Report — Administrative Official Cassidy Open public hearing. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. 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 — Administrative Official Cassidy 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 2 12. UNFINISHED BUSINESS A. Reconsideration of Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved Pursuant To An Ordinance Passed by the Assembly. Assembly member Friend should be the maker of the motion. Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on the Other Items agenda item directing the manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24 a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of this motion that, until such an ordinance has been passed and becomes effective, said contract, purchase orders, and directives, if any, shall be treated as if never executed. Clerk's Note: Discussion is to focus STRICTLY on the reason to reconsider the vote. Staff Report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION TO RECONSIDER. If the motion to reconsider fails, move to New Business. If the motion to reconsider passes with a majority vote, the motion to direct the Manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of this motion that, until such an ordinance has been passed and becomes effective, said contract, purchase orders, and directives, if any, shall be treated as if never executed is before the Assembly as if the original vote had not taken place. • Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 3 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013 -12 for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase 111 Leachate Treatment Plant Project with ZENON Environmental Corporation d /b /a GE Water & Process Technologies of Oakville, Ontario, Canada in an amount not to exceed $2,044,503.00. Staff Report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and Erick A. Strahl as Manager. Recommended motion: Move to approve Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager. Staff Report — Administrative Official Cassidy Assembly discussion. If the Assembly wishes to convene into executive session, the recommended motion is to Move to convene into executive session to discuss Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Borough Manager which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. Please invite the borough Assembly, Administrative Official, Clerk's Office Staff, and incoming Assembly member Aaron Griffin into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 4 OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. If the Assembly wishes to postpone action on this, the recommended motion is to Move to postpone Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager to (insert date). Assembly discussion should be focused on postponement only. ROLL CALL VOTE ON MOTION TO POSTPONE. B. Resolutions 1. Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held October 2, 2012. Recommended motion: Move to adopt Resolution No. FY2013 -14. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. \ PLEASE ANNOUNCE: .Stop, Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231; Toll Free is 1 -855- 492 -9202. C. Ordinances for Introduction 1. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3 Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). Recommended motion: Move to adopt Ordinance No. FY2013 -07 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 5 2. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. Recommended motion: Move to adopt Ordinance No. FY2013 -08 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Administer Oath of Office to Newly Elected Officials. The Borough Clerk will administer the Oath of Office to newly elected Assembly members Aaron Griffin and Chris Lynch. 2. Presentation to Outgoing Assembly Members. Mayor Selby will present a plaque to outgoing Assembly member Jerrol Friend. 3. *Declaring a Seat on the Womens Bay Service Area Board Vacant. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, October 25, 2012, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, November 1, 2012, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council will hold a Joint Work Session on Tuesday, October 30, 2012, at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 18, 2012 Page 6 J / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET b Regular I/ Special Date: 1d i 1 8&t 9 Convened: Recessed: Reconvened: Adjourned: t BY: BY: Jl BY: IS BY: BY: Or SECOND: SECOND: IS SECOND: v l SECOND: '" SECOND: �,S N a t e\''''\ ,�, , , dp i 6- T� ►��� -fi V , \ A , \ , YES NO YES NO ' YES,' NO' _ YES NO YES NO Ms. Austerman f MerAttsterr� Ms Auctnrm�n Ms AuSterman Ma. Auatei11 Icir Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney '' ✓ Mr. Bonney / Mr. Friend / Mr. Friend Mr. Friend Mr. Friend V Mr. Friend Mr. Kaplan V f . a Mr. 14aplan —J Mr. Kdptan T Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch V nch tQ Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens ✓ Mr. Stephens V Ms. Stutes , / Ms. Stutes Ms. Stutes Ms. Stutes V Ms. Stutes i CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?i ' TOTAL: TOTAL: TOTAL: TOTAL: 41 ) TOTAL: 5 The mayor may of 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. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET f Q�� y� I a Regular / Special II I1`' Date: 1 b UDC/ of Convened: Recessed: Y Reconvened: Adjourned: -Th BY: 115 BY: BY: l 2) I BY: , I •/ BY: l v :LJ SECOND: Tom'. SECOND: SECOND:/ SECOND: CL SECOND: /0 4i2P . ut\f,--yoki f ki li 49 1 ° t W .,k9 t'kd-bk9i1, %Or O YES NO, YES NO • YES NO YES NO, YES NO u s - •• _ • Ms. Austerman v s. • us erma i/ miossis Mr. Bonney Mr. Bonney Mr. Bonney ✓ Mr. Bonney ,;.. Mr. Bonney Mr. Friend Mr. Friend ,� ✓ Mr. Friend // Mr. Friend Mr. Friend fi Ms. Lynch . I : �. ::: J� Mr. Stephens ,ii ni Mr. Stephens Mr. Stephens Mr Mr. Stephens Rill Mr. Stephens ni Ms. Stutes M - __ y - Ms. Stutes IV, CHANGE OF VOTE? HANGE OF +OTE? CH • NGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT_? CHANGE OF VOTE? , TOTAL! CH V TOTAL: /) 5 .-- TOTAL: TOTAL: 6- TOTAL: 0 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 assem y. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET * Date: It * g Convened: Recessed: Reconvened: Adjourned: 1 xi r tru I BY: % BY: BY: CIF^ BY: BY: SECOND: LS SECOND: S SECOND: L S , SECOND: SECOND: r 0\ , )0 4 Y\C\ YES NO YES NO YES NO YES NO YES NO - tv1r uSteT _MsrAusterrrtan Y . ' s erman V s. ' us erman • . - •• .. Mr. Bonney V Mr. Bonney 1/ Mr. Bonney.W ✓ Mr. Bonney Mr. Bonney Mr. Friend / Mr. Friend 1 Mr. Friend ✓ Mr. Friend Mr. Friend V V u .a•lan Mr. Ka•lan Mr Kaplan_ .�__ Ms. Lynch ✓ Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens j V Mr. Stephens ` / Mr. Stephens ✓/ Mr. Stephens Mr. Stephens Ms. Stutes ✓ Ms. Stutes ictk ✓ Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VO ? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE') , TOTAL: ( TOTAL: 5 0 TOTAL: V (1 TOTAL: TOTAL: 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. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: / - 4 - - 2 - 1 / Please PRINT your name Please PRINT you2name e ki `e a do 4 I2AN0A- w En- s �\ L'Ln