2023-06-15 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, June 15, 2023, 6:30 p.m.
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube
Channel. Meeting packets are available onlin e. Please subscribe to get meeting notifications when meeting
packets are published.
Page
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people,
and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize
the Alutiiq culture that enriches our community to this day.
4. ROLL CALL
5. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed marked with an asterisk (*) are considered to be routine and non-controversial
items by the Assembly and will be approved by one motion.
6. *APPROVAL OF MINUTES
A.
Special Meeting Minutes Of May 25, 2023, and June 8, 2023; and
June 1, 2023, Regular Meeting Minutes
Meeting Minutes
5 - 16
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
Please call 1(907) 486-3231 or toll free 1(855) 492-9202
8. AWARDS AND PRESENTATIONS
A.
Proclamation Declaring Filipino American Heritage Month In
Kodiak
Agenda Item Report - Pdf
17 - 18
9. COMMITTEE REPORTS
Page 0 of 195
10. PUBLIC HEARING
Please call 1(907) 486-3231 or toll free 1(855) 492-9202
A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The
Kodiak Island Borough
Agenda Item Report - Pdf
19 - 29
B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of
The Kodiak Island Borough Amending Ordinance No. FY2023-02,
Fiscal Year 2023 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For
Additional Expenditures, And Moving Funds Between Projects
Agenda Item Report - Pdf
30 - 40
11. BOROUGH MANAGER’S REPORT
A.
Borough Manager's Report
2023-06-15 Borough Manager's Report
41 - 45
12. MESSAGES FROM THE BOROUGH MAYOR
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1.
Contract No. FY2023-28, Change Order No. 1,
Authorization To Purchase An Available Chassis For A
Bayside Fire Response Vehicle
Agenda Item Report - Pdf
46 - 79
2.
Contract No. FY2023-50 Authorizing The Manager To
Execute Contract With Convergint For The Kodiak Island
Borough Lenel System Service And Maintenance
Agenda Item Report - Pdf
80 - 100
14.B. RESOLUTIONS
14.C. ORDINANCES FOR INTRODUCTION
1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey
3098 From R1-Single Family Residential District To B-
Business District
Agenda Item Report - Pdf
101 - 175
14.D. OTHER ITEMS
1.
176 - 179
Page 1 of 195
Confirmation Of Mayoral Appointment To The Parks and
Recreation Committee Of Mr. James Arneson
Agenda Item Report - Pdf
2.
Authorization To Cancel The June 29, 2023, Work Session
And July 6, 2023, Regular Meeting
Agenda Item Report - Pdf
180 - 181
3.
Mayoral Appointment Of Assembly Member
Representatives To The Health Facilities Advisory Board
And Architectural And Engineering Review Board
Agenda Item Report - Pdf
182 - 186
4.
Funding The Reimbursement Of Providence Kodiak Island
Medical Center For The Predesign Services And
Schematic Level Design For The Air Handler Unit At The
Kodiak Hospital Facility
Agenda Item Report - Pdf
187 - 188
15. CITIZENS' COMMENTS
16. ASSEMBLY MEMBERS’ COMMENTS
17. EXECUTIVE SESSION
A.
Discussion Of Matters Involving Union Negotiations With The
IBEW
Agenda Item Report - Pdf
189
B.
Discussion Of Matters Involving A Current Staff Member's
Compensation
Agenda Item Report - Pdf
190
C.
Borough Clerk's Performance Evaluation
Agenda Item Report - Pdf
191
18. ADJOURNMENT
19. INFORMATIONAL MATERIALS
A.
Womens Bay Service Area Board Minutes
WBSAB March 7 and April 4, 2023 RM Minutes
192 - 195
Page 2 of 195
__________________________________________________________________________
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting
packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public
comments, please call (907) 486-3231 or (855) 492-9202.
Page 3 of 195
Kodiak Island Borough
May 25, 2023
Assembly Special Meeting Minutes
Page 1 of 2
KODIAK ISLAND BOROUGH
Assembly Special Meeting
May 25, 2023
A special meeting of the Kodiak Island Borough Assembly was held on May 25, 2023, in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was
called to order at 6:30 p.m. Staff present were Borough Manager Williams, Engineering and
Facilities Director David Conrad, Finance Director Dora Cross, Borough Clerk Nova M. Javier,
and Assistant Clerk Irene Arellano.
ROLL CALL
Present were Mayor Scott Arndt, Assembly members Joseph Delgado, Jared Griffin, Larry
LeDoux, Scott Smiley, Geoffrey Smith, and James Turner.
CITIZENS COMMENTS
The following spoke under citizen’s comments:
• John Whiddon
• Mark Anthony Vizcocho
• Blythe Brown
• Orlando Morera
CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING
A. PUBLIC HEARING
Resolution No. FY2024-01 Establishing The Amount Of Funds To Be Made Available
From Local Sources For The Kodiak Island Borough School District For The Fiscal Year
Beginning July 1, 2023 And Ending June 30, 2024
SMILEY moved to adopt Resolution No. FY2024-01.
UPDATE: April 28, 2023
On April 28, 2023, the Kodiak Island Borough School District presented their formal,
local support funding request of $12,455,244. Their total budget passed by the School
Board on March 30, 2023, was $47,601,943.
March 25, 2023
During the Assembly Budget meeting, staff was asked to flat fund the school district for
the Manager's Budget due April 1st. Per their request, staff used the FY2023 funding
amount of $11,955,244 for the Manager's FY2024 Budget.
GRIFFIN moved to amend Resolution No. FY2024-01 by inserting $12,205,244 in line
34.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED FIVE TO ONE: Delgado,
Griffin, LeDoux, Smiley, and Smith (AYES); Turner (NO)
AGENDA ITEM #6.A.
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Kodiak Island Borough
May 25, 2023
Assembly Special Meeting Minutes
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ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE:
Griffin, LeDoux, Smiley, Smith, and Delgado (AYES); Turner (NO)
B.EXECUTIVE SESSION - Discussion Of Matters Involving Union Negotiations With The
IBEW
SMILEY moved to convene into executive session to discuss matters involving
negotiations with the IBEW under the authority of KIBC 2.30.030(F)(1)(d) for the
purpose of confidential communications with, and providing direction to, the Borough's
representative regarding negotiations with the IBEW. This executive session is for the
purpose of confidential communications with, and providing direction to, the Borough's
representative regarding labor negotiations with the IBEW.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Smith,
Turner, Delgado, and Turner
SMILEY moved to invite the Mayor, Assembly, Borough Manager Aimee Williams,
Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, and the
Borough Clerk into executive session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
After the vote, Mayor Arndt recessed the special meeting and convened the executive
session at 7 p.m.
Upon returning from the executive session, Mayor Arndt reconvened the special
meeting at 7:35 p.m. and announced that no action was taken as a result of the
executive session and direction was given to the Borough Manager to proceed with the
negotiation process.
ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:36 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Borough Mayor
Nova M. Javier, Borough Clerk
AGENDA ITEM #6.A.
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Kodiak Island Borough
June 8, 2023
Assembly Special Meeting Minutes
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Mayor Arndt recessed the special meeting at 7:15 p.m. and reconvened the meeting at
7:42 p.m.
TURNER moved to further amend Ordinance No. FY2024-02 by substitution with Level
4 version of the budget.
ROLL CALL VOTE ON THE AMENDED MOTION TO AMEND CARRIED
UNANIMOUSLY: Sharratt, Smiley, Turner, and LeDoux
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED
UNANIMOUSLY: Smiley, Turner, LeDoux, and Sharratt.
B. PUBLIC HEARING - Ordinance No. FY2024-01 Receiving The 2023 Certified Real And
Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2023
Consisting Of An Areawide Tax, Women’s Bay Fire Area Tax, A Women’s Bay Road
Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Protection Service
Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1
Roads, A Woodland Acres Street Light Service Area, A Tax In The Service Area No. 2,
A Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light
Service Area, And A Tax In The Mission Lake Tide Gate Service Area; Levying
Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2023; And
Setting The Date When Taxes Become Delinquent
SMILEY moved to adopt Ordinance No. FY2024-01.
UPDATE 05-10-23
Certification of Assessed Values for fiscal year 2024 (tax year 2023) is $1,591,237,690.
ORIGINAL
As of April 01, 2023, the areawide taxable assessed value totals are estimated at
$1,516,642,748. The Assessing Department will not certify until after the Board of
Equalization certifies this action to the assessor later in May 2023.
SMILEY moved to amend Ordinance No. FY2024-01 by substitution from version 2 to
version 4.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Turner,
LeDoux, Sharratt, and Smiley.
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED
UNANIMOUSLY: LeDoux, Sharratt, Smiley, and Turner.
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Kodiak Island Borough
June 8, 2023
Assembly Special Meeting Minutes
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ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:55 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Borough Mayor
Nova M. Javier, Borough Clerk
AGENDA ITEM #6.A.
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Kodiak Island Borough
June 1, 2023
Assembly Regular Meeting Minutes
Page 1 of 7
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
June 1, 2023
A regular meeting of the Kodiak Island Borough Assembly was held on June 1, 2023, in the
Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough
Manager Williams and Borough Clerk Nova M. Javier.
1. INVOCATION
The invocation was given by Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Mayor Arndt led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Mayor Scott Arndt, Assembly Members Joseph Delgado, Larry LeDoux,
Scott Smiley, Geoffrey Smith, and James Turner.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES(APPROVED UNDER CONSENT AGENDA)
A. Regular Meeting of May 18, 2023
7. CITIZENS' COMMENTS
The following spoke under citizen’s comments:
• Betty Walters
• Carlene McChesney
• Matt VanDaele
8. AWARDS AND PRESENTATIONS
1. Proclamation Recognizing June As LGBTQIA+ Pride Month
Mayor Arndt proclaimed June 2023 as Pride Month in Kodiak recognizing PRIDE
in the LGBTQIA+ Community of Kodiak. Anthony Ponte received the
proclamation.
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Kodiak Island Borough
June 1, 2023
Assembly Regular Meeting Minutes
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2. Proclamation Declaring June 11-17, 2023, Invasive Species Awareness Week
This proclamation recognizes June 11 - 17, 2023, as Kodiak Invasive Species
Awareness Week encouraging all residents and visitors to learn more about and
contribute to the prevention of invasive species in our Borough, and thereby
support a broad, efficient, and effective effort to protect the health and integrity
of Kodiak’s natural systems and human populations. Matt Van Daele, Natural
Resources Director of the Sunaq’ Tribe of Kodiak received the proclamation.
9. COMMITTEE REPORTS
10. PUBLIC HEARING – None.
11. BOROUGH MANAGER’S REPORT
Borough Manager Williams provided a manager’s report which was included in the
meeting packet.
12. MESSAGES FROM THE BOROUGH MAYOR
Mayor Arndt expressed his condolences to friends and families of of Mr. Weston Fields
and Mr. Walter Sargent.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS – None.
14.B. RESOLUTIONS
1. Resolution No. FY2023-27 Authorizing The Borough Manager To Accept The
Alaska Department Of Environmental Conservation (ADEC) State Revolving
Fund Loan Amendment To The Existing SRF Clean Water Fund Loan No.
505041 Allowing For The Increase And Combining Of The Loan Amounts
Creating Loan No. 505071 For The Leachate Treatment Plant Upgrade And
Stage 3 Landfill Closure Project In The Amount Of $6,162,265
SMILEY moved to adopt Resolution No. FY2023-27.
E/F staff have been working with the ADEC State Revolving Fund to explore the
potential for State loan funding to help with the Leachate Treatment Plant
Upgrade and the Stage 3 Landfill Cover projects.
As part of the State Revolving Fund loan application process, a resolution
authorizing the application for and acceptance of financial assistance must be
adopted by the local governing body (city council or borough assembly). The
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Kodiak Island Borough
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Assembly Regular Meeting Minutes
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resolution must: (1) authorize the SRF loan application process, and (2)
authorize a designated representative of the local government to execute the
loan agreement.
The Borough was allowed to retain approximately $1.7 million of Loan# 505041
associated with Phase #3 of the Lateral Expansion Project. The State allowed
the KIB to retain these funds understanding that additional work would be
required to prefect the systems. This application is for an amendment to the
original loan. It can be used for the Closure design and material cost as well as
the Leachate Treatment Plant addition costs.
Loan # 505071 would be a new loan which combines the remaining amount in
Loan # 505041 ($1,700,000.00) and a new amount requested ($4,455,625.00)
totaling $6,161,265.00.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
LeDoux, Smiley, Smith, and Turner
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak
Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget,
By Amending Budgets To Account For Various Revenues That Are Over Budget,
Providing For Additional Expenditures, And Moving Funds Between Projects
SMILEY moved to advance Ordinance No. FY2023-02C to public hearing at the
next Assembly Regular Meeting.
This ordinance presents the net changes for additional funding requests which
occurred during the current fiscal year for items or circumstances not known or
expected during the initial creation of the FY2023 Budget.
Funds (not including Capital Project Funds)
Funds are accounts established to collect money that must be used for a specified
purpose. The following funds are being changed with this budget amendment:
Fund Additional
Appropriation
Transfer
In/(Out)
Current
Unreserved
Fund Balance
100-165 General
Fund
Contingencies
($240,000)
220 Building &
Grounds ($50,000)
250 Fire
Protection Area
No.1
($100,000)
540 Hospital
Facility $251,362
Projects (within Capital Project Funds)
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Kodiak Island Borough
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Assembly Regular Meeting Minutes
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Since most projects cover multiple years, the Borough does not create annual
budgets for them. Instead, each project budget is developed when the project is
originated. Throughout the life of a project, funds will cycle in and out of the
perspective budgets due to continuous changes with the scope of work, expenses
that are over and under original estimates, or funds remaining at project
completion. The projects being amended by this budget amendment are:
Capital Project Fund Fund Name Increasing/(Decreasing)
469 Kodiak High School
Roof Repairs $240,000
469 Kodiak High School
Pool Evaluation $15,000
469 East Elementary Ceiling
/ Wall Fix in Gym $10,000
469 North Star Skylight &
Roof Repairs $30,000
455 Bayside Classroom
Addition $100,000
495 PKIMC Retaining Wall ($251,362)
Turner moved to amend Resolution No. FY2023-02C, Lines 9 and the table in
Section 2 to reflect that the transfer of the $240,000 should come from the Renewal
and Replacement Fund.
ROLL CALL VOTE ON MOTION TO AMEND: LeDoux, Smiley, Smith, Turner, and
Delgado
ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY:
Smiley, Smith, Turner, Delgado, and LeDoux
2. Ordinance No. FY2024-01 Receiving The 2023 Certified Real And Personal
Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2023
Consisting Of An Areawide Tax, Women’s Bay Fire Area Tax, A Women’s Bay
Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire
Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax
In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A
Tax In The Service Area No. 2, A Tax In The KIB Airport Fire Service Area, A
Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission
Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For
The Collection Of Taxes Due In 2023; And Setting The Date When Taxes
Become Delinquent
SMILEY moved to advance Ordinance No. FY2024-01 to public hearing at the
special meeting of June 8, 2023.
UPDATE 05-10-23
Certification of Assessed Values for fiscal year 2024 (tax year 2023) is
$1,591,237,690.
AGENDA ITEM #6.A.
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Kodiak Island Borough
June 1, 2023
Assembly Regular Meeting Minutes
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ORIGINAL
As of April 01, 2023, the areawide taxable assessed value totals are estimated
at $1,516,642,748. The Assessing Department will not certify until after the
Board of Equalization certifies this action to the assessor later in May 2023.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Delgado, LeDoux, and Smiley
3. Ordinance No. FY2024-02 Adopting The Budget For Fiscal Year 2024 And
Appropriating From All Borough Funds
SMILEY moved to advance Ordinance No. FY2024-02 to public hearing at the
special meeting of June 8, 2023.
Original 04/03/23 (Manager's Budget)
The FY2024 Borough budget, as offered for introduction, is a balanced budget;
meaning that proposed expenditures do not exceed anticipated revenues and
planned use of fund balance.
The resolution required by Alaska Statute 29.45.240 for the levy of taxes will be
done as Ordinance No. FY2024-01 per KIBC 3.25.010. The ordinance will be
considered at the Assembly's June 1, 2023 regular meeting and is set for public
hearing on June 8, 2023.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Delgado, LeDoux, Smiley, and Smith
Mayor Arndt recessed the meeting at 7 p.m. and reconvened it at 7:05 p.m.
14.D. OTHER ITEMS
1. Appointment To The Kodiak Island Borough Assembly
Mayor Arndt opened the nominations. Assembly member Smiley nominated all
four applicants. Mayor Arndt closed the nominations.
After a series of secret ballot voting resulting in a failure to select a candidate by
majority vote, Assembly member Turner requested a roll call vote. Mr. Ryan
Sharratt was selected as the result of the roll call vote having received the
majority votes from Assembly members LeDoux, Smiley, Smith, and Turner.
2. Administration Of Oath Of Office To Newly Appointed Assembly Member
The Borough Clerk administered the Oath of Office to the newly elected official
and the official will take office immediately.
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Kodiak Island Borough Code 2.25.030
Before taking office, an assembly member shall affirm in writing that the duties
of the office will honestly, faithfully, and impartially be performed. The oath shall
be filed with the clerk.
3. Hiring A Bayside Fire Chief At A Salary Step Above The Manager's Authority
SMILEY Moved to authorize the salary placement of Fire Chief of the Bayside
Volunteer Fire Department new hire at Range DBM 61, Step K.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
LeDoux, Smiley, Smith, and Turner.
4. Approval Of A Letter Of Support To The Brother Francis Shelter Of Kodiak
Housing Assistance Program Grant (HAP) Application
SMILEY moved to approve a letter of support to the Brother Francis Shelter Of
Kodiak Housing Assistance Program (HAP) Grant application.
On May 25, 2023, the Borough Clerk's Office received an email from Susan
Smith, Executive Director for the Brother Francis Shelter of Kodiak (BFSK)
requesting the attached letter in support of the BFSK grant application for the
Housing Assistance Program (HAP).
The due date for this letter is before June 4, 2023.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Smiley, Smith, turner, and Delgado
15. CITIZENS' COMMENTS
The following spoke under citizen’s comments:
• Susan Smith
• Ryan Sharratt
• Carlene McChesney
• Charlie Davidson
16. ASSEMBLY MEMBERS’ COMMENTS
• Assembly member Smiley had no comments.
• Assembly member LeDoux thanked those who applied for the assembly seat
vacancy.
• Assembly member Smith also thanked those who put their names in for the
vacancy and encouraged public members to consider running for office in the
fall. He appreciated hearing the report from Betty Walters regarding the Senior
Citizens of Kodiak.
• Assembly member Delgado concurred with the previous comments. He was
glad the Borough was able to support the nonprofits. He was excited to see that
the manager’s seat is finally filled and also the vacant assembly member seat.
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He hoped to see members from the Filipino Community and the Native
Community running for office in the Fall.
• Assembly member Turner had no comments.
17. ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:45 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Borough Mayor
Nova M. Javier, Borough Clerk
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June 8, 2023
Assembly Special Meeting Minutes
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KODIAK ISLAND BOROUGH
Assembly Special Meeting
June 8, 2023
A special meeting of the Kodiak Island Borough Assembly was held on June 8, 2023, in the
Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough
Manager Williams, Engineering and Facilities Director David Conrad, Finance Director Dora
Cross, and Borough Clerk Nova M. Javier.
ROLL CALL
Present were Mayor Scott Arndt, Assembly members Larry LeDoux, Ryan Sharratt, Scott
Smiley, and James Turner.
CITIZENS COMMENTS
• Daniel Rohrer spoke under citizen’s comments.
CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING
Mayor Arndt announced with no objection from the Assembly, staff requested that they process
Ordinance No. FY2024-02 before Ordinance No. FY2024-01.
A. PUBLIC HEARING - Ordinance No. FY2024-02 Adopting The Budget For Fiscal Year
2024 And Appropriating From All Borough Funds
SMILEY moved to adopt Ordinance No. FY2024-02.
Level 2 05/30/2023
The Level 2 budget includes additional staff recommended changes and the final school
funding amount as approved by Resolution No. FY2024-01.
Original 04/03/23 (Manager's Budget)
The FY2024 Borough budget, as offered for introduction, is a balanced budget; meaning
that proposed expenditures do not exceed anticipated revenues and planned use of
fund balance.
The resolution required by Alaska Statute 29.45.240 for the levy of taxes will be done
as Ordinance No. FY2024-01 per KIBC 3.25.010. The ordinance will be considered at
the Assembly's June 1, 2023 regular meeting and is set for public hearing on June 8,
2023.
Daniel Rohrer spoke under public hearing.
TURNER moved to amend Ordinance No. FY2024-02 by substitution with the Level 3
version of the budget.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux,
Sharratt, Smiley, and Turner.
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KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Proclamation Declaring Filipino American Heritage Month In Kodiak
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
The Mayor will proclaim the month of June Filipino American Heritage Month in Kodiak.
