CHAPTER 19.08: SCHOOL BUILDING DESIGN AND CONSTRUCTION

Section

19.08.010    Communications and delegations

19.08.020    Location of school buildings

19.08.023    Site approval process for lease of charter school facilities

19.08.025    Naming of school buildings

19.08.030    School building design

19.08.040    Professional design assistance

19.08.050    Contract for professional services

19.08.060    Design phases

19.08.010 COMMUNICATIONS AND DELEGATIONS.

All recommendations or communications between the school board and the assembly required for this chapter shall be in writing. In carrying out the provisions of this section, the assembly and school board may delegate responsibilities to the manager and school superintendent respectively.

(Ord. 82-26, § 2 (part), 1982)

19.08.020 LOCATION OF SCHOOL BUILDINGS.

(A)    The Matanuska-Susitna Borough Assembly shall determine the location of school buildings pursuant to this section. For land acquisitions for school support and maintenance buildings located separate from school sites, see MSB Title 23, Real Property;

(1)    Excepting for charter school facility locations refer to the provisions of subsection (F) of this section.

(B)    Subject to assembly approval, the mayor shall appoint a school site selection committee as set forth in MSB 4.27, which shall make recommendations to the assembly on school sites requested through this section.

(C)    The committee shall request a joint report from the planning and land use director and school superintendent setting forth a suggested school site or sites. The report shall consider:

(1)    population;

(2)    school enrollment;

(3)    transportation;

(4)    the relationship of proposed sites to other community facilities;

(5)    multiple use of the site for community purposes;

(6)    other appropriate criteria and data; and

(7)    if requested by the committee, specific potential sites.

(D)    The committee may hold a public hearing and shall recommend a site or sites to the planning commission, school board, and assembly.

(E)    The assembly shall determine the location of school buildings with due consideration of the recommendation of the school board, planning commission and school site selection committee.

(F)    Charter school site selection process.

(1)    A new or proposed charter school shall follow the site approval process according to MSB 19.08.023.

(2)    An existing charter school that has been in existence for five years or more may request the borough and the school district acquire permanent facilities for the charter school. Permanent school facilities include providing for land and buildings as follows, but not limited to: a design build long-term lease or lease purchase, use of an existing borough or school district facility, public financing and construction of a new facility, or by private and/or public grant fun4/17 S-67ds for a new facility or upgrade of an existing facility.

(a)    Location of permanent charter school facilities shall be considered under provisions of this section.

(b)    The charter school seeking a permanent facility under subsection (F)(2) of this section shall recommend two representatives to participate as temporary members on the borough school site selection committee only during the consideration of said charter school facilities. The mayor shall appoint two temporary members and the assembly shall confirm the appointments.

(Ord. 17-041, § 4, 2017; Ord. 09-157, § 2, 2009: Ord. 07-019(AM), § 3, 2007: Ord. 04-150, § 2, 2004; Ord. 94-071(sub1), § 7 (part), 1994; Ord. 82-26, § 2 (part), 1982)

19.08.023 SITE APPROVAL PROCESS FOR LEASE OF CHARTER SCHOOL FACILITIES.

(A)    [Repealed by Ord. 09-157, § 3, 2009]

(B)    Any person wishing to establish a charter school shall notify the Matanuska-Susitna Borough Superintendent of Schools of their intention no later than July 1 of the year preceding the year that the charter school is to begin operation.

(1)    A waiver for good cause may be granted by the school board for applications received after July 1.

(C)    [Repealed by Ord. 09-157, § 3, 2009]

(D)    As part of this process, the charter school representatives shall identify an area encompassing at least two square miles that would meet the general geographic needs of the proposed school and the borough charter school site criteria. Specific classroom, administrative, and educational support space parameters shall be noted in writing by the charter school representatives. Details of the described spaces must be sufficiently detailed to allow a request for proposal to be developed by the school district.

(E)    The school district shall prepare a request for proposals describing the need for a facility to serve as a charter school building and the preferred geographic area being considered.

(F)    Responders to the request for proposal shall provide as part of the proposal certification by an appropriate professional that the facility being offered for consideration can meet the federal, state and local building, fire, health and safety requirements applicable to other public schools in the borough.

(G)    Upon a determination that a proposal has met the facility specifications contained in the request for proposals, the school district shall review the proposed charter school locations.