DISCUSSION:
This proclamation declares the month of June Filipino American Heritage Month in Kodiak
urging all citizens to participate in the festivities celebrating the rich heritage and traditions of
the Philippine Islands. Kodiak FilAm President Mark Vizcocho will be receiving the
proclamation.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #8.A.
Proclamation Declaring Filipino American Heritage Month In Kodiak Page 17 of 194
Office of the Mayor
Kodiak Island Borough, Alaska
Proclamation
DECLARING FILIPINO AMERICAN HERITAGE MONTH IN KODIAK
WHEREAS, the Kodiak Island Borough is made up of a wonderful mosaic of culturally diverse
people; and
WHEREAS, Filipino Americans make vital contributions to the economic, social, political, and
cultural quality of life in the community; and
WHEREAS, June 12, 2023, marks the 125th anniversary of the declaration of Philippine
independence; and
WHEREAS, this momentous occasion provides an opportunity for all Filipino Americans to
share their cultural heritage with people of all races, ethnicities, and nationalities; and
WHEREAS, this momentous occasion is essential so that Filipino Americans can continue to
reflect the shared values and manifest our joys in harvesting the fruits of such values; and
NOW, THEREFORE, I, Scott Arndt, Mayor of the Kodiak Island Borough do hereby proclaim
the month of June 2023 as:
Filipino American Heritage Month
in Kodiak and urge all citizens to participate in the festivities celebrating the rich heritage and
traditions of the Philippine Islands.
In witness whereof, I have hereunto set my
Hand and cause this seal to be affixed.
___________________________
Scott Arndt, Mayor
Attest:
___________________________
Nova M. Javier, MMC, Clerk
AGENDA ITEM #8.A.
Proclamation Declaring Filipino American Heritage Month In Kodiak Page 18 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island
Borough
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to adopt Resolution No. FY2024-02.
DISCUSSION:
KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a
list of recommended changes to the current fee schedule for fiscal year 2024 as shown on the
attached exhibit.
The last increase to the Asbestos Disposal Fee was in FY2010 increasing from $135/cy to
$200/cy.
Current rate of $200.00 minimum, $200/cy
20% increase = $240/cy
25% increase = $250/cy
50% increase = $300/cy
Clerk's note: Mayor Arndt requested a public hearing for this item.
ALTERNATIVES:
FISCAL IMPACT:
None
OTHER INFORMATION:
AGENDA ITEM #10.A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 19 of 194
Resolution No. FY2024-02 Page 1 of 1
KODIAK ISLAND BOROUGH 1
RESOLUTION NO. FY2024-02 2
3
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 4
REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH 5
6
WHEREAS, prudent financial management dictates that an organization review its fees on an 7
annual basis; and 8
9
WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an 10
annual basis; and 11
12
WHEREAS, it is recognized that if a service or program benefits only a select individual or group 13
of individuals, those individuals or group of individuals should pay for the service; and 14
15
WHEREAS, staff has compiled a list of all current fees; and 16
17
WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 2024 18
as shown on the attached exhibit. 19
20
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21
BOROUGH that 22
23
Section 1: The attached exhibit of schedule of fees shall become effective July 1, 2023. 24
25
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 26
THIS DAY OF , 2023 27
28
KODIAK ISLAND BOROUGH 29
30
ATTEST: 31
___________________________ 32
Scott Arndt, Mayor ______________________________ 33
Nova M. Javier, MMC, Borough Clerk 34
35
VOTES: 36
Ayes: 37
Noes: 38
39
40
41
AGENDA ITEM #10.A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 20 of 194
Change Date on Front Page and Footers
by D. Cross
Contents Page
Miscellaneous Services 2
Title 3: Revenue and Finance 3
Title 5: Business Licenses 3
Title 6: Animals 3
Title 8: Health and Safety
Solid Waste Collection and Disposal 4 - 5
Title 12: Naming Buildings, Public Facilities,
Streets, and Sidewalks 6
Title 15: Building and Construction
Building Permits 6
Electric Permits 6 - 7
Grading Permits 7
Plan Review 7
Plumbing 7
Other 8
Title 16: Subdivision 8
Title 17: Zoning 9
Title 18: Borough Real Property 9
KODIAK ISLAND BOROUGH, ALASKA
FEE SCHEDULE
Effective: July 1, 2022 2023
AGENDA ITEM #10.A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 21 of 194
MISCELLANEOUS SERVICES
BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER
Copy of Fire Reports $25.00
One-half of Training Center, per half day (1-6 hrs, max 49 people)$15.00
One-half of Training Center, per day (6-10 hrs, max 49 people)$25.00
Full Training Center, per half day (1-6 hrs, max 100 people)$30.00
Full Training Center, per day (6-10 hrs, max 100 people)$50.00
Refundable Cleaning Deposit $50.00
Notes:
BOROUGH CODE OF ORDINANCES
Borough Code, Complete $200.00
Supplement Service (Annual Fee)$75.00
Title 15, complete first 20 pages free, $0.25 thereafter
Title 16, complete first 20 pages free, $0.25 thereafter
Title 17, complete first 20 pages free, $0.25 thereafter
BOROUGH RECORDS
2007 Comprehensive Plan (bound copy)$100.00
Audio Recording CD $5.00
Audio Recording (saved on requester's thumb drive) no charge
Audio Recording (sent by email)no charge
Certified copies (does not include copy charges)$5.00
Copy, scan single file to CD or DVD, per disk (includes large scale maps)$5.00
Copies, per page first 20 pages free, $0.25 thereafter
Comprehensive Plans, paper $25.00
Electronically Reproduced Records (hard copy to electronic)no charge
Electronically Produced/Provided Records (originally electronic)no charge
GENERAL SERVICES
Interest on Miscellaneous Delinquent Accounts 12% annually
New/Transfer Liquor License $1.00 per notice mailed
Non-Filing or Late Filing Fee for Special Taxes (Excise,Severance,and Transient
Accommodations)$50 per filing
ACH Online Payment Return Fee $25.00 Addtion of ACH Online Payment return fee
NSF Check Fee $25.00 by: D.Cross
Research Service, records recovery *First 5 hours free per month/per requestor/$40.00 per hr
thereafter
Research Service, data analysis *Fee set at $40.00 per hr
Wire Transfer Fee $25.00
Check Replacement Fee $15.00
Notes:
*
KODIAK FISHERIES RESEARCH CENTER (KFRC)
Main Lobby (upstairs/down - fee includes large conference room)$250.00
Refundable cleaning deposit, main lobby $300.00
Large Conference Room $50.00
Refundable cleaning deposit, large conference room $50.00
Small Conference Room $40.00
Refundable cleaning deposit, small conference room $30.00
Conference Room Staffing Fee $65.00 per hour/ 2 hr minimum Addition for staff fee for KFRCby: D. Conrad
Notes:
REPRODUCTION AND MAPPING COSTS:
GIS services (1/4 hr minimum)$60.00/hr
Prints/Copies
Bond $1.00 sq ft
Semi Gloss $2.00 sq ft
Mylar $3.00 sq ft
8.5 X 11 inch first 20 pages free, $0.25 thereafter
11 X 17 inch first 10 pages free, $0.50 thereafter
Notes:
No copying or commercial use, except for reference
Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted in the facility may apply for a waiver of KFRC
fees.
Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use
fees.
KIBC 2.40.060 authorizes the setting of fees for compilation or creation or records (data analysis). The arbitrary amount of $40 per hour is an average of
Clerk's Office staff hourly wage and benefits. KIBC 2.40.040 notes that we cannot exceed the actual salary and benefit cost for personnel time.
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AGENDA ITEM #10.A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 22 of 194
TITLE 3: REVENUE AND FINANCE
SPECIAL ASSESSMENT AND PROPERTY TAX
Foreclosure/Attorney Fee actual cost
Publication Fee actual cost
Redemption Certificates actual cost
Administration Fee on Clerk Deeded Properties $500.00
Interest 12% annually
Penalty 10% one time charge
Marijuana
Excise Tax on Flower and Bud 20% per ounce of any per ounce tax imposed by the State of
Alaska or $10 per ounce, whichever is greater
Excise Tax on Remaining Portions of the Plant 20% per ounce of any per ounce tax imposed by the State of
Alaska or $3 per ounce, whichever is greater
Interest 12% annually
Penalty 10% one time charge
Effective Starting July 1, 2021 Remove- by D. Cross
Excise Tax on Cigarettes $.10 each $.15 each
Excise Tax on Other Tobacco Products 50% of wholesale cost 75% of wholesale cost
Interest 12% annually
Penalty within 7 days of due date 10% one time charge
Penalty within 16 days of due date 15% one time charge
TITLE 5: BUSINESS LICENSES
Marijuana
Cultivation Facilities - Limited $200.00 annually
Cultivation Facilities - Standard $1,000.00 annually
Manufacturing - Concentrate $200.00 annually
Manufacturing - Product $1,000.00 annually
Retail $1,000.00 annually
Testing $200.00 annually
Tobacco
License Fee $100.00 annually
TITLE 6: ANIMALS
Animal Control
Impound Fees
Impound of an animal - First offense $50.00
Impound of an animal - Second offense $75.00
Impound of an animal - 3rd & up $125.00
License Fees
Male Dog, per year $35.00
Female Dog, per year $35.00
Neuter and Spayed Dogs, per year $10.00
Duplicate Tag, each $5.00
Miscellaneous Fees
Rabies Vaccinations Deposit (partially refundable)$20.00
Tobacco Effective Starting January 1, 2021
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 23 of 194
TITLE 8: HEALTH AND SAFETY
SOLID WASTE COLLECTION AND DISPOSAL
Appliances
Appliances Other, residential no charge from "Primary Residence Only"
Refrigerators/Freezers, residential $10.00 each
Asbestos Disposal (must be delivered in compliance with applicable regulations)$200.00 minimum, $200.00/cy
Batteries
Lead Acid Batteries - residential no charge
Lead Acid Batteries - commercial $10.00 per large, $5.00 per small
Lithium Batteries $6.00 per large, $3.00 per small
Commercial Garbage $20.00 minimum, $365.00/ton
Construction/Demolition Debris (C&D) (residential over 260lb/commercial/ industrial
/institutional)$20.00 minimum, $365.00/ton
Fishing Gear - line, netting and web only $365.00/ton
Equipment Usage to Off-Load Customer Waste $100.00/hour, $100.00 minimum
Garbage Truck of Borough Collection Contractor $365.00/ton
Garbage Truck of United States Coast Guard Contractor $365.00/ton
Household Hazardous Waste
40 lb limit per month no charge
Greater Than 40 lbs per month $1.00/lb
Marine Debris (does not include line, netting and webbing - see Fishing Gear)
Less than 1 cy no charge
1 to 10 cubic yards - Must complete acceptance form at landfill.no charge
Greater than 10 cubic yards: ADEC and KIB approval required before delivery.
Line, netting, webbing, recyclables, and metal must be separated prior to
delivery.$365.00/ton
Metals (includes vehicles larger than one ton capacity) $365.00/ton ($0.1825/lb)
Mobile Homes/Recreational Vehicles (measured per longest dimension) See Note $50.00/lf
Oil
Used Oil - commercial $3.00/gal
Used Oil - residential - 5 gallons per month no charge
Used Oil - residential - greater than 5 gallons per month $1.50/gal
Residential Waste (by passenger automobile or pickup truck) This includes C&D, and
household waste.
Up to 260 lbs total per day (no metals)no charge
261 pounds or greater $365.00/ton
Tires - commercial $365.00/ton
Use of Scale to Obtain a Certified Weight $20.00 per ticket
Vehicles (vehicles larger than one ton capacity will be charged at the metals rate)$475.00 per vehicle
Waste Screenings $365.00/ton
Rented Commercial Open Top Dumpster Mixed Loads**$750.00
Note: Any mixed construction loads that have greater than 10% metals will not be accepted.
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 24 of 194
TITLE 8: HEALTH AND SAFETY (Cont'd)
SOLID WASTE COLLECTION AND DISPOSAL (Cont'd)
NOTES:
*
*
*
*
*
*
*
*
**
Definitions:
Approved non-profit entities may be granted an exemption from solid waste disposal fees for pre-approved cleanup events.
Commercial Waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and/or barter.
Commercial establishments, and/or small quantity generators, who generate hazardous waste must contact an environmental company to properly dispose
of their waste.
All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance. All materials must be separated into
C&D, metal and recyclables prior to delivery.
Rented Commercial Open Top Dumpster are provided by Waste Connection to paying customers per request. No other Municipal Solid Waste components
such as metals, food waste, oil or lubricants, fluids or household garbage are to be commingled in the dumpster. Mixed waste streams delivered to the
landfill that require staff to sort or segregate materials incur a $750.00 fee charge and possible suspension of the use of a commercial dumpster.
Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island
Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will invoice the United States
Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged
based on the applicable fee represented in this schedule.
Companies conducting commercial, industrial and institutional demolition projects need to separate their waste into metal and non-metal loads. Mixed loads
will not be accepted at the landfill.
Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped
clean. Tanks under 500 gallons must have an 18" square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped
clean. Tanks 1,000 gallons and greater must contact Engineering/Facility staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths.
Other metal items must be cut into pieces no greater than 17' long, 7' wide and 5' high. They must be separated from non-metal material (e.g., machinery
with hoses or electrical components).
Approved Thrift Stores will be allowed free disposal of self-hauled household residential waste of up to 2,000 lbs/week. Disposal of large items (e.g., boats,
trailers, construction/demolition debris and metals) will be charged at the same rate as shown in this fee schedule.
Governmental customers may be served by a private company by direct negotiation for service. Fees will be set, billed and collected by that company.
Residential Waste - Waste generated from your home (for example, household garbage, bulky items such as furnishings and grass/lawn clippings). It
includes homeowner construction/demolition waste but does not include metals.
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 25 of 194
TITLE 12: NAMING BUILDINGS, PUBLIC FACILITIES, STREETS, AND SIDEWALKS
Street Name Change Fee $150.00
TITLE 15: BUILDING AND CONSTRUCTION
BUILDING PERMIT FEES
Total Value Fees
Value = up to $500.00 $15.00
Value = $500.01 - $2,000.00 $15.00 for the first $500 plus $2.00 for each additional $100.00 or
fraction thereof, to and including $2,000.00
Value = $2,000.01 - $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
Value = $25,000.01 - $50,000.00
$252.00 for the first $25,000.00 plus $6.50 for each additional
$1,000.00 or fraction thereof, to and including $50,000.00
Value = $50,000.01 - $100,000.00
$414.50 for the first $50,000.00 plus $4.50 for each additional
$1,000.00 or fraction thereof, to and including $100,000.00
Value = $100,000.01 to $500,000.00
$639.50 for the first $100,000.00 plus $3.50 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00
Value = $500,000.01 to $1,000,000.00
$2,039.50 for the first $500,000.00 plus $3.00 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00
Value = $1,000,000.01 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each
additional $1,000.00 or fraction thereof
Notes:
ELECTRIC PERMIT FEES
NEW CONSTRUCTION ELECTRICAL WORK
Single Family and Duplexes:
Temporary Work Service Permit $36.00
Residential Single Family - new $84.00
Duplex - new $120.00
Additional Wiring, remodeling residential only $36.00
ALL OTHER ELECTRICAL WORK
Issuance of Permit $42.00
Each Sub-panel $24.00
Each Fixture/Duplex Outlet/Individual Switch/Emergency Light $1.50
Electric Heat per k.w. Installed $1.20
Each Power Outlet $2.40
Electrical Service to 200 amps $24.00
Electrical Service over 200 amps $36.00
Each Area Floodlight, 1st light $24.00
Each Additional Floodlight $6.00
Generator per k.w. output $1.20
Transformers 5 k.v.a. or above $6.00
Motor Connections, 15 hp and above $24.00
Transfer Switches - manual $6.00
Transfer Switches - automatic $12.00
Electrical Signs $24.00
Trailer Courts - each space $60.00
Each Additional - same permit $12.00
Temporary Services $6.00
Environmental Control Devices per Outlet/Unit $1.50
TITLE 15: BUILDING AND CONSTRUCTION (Cont'd)
ELECTRIC PERMIT FEES (Cont'd)
ALL OTHER ELECTRICAL WORK (Cont'd)
$0.00 - $500.00 $42.00
$501.00 - $1,000.00 $72.00
$1,001.00 - $2,000.00 $120.00
$2,001.00 - $3,000.00 $180.00
$3,001.00 - $4,000.00 $240.00
$4,001.00 - $6,000.00 $300.00
$6,001.00 - up $360.00
I. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as
published, by I.C.B.O. Building Standards
The following schedule of fees shall apply to all electrical work for which a permit is required
The following schedule of fees shall apply to all electrical work for which a plan review is required:
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 26 of 194
First Inspection, per hour $48.00
Second Inspection, per hour $60.00
Each Additional Inspection, per hour $72.00
Electric Permits After Work has Started 2 x the published amount
GRADING PERMIT FEES:
50 cubic yards $23.50
51 to 100 c.y.$37.00
101 to 1,000 c.y.$37.00 for 1st 100 cy + $17.50 for ea additional 100 cy
1,001 to 10,000 c.y.$194.50 for 1st 1,000 cy + $14.50 for ea additional 1,000 cy
10,001 to 100,000 c.y.$325.00 for 1st 10,000 cy + $66.00 for ea additional 10,000 cy
100,001 c.y. or more $919.00 for 1st 100,000 cy + $36.50 for ea add 10,000 cy
Note:
PLAN REVIEW FEES
Commercial 65% of the building permit fee
Residential non-engineered 50% of the building permit fee
Residential engineered 20% of the building permit fee
Notes:
PLUMBING PERMIT FEES:
Additional Plumbing Remodeling - residential only $36.00
Single Family and Duplexes (base fee):
New Duplex $120.00
New Residential Single Family $84.00
Plus the Following Additional Charges:
Each Plumbing Fixture $8.40
Each Gas Outlet $6.00
Each Water Heater and Hot Water Boiler (per 1.000 btu)$0.24
Automatic Sprinkler Systems (per head)$1.80
Plumbing Alteration Work (per outlet)$8.40
All Other Plumbing Work $42.00
Plumbing Permits After Work has Started 2 x the published amount
When extra inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on
the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed.
For each further extra inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows:
Note: The building department shall allow for correction of such work, a maximum of ten working days following the date of inspection
I. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as
published, by I.C.B.O. Building Standards
The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and
the fee shown for the entire project.
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 27 of 194
TITLE 15: BUILDING AND CONSTRUCTION (Cont'd)
OTHER FEES:
Additional Plan Review Required by Changes, additions or revision to approved plans $50.00/hr
Appeals and Exceptions $350.00
Building Demolition Fee $40.00
Driveway Permit Fee, (no fee when included w/bldg permit)$25.00
Inspections Which No Fee is Specifically Indicated $40.00/hr
Inspections Outside Normal Business Hours (per hour, 2 hr min)$70.00
Reinspection Fees Assessed Under Provisions of Section 305G $40.00/hr
Right of Way (ROW) Permit for Driveway Access $100.00
TITLE 16: SUBDIVISIONS
SUBDIVISION FEES
Abbreviated/Aliquot Part Plats $500.00
Appeal to Assembly $200.00
Appeal to Commission $200.00
Appeal Record Copy, per page first 20 pages free, $0.25 thereafter
Review of P&ZC Decision $200.00
Vacations $500.00 + plat fee
Waivers $150.00
Inspection Services - General
Personnel Costs - strait time $40.00/hr
Personnel Costs - over time $56.00/hr
Personnel Costs - double time $72.00/hr
Vehicle - hours $1.70/hr
Vehicle - mileage $0.30/mi
Vehicle - administrative fee 10%
Inspection Services - Subdivision:
Road and Utility Improvement (per lineal ft)
Improvements for 1 to 12 lots $3.50/lf
Improvements for 13 lots and more $2.00/lf
Materials Approval Services:
First Submittal $200.00 Subsequent Reviews $60.00
Plan Review Services:
Additional Improvement Plan Reviews $100.00
Improvement Plan Review actual cost
Initial and Final Plan $200.00
Site Grading Plan Review $250.00
Preliminary Plats Creating:
1 to 12 lots $500.00
13 of more lots $500.00 + $50.00 for each additional lot over 12
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 28 of 194
TITLE 17: ZONING
After the fact Zoning Compliance Permits 2 x the published amount
Appeal to Board of Adjustment $350.00
Appeal to Commission $200.00
Appeal Record Copy, per page first 20 pages free, $0.25 thereafter
Conditional Use Permit $250.00
Other P&Z Screening Approval $150.00
Postponement at Petitioner's Request - public hearing item $150.00
Postponement at Petitioner's Request - non-public hearing item $25.00
Review of P&ZC Decision $200.00
Variance $400.00
Zoning Change Permit:
4 or less lots $350.00
5 - 20 lots $750.00
21 + lots $1,500.00
Zoning Compliance Permit :
Less than 1.75 acres $30.00
1.76 to 5.00 acres $60.00
5.01 to 40.00 acres $90.00
40.01 acres or more $120.00
TITLE 18: BOROUGH REAL PROPERTY
Land Disposal Application $350.00
Land Use Permits - temporary KIBC 18.50.010.B $250.00
Land Use Permits - annually KIBC 18.50.010.C $1,200.00
Material Sales, royalty fee per cubic yard - annually $2.00
Wood Cutting Permits - Chiniak area - annually Free with signed liability waiver
Wood Cutting Permits - specified areas other than Chiniak - 30 days $25.00
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Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island B...Page 29 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak
Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget,
By Amending Budgets To Account For Various Revenues That Are Over Budget,
Providing For Additional Expenditures, And Moving Funds Between Projects
ORIGINATOR: Dria Bray-Holloway, General Accountant
RECOMMENDATION:
Move to adopt Ordinance No. FY2023-02C.
DISCUSSION:
UPDATE 06/01/2023
Funding source for the Kodiak Island High School Roof Repair was changed from the General
Fund to the Renewal & Replacement Fund.
ORIGINAL
This ordinance presents the net changes for additional funding requests which occurred during
the current fiscal year for items or circumstances not known or expected during the initial
creation of the FY2023 Budget.
Funds (not including Capital Project funds)
Funds are accounts established to collect money that must be used for a specified purpose.
The following funds are being changed with this budget amendment:
Fund Transfer
In/(Out)
100-165 General Fund Contingencies
469 Renewal & Replacement ($240,000)
220 Building & Grounds ($50,000)
250 Fire Protection Area No.1 ($100,000)
540 Hospital Facility $251,362
Projects (within Capital Project Funds)
Since most projects cover multiple years, the Borough does not create annual budgets for them.
Instead, each project budget is developed when the project is originated. Throughout the life of
a project, funds will cycle in and out of the perspective budgets due to continuous changes with
the scope of work, expenses that are over and under original estimates, or funds remaining at
project completion. The projects being amended by this budget amendment are:
Capital Project Fund Fund Name Increasing/(Decreasing)
469 Kodiak High School Roof
Repairs $240,000
469 Kodiak High School Pool
Evaluation $15,000
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 30 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
469 East Elementary Ceiling /
Wall Fix in Gym $10,000
469 North Star Skylight & Roof
Repairs $30,000
455 Bayside Classroom Addition $100,000
495 PKIMC Retaining Wall ($251,362)
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 31 of 194
Ordinance No. FY2023-02C Page 1 of 2
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2023-02C 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4
ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS TO 5
ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 6
ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS 7
8
WHEREAS, staff requests a transfer of $240,000 from within the General Renewal & 9
Replacement Fund Contingencies Account to the Kodiak High School Roof Repairs project; and 10
11
WHEREAS, staff requests a transfer of $15,000 from Buildings and Ground fund to the Kodiak 12
High School Pool Evaluation project; and 13
14
WHEREAS, staff requests a transfer of $10,000 from Buildings and Ground fund to the East 15
Elementary Emergency Ceiling/ Wall Fix in Gym project; and 16
17
WHEREAS, staff requests a transfer of $30,000 from Building and Grounds fund to North Star 18
Roof and Skylight Repair project; and 19
20
WHEREAS, staff requests a transfer of $100,000 from the Fire Protection Area No.1 fund to the 21
Bayside Classroom Addition project; and 22
23
WHEREAS, staff requests a transfer of $251,362 of unexpended Capital Project funds to the 24
Hospital Fund from the PKIMC (Providence Kodiak Island Medical Center) Retaining Wall project. 25
26
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27
BOROUGH that: 28
29
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 30
Kodiak Island Borough Code of Ordinances. 31
32
Section 2: The following budget amendments are made, and supplemental appropriations are 33
approved: 34
35
Transfer Appropriations: 36
Fund – Department
Transferring Out
Fund –
Department/Project
Transferring in
Transfer
Amount
100-165 General Contingencies
469 Renewal & Replacement
469 / #23006 $240,000
220 Building & Grounds 469 / #23005 $15,000
220 Building & Grounds 469 / #23004 $10,000
220 Building & Grounds 469 / #23002 $30,000
250 Fire Protection Area No.1 455 / #22010 $100,000
495 Capital Projects / #20003 540 Hospital $251,362
37
Version 2
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 32 of 194
Ordinance No. FY2023-02C Page 2 of 2
Effective Date: This ordinance takes effect upon adoption. 38
39
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40
THIS __________ DAY OF _______________, 2023 41
42
KODIAK ISLAND BOROUGH ATTEST: 43
44
45
___________________________ ___________________________ 46
Scott Arndt, Borough Mayor Nova Javier, MMC, Borough Clerk 47
48
Introduced by: Borough Manager 49
First reading: 06/01/2023 50
Second reading/public hearing: 51
52
VOTES: 53
Ayes: 54
Noes: 55
56
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 33 of 194
Ordinance No. FY2023-02C Page 1 of 2
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2023-02C 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4
ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS TO 5
ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 6
ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS 7
8
WHEREAS, staff requests a transfer of $240,000 from the General Fund Contingencies 9
Account to the Kodiak High School Roof Repairs project; and 10
11
WHEREAS, staff requests a transfer of $15,000 from Buildings and Ground fund to the Kodiak 12
High School Pool Evaluation project; and 13
14
WHEREAS, staff requests a transfer of $10,000 from Buildings and Ground fund to the East 15
Elementary Emergency Ceiling/ Wall Fix in Gym project; and 16
17
WHEREAS, staff requests a transfer of $30,000 from Building and Grounds fund to North Star 18
Roof and Skylight Repair project; and 19
20
WHEREAS, staff requests a transfer of $100,000 from the Fire Protection Area No.1 fund to the 21
Bayside Classroom Addition project; and 22
23
WHEREAS, staff requests a transfer of $251,362 of unexpended Capital Project funds to the 24
Hospital Fund from the PKIMC (Providence Kodiak Island Medical Center) Retaining Wall project. 25
26
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27
BOROUGH that: 28
29
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 30
Kodiak Island Borough Code of Ordinances. 31
32
Section 2: The following budget amendments are made, and supplemental appropriations are 33
approved: 34
35
Transfer Appropriations: 36
Fund – Department
Transferring Out
Fund –
Department/Project
Transferring in
Transfer
Amount
100-165 General Contingencies 469 / #23006 $240,000
220 Building & Grounds 469 / #23005 $15,000
220 Building & Grounds 469 / #23004 $10,000
220 Building & Grounds 469 / #23002 $30,000
250 Fire Protection Area No.1 455 / #22010 $100,000
495 Capital Projects / #20003 540 Hospital $251,362
37
Effective Date: This ordinance takes effect upon adoption. 38
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 34 of 194
Ordinance No. FY2023-02C Page 2 of 2
39
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40
THIS __________ DAY OF _______________, 2023 41
42
KODIAK ISLAND BOROUGH ATTEST: 43
44
45
___________________________ ___________________________ 46
Scott Arndt, Borough Mayor Nova Javier, MMC, Borough Clerk 47
48
Introduced by: Borough Manager 49
First reading: 06/01/2023 50
Second reading/public hearing: 51
52
VOTES: 53
Ayes: 54
Noes: 55
56
AGENDA ITEM #10.B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 35 of 194
Project - 11009 Island Wide UST Removal/ Replacement (469-614)Active REVENUES 572,931.00 572,931.00 .00 100
EXPENSES 572,931.00 570,641.34 .00 2,289.66 100
Project 11009 - Island Wide UST Removal/ Replacement (469-614)Net $0.00 $2,289.66 ($2,289.66)+++
Project - 12010 Anton Larsen Dock (430-530)Active REVENUES 2,100,000.00 1,848,573.50 251,426.50 88
EXPENSES 2,100,000.00 1,848,573.50 .00 251,426.50 88
Project 12010 - Anton Larsen Dock (430-530)Net $0.00 $0.00 $0.00 +++
Project - 13006 Borough Building Rehab (469-614)Active REVENUES 1,931,702.00 1,931,702.00 .00 100
EXPENSES 1,931,702.00 23,519.82 .00 1,908,182.18 1
Project 13006 - Borough Building Rehab (469-614)Net $0.00 $1,908,182.18 ($1,908,182.18)+++
Project - 18005 Baler Building UST Removal/Replacement (490-566)Active REVENUES 235,000.00 235,000.00 .00 100
EXPENSES 235,000.00 212,948.49 5,000.00 17,051.51 93
Project 18005 - Baler Building UST Removal/Replacement (490-566)Net $0.00 $22,051.51 ($17,051.51)+++
Project - 19003 KFRC Seawater Storage & Filter Vessels (426-805)Active REVENUES 30,000.00 30,000.00 .00 100
EXPENSES 30,000.00 .00 .00 30,000.00 0
Project 19003 - KFRC Seawater Storage & Filter Vessels (426-805)Net $0.00 $30,000.00 ($30,000.00)+++
Project - 19008 CAMA/ Collection Software Upgrade (415-569)Active REVENUES 600,000.00 600,000.00 .00 100
EXPENSES 600,000.00 .00 .00 600,000.00 0
Project 19008 - CAMA/ Collection Software Upgrade (415-569)Net $0.00 $600,000.00 ($600,000.00)+++
Project - 19011 Womens Bay Fire Kitchen Remodel (450-550)Active REVENUES 25,000.00 25,000.00 .00 100
EXPENSES 25,000.00 .00 .00 25,000.00 0
Project 19011 - Womens Bay Fire Kitchen Remodel (450-550)Net $0.00 $25,000.00 ($25,000.00)+++
Project - 19012 Leachate Aeration / LTP Pretreatment Upgrades (490-
712)
Active REVENUES 2,888,000.00 2,888,000.00 .00 100
EXPENSES 2,888,000.00 1,502,148.56 1,554,530.28 (168,678.84)106
Project 19012 - Leachate Aeration / LTP Pretreatment Upgrades (490-712)Net $0.00 $1,385,851.44 $168,678.84 +++
Project - 19013 Junk Car Removal (415-538)Active REVENUES 25,200.00 25,200.00 .00 100
EXPENSES 25,200.00 19,912.80 .00 5,287.20 79
Project 19013 - Junk Car Removal (415-538)Net $0.00 $5,287.20 ($5,287.20)+++
Project - 19014 Fuel Leak Cleanup @ Hospital 540-740 ( Reimbursable)Active REVENUES 150,000.00 150,000.00 .00 100
EXPENSES 150,000.00 197,586.72 .00 (47,586.72)132
Project 19014 - Fuel Leak Cleanup @ Hospital 540-740 ( Reimbursable)Net $0.00 ($47,586.72)$47,586.72 +++
Project - 19015 Aerial Imagery (415-)Active REVENUES 40,000.00 40,000.00 .00 100
EXPENSES 40,000.00 .00 .00 40,000.00 0
Project 19015 - Aerial Imagery (415-)Net $0.00 $40,000.00 ($40,000.00)+++
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Current active Capital projects
Life-to-Date Through 05/22/23
Project Number Project Description Status Budget Actual Encumbered Balance % of Budget
AGENDA ITEM #10.B.Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 36 of 194
Project - 20001 PKIMC New Fuel Tank (495-537)Active REVENUES 370,000.00 370,000.00 .00 100
EXPENSES 370,000.00 346,822.06 9,039.75 14,138.19 96
Project 20001 - PKIMC New Fuel Tank (495-537)Net $0.00 $23,177.94 ($14,138.19)+++
Project - 20003 PKIMC Retaining Wall (495-537)Active REVENUES 2,835,000.00 2,835,000.00 .00 100
EXPENSES 2,835,000.00 2,583,637.64 .00 251,362.36 91
Project 20003 - PKIMC Retaining Wall (495-537)Net $0.00 $251,362.36 ($251,362.36)+++
Project - 20004 KFRC Exterior ( 426-805)Active REVENUES 150,000.00 150,000.00 .00 100
EXPENSES 150,000.00 97,664.55 38,983.72 13,351.73 91
Project 20004 - KFRC Exterior ( 426-805)Net $0.00 $52,335.45 ($13,351.73)+++
Project - 20005 Borough Building Abatement/ Mechanical Upgrades
(469-614)
Active REVENUES 1,275,000.00 1,275,000.00 .00 100
EXPENSES 1,275,000.00 378,388.94 895,777.08 833.98 100
Project 20005 - Borough Building Abatement/ Mechanical Upgrades (469-614)Net $0.00 $896,611.06 ($833.98)+++
Project - 20006 PKIMC Structural Analysis & Project List Development
(495-537)
Active REVENUES 50,000.00 50,000.00 .00 100
EXPENSES 50,000.00 38,462.05 .00 11,537.95 77
Project 20006 - PKIMC Structural Analysis & Project List Development (495-537)Net $0.00 $11,537.95 ($11,537.95)+++
Project - 20007 * Auxiliary Gym Design (415-539) KIBSD-Reimb Active REVENUES 60,000.00 55,734.00 4,266.00 93
EXPENSES 60,000.00 61,128.32 .00 (1,128.32)102
Project 20007 - * Auxiliary Gym Design (415-539) KIBSD-Reimb Net $0.00 ($5,394.32)$5,394.32 +++
Project - 20008 *North Star Elem. Siding & Window Upgrade (470-536)
KIBSD-Reimb
Active REVENUES 1,369,506.00 1,073,109.46 296,396.54 78
EXPENSES 1,369,506.00 481,891.71 712,629.76 174,984.53 87
Project 20008 - *North Star Elem. Siding & Window Upgrade (470-536) KIBSD-Reimb Net $0.00 $591,217.75 $121,412.01 +++
Project - 20009 Salonie Creek Culvert Replacement Project (455-550)Active REVENUES 370,359.00 176,888.01 193,470.99 48
EXPENSES 370,359.00 122,406.34 36,109.00 211,843.66 43
Project 20009 - Salonie Creek Culvert Replacement Project (455-550)Net $0.00 $54,481.67 ($18,372.67)+++
Project - 20020 *Auditorium Upgrade (415-539) KIBSD-Reimb Active REVENUES 27,000.00 .00 27,000.00 0
EXPENSES 27,000.00 1,003.76 23,643.50 2,352.74 91
Project 20020 - *Auditorium Upgrade (415-539) KIBSD-Reimb Net $0.00 ($1,003.76)$24,647.26 +++
Project - 20022 Fuel Tank Line Leak - Long Term Care (545-743)Active REVENUES .00 .00 .00 +++
EXPENSES .00 290,862.64 .00 (290,862.64)+++
Project 20022 - Fuel Tank Line Leak - Long Term Care (545-743)Net $0.00 ($290,862.64)$290,862.64 +++
Project - 20023 ADF&G Fuel Spill Active REVENUES .00 .00 .00 +++
EXPENSES .00 .00 .00 .00 +++
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Current active Capital projects
Life-to-Date Through 05/22/23
Project Number Project Description Status Budget Actual Encumbered Balance % of Budget
AGENDA ITEM #10.B.Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 37 of 194
Project 20023 - ADF&G Fuel Spill Net $0.00 $0.00 $0.00 +++
Project - 20024 Chiniak Water System (455-550)Active REVENUES 75,000.00 75,000.00 .00 100
EXPENSES 75,000.00 35,647.70 .00 39,352.30 48
Project 20024 - Chiniak Water System (455-550)Net $0.00 $39,352.30 ($39,352.30)+++
Project - 21000 PKIMC Fire Alarm Replacement & Upgrade (497-567)Active REVENUES 726,000.00 726,000.00 .00 100
EXPENSES 726,000.00 33,518.00 44,742.00 647,740.00 11
Project 21000 - PKIMC Fire Alarm Replacement & Upgrade (497-567)Net $0.00 $692,482.00 ($647,740.00)+++
Project - 21001 KFRC Fume Hoods (428-805)Active REVENUES 190,000.00 191,308.99 (1,308.99)101
EXPENSES 190,000.00 155,618.08 23,376.25 11,005.67 94
Project 21001 - KFRC Fume Hoods (428-805)Net $0.00 $35,690.91 ($12,314.66)+++
Project - 21002 Saltery Cove Trail System Access & Improvement
Project (432-140)
Active REVENUES 361,918.00 33,761.92 328,156.08 9
EXPENSES 361,918.00 50,675.59 .00 311,242.41 14
Project 21002 - Saltery Cove Trail System Access & Improvement Project (432-140)Net $0.00 ($16,913.67)$16,913.67 +++
Project - 21004 Sargent Creek Park Upgrades (252-215)Active REVENUES .00 .00 .00 +++
EXPENSES .00 .00 .00 .00 +++
Project 21004 - Sargent Creek Park Upgrades (252-215)Net $0.00 $0.00 $0.00 +++
Project - 21005 Emergency Boro Bldg. Boiler Repair (415-568)Active REVENUES 28,000.00 28,000.00 .00 100
EXPENSES 28,000.00 27,155.83 .00 844.17 97
Project 21005 - Emergency Boro Bldg. Boiler Repair (415-568)Net $0.00 $844.17 ($844.17)+++
Project - 21007 Long Term Care Center Fuel Line Replacement (445-
742)
Active REVENUES 85,000.00 85,000.00 .00 100
EXPENSES 85,000.00 66,471.65 28,388.11 (9,859.76)112
Project 21007 - Long Term Care Center Fuel Line Replacement (445-742)Net $0.00 $18,528.35 $9,859.76 +++
Project - 21008 Peterson Elementary HVAC / Roof Replacement (432-
322 & 321)
Active REVENUES 70,000.00 70,000.00 .00 100
EXPENSES 70,000.00 18,225.79 .00 51,774.21 26
Project 21008 - Peterson Elementary HVAC / Roof Replacement (432-322 & 321)Net $0.00 $51,774.21 ($51,774.21)+++
Project - 21009 Landfill Stage 3 Closure (490-713)Active REVENUES 2,850,000.00 2,850,000.00 .00 100
EXPENSES 2,850,000.00 2,072,819.97 1,553,761.85 (776,581.82)127
Project 21009 - Landfill Stage 3 Closure (490-713)Net $0.00 $777,180.03 $776,581.82 +++
Project - 22000 KFRC Ozonator (428-805)Active REVENUES 180,000.00 180,000.00 .00 100
EXPENSES 180,000.00 99,519.42 67,061.54 13,419.04 93
Project 22000 - KFRC Ozonator (428-805)Net $0.00 $80,480.58 ($13,419.04)+++
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Current active Capital projects
Life-to-Date Through 05/22/23
Project Number Project Description Status Budget Actual Encumbered Balance % of Budget
AGENDA ITEM #10.B.Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 38 of 194
Project - 22002 Landfill Storm Water Infiltration & Salvation Army
(432-321)
Active REVENUES 150,000.00 12,354.50 137,645.50 8
EXPENSES 150,000.00 30,703.53 8,616.26 110,680.21 26
Project 22002 - Landfill Storm Water Infiltration & Salvation Army (432-321)Net $0.00 ($18,349.03)$26,965.29 +++
Project - 22003 *Main Elem. Roof Replacement (469-614) KIBSD -
Reimb
Active REVENUES 725,000.00 686,737.39 38,262.61 95
EXPENSES 725,000.00 624,063.88 25,013.31 75,922.81 90
Project 22003 - *Main Elem. Roof Replacement (469-614) KIBSD -Reimb Net $0.00 $62,673.51 ($37,660.20)+++
Project - 22004 East Elementary Roof Replacement (469-614)Active REVENUES 20,000.00 10,000.00 10,000.00 50
EXPENSES 20,000.00 5,297.95 .00 14,702.05 26
Project 22004 - East Elementary Roof Replacement (469-614)Net $0.00 $4,702.05 ($4,702.05)+++
Project - 22008 KFRC Facility Fuel Spill (415-553) - Reimburseable Active REVENUES .00 .00 .00 +++
EXPENSES .00 8,978.59 .00 (8,978.59)+++
Project 22008 - KFRC Facility Fuel Spill (415-553) - Reimburseable Net $0.00 ($8,978.59)$8,978.59 +++
Project - 22010 Bayside FY23 Classroom Addition (455-550)Active REVENUES 25,000.00 .00 25,000.00 0
EXPENSES 25,000.00 279.87 .00 24,720.13 1
Project 22010 - Bayside FY23 Classroom Addition (455-550)Net $0.00 ($279.87)$279.87 +++
Project - 23002 North Star Roof and Skylight Repair (469 -614)Active EXPENSES .00 605.43 .00 (605.43)+++
Project - 23004 East Elementary Emergency Ceiling/Wall Fix in Gym
(469-614)
Active REVENUES 10,000.00 .00 10,000.00 0
EXPENSES 10,000.00 4,650.23 .00 5,349.77 47
Project 23004 - East Elementary Emergency Ceiling/Wall Fix in Gym (469-614)Net $0.00 ($4,650.23)$4,650.23 +++
Project - 23005 High School Pool Evaluation (469-614)Active REVENUES .00 .00 .00 +++
EXPENSES .00 6,002.71 6,000.00 (12,002.71)+++
Project 23005 - High School Pool Evaluation (469-614)Net $0.00 ($6,002.71)$12,002.71 +++
Project - 23006 KHS Roof Repairs (469-614)Active REVENUES .00 .00 .00 +++
EXPENSES .00 2,039.84 235,000.00 (237,039.84)+++
Project 23006 - KHS Roof Repairs (469-614)Net $0.00 ($2,039.84)$237,039.84 +++
Grand Totals
REVENUES 20,600,616.00 19,280,300.77 1,320,315.23 94
EXPENSES 20,600,616.00 12,019,873.30 5,267,672.41 3,313,070.29 84
Grand Totals Net $0.00 $7,260,427.47 ($1,992,755.06)+++
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Current active Capital projects
Life-to-Date Through 05/22/23
Project Number Project Description Status Budget Actual Encumbered Balance % of Budget
AGENDA ITEM #10.B.Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 39 of 194
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Current active Capital projects
Life-to-Date Through 05/22/23
Project Number Project Description Status Budget Actual Encumbered Balance % of Budget
AGENDA ITEM #10.B.Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Isla...Page 40 of 194
1
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
TO: Kodiak Island Borough Assembly
FROM: Aimee Williams
RE: Managers Report, June 15, 2023
Manager’s Department
Union Negotiations – KIB met with the IBEW representative and the IBEW bargaining team on
Monday, June 12, 2023. After a vote of the membership, the proposed contract failed, and it will
be further discussed with the KIB Assembly in Executive Session in tonight’s meeting.