(H)    The school district shall evaluate the proposals and select a charter school site using the following criteria:

(1)    compatibility with existing land use in surrounding vicinity;

(2)    accessibility during all times of the year and weather conditions;

(3)    proximity to fire response equipment;

(4)    central to student population being served;

(5)    access to outdoor recreation and learning;

(6)    appropriate road access based on number of students and faculty members anticipated with good sight distances at driveways, adequate road maintenance, adequate parking, safe drop-off and pick-up areas, safe pedestrian access from off-site and on-site;

(7)    proximity to environmental hazards or nuisances including noise, unregulated storage or disposal of hazardous materials, heavy traffic; as well as natural hazards such as flood hazard or mass wasting areas;

(8)    availability of reliable water and waste water systems; and

(9)    lowest cost to the school district following a competitive procurement process;

(a)    the lessor shall provide any required tenant improvements at no extra cost to the school district (“tenant improvements” herein means meeting the educational specifications related to the improvements required for the charter school);

(b)    A lease may not include any provision requiring a financial cash or security bond, penalty clause, or liquidated damage clause for premature lease termination by the school district or charter school, or any provision requiring the school district or charter school to pay for any real property taxes on the property leased.

(I)    [Repealed by Ord. 09-157, § 3, 2009]

(J)    [Repealed by Ord. 09-157, § 3, 2009]

(K)    [Repealed by Ord. 09-157, § 3, 2009]

(L)    [Repealed by Ord. 09-157, § 3, 2009]

(M)    Upon school board selection of the location of the proposed charter school, the school board shall forward their recommendation to the assembly for its review and approval. Upon approval by the assembly, the school board may execute a lease.

(1)    Assembly approval is not required for a renewal of an existing charter school lease.

(Ord. 15-118, § 2, 2015; Ord. 09-157, § 3, 2009: Ord. 07-153, § 2, 2007; Ord. 02-107AM, § 2, 2002)

19.08.025 NAMING OF SCHOOL BUILDINGS.

The Matanuska-Susitna Borough School Board shall determine the name of school buildings prior to completion of construction.

(Ord. 07-089, § 2, 2007; Ord. 99-115, § 3, 1999)

19.08.030 SCHOOL BUILDING DESIGN.

No funds shall be expended on the design or construction of a school building excepting in accordance with the borough’s capital improvement program adopted by the assembly, and unless funds for the design have been appropriated by the assembly.

(Ord. 94-071(sub1), § 7 (part), 1994; Ord. 82-26, § 2 (part), 1982)

19.08.040 PROFESSIONAL DESIGN ASSISTANCE.

After the assembly has appropriated funds for building design, the assembly shall request the school board to select architectural or other appropriate professional personnel to aid in design development, which selection shall be subject to the approval of the assembly. The school board shall submit to the assembly its selection in the form of a short summary or meeting minutes setting forth the reasons for its selection. After a presentation to the school board by the best qualified firm, the school board shall send its nomination forward to the assembly for approval. After a presentation to the assembly, they shall approve or disapprove the school board’s selection, and report its action to the school board. If the assembly disapproves the selection, its report to the school board shall include the reasons for the disapproval.

(Ord. 07-089, § 3, 2007; Ord. 94-071(sub1), § 7 (part), 1994; Ord. 82-26, § 2 (part), 1982)

19.08.050 CONTRACT FOR PROFESSIONAL SERVICES.

(A)    Following approval of the professional design personnel, the assembly shall negotiate a contract for professional services. The contract:

(1)    may be for schematic design only;

(2)    may call for compensation of the professional design personnel based on lump sum, time and materials, percent of construction cost, or any other legal compensation arrangement;

(3)    shall set forth the relationship of the professional design personnel to the school board, the school superintendent, the assembly and the manager during all phases of design and construction in accordance with this chapter.

(B)    Following approval of the contract for professional services, the assembly shall inform the professional design personnel of the financial restraints and completion date objectives of the project. With the advice of the school board, the assembly shall set forth a schedule of completion of design phases, bidding and construction.

(Ord. 94-071(sub1), § 7 (part), 1994; Ord. 82-26, § 2 (part), 1982)

19.08.060 DESIGN PHASES.

(A)    The school board, with the services of professional consultants, shall develop preliminary (35 percent) and final design (95 percent). The school board shall determine if the design meets the requirements of the school district, and shall forward their recommendation to the assembly for final approval. The consultant will provide a presentation to the school board and the assembly at both stages for approval. Both the 35 percent and the 95 percent submittals shall include a site plan, floor plans, elevations, design narrative, and cost estimate at a minimum.

(B)    Should the school board or assembly disapprove of a building design, such disapproval shall be in writing and shall include the reasons for such disapproval.

(C)    Following approval of the final design, the school board shall develop or coordinate bidding documents, contract specifications, and shall invite and award bids.

(D)    [Repealed by Ord. 07-089, § 4, 2007]

(E)    [Repealed by Ord. 07-089, § 4, 2007]

(Ord. 07-089, § 4, 2007; Ord. 82-26, § 2 (part), 1982)