Village Visits – On Monday, June 12, 2023, Dave Conrad, and I flew to Karluk and Larsen Bay.
We were able to visit with community members, get short tours of the community, and tour the
schools. We were able to get updates on repairs that need to be done before those buildings go
into their next phase of life.
Bayside Fire Chief – The recruitment for Bayside Fire Chief is complete and Meagan
Christiansen has been working with Chief Ellis on the details of moving to Kodiak. Fire
Protection Area #1 did not name a specific single person to serve as interim fire chief. However,
they did put together a plan to ensure that the duties will be covered. I met with Carol Scott, and
she has agreed to be the Officer in Charge of Bayside until Chief Ellis arrives. His ferry is
scheduled, and he should be here on July 20, 2023.
Community Development Director – An offer to a qualified candidate has been made and we
are waiting to hear if they are able to find housing. The acceptance is contingent on being able to
find a rental.
SWAMC – Mayor Arndt and I met with the new Executive Director of the Southwest Alaska
Municipal Conference. We were able get to know him and talk to him about the powers that
KIB has and how SWAMC can help our region.
AGENDA ITEM #11.A.
Borough Manager's Report Page 41 of 194
2
Landfill - Toured the landfill with Dora and Dave to see
the liner work being done and watch how they are
covering the areas that are permanently being closed.
Hazard Mitigation – Representatives from FEMA
Region 10 are here in Kodiak. James Dixon from
Community Development took them out to see the
Bell’s Flats area. Dave, Seema, James, and I are
meeting with them again on Friday, June 16, 2023, at
10:30AM.
Thriving Communities Grant – Signed a letter of
support for the Larsen Bay Tribal Council to apply for
funding for an oyster nursery in Larsen Bay.
ICS Training – Planning to start the four basic ICS classes in my free time. Spoke briefly with
Chief Dorner about KIB’s role in emergency situations.
Engineering and Facilities –
Staffing – E&F laborer is performing very well. Will continue looking for additional workforce
for the summer.
KFRC Discharge Permit – Mixing Zone Characterization awaiting completion and review prior
to required submission. Anticipate the data to be completed by the end of June. KIB is striving
to avoid an assignment of penalty as the final steps are completed to be compliant.
KFRC – Smoke damper repairs are being completed today and tomorrow.
KRAA/KFRC – KRAA has requested to exercise the first option year extension for their main
laboratory space. The unused lab on the first floor will be rented to
KRAA for a single year period.
Swimming Pool – E/F contacting WSI (Pool Evaluator) to discuss
assistance in preparing a Statement of Work for Phased work per the
evaluation document
KIBSD –
• Peterson Elementary –Awaiting delivery information for
Carlisle Roofing products. Friend Construction can propose a
schedule once delivery information is known.
• North Star Windows & Siding Phase 2 – Contractor has
begun work on the rear of the building at the west end.
Windows are alleged to be shipped next week.
• Kodiak High School Roof Repairs – Rain Proof Roofing is
scheduled to be on site July 6, 2023.
AGENDA ITEM #11.A.
Borough Manager's Report Page 42 of 194
3
Leachate Treatment Plant – Building assembly has been delayed due to lack of building
components. Work should resume next week with doors and clearstory window installation.
Concrete surface repairs are being discussed. Discussion regarding paint requirements for the
steel package is taking place. Electrician, plumbers, and process piping subs will follow building
completion.
Stage 3 Closure – Liner contractor is on site and performing very well. Rain sheet repairs are
complete. Some additional work will be requested associated with the placement of additional
sandbags. 80 mil HDPE liner in area to be permanently closed. Temporary closure 40 mil liner is
approximately 50% completed. Brechan is covering 80mil liner with one foot required gravel top
coarse. Anticipate 8 to 10 days until liner install completion. Required QC sampling and
destructive testing has indicated positive results.
Bayside Classroom Addition – Architect is working on plan revisions.
Health and Facilities Advisory Board – Next meeting is scheduled for the week of July 10,
2023. Staff to go to site to discuss site alteration for anticipated construction and installation of
new MRI trailer.
PKIMC – Providence has provided a request to fund the Preconstruction Engineering with Cool
Air Mechanical of Anchorage. This is targeting an inspection deficiency that was identified by
the Joint Commission to rebuild the Air Handler Unit #1 at the hospital facility. This funding is
for the design and cost estimating required to rectify the lack of air flow and air exchanges in
various portions of the multi-story hospital facility. This fee proposal is a - Not To Exceed
$25,000 basis and it attached to this report. This will be voted on tonight.
Borough Building – Anticipate start date of June 26 for the boiler work.
Solid Waste Contract – Staff is reviewing the July 2023 rate adjustment calculations. Rates will
be voted on at tonight’s meeting. Staff recommending a 25% increase for asbestos disposal.
Staff to participate in “Town Hall” type meeting regarding living with bears on June 17th. SWAB
providing door prizes as incentive and will fund the advertising. Multiple agencies will
participate and interact with the public. The event flyer is on page five.
KFRC Touch Tank – Facility has been opened Thursdays and Fridays from 11:00 to 4:30 pm
weekly for the summer months. Accommodating cruise ships that are making previous
arrangements.
Finance Department/ IT -
FY2024 Budget – Now that the budget levy and appropriations have been approved, staff is
working on producing the budget book to submit to the GFOA (Government Finance Officers
Association) Budget Award Program. This submission is a KIB code requirement per 3.05.060.
FY2023 Annual Audit – Staff is working to provide a few remaining documents to the auditors
for interim audit. This is the preliminary audit work conducted prior to year-end and is conducted
remotely.
AGENDA ITEM #11.A.
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4
TY2021 Delinquent Taxes – The end of the redemption period was June 5th and there are four
properties the Borough will be petitioning to receive a Clerk’s Deed for.
PATS Software – Property Assessment and Taxation Software – Staff is currently reviewing
the proposed software contract. There are still sections in the contract that need to be removed
since they address options of the software that KIB is not purchasing.
IT – IT is now fully staffed and has been busy with updating all the Borough computers with
Windows 11. They are working with individual departments to ensure that there is minimal
disruption of work.
Cyber Security – There was a global hack into governmental agencies today. IT ahs confirmed
that KIB does not use the software, nor is it embedded in other software we use. (MOVEit)
Assessing Department –
Exemptions – Assessing staff continues to work on the requests for business / non-profit tax
exemptions. There is a backlog on these requests.
Tax Roll – There are as many as forty $150,000 exemptions from either seniors or disabled
veterans that might still be granted. This would result in a possibility of $6,000,000 less of
taxable value if there are additional appeals or eligibility changes occur.
Field work – Assessing continues FY2024 field work in Service District 1.
Up Next - Commercial modeling & depreciation and land valuation will be reviewed this year.
Community Development –
Planning and Zoning – Planning and Zoning had its work session last night and its regular
meeting is scheduled for June 21, 2023.
Parks and Recreation – First meeting, after a 2 ½ year break, will be starting again in
June. Meetings are currently scheduled for the fourth Tuesday of each month at 2:30PM in the
Assembly Chambers. In prior years, this meeting has been done during the workday. By laws
need to be updated/created and if a new meeting time is decided upon, CDD budget will need to
be revised for possible employee overtime.
Staffing – Community Development has two of four staff members
Capital Improvement Projects – Villages have been notified about getting their CIP together
so that they can provide us with projects that have been vetted by either tribe or village board
approval. CIP lists aren’t due to CDD until August. CDD appreciates all the Assembly’s help in
contacting Villages and asking them to participate.
AGENDA ITEM #11.A.
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5
AGENDA ITEM #11.A.
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KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Contract FY2023-28, Change Order No. 1, Authorization To Purchase An
Available Chassis For A Bayside Fire Response Vehicle
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to authorize the Borough Manager to award Contract FY2023-28, Change Order No. 1,
for a purchase of an available chassis for a Bayside Fire Response Vehicle from Rebel Strike,
LLC at an increased amount of $14,000.
DISCUSSION:
The Kodiak Island Borough Fire Protection Area No. 1 Service Area (KIB FPA1) received
permission to purchase a new fire response vehicle in November 2022. When the agreement
was signed, there were no Ram 5500 chassis' available to build the vehicle. KIB FPA1 was
notified in May 2023, that there was a chassis available, but it would be an increase of $14,000
to the cost of the vehicle build. This more costly chassis is a newer 2023 model which will
replace the originally ordered 2022 vehicle. Due to the long wait times for the other chassis
options, the FPA1 Service Area Board voted to move forward with expending the extra money
to receive the vehicle in a faster timeframe with stipulations included.
ALTERNATIVES:
FISCAL IMPACT:
The original contract amount has been encumbered with a purchase order using Fire Protection
Area 1 money. As we are likely not be able to expend the purchase order during the current
fiscal year, additional funds will be required in a future budget adjustment or expenditure
request. The current available fund balance is $810,777.
OTHER INFORMATION:
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 46 of 194
Revised 09/19 Page 1 of 1
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
CONTRACT CHANGE ORDER
Project Name: Project Number:
Bayside Fire Response Vehicle (Wildland Fire Truck) 250.212.470.100
Contractor: Matthew Bradey DBA Rebel Strike, LLC Contract No.: FY2023-28 Change Order No.: 01
Original Project Budget: $ 0.00 Original Contract: $ 247,264.00
Previous Budget Changes: $ 247,264.00 Previous Changes: $
Adjusted Project Budget: $ 247,264.00 This Change: $ 14,000.00
To-Date Project Expenses: $ 0.00 % of Original Contract 5.66%
To-Date Project Encumbrances: $ 247,264.00 Total Adjusted Contract: $ 261,264.00
Current Remaining Budget: $ 261,264.00
Description of Change Cost
Rebel Strike has had a difficult time obtaining a chassis for the new truck to be built. They found one
that would be suitable for the build, but it is more expensive if Bayside wants the new truck sooner
than later.
Fire Protection Area 1 (Bayside) approved the increase at their last meeting on May 25th, 2023. Vote
carried unanimously with the desired stipulations.
$ 14,000.00
The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document
shall become an amendment to the contract and all provisions of the contract will apply thereto.
Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000,
whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the
absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor.
Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval.
Accepted By: ______________________________________________________________________________ Date: _________
Contractor’s Representative
Recommended: ____________________________ Date: _________ _____________________________ Date: _________
Engineering/Facilities Director Finance Director
Approved By: _____________________________ Date: _________ Attest: _________________________ Date: ________
Borough Manager Borough Clerk
Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower)
Approved By: _____________________________ Date: _________ _____________________________ Date: _________
Borough Mayor Deputy Presiding Officer
Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower)
Approved By: _____________________________ Date: _________ Attest: ________________________ Date: _________
Borough Manager Borough Clerk
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 47 of 194
Contract FY2023-28A
First Amendment to Equipment Purcahse of Bayside Fire Response Vehicle Page 1
FIRST AMENDMENT TO CONTRACT NO. FY2023-28
KODIAK ISLAND BOROUGH
AGREEMENT FOR
EQUIPMENT PURCHASE – BAYSIDE FIRE RESPONSE VEHICLE
BETWEEN
KODIAK ISLAND BOROUGH
AND
REBEL STRIKE, LLC.
NOVEMBER 2022
AMENDED JUNE 2023
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 48 of 194
Contract FY2023-28A
First Amendment to Equipment Purcahse of Bayside Fire Response Vehicle Page 2
This First Amendment to Contract No. FY2023-28 (“Amendment”) is made and entered into
effective as of the ___ day of __________, 2023 (“Amendment Effective Date”), by and between REBEL
STRIKE, LLC (“Contractor”), and KODIAK ISLAND BOROUGH (the “Borough”). Contractor and the
Borough are each individually referred to herein as a “Party” and collectively as the “Parties”. Capitalized
terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement
(as defined below).
BACKGROUND
A. WHEREAS, Contractor and the Borough entered into Contract No. FY2023-28 (the
“Agreement”) dated November 29, 2022; and
B. WHEREAS, the Parties have discovered that there were no dodge chassis available for the build
requested; and
C. WHEREAS, the Contractor found a chassis available for an additional cost of $14,000; and
D. WHEREAS, the Parties now desire to amend the Agreement to add stipulations to the existing
contract based on the new information and the increase in purchase price.
AGREEMENT
NOW, THEREFORE, it is hereby agreed to and acknowledged, the Parties agree as follows:
BOROUGH ADDITIONS:
1. Addition: The Parties agree that the purchase of the more expensive chassis of $14,000 will
include the guarantee of delivery by or before August 31, 2023. If the vehicle is not delivered by
that time the Borough reserves the right to exit the purchase contract agreement.
2. Addition: The more expensive chassis and overall build of the vehicle will meet or exceed
the provisions outlined in the original purchase contract agreement.
CONTRACTOR ADDITIONS:
1. Addition: The new 2023 Ram chassis will be white and will not have electronic shift on
the fly or keyless entry.
UPDATED PURCHASE CONTRACT TOTAL: $261,264.00
[Signature Page Follows]
AGENDA ITEM #14.A.1.
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Contract FY2023-28A
First Amendment to Equipment Purcahse of Bayside Fire Response Vehicle Page 3
IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above.
Contractor:
REBEL STRIKE, LLC.
By: _________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
ATTEST:
By: _________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
The Borough:
KODIAK ISLAND BOROUGH
By: _________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
ATTEST:
By: _________________________________
Name: _________________________________
Title: _________________________________
Date: _________________________________
AGENDA ITEM #14.A.1.
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FIRE PROTECTION AREA 1 BOARD,
SPECIAL MEETING MINUTES,
MAY 25, 2023 – 6:00PM
Page 1 of 2
FIRE PROTECTION AREA NO.1 BOARD
SPECIAL MEETING
May 25th, 2023 at 6:00pm
Bayside Fire House
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
Richard Carstens called the special meeting to order at 6:00pm.
2. ROLL CALL
Staff Brian Price conducted a roll call, a quorum was established. Board members present were
Mike Dolph, Chair Richard Carstens, Vice Chair Paul VanDyke, Craig Walton, and John Parker.
Others present were Bayside Fire Chief Lee Finlayson and KIB Projects Support Meagan
Christiansen.
3. APPROVAL OF AGENDA, MINUTES, AND FINANCIAL REPORT
VANDYKE MOVED to approve the agenda, minutes, and acknowledge the financial report.
DOLPH seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4. VISITOR COMMENTS
5. FIRE CHIEF’S REPORT
Fire Chief Lee Finlayson gave his report. Willing to drive up the purchase of the new vehicle to
break it in and reduce cost of purchase. Mentioned parade plans for the weekend. Had spoken
with Carol about planning for after his resignation is effective June 2nd.
7. NEW BUSINESS
a. Approval Of An Additional $14,000 For The Purchase Of A Wildland Vehicle From
Rebel To Be Delivered By August 31, 2023.
The board discussed desired stipulations of the approval before making a motion.
PARKER MOVED to approve Kodiak Island Borough purchasing the new vehicle for $14,000
with two stipulations:
1. The vehicle is delivered by August 31, 2023
2. The new contract meets or exceeds the provisions of the prior contract agreement
VANDYKE seconded.
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FIRE PROTECTION AREA 1 BOARD,
SPECIAL MEETING MINUTES,
MAY 25, 2023 – 6:00PM
Page 2 of 2
VANDYKE moved to amend the motion to include language in the stipulation that if the vehicle
is not produced by the 31st of August, then the board reserves the right to exit the contract
agreement. WALTON Seconded.
ROLL CALL VOTE ON THE MOTION AS AMMENDED CARRIED UNANIMOUSLY.
b. Discussion And Possible Approval For The Borough Manager To Approve A Fire Chief
Salary Above The Maximum Entry Level For Fire Chief As Necessary.
VANDYKE MOVED to approve recommendation to the Borough Manager to hire Scott Ellis at
Salary Level K. DOLPH seconded.
In discussion of the motion, Chair Carstens felt that when you state a desired salary and apply for
a job, experience doesn’t matter when the range is limited. He felt this was a stumbling block in
hiring processes and was glad to support the approval for Scott Ellis’ desired range.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.
8. BOARD MEMBER COMMENTS
None.
9. NEXT MEETING SCHEDULE
Call of the Chair.
10. ADJOURNMENT
Chair Carstens adjourned the meeting at 6:23pm.
SUBMITTED BY:
_________________________ Date: ________________
Brian Price, Board Secretary
KIB Engineering/Facilities Department
APPROVED BY:
_________________________ Date: ________________
Chair Richard Carstens
Fire Protection Area #1
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Kodiak Island Borough Equipment Purchase Agreement
Contract FY2023-28 Bayside Fire Response Vehicle Procurement
Page 1 of 9
KODIAK ISLAND BOROUGH
AGREEMENT
FOR
EQUIPMENT PURCHASE – BAYSIDE FIRE RESPONSE VEHICLE
Contract No. 2023-28
THIS AGREEMENT made this by ____ day of _____________, 2022, between the Kodiak Island
Borough, acting by and through its Borough Manager, party of the first part, and Rebel Strike,
LLC., hereinafter called the Distributor.
WITNESSETH: That the Distributor, for and in consideration of the payment or payments her ein
specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a
FIRE RESPONSE VEHICLE for the Kodiak Island Borough per the Specifications [part of the
Contract Documents] for same and for the sum of two hundred forty-seven thousand, two-hundred
sixty-four & 00/100 ($247,264.00) Dollars.
The Distributor further covenants and agrees that the manufacturing of said Fire Response
Vehicle shall be done to the complete satisfaction of the Kodiak Island Borough, subject to
inspection at all times and approval by any participating agency of the Government of the United
States of America, and in accordance with the laws of the State of Alaska and rules and
regulations of said Federal Agency.
The Distributor further covenants and agrees that the manufacturing of said Fire Response
Vehicle shall be done and performed in the best and most workmanlike manner and that all and
every of said materials and labor shall be in strict and entire conformity in every respect with the
Specifications. Distributor will abide by and perform all stipulations, covenants, and agreements
specified in the Contract Documents, all of which are by reference hereby made a part of this
Contract, as to all premises therein. In the case of any said materials or labor shall be rejected by
the Borough Manager or his assistant or authorized representative, as defective or unsuitable,
then the said materials shall be removed or replaced with other approved materials and the said
labor shall be done anew to the satisfaction and the approval of the Borough Manager or his
representatives, at the cost and expense of the Distributor.
To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and
volunteers and others working on behalf of the Kodiak Island Borough against any and all claims,
demands, suits or loss, including all costs connected therewith, and for any damages which may
be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and
appointed officials, employees, volunteers or others working on behalf of the Kodiak Island
Borough, by reason of personal injury, including bodily injury or death and/or property damage,
including loss of use thereof, which arises out of or is in any way connected or associated with
this Agreement.
29 November
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Kodiak Island Borough Equipment Purchase Agreement
Contract FY2023-28 Bayside Fire Response Vehicle Procurement
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The agreement entered into by the acceptance of the Distributor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and if not attached, are to be treated as attached.
1.Agreement: Contract FY2023-28
2.Appendix A: Modified Specifications Agreed to by KIB & Rebel Strike LLC.
3.Appendix B: Invitation for Bids
In the event of any conflict or inconsistency between any of the foregoing documents, the conflict
or inconsistency shall be resolved upon the basis of the numerical order. The document or
documents assigned the small number or numbers being controlling over any documents having
a larger number in the numerical order set forth above. Expected completion date of the fire truck
is June of 2023 conditional upon the arrival of ordered RAM 5500 chassis.
The Distributor hereby agrees to receive the prices set forth in the bid as full compensation for
delivering the Fire Response Vehicle to complete said Agreement to the satisfaction of the
Borough Manager.
It is further distinctly agreed that the Distributor shall not assign this contract, or any part thereof
or any right to any of the monies to be paid to a third party.
Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough
within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by
Distributor.
AGENDA ITEM #14.A.1.
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Kodiak Island Borough Equipment Purchase Agreement
Contract FY2023-28 Bayside Fire Response Vehicle Procurement
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APPENDIX A
MODIFIED SPECIFICATIONS AS AGREED TO
BY KODIAK ISLAND BOROUGH & REBEL STRIKE, LLC.
GENERAL SPECIFICATION:
It is the purpose of this specification to describe a Fire Response Vehicle powered, All/four-wheel
drive, crew cab, trailer tow package of the manufacturer's latest current model and design.
Unit shall include all standard equipment and accessories as advertised in manufacturer's
specification sheet of model offered, unless otherwise specified herein.
APPLICATION:
General standard Fire Response Vehicle pickup vehicle application.
TYPICAL UNITS:
Dodge Ram 5500 or Ford F-550 or Equivalent, pre-approved equivalent provided all the following
minimum specifications are met.
1.0 POWER TRAIN:
1.1 Engine:
1.1.1 Diesel – Standard- Range of 300 mile range minimum
2.0 DRIVE TRAIN:
2.1 Transmission:
2.1.1 Power shift at least six speeds, forward and reverse.
2.2 Axles:
2.2.1 4-wheel drive
2.3 (Place Holder)
3.0 CHASSIS:
3.1 Operating weight one ton or higher.
3.2 Crew cab, four door
3.3 Tires:
3.3.1 Super Single Tires, dually, or equivalent
3.3.2 Spare Tire with Mounted Wheel: To be same as above with mounted wheel
3.4 Tow package w/ tow technology package or equivalent
3.5 18 HP or greater Wildland Pump (Hale, Waterous, or Darley)
3.5.1 Water and Foam Pumps capable of 100gpm at minimum with foam application
3.5.2 Pump to be Foam Ready out of each line provided.
3.5.4 Foam Cell to be 10 Gallon or greater capacity.
3.5.5 Water tank capacity to be 300 gallons or greater.
3.6 Hose configuration 100’ of 1” Wildland Hose
3.7 Aluminum flatbed (Not Steel)
3.8 (Place Holder)
4.0 ELECTRICAL SYSTEM:
4.1 Master electrical switch to cut off all power source from battery to starter and remainder of
electrical system with full factory warranty.
4.2 Lighting System: Standard OEM
4.2.1 Compartment spaces to have LED lighting.
4.3 Siren System: OEM for Emergency Services
AGENDA ITEM #14.A.1.
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4.4 (Place Holder)
5.0 CAB:
5.1 Standard OEM
5.2 Recirculating personnel heater (Minimum 30,000 BTU) and defroster(s). Defroster(s) to be
zoned to windshield wiper area(s), minimum. RAM 5500 OEM Heater.
5.3 Front window wipers and washers. OEM motor and intermittent feature on front minimum.
5.4 Sun visors.
5.5 Seating: 4 or more capacity.
5.6 Lockable doors.
5.7 Mirrors standard OEM or greater.
5.8 Horn
5.9 Air Conditioning capability to OEM standard.
5.10 Emergency LED Lighting to NFPA standard.
5.11 Siren, electronic
5.12 (Place Holder)
6.0 INSTRUMENTATION:
6.1 All gauges as noted below shall read in U.S. units of measure (not metric) at time of delivery.
6.2 Gauges and/or indicators, OEM
6.3 Forward Collision warning
6.4 (Place Holder)
7.0 MISCELLANEOUS:
7.1 Key FOB
7.1.1 Three (3) sets of keys, minimum, to be provided.
7.2 Backup Alarm: Electronic,
7.3 Fire decals and emergency lighting to be provided.
7.3.1 Reflective striping 4”
7.4 Paint OEM standard.
7.5 Publications:
7.5.1 To include parts, service, and operator's manuals.
7.6 Heavy duty front bumper or brush guard.
7.7 Front bumper turret with remote control joystick mounted inside the cab.
7.8 (Place Holder)
8.0 SPECIAL TERMS AND CONDITIONS
8.0 DELIVERY:
8.1 Pre-delivery service: Prior to delivery, each vehicle, piece of equipment or attachment shall
be serviced and inspected by the dealer or his agent. A certification of this inspection must
include the following (as applicable to the type of equipment):
8.1.1 Dealer and vehicle identification
8.1.2 Check-off of service and inspection performed including a list of all fluids including
type, weight and specification that are in the equipment as delivered for all fluid
compartments.
8.1.3 The vehicle’s differential and transmission, and other fluid compartments shall be
filled to the manufacturer’s recommended capacity.
8.1.4 Battery system shall be charged to at least register a full on the gauge, unless
restricted by the commercial carrier, when vehicle arrives at the delivery location.
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8.1.5 The vehicle shall be clean and free from defects when delivered and should be
ready for immediate and continued use upon delivery.
8.1.6 Units delivered in an incomplete state, or that have deficiencies per the
specification, are subject to the damage charges as noted in paragraph below.
9.0 WARRANTY: Shall commence upon acceptance and possession by the Kodiak
Island Borough.
9.1 Standard Warranty Package: Unless otherwise stipulated by this contract, the contractor
will provide a full warranty.
9.1.1 Full (100%) Parts and Labor Warranty Coverage of all components for the full
factory warranty, from the date the unit is placed in service.
9.1.2 Full Warranty Coverage includes all cost of labor, parts, freight of parts or
associated tools, transportation and travel, lubricants, miscellaneous cost, etc., to
place the unit in like-new condition.
9.1.3 Should the manufacturer’s standard warranty exceed the minimum Borough
warranty requirements, the manufacturer’s warranty will run in conjunction with and
enhance the Borough’s warranty, then continue for the remainder of its term.
9.2 General Warranty Requirements for all Equipment:
9.2.1 Warranty Exceptions:
9.2.1.1 For clarification, warranty does not apply to normal wear and tear or
maintenance items, accident damages, misuse of equipment or failure
to operate or maintain equipment as prescribed by
vendor/manufacturer.
9.2.2 Warranty on Attachments: Same as Standard Warranty Package.
9.2.3 In-Service Date:
9.2.3.1 Warranty on vehicles not placed in service immediately upon receipt
because of time lag to construct body components and/or installation
of special equipment, or due to seasonal usage or other delay, shall be
warranted from the date the vehicle is placed in service. The receiving
agency shall notify the vendor/manufacturer in writing of the actual "in
service" date. Notification of the requirement for delayed warranty will
be provided on delivery orders whenever possible.
9.2.4 Authorized Warranty: For the purpose of this contract, the contractor must meet
the following applicable requirements:
9.2.4.1 Contractor must:
9.2.4.1.1 possess a current Alaska Motor Vehicle Dealer License
pursuant to AS 08.66.010 through AS 08.66.090, when
offering motor vehicles, trailers or semi-trailers, and.
9.2.4.1.2 be a manufacturer(s) authorized warranty service dealer for
the unit, a minimum of one year, and.
9.2.4.1.3 have the capability of providing warranty servicing and
repair work within the State of Alaska, with an authorized
warranty repair facility in Anchorage or Fairbanks, as a
minimum.
9.2.4.2 Contractor, if appropriate, shall submit the name, address, Alaska
business license of any subcontractor who will provide the warranty
servicing and repair work referenced in paragraph above. The
contractor must also provide contractual documentation or agreements
with the subcontractor ensuring the Borough that the subcontractor will
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provide complete contract performance on behalf of the contractor as
set forth in the Bid and verification that the work provided will maintain
manufacturer’s warranty requirements.
9.2.4.2.1 Approval of all subcontractors must take place prior to the
bid opening.
9.2.4.2.2 The use of a subcontractor does not exclude the provisions
as noted requirements of the contractor.
9.2.5 Warranty Claims:
9.2.5.1 Warranty will be provided at the unit’s assigned (in-service) location.
Because of the remote location of some equipment, it is not always
practical to deliver equipment to authorized warranty repair facilities. In
these cases, the contractor may perform warranty work at the
Borough's location or, the Borough, at its discretion, reserves the right
to perform the warranty work and be reimbursed by the vendor.
9.2.5.2 The Borough has established a warranty procedure whereby the
contractor is to be notified via letter, fax, email, etc. that warranty work
needs to be performed. If time is of the essence, a telephone call
confirmed by one of the above written procedures may be utilized. The
contractor must notify the Borough immediately that it will begin to
perform the warranty work at the equipment location within 48 hours
from receipt of written notification. The Borough may, at its discretion,
proceed to make warranty repairs with its own workforce in the case of
emergency situation or to preclude excessive downtime (greater than
48 hours).
9.2.5.3 Failure to notify the Borough that the contractor intends to begin to
perform warranty work promptly under this paragraph, by the end of the
business day following the Borough’s notification that work is required
to be performed, is considered a contractual breach.
9.2.7 Factory Recall:
9.2.7.1 Nationwide factory recall or product update programs are the
responsibility of the contractor and/or manufacturer. Because of the
remoteness of some equipment this is not always practicable or
economical. In such cases, factory recall and modification work will be
handled the same as warranty work. Factory recall notices sent to the
Borough should, in addition to serial number, include model, year, and
dealer from who purchased.
10.0 PUBLICATIONS:
10.1 To include service, parts and operator’s manuals.
10.2 All manuals are to be pre-assembled in factory binders prior to delivery.
10.3 Publications are to be received by the Borough not later than 30 days after delivery of the
unit. Delivery will not be considered complete until the publications for each unit have been
received by the Borough.
10.4 Service Manuals:
10.4.1 Complete set(s), paper books and compact disc if available to include applicable
information covering prime unit and attachments:
10.4.1.1 Body, chassis, and electrical
10.4.1.2 Motors, transmission, and differential(s) (service and rebuild)
10.4.1.3 Electrical and Vacuum troubleshooting
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10.4.1.4 Wiring diagrams
10.4.1.5 Service specifications
10.4.1.6 Pump configurations with foam capabilities
10.5 Parts Manuals:
10.5.1 Complete set(s), paper books and electronic format if available to include prime
unit and attachments, including updates. If updates are not provided during the
one-year warranty period, the Borough will order them from the manufacturer and
bill the contractor for the full cost, including shipping.
10.5.2 Parts manuals are to be customized by serial number.
10.6 Operator’s Manuals: Complete set(s) to include prime unit and attachments.
10.7 Quantities: Publications, when required, will be ordered on the same Purchase Order as
the unit itself.
10.8 Manuals: To be delivered to, and receipt signed by person(s) as noted on the Purchase
Order.
10.9 Service Bulletins, etc.:
10.9.1 The contractor must provide appropriate service bulletins, technical support
bulletins, service letters, product support bulletins, and/or any other information
type notifications that are sent out to the contractor or used by the manufacturer in
the maintenance and report of the vehicle, equipment or attachments being
provided. The intent of this clause is that the Borough be provided notification of
any and all changes or improvements that may affect the maintenance, reliability,
longevity, and safety of our equipment.
10.9.2 This information will be provided as soon as possible to person(s) as noted on the
Purchase Order.
11.0 INSPECTIONS:
11.1 The Borough's inspection of all materials and equipment upon delivery is for the sole
purpose of identification. Such inspection shall not be construed as final or as acceptance
of the materials or equipment if materials or equipment do not conform to contract
requirements. If there are any apparent defects in the materials or equipment at the time of
delivery, the Borough will promptly notify the contractor thereof. Without limiting any other
rights of the Borough, the Borough at its option, may require the contractor to:
11.1.1 Repair or replace at contractor's expense, any or all the damaged goods,
11.1.2 refund the price of any or all the damaged goods, or
11.1.3 accept the return of any or all the damaged goods.
11.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or
removing or replacing any or all the defective materials or equipment will be charged against
the contractor.
11.3 The provided detailed Rebel Strike Brush Specification shall be the document utilized for
pre-con, final inspection, and shall prevail if any discrepancies exist between the RFP.
12.0 REPLACEMENT PARTS:
12.1 The Borough shall expect the dealer or manufacturer to provide replacement wear parts to
the Borough’s facilities.
12.1.a Any requests will be addressed immediately and ordered as needed, lead time TBD
based on supplier inventory and shipping time.
12.2 Back-order procedures: Back orders are acceptable; however, the ordering shop shall be
apprised at time of original orders as to the expected delay in delivery.
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Kodiak Island Borough Equipment Purchase Agreement
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12.3 Warranty: All products supplied by the contractor shall be warranted against defects in
materials and workmanship for the full factory warranty, commencing at the time of
installation if the installation is within 12 months of purchase. The cost of any defective
product and the labor required to replace the defective product shall be the obligation of the
contractor.
12.3.1 If the manufacturer’s warranty exceeds the stated warranty, then manufacturer’s
warranty supersedes.
12.3.2 Parts Return: Within 12 months of purchase the Borough is to be allowed to return
new parts with full refund fewer shipping charges.
12.3.3 Invoicing: Full description of item is required on all invoices, packing lists and
billings.
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Kodiak Island Borough Equipment Purchase Agreement
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APPENDIX B
INVITATION TO BID
AGENDA ITEM #14.A.1.
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KODIAK ISLAND BOROUGH
BAYSIDE FIRE RESPONSE VEHICLE PROCUREMENT
ISSUED: September 2, 2022
AGENDA ITEM #14.A.1.
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Invitation for Bids
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INVITATION FOR BIDS
The Kodiak Island Borough will receive sealed bids until 2:00 pm (local time), September 30,
2022, for the FIRE RESPONSE VEHICLE PROCUREMENT, Kodiak, Alaska.
The scope of work is for a new FIRE RESPONSE VEHICLE or pre-approved equivalent to be
used at the BAYSIDE FIRE STATION. The Kodiak Island Borough reserves the right to reject or
accept any or all bids.
Complete bid documents are available on the Kodiak Island Borough website at
www.kodiakak.us.
CONTACT PERSON:
Lee Finlayson, Fire Chief
Bayside Fire and Rescue
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9343
Fax: (907) 486-9347
Email: lfinlayson@kodiakak.us
Bid Package Available September 2, 2022
SUBMIT BIDS TO:
Cashiers Office – Room 104
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Bids will be received only in the Finance Office and only until the time stated above, at which time
they will be publicly opened and read aloud. Bids received after the time stated above will be
returned unopened. Bid envelopes must be clearly marked BAYSIDE FIRE RESPONSE
VEHICLE PROCUREMENT.
Borough Manager
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Invitation for Bids
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IMPORTANT
BIDDER REGISTRATION FORM
Upon receipt of these bid documents, the contractor shall fill out the information below and return to the
Kodiak Island Borough in order to provide contact information to receive notification about additional
information, addendum and any other information which may impact bid time or quantities. Only registered
bidders will receive notifications.
Contractor’s Contact Information
Name of Company: _____________________________________________________________
Contact Name: _________________________________________________________________
Address: ______________________________________________________________________
Phone Number: ______________________________
Fax Number: ________________________________
Email: ________________________________________________________________________
Return this form via fax, email, regular mail, or hand delivered to the following location:
Lee A Finlayson, Fire Chief And Copy Patricia Valerio
Bayside Fire and Rescue Department Engineering and Faculties Dept.
Kodiak Island Borough Kodiak Island Borough
710 Mill Bay Road Phone: 907-486-9343
Kodiak, Alaska 99615-6398 Fax: 907-486-9343
Phone: (616) 401 6934 Email: pvalerio@kodiakak.us
Fax: (907) 486-9347
Email: lfinlayson@kodiakak.us
END OF BIDDER REGISTRATION FORM
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Invitation for Bids
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I. SCOPE OF WORK
The Kodiak Island Borough desires to purchase a new fire response vehicle. Procurement of all
specified equipment to include all freight costs to the Kodiak Island Borough Bayside Fire and
Rescue, 4606 E Rezanof Dr, Kodiak, Alaska 99615. The fire response vehicle must be received
no later than a date to be determined.
II. EQUIPMENT SPECIFICATIONS
Please see attached Appendix C.
III. SCHEDULE AND SUBMISSION
1) Schedule
Bid Package Available: September 2, 2022
Sealed Bid Due: September 30, 2022 at 2:00 pm local time
Fire Response Vehicle Delivery Deadline: to be determined
The Borough reserves the right to make adjustments to the above noted schedule as necessary.
2) Questions
Bidders may contact the Borough for clarification and information pertaining to this request for
bids. Any requests for information or clarification must be submitted in writing by email to Chief
Lee Finlayson at lfinlayson@kodiakak.us with a copy to Patricia Valerio, pvalerio@kodiakak.us
before date to be determined at 2:00 pm local time.
All written questions and written responses to all questions will be posted on the Borough's web
page as Addenda and emailed to all registered bidders. All addenda will be included in contract
documents.
3) Bid Submission
Bids submitted in response to this Invitation for Bids must meet the specifications set forth herein.
Only those bidders providing complete information as required will be considered for evaluation.
Any major deviation from these specifications will be cause for rejection of the bids at the
Borough's discretion.
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Invitation for Bids
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Bids must include the following information:
Cover Letter, including:
a) Project title
b) Name and address of the entity submitting the bid
c) Contact person's name, mailing or street addresses, phone and fax numbers and
email address
d) Submission of the letter will constitute a representation by your firm that your firm is
willing and able to perform the commitments contained in the bid.
Completed Bid Form and Acknowledgement of Addenda
Bidders are required to submit a bid price and acknowledge any issued addenda on the attached
Appendix A.
Proposed Equipment
Bidders are required to provide sufficient documentation to define the equipment being provided
in this scope of work. Such documentation may include, but is not limited to detailed vendor quote,
vendor catalog sheets, general data sheets, drawings and sketches or specification and warranty
information.
4) Submittal
One original and one copy of your bid package must be received by the Office of the Borough
Finance Office no later than 2:00 P.M. (local time), September 30, 2022. Bid shall be sealed and
addressed to:
Finance Office – Room 104
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
The outside of the sealed envelope must be identified as: BAYSIDE FIRE AND RESCUE FIRE
RESPONSE VEHICLE PROCUREMENT.
Late bids sent by facsimile or email will not be accepted. It shall not be sufficient to show that the
bid was mailed in time to be received before scheduled closing time, postmarks will not be
accepted.
IV. TERMS AND CONDITIONS
1) Errors and Omissions
Bidders are responsible for reviewing all portions of this Invitation for Bids. Bidders are to promptly
notify the Borough, in writing, if the bidder discovers any ambiguity, discrepancy, omission or
other error in the Invitation for Bids. Any such notification should be directed to the Borough
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promptly after discovery, but in no event later than seven working days prior to the date for receipt
of bids.
2) Contract
Bid shall be good for 90 days. A successful bidder will be expected to enter into a written contract
with the Kodiak Island Borough prior to the purchase of the equipment. A copy of the standard
Kodiak Island Borough Equipment Purchase Agreement is attached as Appendix B.
3) Manufacturer's Name
Any manufacturer's name, trade name, brand name, information and catalog numbers used
herein are for the purpose of description and establishing general quality levels. References are
not intended to be restrictive of any products that manufacturer may offer. The determination as
to whether any alternate product or service is equal shall be made by the Kodiak Island Borough
and such determination shall be final and binding among all bidders.
4) Specifications
Any deviations from bid specifications indicated herein must be clearly stated otherwise it will be
considered that items offered are in strict compliance with the specifications, and successful
bidders will be held responsible. Deviations must be explained in detail.
5) Placing of Orders
The award of this bid does not constitute an order. Before shipments or service provided the
bidder must receive a contract approved by the Borough Assembly and signed by the Borough
Manager.
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Appendix A: Bid Form
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APPENDIX A
BID FORM
Company Name: _______________________________________________________
Representative Name: _____________________________Title: ________________
Address: _____________________________________________________________
City: _________________________State: _______ Zip Code: _____________
Phone Number: ___________________Email address: ________________________
Total cost of fire response replacement vehicle shall not to exceed 250,000 USD this
vehicle should be in the form of Wildland Fire Response Vehicle. Bids should be submitted
to the Kodiak Borough Offices, 710 Mill Bay Road, Kodiak Alaska 99615:
(if differences exist between the written and printed form, the written form shall prevail)
_______________________________________________________________________dollars
(written)
$______________________
(printed)
Bidder is required to acknowledge receipt of all addenda. Provide the number and date of
each. Attach additional sheets if necessary.
Addendum Number Date
_________________________________
_________________________________
_________________________________
I have read and understand the requirements of this Invitation for Bids and agree to comply except
as noted below:
Submitted by: _________________________________ Date: ______________
(Signature of individual listed above)
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Appendix B: Kodiak Island Borough Equipment Purchase Agreement
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APPENDIX B
KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT`
Contract No.
THIS AGREEMENT made this by a date to be determined, between the Kodiak Island Borough,
acting by and through its Borough Manager, party of the first part, and vendor to be named,
hereinafter called the Distributor.
WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein
specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a
FIRE RESPONSE VEHICLE for the Kodiak Island Borough per the Specifications [part of the
Contract Documents] for same and for the sum of sixty thousand & 00/100 ($250,000.00) Dollars.
The Distributor further covenants and agrees that the manufacturing of said Fire Response
Vehicle shall be done to the complete satisfaction of the Kodiak Island Borough, subject to
inspection at all times and approval by any participating agency of the Government of the United
States of America, and in accordance with the laws of the State of Alaska and rules and
regulations of said Federal Agency.
The Distributor further covenants and agrees that the manufacturing of said Fire Response
Vehicle shall be done and performed in the best and most workmanlike manner and that all and
every of said materials and labor shall be in strict and entire conformity in every respect with the
Specifications. Distributor will abide by and perform all stipulations, covenants, and agreements
specified in the Contract Documents, all of which are by reference hereby made a part of this
Contract, as to all premises therein. In the case of any said materials or labor shall be rejected by
the Borough Manager or his assistant or authorized representative, as defective or unsuitable,
then the said materials shall be removed or replaced with other approved materials and the said
labor shall be done anew to the satisfaction and the approval of the Borough Manager or his
representatives, at the cost and expense of the Distributor.
To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and
volunteers and others working on behalf of the Kodiak Island Borough against any and all claims,
demands, suits or loss, including all costs connected therewith, and for any damages which may
be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and
appointed officials, employees, volunteers or others working on behalf of the Kodiak Island
Borough, by reason of personal injury, including bodily injury or death and/or property damage,
including loss of use thereof, which arises out of or is in any way connected or associated with
this Agreement.
The agreement entered into by the acceptance of the Distributor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and if not attached, are to be treated as attached.
1. Agreement
2. Invitation for Bids
3. Specifications
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Appendix B: Kodiak Island Borough Equipment Purchase Agreement
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In the event of any conflict or inconsistency between any of the foregoing documents, the conflict
or inconsistency shall be resolved upon the basis of the numerical order. The document or
documents assigned the small number or numbers being controlling over any documents having
a larger number in the numerical order set forth above.
The Distributor further covenants and agrees that said Fire Response Vehicle shall be furnished
and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before
DATE TO BE DETERMINED. It is expressly understood and agreed that in case of the failure on
the part the Distributor for any reason, except with the written consent of the Borough Manager,
to complete the furnishing and delivery of said Fire Response Vehicle before the aforesaid date,
the party of the first part shall have the right to deduct from any monies due or which may become
due the Distributor, or if no monies shall be due, the party of the first part shall have the right to
recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between
the time stipulated, and the actual date of delivery in accordance with the terms thereof: said
deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages.
Provided, however, that upon receipt of written notice from the Distributor of the existing causes
over which said Distributor has no control and which must delay the delivery of Fire Response
Vehicle, the Borough Manager may at his discretion, extend the period herein before specified for
the delivery of the said Fire Response Vehicle, and in such case the Distributor shall become
liable for said liquidated damages for delays commencing from the date on which said extended
period shall expire.
The Distributor hereby agrees to receive the prices set forth in the bid as full compensation for
delivering the Fire Response Vehicle to complete said Agreement to the satisfaction of the
Borough Manager.
It is further distinctly agreed that the Distributor shall not assign this contract, or any part thereof
or any right to any of the monies to be paid to a third party.
Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough
within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by
Distributor.
IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him/her vested,
has executed this contract on behalf of the Kodiak Island Borough, and the vendor to be named
have hereunto set their hands and seals, the day and year first above written.
The terms of this agreement shall be from DATES TO BE DETERMINED.
KODIAK ISLAND BOROUGH DISTRIBUTOR
By _________________________ By ________________________
Borough Manager Title:
Attest:
By _______________________________
Borough Clerk
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APPENDIX C
SPECIFICATIONS
GENERAL SPECIFICATION:
It is the purpose of this specification to describe a Fire Response Vehicle powered, All/four-wheel
drive, crew cab, trailer tow package of the manufacturer's latest current model and design.
Unit shall include all standard equipment and accessories as advertised in manufacturer's
specification sheet of model offered, unless otherwise specified herein.
APPLICATION:
General standard Fire Response Vehicle pickup vehicle application.
TYPICAL UNITS:
Dodge Ram 5500 or Ford F-550 or Equivalent, pre-approved equivalent provided all the following
minimum specifications are met.
1.0 POWER TRAIN:
1.1 Engine:
1.1.1 Diesel – Standard- Range of 300 mile range minimum
2.0 DRIVE TRAIN:
2.1 Transmission:
2.1.1 Power shift at least six speeds, forward and reverse.
2.2 Axles:
2.2.1 4-wheel drive
2.3 (Place Holder)
3.0 CHASSIS:
3.1 Operating weight one ton or higher.
3.2 Crew cab, four door
3.3 Tires:
3.3.1 Super Single Tires, dually, or equivalent
3.3.2 Spare Tire with Mounted Wheel: To be same as above with mounted wheel
3.4 Tow package w/ tow technology package or equivalent
3.5 18 HP or greater Wildland Pump (Hale, Waterous, or Darley)
3.5.1 Water and Foam Pumps capable of 100gpm at minimum with foam application
3.5.2 Pump to be Foam Ready out of each line provided.
3.5.4 Foam Cell to be 10 Gallon or greater capacity.
3.5.5 Water tank capacity to be 300 gallons or greater.
3.6 Hose configuration 100’ of 1” Wildland Hose
3.7 Aluminum flatbed (Not Steel)
3.8 (Place Holder)
4.0 ELECTRICAL SYSTEM:
4.1 Master electrical switch to cut off all power source from battery to starter and remainder of
electrical system with full factory warranty.
4.2 Lighting System: Standard OEM
4.2.1 Compartment spaces to have LED lighting.
4.3 Siren System: OEM for Emergency Services
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4.4 (Place Holder)
5.0 CAB:
5.1 Standard OEM
5.2 Recirculating personnel heater (Minimum 30,000 BTU) and defroster(s). Defroster(s) to be
zoned to windshield wiper area(s), minimum.
5.3 Front window wipers and washers. OEM motor and intermittent feature on front minimum.
5.4 Sun visors.
5.5 Seating: 4 or more capacity.
5.6 Lockable doors.
5.7 Mirrors standard OEM or greater.
5.8 Horn
5.9 Air Conditioning capability to OEM standard.
5.10 Emergency LED Lighting to NFPA standard.
5.11 Siren, electronic
5.12 (Place Holder)
6.0 INSTRUMENTATION:
6.1 All gauges as noted below shall read in U.S. units of measure (not metric) at time of delivery.
6.2 Gauges and/or indicators, OEM
6.3 Forward Collision warning
6.4 (Place Holder)
7.0 MISCELLANEOUS:
7.1 Key FOB
7.1.1 Three (3) sets of keys, minimum, to be provided.
7.2 Backup Alarm: Electronic,
7.3 Fire decals and emergency lighting to be provided.
7.3.1 Reflective striping 4”
7.4 Paint OEM standard.
7.5 Publications:
7.5.1 To include parts, service, and operator's manuals.
7.6 Heavy duty front bumper or brush guard.
7.7 Front bumper turret with remote control joystick mounted inside the cab.
7.8 (Place Holder)
SPECIAL TERMS AND CONDITIONS
8.0 DELIVERY:
8.1 Pre-delivery service: Prior to delivery, each vehicle, piece of equipment or attachment shall
be serviced and inspected by the dealer or his agent. A certification of this inspection must
include the following (as applicable to the type of equipment):
8.1.1 Dealer and vehicle identification
8.1.2 Check-off of service and inspection performed including a list of all fluids including
type, weight and specification that are in the equipment as delivered for all fluid
compartments.
8.1.3 The vehicle’s differential and transmission, and other fluid compartments shall be
filled to the manufacturer’s recommended capacity.
8.1.4 Battery system shall be charged to at least register a full on the gauge, unless
restricted by the commercial carrier, when vehicle arrives at the delivery location.
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8.1.5 The vehicle shall be clean and free from defects when delivered and should be
ready for immediate and continued use upon delivery.
8.1.6 Units delivered in an incomplete state, or that have deficiencies per the
specification, are subject to the damage charges as noted in paragraph below.
9.0 WARRANTY:
9.1 Standard Warranty Package: Unless otherwise stipulated by this contract, the contractor
will provide a full warranty.
9.1.1 Full (100%) Parts and Labor Warranty Coverage of all components for the full
factory warranty, from the date the unit is placed in service.
9.1.2 Full Warranty Coverage includes all cost of labor, parts, freight of parts or
associated tools, transportation and travel, lubricants, miscellaneous cost, etc., to
place the unit in like-new condition.
9.1.3 Should the manufacturer’s standard warranty exceed the minimum Borough
warranty requirements, the manufacturer’s warranty will run in conjunction with and
enhance the Borough’s warranty, then continue for the remainder of its term.
9.2 General Warranty Requirements for all Equipment:
9.2.1 Warranty Exceptions:
9.2.1.1 For clarification, warranty does not apply to normal wear and tear or
maintenance items, accident damages, misuse of equipment or failure
to operate or maintain equipment as prescribed by
vendor/manufacturer.
9.2.2 Warranty on Attachments: Same as Standard Warranty Package.
9.2.3 In-Service Date:
9.2.3.1 Warranty on vehicles not placed in service immediately upon receipt
because of time lag to construct body components and/or installation
of special equipment, or due to seasonal usage or other delay, shall be
warranted from the date the vehicle is placed in service. The receiving
agency shall notify the vendor/manufacturer in writing of the actual "in
service" date. Notification of the requirement for delayed warranty will
be provided on delivery orders whenever possible.
9.2.4 Authorized Warranty: For the purpose of this contract, the contractor must meet
the following applicable requirements:
9.2.4.1 Contractor must:
9.2.4.1.1 possess a current Alaska Motor Vehicle Dealer License
pursuant to AS 08.66.010 through AS 08.66.090, when
offering motor vehicles, trailers or semi-trailers, and.
9.2.4.1.2 be a manufacturer(s) authorized warranty service dealer for
the unit, a minimum of one year, and.
9.2.4.1.3 have the capability of providing warranty servicing and
repair work within the State of Alaska, with an authorized
warranty repair facility in Anchorage or Fairbanks, as a
minimum.
9.2.4.2 Contractor, if appropriate, shall submit the name, address, Alaska
business license of any subcontractor who will provide the warranty
servicing and repair work referenced in paragraph above. The
contractor must also provide contractual documentation or agreements
with the subcontractor ensuring the Borough that the subcontractor will
provide complete contract performance on behalf of the contractor as
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set forth in the Bid and verification that the work provided will maintain
manufacturer’s warranty requirements.
9.2.4.2.1 Approval of all subcontractors must take place prior to the
bid opening.
9.2.4.2.2 The use of a subcontractor does not exclude the provisions
as noted requirements of the contractor.
9.2.5 Warranty Claims:
9.2.5.1 Warranty will be provided at the unit’s assigned (in-service) location.
Because of the remote location of some equipment, it is not always
practical to deliver equipment to authorized warranty repair facilities. In
these cases, the contractor may perform warranty work at the
Borough's location or, the Borough, at its discretion, reserves the right
to perform the warranty work and be reimbursed by the vendor.
9.2.5.2 The Borough has established a warranty procedure whereby the
contractor is to be notified via letter, fax, email, etc. that warranty work
needs to be performed. If time is of the essence, a telephone call
confirmed by one of the above written procedures may be utilized. The
contractor must notify the Borough immediately that it will begin to
perform the warranty work at the equipment location within 48 hours
from receipt of written notification. The Borough may, at its discretion,
proceed to make warranty repairs with its own workforce in the case of
emergency situation or to preclude excessive downtime (greater than
48 hours).
9.2.5.3 Failure to notify the Borough that the contractor intends to begin to
perform warranty work promptly under this paragraph, by the end of the
business day following the Borough’s notification that work is required
to be performed, is considered a contractual breach.
9.2.7 Factory Recall:
9.2.7.1 Nationwide factory recall or product update programs are the
responsibility of the contractor and/or manufacturer. Because of the
remoteness of some equipment this is not always practicable or
economical. In such cases, factory recall and modification work will be
handled the same as warranty work. Factory recall notices sent to the
Borough should, in addition to serial number, include model, year, and
dealer from who purchased.
10.0 PUBLICATIONS:
10.1 To include service, parts and operator’s manuals.
10.2 All manuals are to be pre-assembled in factory binders prior to delivery.
10.3 Publications are to be received by the Borough not later than 30 days after delivery of the
unit. Delivery will not be considered complete until the publications for each unit have been
received by the Borough.
10.4 Service Manuals:
10.4.1 Complete set(s), paper books and compact disc if available to include applicable
information covering prime unit and attachments:
10.4.1.1 Body, chassis, and electrical
10.4.1.2 Motors, transmission, and differential(s) (service and rebuild)
10.4.1.3 Electrical and Vacuum troubleshooting
10.4.1.4 Wiring diagrams
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10.4.1.5 Service specifications
10.4.1.6 Pump configurations with foam capabilities
10.5 Parts Manuals:
10.5.1 Complete set(s), paper books and electronic format if available to include prime
unit and attachments, including updates. If updates are not provided during the
one-year warranty period, the Borough will order them from the manufacturer and
bill the contractor for the full cost, including shipping.
10.5.2 Parts manuals are to be customized by serial number.
10.6 Operator’s Manuals: Complete set(s) to include prime unit and attachments.
10.7 Quantities: Publications, when required, will be ordered on the same Purchase Order as
the unit itself.
10.8 Manuals: To be delivered to, and receipt signed by person(s) as noted on the Purchase
Order.
10.9 Service Bulletins, etc.:
10.9.1 The contractor must provide appropriate service bulletins, technical support
bulletins, service letters, product support bulletins, and/or any other information
type notifications that are sent out to the contractor or used by the manufacturer in
the maintenance and report of the vehicle, equipment or attachments being
provided. The intent of this clause is that the Borough be provided notification of
any and all changes or improvements that may affect the maintenance, reliability,
longevity, and safety of our equipment.
10.9.2 This information will be provided as soon as possible to person(s) as noted on the
Purchase Order.
11.0 INSPECTIONS:
11.1 The Borough's inspection of all materials and equipment upon delivery is for the sole
purpose of identification. Such inspection shall not be construed as final or as acceptance
of the materials or equipment if materials or equipment do not conform to contract
requirements. If there are any apparent defects in the materials or equipment at the time of
delivery, the Borough will promptly notify the contractor thereof. Without limiting any other
rights of the Borough, the Borough at its option, may require the contractor to:
11.1.1 Repair or replace at contractor's expense, any or all the damaged goods,
11.1.2 refund the price of any or all the damaged goods, or
11.1.3 accept the return of any or all the damaged goods.
11.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or
removing or replacing any or all the defective materials or equipment will be charged against
the contractor.
12.0 REPLACEMENT PARTS:
12.1 The Borough shall expect the dealer or manufacturer to provide replacement wear parts to
the Borough’s facilities within two (2) working days of order. All other parts must be available
within ten (10) working days.
12.2 Back-order procedures: Back orders are acceptable; however, the ordering shop shall be
apprised at time of original orders as to the expected delay in delivery.
12.3 Warranty: All products supplied by the contractor shall be warranted against defects in
materials and workmanship for the full factory warranty, commencing at the time of
installation if the installation is within 12 months of purchase. The cost of any defective
product and the labor required to replace the defective product shall be the obligation of the
contractor.
AGENDA ITEM #14.A.1.
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Appendix C: Specifications
Bayside Fire Response Vehicle Procurement
Page 15 of 15
12.3.1 If the manufacturer’s warranty exceeds the stated warranty, then manufacturer’s
warranty supersedes.
12.3.2 Parts Return: Within 12 months of purchase the Borough is to be allowed to return
new parts with full refund fewer shipping charges.
12.3.3 Invoicing: Full description of item is required on all invoices, packing lists and
billings.
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 77 of 194
From:Dave Conrad
To:Matthew Brady
Cc:Brian Price; Patricia Valerio
Subject:RE: Bayside Fire Department Vehicle Orderr
Date:Friday, June 2, 2023 1:02:00 PM
Mathew, I do believe this is acceptable as presented. The fire board voted to accept your
substitution. Due to the percentage increase to the contract, this is scheduled to be formally
approved by the Kodiak Island Borough Assembly on June 15, 2023
From: Matthew Brady <matt@rebelbrushtrucks.com>
Sent: Friday, June 2, 2023 8:06 AM
To: Dave Conrad <dconrad@kodiakak.us>
Cc: Brian Price <bprice@kodiakak.us>; Patricia Valerio <pvalerio@kodiakak.us>
Subject: Re: Bayside Fire Department Vehicle Orderr
Sir, is my last message acceptable about some minor missing options on the chassis? On the flip side,
you’re getting a 2023 model with 8.5 inch screen and polished aluminum wheels. No one’s getting
that in the market right now, everyone is still struggling to find 2022 models with barebones
tradesman options.
Matt
On Wed, May 31, 2023 at 2:09 PM Matthew Brady <matt@rebelbrushtrucks.com> wrote:
Good afternoon Mr. Conrad,
These terms are agreeable to Rebel Strike with the exception that the new 2023 Ram Chassis will
be white and will not have electronic shift on the fly or keyless entry.
Matt
Matthew Brady
CEO, Rebel Strike
725.373.3963 | matt@rebelbrushtrucks.com
www.rebelbrushtrucks.com | Skype: matthew.brady99
.
On Tue, May 30, 2023 at 4:29 PM Dave Conrad <dconrad@kodiakak.us> wrote:
Matt good afternoon. The Bayside Board met last week to discuss the offer you made regarding
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 78 of 194
the tuck chassis’ s that you procured. They are interested in moving forward with the 14 K
increase with the following stipulations.
1. The vehicle is to be delivered by August 31, 2023, and, if the vehicle is not delivered by
that time, The board reserves the right to exit the contract agreement.
2. The new contract meets or exceeds the provisions of the prior contract agreement.
I think what the second item is searching for is a comparable vehicle list to ensure that the
substitute truck isn’t dramatically different as far as gross vehicle weight, engine displacement,
payload capacity, etc. Comparing apples and apples so to speak.
Obviously, there is a contract in place, and it is specifically in your court if you will accept any
additional terms. Happy to discuss this further if you wish. Thank you.
David Conrad
Director – Engineering and Faciltities
Kodiak Island Borough
(907) 486-9340 (w)
(907) 654-2782 (cell)
--
Matthew Brady
CEO, Rebel Strike
725.373.3963 | matt@rebelbrushtrucks.com
www.rebelbrushtrucks.com | Skype: matthew.brady99
.
AGENDA ITEM #14.A.1.
Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An...Page 79 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Contract No. FY2023-50 Authorizing The Manager To Execute Contract With
Convergint For The Kodiak Island Borough Lenel System Service And
Maintenance
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to authorize the Manager to execute Contract No. FY2023-50 with Convergint for the
Kodiak Island Borough Lenel System Service and Maintenance for a five-year contract in the
amount of $48,494.
DISCUSSION:
The Kodiak Island Borough's swipe card access units are on a system called the Lenel System.
Kodiak Island Borough has 33 swipe card units. We have been using Convergint, formally
known as ATS, for many years. Our last contract with Convergint was for five years from August
1, 2018, to July 31, 2023. As we are approaching the expiration of this contract we are asking
to renew Convergint's contract for our Lenel System for an additional five years from August 1,
2023, to July 31, 2028. The routine service and maintenance is needed to keep the system
operating correctly.
The previous five-year contract was for a total of $39,248
The proposed five-year contract is for a total of $48,494
ALTERNATIVES:
Deny the contract and go out to bid for a new access control system.
FISCAL IMPACT:
The funds will be coming from Fiscal Year 2024 three different locations:
- Fire Protection Area 1 (5 units),
Total for FY24 = $1,426.50
- Buildings and Grounds (4 units)
Total for FY24 = $1,141.20
- Kodiak Fisheries Research Center (24 units)
Total for FY24 = $6,942.30
For each fund in FY24 there were enough funds budgeted for this maintenance agreement.
OTHER INFORMATION:
AGENDA ITEM #14.A.2.
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1
LENEL SYSTEMS
SERVICE & MAINTENANCE
CUSTOMER SUPPORT PLAN RENEWAL
Bayside Fire, Borough Building, and Kodiak Fisheries Research Center
Access Control Support for Five Years
August 1, 2023, through July 31, 2028
Prepared By:
Garrett Prokosch
May 19, 2023
Contract FY2023-50
AGENDA ITEM #14.A.2.
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2
Executive Summary:
Thank you for the opportunity to propose our facility systems maintenance support agreement
for your access control system. Based on our recent installation and our knowledge of your
facilities, we have prepared a customized service agreement for your facility located in Kodiak,
Alaska.
Our mission is to partner with our customers to help improve their facilities’ safety, comfort
and efficiency. We do this by working with our customers to provide services that enhance
their ability to make the most of their facility systems. The goals and content of this proposal
are outlined below.
Support Agreement Goals:
The goals with this proposal are to support the following systems:
1. Lenel Systems Int’l Access Control System
2. Customer Support Services
Proposal Contents:
1. Convergint Custom Service Plan Features
2. Tentative Schedule of Services
3. Support Plan Pricing Summary/Signature Page
4. Terms and Conditions
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3
Convergint Customer Support Agreement
Following is a list of the Support Services we will perform to maximize the value of your
investment in your facility systems. Following the list of Support Services is a detailed
description of each service.
Access Control System:
1. Lenel System Software Support Plan
Annual Software Maintenance Support from Lenel Systems Intl.
Annual Software Updates to Server and Client PC(s)
Annual Database Backup Support
Annual Access Control System Battery Performance Testing
Flex Hour Support
Convergint Customer Support:
1. Troubleshooting and Diagnostic Assistance
2. Emergency Response Services
On-Line Response (via Telephone)
On-Site Response
3. General Services; Included in All Support Agreements
Account Management
Documentation of All Services Provided
Quality Assurance Program
Discounted Material & Labor Rates
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4
Convergint Customer Support Plan Features
Lenel System Maintenance Plan
Annual Software Support Plan & Technology Updates
The Lenel Annual Software Maintenance Plan provides for continued Factory technical
support for your access control system and access to software updates. These periodically
released software updates provide added features, increase communications and processing
speed, and system operating system compatibility for your access control system. As part
of this agreement, Convergint will provide access to the software maintenance plan and
provide installation of these updates on any annual visit as they become available, always
keeping your system software state-of-the-art. This service includes updates to the Lenel System
software only. No hardware, operating system or other 3rd-party software updates or upgrades are
included with this service.
Included with this Support Agreement – As released – Annually during PM visit
Not included with this Support Agreement
Lenel System Database Protection
Lenel system backups safeguard your access control system’s vital databases of system
information from unforeseen and costly catastrophic events (lightning strike, electrical
power surge, flood, physical damage, etc.). We will back-up your system database, software
and graphics a minimum of one (1) time per year, and provide safe storage of this critical
system information. Should a catastrophic event occur, we will respond onsite to reload the
databases and system files from our stored backup copy and to ensure proper operation
and performance. Repair costs and the costs to reload the databases and system file will be at the
preferred material and labor rates stated below.
Included with this Support Agreement – Annually during PM visit
Not included with this Support Agreement
Functional Battery Testing
Using our testing tools, we will performance test your access control system batteries;
battery voltage and charge levels will be checked. Any battery incapable of maintaining a
65 percent charge will be noted for immediate replacement. Additionally, any batteries
known to be older than three (3) years old will be noted for replacement as part of the
maintenance agreement. This service will be delivered one (1) time per year, and you will
be provided with detailed and itemized documentation of battery tests and replacement
recommendations for this system within 15 days of completion of the maintenance testing.
Service does not include replacement of batteries, but can be provided on a T&M basis if requested.
Included with this Support Agreement – Annually during PM visit
Not included with this Support Agreement
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5
Functional Performance Testing and Maintenance
Using our testing tools, we will perform an inspection of the integrity and functionality of
the Lenel system server and software. This service includes a review of the communication,
database, and credentials for the server to determine if conflicts or potential issues are
developing that may interrupt the functionality of the system. This service will be delivered
annually, and you will be provided with detailed documentation of tests and maintenance
performed on this system within 15 days of completion of the maintenance testing. If any
items are found to be defective or in need of repair, a repair quote will be provided with the
itemized maintenance report. Pricing for this option is based on the size of the existing system
(33 doors). The service agreement can be amended to cover future additions to the system prior to
renewal of the service agreement.
Included with this Support Agreement – Annually
Not included with this Support Agreement
Flex Hour Support
Flex-hours support, as you need it, whether it is online support from our office, or for an
on-site visit from a service technician. Prepaying for these hours allows you to budget for
emergency calls or special projects, and spread the payments on your terms. We will provide
an agreed upon number hours of flex-hours support per year. Based on our knowledge of
your facilities, we have included 20 flex hours per year for service by Convergint personnel.
If more hours are needed for service response, these hours will be billed at discounted
service agreement rates listed on the following pages. If less than 20 hours are used, the
left-over flex hours can be used as desired s for any of the systems covered within this
support agreement. These hours can be used during the normal work day as needed for
many different uses such as:
System upgrades
Graphics changes (if applicable)
As-built documentation of changes made to the facility systems
Repairs not already covered by warranty
Training
Rolled-over to next year
Included with this Support Agreement – Twenty (20) hours per year
Not included with this Support Agreement
Convergint Customer Support Plan Services
Troubleshooting and Diagnostics Assistance (normal working hours)
We will provide limited troubleshooting and diagnostics assistance via telephone during
normal working hours (8AM – 5PM, M-F). We will work with your staff to diagnose and try
to fix the problem over the phone or at a minimum scope the problem down to a specific
item or group of items. This service does not include after-hours support; for after hour
support please see the Emergency Response Services section below.
Included with this Support Agreement – Limited Services
Not included with this Support Agreement
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6
On-line Emergency Response
To quickly respond to emergency service requests and to reduce the costs and disruptions
of downtime we will use the telephone as our first action to a request for emergency
response. You simply need to contact Convergint through our main line (907-868-5100)
and supply the necessary information about your issue.
Priority Emergency On-line Response Time
This service support agreement will provide Priority Emergency On-Line response within
2 business hours; 24 hours a day, seven days a week. Note: Our first action to a request
for emergency response will be to attempt to resolve the situation on-line. There may be a one
(1) hour minimum charged for each on-line service. If on-line diagnosis determines a site visit is
required to complete troubleshooting and problem resolution procedures, we will be on-site
based on the level of Emergency Onsite Response selected (described below).
Emergency On-site Response Time
As part of this service support agreement Convergint will provide guaranteed on-site
response within two business days after receipt of an Emergency Response request. This
guarantee is subject to weather and flight/travel availability.
Emergency Response Services listed above guarantee Convergint’s response time
to an emergency situation only. The use of on-line and/or on-site emergency service
is not included in the scope of this contract and will be billed at the applicable time &
material rates. The labor and material rates for 2017 are listed below. Prices are subject
to change.
General Convergint Customer Services
Account Manager - A dedicated Account Manager will be responsible for your total
service satisfaction. Your Account Manager will provide the designated services,
monitor equipment performance, track equipment service history, and consult with
you to meet your objectives.
Dedicated Service Team - Our service team knows Lenel Access Control systems
and associated equipment. All our service technicians are factory trained on this
equipment, and are specialists in maintaining and troubleshooting your system.
Documentation - All service visits will be documented by a work order detailing the
service performed, materials used, and hours spent.
System and Service Log - Convergint will provide you with a log for documentation of
concerns, system problems, and other related items requiring our attention. Each
scheduled service visit shall begin with a review of the log.
Price Advantage- Discounted Labor and Material - As support plan customer
you will receive a discount off the normal labor and material prices for work
performed on your covered systems. You will receive customer support program
customer discounts on labor (see rates included at end of proposal) and an
additional discount on material.
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7
Support Plan Pricing Summary:
We have included the following customer support plan features included in this
agreement as detailed in the previous sections:
Lenel Systems Access Control Software Maintenance
Emergency Response Services
Pricing for these features is provided based on a 5-year contract. The initial contract year
will start August 1, 2023, and will be invoiced semi-annually, August 1 and February 1.
By signing below, you are indicating your intent to renew this Service Agreement at each
anniversary date without renegotiating the scope and pricing. The advantages to your
organization are that Convergint extends a fixed contract price for the term of the
contract (1 + 4 option) and the pricing for this agreement is stated in advance which
makes the annual budgeting process easier. The advantage to Convergint is that we
understand that you are a long-term customer, which lowers our operational and
administrative costs.
Year 1: $9,510; Semi-annually at $4,755
Year 2: $9,510; Semi-annually at $4,755
Year 3: $9,510; Semi-annually at $4,755
Year 4: $9,982; Semi-annually at $4,991
Year 5: $9,982; Semi-annually at $4,991
Convergint believes that this proposal includes the best interests of Kodiak Island
Borough. Please feel free to contact me if you have any changes. If accepted, sign and
date below and return to Convergint with purchase order information.
Contractor Convergint Technologies Customer
By (Authorized Signature – Contractor) Date
May 19, 2023
By (Authorized Signature) Date
Print Name:
Garrett Prokosch
Print Name:
Title:
Account Executive
Title:
Kodiak Island Borough
Aimee Williams
Borough Manager
Total: $48,494.00
AGENDA ITEM #14.A.2.
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Convergint Technologies’ CSP Terms and Conditions Version 1.08 Dated Oct 2020
1. Throughout this CSP Proposal, the term, “Convergint” refers to the Convergint Technologies’ affiliate
operating in the state/province in which the work is being performed, specifically, “Convergint Technologies
LLC” or “Convergint Technologies LTD”.
2. This CSP Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and
oral agreements or representations relating to the services set forth in the attached scope of work
(“Services”). The signed CSP Proposal represents the entire agreement between Convergint and Customer
(the “Agreement”) and may only be amended by a written document signed by both Convergint and
Customer.
3. The term of this Agreement will begin on the Services commencement date as specified in the attached
scope of work (“Start Date”) and continue for the period of time as specified in the attached scope of work
(“Duration”). At the end of the Duration of this Agreement, the Agreement will renew automatically from
year to year until terminated by either party with written notice to the other party thirty (30) days prior to
the renewal date. If the customer chooses to cancel before the contract has expired, they will pay any cost
incurred prior to cancellation as well as 50% of remaining contract balance. Convergint reserves the right to
modify the annual CSP Program Cost with notice to Customer prior to the end of any term of this Agreement.
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions
of this Agreement shall remain in full force.
4. This Agreement assumes the systems covered are in maintainable condition. If repairs are found necessary
upon initial inspection by Convergint, a separate proposal for repair will be submitted for approval. Should
this separate proposal be declined, all non-maintainable items will be removed from this Agreement and
the CSP Program Cost adjusted accordingly.
5. Customer agrees at no cost to Convergint:
a. To provide access to all areas of the facility for the equipment identified in and/or relating to the
List of Covered Equipment (as specified in the attached scope of work);
b. To supply electrical service as required by Convergint; and
c. That in the event of any emergency or systems failure, reasonable safety precautions will be taken
by Customer to protect life and property during the period of time from when Convergint is first
notified of the emergency or failure and until such time that Convergint notifies the Customer that
the systems are operational or that the emergency has cleared.
6. It is understood that repair, replacement and emergency service provisions apply only to the systems and
equipment covered by this Agreement and identified in the List of Covered Equipment. Repair or
replacement of non-maintainable parts of the systems such as, but not limited to, unit cabinets, insulating
materials, electrical wiring, structural supports and other non-moving parts, is not included in this
Agreement.
7. If UL Listed Monitoring is purchased, Customer shall be required to provide the account setup information
contained in the Convergint Technologies Monitoring Service Agreement. Customer will also be required to
execute the Convergint Technologies Monitoring Service Agreement prior to the implementation of
monitoring service.
8. In the event that the systems, equipment or components included in the List of Covered Equipment are
modified, repaired, have a peripheral device attached to them, or are adjusted (hardware or software) by
someone other than a Convergint representative after the Start Date of this Agreement (hereinafter
“Modification Event”), Convergint shall have the right to exercise any or all of the following options in
response to this Modification Event:
a. Require that the Covered Equipment impacted by the Modification Event be subject to
reacceptance testing by Convergint;
b. Require removal of the Covered Equipment impacted by the Modification Event from the List of
Covered Equipment, so that the Services hereunder will not apply to such equipment;
c. Require termination of this Agreement upon thirty (30) days notice to Customer, at Convergint’s
option.
9. In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working
conditions at Customer’s facility where such Services are to be performed, Convergint is entitled to stop
providing its Services at that facility if such hazardous materials, or unsafe working conditions were not
provided by or caused by Convergint. Convergint, in its sole discretion, shall determine when it is “safe” to
return to providing its Services at Customer’s facility. Convergint shall have no responsibility for the
discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any
form at the Customer’s facility. Customer shall indemnify and hold harmless Convergint from and against
claims, damages, losses and expenses, including but not limited to, reasonable attorney’s fees, arising out
of or resulting from undisclosed hazardous materials, or unsafe working conditions at Customer’s facility.
10. Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to
be in breach of this Agreement because of any delay in the performance of their respective obligations
pursuant to this Agreement due solely to circumstances beyond their reasonable control (“Force Majeure”)
and without the fault or negligence of the party experiencing such delay, provided that the party
experiencing the delay shall promptly give written notification to the other party within five (5) days after
such party has learned of the Force Majeure event. A Force Majeure event shall include, but not be limited
to: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible
equipment, improper operating procedures, source current fluctuations or lighting.. If performance by
either party is delayed due to a Force Majeure event, the time for that performance shall be extended for a
period of time reasonably necessary to overcome the effect of the delay. Any Services required by
Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition
to any amounts due under this Agreement.
11. This Agreement shall be governed and construed in accordance with the laws of the state/province in which
the Services are being performed. Customer acknowledges that applicable law or regulation may limit
Customer’s rights and impose obligations with respect to information or data obtained using software
capable of obtaining what may in certain circumstances be characterized as biometric information
(individually and collectively, the “Software”) and agrees that Customer is solely responsible to ensure its
own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay
attorneys fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents,
contractors or representatives of any of the foregoing from and against any and all losses, liability, damages,
penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or
settlements (individually and collectively, “Liabilities”) arising from or related to any intentional or negligent
acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or
related to the Software, any hardware, software, or other services associated with the Software, or the use
of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related
to Customer’s failure to comply with applicable laws or regulations related to its use of the Software or any
hardware, software, or other services associated with the Software, including but not limited to the
Customer’s failure to obtain any necessary consents from affected individuals or provide any necessary
disclosures or protections with respect to the information of such individuals under any applicable privacy
or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from
and against third party claims for copyright and trade secret infringement under the terms of the End User
License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing,
Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint)
which are an element of loss subject to indemnification under this paragraph shall be deemed direct
damages
12. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such
invoice. If Customer is overdue in its payment to Convergint, Convergint has the right to suspend performing
the Services hereunder, and charge an interest rate of 1 and 1/2% percent per month, (or the maximum rate
permitted by law), and may avail itself of any other legal or equitable remedy. Sales taxes, (and in Canada
GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is
completed and the materials are incorporated into the Work at Customer's site. If materials are earlier
stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to
such materials shall pass to Customer upon delivery to Customer site.
13. Any equipment or products installed by Convergint in the course of providing the Services hereunder shall
only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to
Customer without recourse to Convergint. Upon request by Customer, Convergint will use all reasonable
efforts to assist Customer in enforcing any such third party warranties. This warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient
maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES
OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED
UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
14. Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and
expenses, (including, but not limited to, reasonable attorney’s fees), attributable to bodily injury, sickness,
disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent
or willful acts or omissions of Convergint or Convergint’s employees or subcontractors while on Customer’s
site, or b) the malfunction of the equipment supplied by Convergint, or c) Convergint’s breach of this
Agreement.
IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF
USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN
NO EVENT SHALL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS
PAID BY CUSTOMER TO CONVERGINT.
It is understood and agreed by the parties hereto that Convergint is or may be providing monitoring and or
intrusion products which are designed to provide notification of certain events but are not intended to be
guarantees or insurers against any acts for which they are supposed to monitor or inform. As required by
the monitoring and intrusion industry and the manufacturers thereof, Convergint’s indemnification
obligation pursuant to Section 13 herein, does not apply to the extent the loss indemnified against is caused
by any monitoring or intrusion product or software provided by but not manufactured by Convergint.
Convergint shall have no liability to Customer for any losses to the extent such losses are caused by the
monitoring or intrusion product or software. Customer shall indemnify, defend, and hold harmless
Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to
this Agreement, but only to the extent caused by such monitoring or intrusion product or software provided
by but not manufactured by Convergint.
15. Convergint shall have the following insurance coverage during the term of this Agreement, and shall provide
certificates of insurance to the Customer prior to beginning work hereunder:
Worker’s Compensation Statutory Limits
Employer’s Liability $1,000,000 per occurrence /aggregate
Commercial General Liability $1,000,000 per occurrence
$2,000,000 general aggregate
Automobile Liability $1,000,000 per occurrence/aggregate
Excess/Umbrella Liability $4,000,000 per occurrence/aggregate
All insurance policies carried by Convergint hereunder shall be primary to and noncontributory with the
insurance afforded to Customer, and shall name the Customer as “additional insured”, with respect to
liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling
within the indemnity obligations of Convergint, pursuant to the terms of this Agreement. Convergint shall
provide to the Customer no less than thirty (30) days notice prior to the termination or cancellation of any
such insurance policy.
16. In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt
to resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers
of each company. If settlement attempts are not successful, then the dispute shall be subject to and decided
by mediation or arbitration. Such mediation or arbitration shall be conducted in accordance with the
Construction Industry Mediation or Arbitration Rules of the American Arbitration Association currently in
effect and shall be a final binding resolution of the issues presented between the parties.
17. Neither party to this Agreement shall assign this Agreement without the prior written consent of the other
party hereto. Convergint may assign this Agreement to any of its parents, subsidiary or affiliated companies
or any entity majority owned by Convergint.
18. Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of
the parties as shown. All notices shall be effective upon receipt by the party to whom the notice was sent.
19. A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and
signed by a person with authority to commit the Customer or Convergint and delivered to the non-waiving
party according to the notice provision herein. No waiver by Customer or Convergint shall operate as a
continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms
stated in that waiver.
20. Sections regarding invoicing, warranty and indemnity shall survive the termination of this Agreement
AGENDA ITEM #14.A.2.
Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 88 of 194
UNITED STATES • CANADA • ASIA PACIFIC • EUROPE
Convergint Technologies Published Time and Materials
Service Labor Rates Alaska Technology Center
(Effective April 1, 2022)
Any future rate changes will be preceded by a 30-day notice.
Published Convergint Rates Customer Support Program*
2022 Rates
Standard Rates
Regular Overtime Holiday Regular Overtime Holiday
Life Safety / Security / Audio /
Controls
$145.00 $195.00 $235.00 $195.00 $235.00 $285.00
Sprinkler technician $147.00 $197.00 $237.00 $170.00 $235.00 $265.00
Service Account Manager** $133.00 $188.00 $218.00 $177.00 $220.00 $255.00
Truck Charge $45/call $55/call
Travel Policy Labor rate portal-to-portal
Minimum Charge***
1-Hour Regular Rate
1-Hour Overtime Rate
1-Hour Remote Access Rate
2-Hour Regular Rate
4-Hour Overtime Rate
1-Hour Remote Access Rate
Regular service calls have a 2-hour minimum charge plus a $55.00 truck charge. Holiday and overtime Service
calls have a 4-hour minimum. For CSP customers (Service Agreement), the minimum time charged is only 1 hour for
all service calls (emergency, holiday, etc), the discounted truck charge is $45 per call. Standard, CSP, and Warranty
service work is performed during Regular business hours (M-F 8:00am-5:00pm, non-holidays). For service calls
requiring 4+ hours of labor, a 0.5-hour minimum of Service Account Manager labor will be charged.
*For access to Customer Support Program Rates, a 1 to 5-year service contract with labor is required.
** For service calls requiring 4+ hours of labor, a 0.5-hour minimum of Service Account Representative labor will be charged.
*** By leveraging remote access to perform service calls, we are giving customers the opportunity to take advantage of a 1 hour
minimum, which can remove truck charges, and reduce response times.
AGENDA ITEM #14.A.2.
Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 89 of 194
PO LINE 123CONVERGINT fka ATS Alaska BAYSIDE DoorsKIB MAIN Doors KFRC Doors NOTES 5 doors 4 doors 24 doors Contract Total 48,494.00$ 15.00%12.00%73.00%250.212.450.430 220.232.450.430 555.758.450.435Contract Year Semi Annual Cost Year 1 $4,755.00$713.25$570.60$3,471.159,510.00$ $4,755.00$713.25$570.60$3,471.15Year 2 $4,755.00$713.25$570.60$3,471.159,510.00$ $4,755.00$713.25$570.60$3,471.15Year 3 $4,755.00$713.25$570.60$3,471.159,510.00$ $4,755.00$713.25$570.60$3,471.15Year 4 $4,991.00$748.65$598.92$3,643.439,982.00$ $4,991.00$748.65$598.92$3,643.43Year 5 $4,991.00$748.65$598.92$3,643.439,982.00$ $4,991.00$748.65$598.92$3,643.43$48,494.00 $7,274.10$5,819.28$35,400.62Amount Charged to Each Line Spreadsheet Created by P.Valerio 5/19/2023Vendor # 12503 (Convergint) & Vendor #12218 (ATS) ‐ Original PO Amount AGENDA ITEM #14.A.2.
Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 90 of 194
PO LINE 123CONVERGINT fka ATS Alaska BAYSIDE DoorsKIB MAIN Doors KFRC Doors NOTES 5 doors 4 doors 24 doors Contract Total 48,494.00$ 15.00% 12.00% 73.00%250.212.450.430 220.232.450.430 555.758.450.435Contract Year Semi Annual Cost Year 1 $4,755.00 $713.25 $570.60 $3,471.159,510.00$ $4,755.00 $713.25 $570.60 $3,471.15Year 2 $4,755.00 $713.25 $570.60 $3,471.159,510.00$ $4,755.00 $713.25 $570.60 $3,471.15Year 3 $4,755.00 $713.25 $570.60 $3,471.159,510.00$ $4,755.00 $713.25 $570.60 $3,471.15Year 4 $4,991.00 $748.65 $598.92 $3,643.439,982.00$ $4,991.00 $748.65 $598.92 $3,643.43Year 5 $4,991.00 $748.65 $598.92 $3,643.439,982.00$ $4,991.00 $748.65 $598.92 $3,643.43$48,494.00 $7,274.10 $5,819.28 $35,400.62Amount Charged to Each Line Spreadsheet Created by P.Valerio 5/19/2023Vendor # 12503 (Convergint) & Vendor #12218 (ATS) ‐ Original PO Amount AGENDA ITEM #14.A.2.
Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 91 of 194
LENELSYSTEMSSERVICE&MAINTENANCESUPPORTAGREEMENTKODIAKISLANDBOROUGHAIASKABaysideFire,BoroughBuilding,andKodiakFisheriesResearchCenterAccessControlSupportforFiveYearsAugust1,2018,throughJuly31,2023pPreparedBy.GarrettProkoschJuly19,20180-(1].AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 92 of 194
_b.ExecutiveSummary:Thankyoufortheopportunitytoproposeourfacilitysystemsmaintenancesupportagreementforyouraccesscontrolsystem.BasedonourrecentInstallationandourknowledgeofyourfacilities,wehavepreparedacustomizedserviceagreementforyourfacilitylocatedinKodiak,Alaska.OurmissionIstopartnerwithourcustomerstohelpimprovetheirfacilities’safety,comfortandefficiency.Wedothisbyworkingwithourcustomerstoprovideservicesthatenhancetheirabilitytomakethemostoftheirfacilitysystems.Thegoalsandcontentofthisproposalareoutlinedbelow.SuabortAgreementGoals:Thegoalswiththisproposalaretosupportthefollowingsystems:1.LenelSystemsIntlAccessControlSystem2.CustomerSupportServicesProoosalContents:1.XISCustomServicePlanFeatures2.TentativeScheduleofServices3.SupportPlanPricingSummary/SignaturePage4.TermsandConditions2)AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 93 of 194
flATSCustomerSupportAgreementFollowingisalistoftheSupportSejviceswewillperformtomaximizethevalueofyourInvestmentInyourfacilitysystems.FollowingthelistofSupportServicesisadetaileddescriptionofeachservice.AccessControlSystem:1.LenelSystemSoftwareSupportPlan•AnnualSoftwareMaintenanceSupportfromLenelSystemsIntl.•AnnualSoftwareUpdatestoSewerandClientPC(s)•AnnualDatabaseBackupSupport•AnnualAccessControlSystemBatteryPerformanceTesting•FlexHourSupportATSAlaskaCustomerSupport:1.TroubleshootingandDiagnosticAssistance2.EmergencyResponseServices•On-LineResponse(viaTelephone)•On-SiteResponse3.GeneralServices;IncludedinAllSupportAgreements•AccountManagement•DocumentationofAllServicesProvided•QualityAssuranceProgram•DiscountedMaterial&LaborRates{3}AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 94 of 194
ATSCustomerSuøooftAureementFeaturesLenelSystemMaintenancePlanAnnualSoftwareSupportPlan&TechnologyUpdatesTheLenelAnnualSoftwareMaintenancePlanprovidesforcontinuedFactorytechnicalsupportforyouraccesscontrolsystemandaccesstosoftwareupdates.Theseperiodicallyreleasedsoftwareupdatesprovideaddedfeatures,increasecommunicationsandprocessingspeed,andsystemoperatingsystemcompatibilityforyouraccesscontrolsystem.Aspartofthisagreement,ATSwillprovideaccesstothesoftwaremaintenanceplanandprovideinstallationoftheseupdatesonanyannualvisitastheybecomeavailable,alwayskeepingyoursystemsoftwarestate-of-the-art.ThisserviceincludesupdatestheLenelSystemsoftwareonlyNohardware,operatingsystemorother3-patfrsoftwareupdatesorupgradesareincludedwiththisservice.IX)IncludedwiththisSupportAgreement—Asreleased—AnnuallyduringPMvisit0NotincludedwiththisSupportAgreementLenelSystemDatabaseProtectionLenelsystembackupssafeguardyouraccesscontrolsystem’svitaldatabasesofsysteminformationfromunforeseenandcostlycatastrophicevents(lightningstrike,electricalpowersurge,flood,physicaldamage,etc.).Wewillback-upyoursystemdatabase,softwareandgraphicsaminimumofone(1)timeperyear,andprovidesafestorageofthiscriticalsystemInformation.Shouldacatastrophiceventoccur,wewillrespondonsitetoreloadthedatabasesandsystemfilesfromourstoredbackupcopyandtoensureproperoperationandperformance.RepaircostsandthecoststoreloadthedatabasesandsystemfilewillbeatthepreferredmateHaiandlaborratesstatedbelowIncludedwiththisSupportAgreement—AnnuallyduringPMvisitNotincludedwiththisSupportAgreementFunctionalSateryTestingUsingourtestingtools,wewillperformancetestyouraccesscontrolsystembatteries;batteryvoltageandchargelevelswillbechecked.Anybatteryincapableofmaintaininga65percentchargewillbenotedforimmediatereplacement.Additionally,anybatteriesknowntobeolderthanthreeC3)yearsoldwillbenotedforreplacementaspartofthemaintenanceagreement,Thisservicewillbedeliveredone(1)timeperyear,andyouwillbeprovidedwithdetailedanditemizeddocumentationofbatterytestsandreplacementrecommendationsforthissystemwithin15daysofcompletionofthemaintenancetesting.ServicedoesnotindudereplacementofbafteriesbutcanbeprovidedonaThMbasisifrequestedIncludedwiththisSupportAgreement—AnnuallyduringPMvisitCNotincludedwiththisSupportAgreement4)AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 95 of 194
.4FunctionalPerformanceTestingandMaintenanceUsingourtestingtools,wewillperformaninspectionoftheintegrityandfunctionalityoftheLenelsystemserverandsoftware.Thisserviceincludesareviewofthecommunication,database,andcredentialsfortheservertodetermineifconflictsorpotentialissuesaredevelopingthatmayInterruptthefunctionalityofthesystem.Thisservicewillbedeliveredannually,andyouwillbeprovidedwithdetaileddocumentationoftestsandmaintenanceperformedonthissystemwithin15daysofcompletionofthemaintenancetesting.Ifanyitemsarefoundtobedefectiveorinneedofrepair,arepairquotewillbeprovidedwiththeitemizedmaintenancereport.Pddngforthisoptionisbasedonthesizeoftheaxisifrigsystem(33doots).Theserviceagreementcanbeamendedtocoverfutureadditionstothesystempt/ortorenewaloftheserviceagreement.IncludedwiththisSupportAgreement—AnnuallyCNotIncludedwiththisSupportAgreementFlexHourSupportFlex-hourssupport,asyouneedit,whetheritisonlinesupportfromouroffice,orforanon-sitevisitfmmaservicetechnician.Prepayingforthesehoursallowsyoutobudgetforemergencycallsorspecialprojects,andspreadthepaymentsonyourterms.Wewillprovideanagreeduponnumberhoursofflex-hourssupportperyear.Basedonourknowledgeofyourfacilities,wehaveincluded20flexhoursperyearforservicebyATSpersonnel.Ifmorehoursareneededforserviceresponse,thesehourswillbebilledatdiscountedserviceagreementrateslistedonthefollowingpages.IIlessthan20hoursareused,theleft-overflexhourscanbeusedasdesiredsforanyofthesystemscoveredwithinthissupportagreement.Thesehourscanbeusedduringthenormalworkdayasneededformanydifferentusessuchas:•Systemupgrades•Graphicschanges(ifapplicable)•As-builtdocumentationofchangesmadetothefacilitysystems•Repairsnotalreadycoveredbywarranty•Training•Rolled-overtonextyear•Or,creditbackonun-usedhoursIncludedwiththisSupportAgreement—Twenty(20)hoursperyearCNotincludedwiththis5uppoftAgreementATSAlaskaCustomerSuonortServicesTroubleshootingandDiagnosticsAssistance(nomialworkinghow’s)WewillprovideNm/tedtroubleshootinganddiagnosticsassistanceviatelephoneduringnormalworkinghours(8AM—5PM,M-F).WewillworkwithyourstafftodiagnoseandtrytofixtheproblemoverthephoneorataminimumscopetheproblemdowntoaspecificitemorgroupoffItems.ThisservicedoesnotIncludeafter-hourssupport;forafterhoursupportpleaseseetheEmergencyResponseSen’fcessectionbelow.IncludedwiththisSupportAgreement—LimitedServicesUNotincludedwiththisSupportAgreement{s)AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 96 of 194
S.On-lineEmergencyResponseToquicklyrespondtoemergencyservicerequestsandtoreducethecostsanddisruptionsofdowntimewewillusethetelephoneasourfirstactiontoarequestforemergencyresponse.YousimplyneedtocontactATSAlaskathroughourmainline(907-868-5100)andsupplythenecessaryinformationaboutyourIssue.PriorityEmergencyOn-lineResponseTimeThisservicesupportagreementwillprovidePriorityEmergencyOn-Linemcponsewithin2businesshours;24hoursaday,sevendaysaweek.Note:Ourfirstactiontoarequestforemergencyresponsewillbetoattempttoresolvethesituationon-fine.Theremaybeaone(1)hourminimumchargedforeachon-fineseMce.Iron-finediagnosisdeterminesasitevisitisrequiredtocompletetroubleshoobigandproblemresolutionpmcedures,wewillbeon-sitebasedonthelevelofEmegenc,OnsiteResponseselected(describedbelow).EmergencyOn-siteResponseTimeAspartofthisservicesupportagreementATSAlaskawillprovideguaranteedon-siteresponsewithintwobusinessdaafterreceiptofanEmergencyResponserequest.Thisguaranteeissubjecttoweatherandflight/travelavailability.EmergencyResponseServiceslistedaboveguaranteeATS’responsetimetoanemergencysituationonlyTheuseofon-lineand/oron-siteemergencyserviceisnotincludedinthescopeofthiscontractandwillbebilledattheapplicabletime&materialrates.Thelaborandmaterialratesfor2017arelistedbelow.Pricesaresubjecttochange.GeneralATSCustomerServicesrAccountManager-AdedicatedAccountManagerwillberesponsibleforyourtotalservicesatisfaction,YourAccountManagerwillprovidethedesignatedservices,monitorequipmentperformance,trackequipmentservicehistory,andconsultwithyoutomeetyourobjectives.DedicatedServiceTeam-OurServiceTeamknowsLenelAccessControlsystemsandassociatedequipment.Allourservicetechniciansarefactorytrainedonthisequipment,andarespecialistsinmaintainingandtroubleshootingyoursystem.Documentation-Allservicevisitswillbedocumentedbyaworkorderdetailingtheserviceperformed,materialsused,andhoursspent.SystemandServiceLog-ATSwillprovideyouwithalogfordocumentationofconcerns,systemproblems,andotherrelatedItemsrequiringourattention,Eachscheduledservicevisitshallbeginwithareviewofthelog.PriceAdvantage-DiscountedLaborandMaterial-AsSupportAgreementcustomer;youwillreceiveadiscountoffthenormallaborandmaterialpricesforworkperformedonyourcoveredsystems.Youwillreceiveapproximatelya17percentdiscountonlaborandanadditional10percentdiscountonmaterial.SeetheattachedLaborRatesheet.{6}AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 97 of 194
$uønprtPlanPricingSummary:IWehaveIncludedthefollowingCustomServicePlanFeaturesInthisagreementasdetailedintheprevioussection:•LenelSystemsAccesscontrolSoftwareMaintenance•EmergencyResponseServicesPricingforthesefeaturesisprovidedbasedonaS-yearcontract.TheInItialcontractyearwillstartAugust1,2018,andwillbeinvoicedsemi-annually,August1andFebruary1.Bysigningbelow,youareindicatingyourIntenttorenewthisServiceAgreementateachanniversarydatewithoutrenegotiatingthescopeandpricing.Yoursignaturedoesnotlockyouror9anlzatlonIntoacontractualagreementforthe5-yearterm.AsIndicatedinSection1.3ofthe“TermsandConditions”eitherpartyhastherighttoterminatethisagreementwiththirty(30)dayswrittennotice.TheadvantagestoyourorganizationarethatAThextendsafixedcontractpriceforthetermofthecontract(1+4option)andthepricingforthisagreementIsstatedinadvancewhichmakestheannualbudgetingprocesseasier.TheadvantagetoATSIsthatweunderstandthatyouarealong-termcustomer,whichlowersouroperationalandadministrativecosts.Year1:$7,688;Semi-annuallyat$3,844Year2:$7,688;Semi-annuallyat$3,844Year3:$7,688;Semi-annuallyat$3,844J73Year4:$8,092;Semi-annuallyat$4,046t’AYearS:$8,092;Semi-annuallyat$4,0469ATSbelievesthatthisproposalIncludesthebestInterestsofKodiakislandBomugltPleasefeelfreetocontactmeIfyouhaveanychanges.Ifaccepted,signanddatebelowandreturntoATSwithpurchaseorderInformation.ConnclarATSAlaska,IncC4JslOflietBy(Aito.ted—ConncioflDaleBy5’)baaP,flNanePdolNameGarmllProkSalesEngkiaerTire4çoqbSPlAINTçq7ko1(c3cL3oç’.-,o‘I—tb-‘———\CDi41.Icl-II/($C/;;55t;tçI.AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 98 of 194
TimeandMaterialLaborRatesRatesasofJanuary2018LifeSafety/Security/AudioTechnician-StandardRates$145perhourstraighttime$170perhourpremiumtime$195perhourholidaytimeLifeSafety!Security/AudioTechnician-TechnicalServiceAgreementRates$115perhourstraighttime$153perhourpremiumtime$171perhourholidaytimeProjectManagement-StandardRates$145perhourMinimumi.aborCharge:1-hourEmergencyAfter-HoursCall:2-hourminimumlaborchargeOnijne/PhoneResponseTime:oServiceAgreementCustomers:Wewillrespondwithin2hourseitherbyphoneoronline.oNon-serviceAgreementCustomers:Bytheendofthenextbusinessday.Traveltimeischargedatapplicablerate.Mileageorvehiclecostsarepartofhourlyrateandarenotchargedasextra.StraighttimehoursareRam-Spm,non-holiday,weekdays.PremiumtimehoursareSpm-Bam,non-holidays.Ratesaresubjecttochange.{s}AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 99 of 194
ATSAlaska,Inc.TERMSANDCONDITIONSArticle1:General1.1a)TheGSAAgreement,whenacceptedinwiltingbytheCustomerandapprovedbyanauthorizedrepresentativeofAl’Sshallconstitutetheentire,completeandexclusiveagreementbetweenthepartiesrelatingtoatechnicalsupportprogram(‘Services”)(ortheequipmentandsoftwareidentifiedintheListciEquipmentortheServiceCoverageReportattachedtotheGSAAgreement(“Equlpmenr)andshallsupersedeandcancelallprioragreementsandunderstandings,wiittenororal,relatinglathesubjectmatteroftheCSAAgreemenLTheCSAAeementandanyrightsorobligationsthereundermaynotbeassignedbyeitherpartywithouttheadvancewrittenconsentoftheother.(b)ThetermsandcondWonsofthisGSAAgeaneritshallmtbemoelfiedorrescindedexceptInwriting,sedbyacorporateofficeroFATS.ATS’spalonnanceunderthisGSAAgaementIsexpresslyconditIonedonCustomer’sassentingtoallofthetermsofthisGSAAgreement.rttwiilflndinganydifferentoradditionaltentscontainedInanywritingatanytimesubmittedortobesubmittedtoATSbyCustomerrelatingtoUtsubjectmailer.c)Thetentsandconditionssetlathhereinshallsupersede,governandcontrolanyconflictingtermsoftheProposedSolutionortheProposal.1.2ThisGSAAgreementshallautomaticalyrenewforsuccessiveone(1)yearperiodsbegirwiingontheanniveisaiydateoftheorinallennassetforthintheProposal.csilessstatedotherwiseintheCSAAgreement1.3EitherpartymayterminateoramendthisCSAAgreementbygivingtheotherpartyatleastthirty(30)dayspriorwTittennoticeofsurtiamendmentsorIntenttotemgnate.1.4ThIsGSAAgreementshallbegovernedbyandenforcedinaccordancewiththelawsoftheStateofWashington.1.5Customerwillatatt*nesde&gnateacentactpersonwithauthoritytomakedecisionsforCustomerregardingtheServices.Customerwillpm’sideATSwithinformationsL%ficlenttoaxitactsuchpersonInanemergency.Ifsuchrepresentativecannotbereached,anyreqtstForSeMcereceivedFromapersonlocatedatCustomer’sprenseswillbedeemedeulM&edbyCustomer,andAThwi],Initsdiscretion,acty.1.6ATSvAtibepermittedtocoribalan&oroperateaflEqpmentnecessarytoperformtheServices.Article2:EquipmentTesting,InspectionandMaintenance2.1TheCustomerrepresentsthatallEquipmentisInsatisfactoryworWrgcondwon.Bythebberofthefirstthirty(30)daysoftNsCSAAgreementorthefirstscheduledinspection.ATSwlhaveinspectedalltheEqt4rnent.2.2IftheProposedSolutionprovidesformaintenance,anyrepairsandreplacementsoFEquipmentarelimitedtorestoringtheproperwo&kigconditionofsuchEquipmentATSwitnotbeobligatedtoprovidereplacementEquipmentthatrepresentssigrillicantcapitalImprovementcomparedtotheoriginal.ExchangedcomponentsbecomethepropertyoFATS.Aflicie3:Charges,Feesandinvoices3.1PaymentstobemadeunderthIsGSAAgreementwillprovidefor,andbeInconsiderationof,onlyServicesspecificallyincludedundertheProposedSolution.AllotherServices,includingbutnotlimitedtotheFollowing,shallbeseparatelybilledorsurchargedonatimeandmaterialsbasis:(a)emergencyServicesperformedatCustomer’srequest,IfInspectiondoesnotrevealanydeficiencycoveredbythisGSAAgreement;(b)ServicesperformedotherthanduringATS’snormalworkinghours;and(c)ServiceperformedonequipmentnotcoveredbythisGSAAgreement3.2InvoIcesaredueuponreceiptorotherwiseasmaybesetforththerein,Iianypaymentisnotreceivedwhendue,ATSmaydeemCustomertobeInbreathhereofandmayenforceanyremediesavailabletoithereunderoratlaw,inck,dlngwithoutlimitationsuspensionorlerminationofServicesandaccelerationofpayments.Ankle4:AllocationofRisk4,1(a)UntiloneyearfromeitherthedatehereoforthedatetheEqu%rmentIsInstalled,whIcheverfirstoctun,allequipmentmanufacturedbyAl’SorbearinglbnameplatewillbefreehumdefectsInmaterialandworkmanshiparisingfromnormaluseandservice.(b)LaborforallServicesunderthisGSAAgreementIswarranted(cr90daysaftertheworkIsperformed.4.2ThelimitedwarrantiessetforthInSection4.1willbevoIdasto,andshallnotapplyto,anyEquipment(I)repaired.atteredorImproperlyinstalledbyanypersonotherthanATSorItsauthorizedrepresentative;Ql)subjectedtounreasonabieorImproperuseorstorage,usedbeyondratedconditions,operatedotherthanperATS’sorthemanufacbnr’sInshictions,orotherwisesu*cledtobnpmpermaintenance,negigenceoraccident(iii)damagedbecauseofanyuseoftheEquipmentafterCustomerhas,orshaukihave.knowledgeofanydefectIntheEquipmentor(iv)notmanufactured,fabricatedandassembledbyATSornotbearingATS’snameplate.4,3ATSwillindemnifyCustomerfromandagainsttosses,claims,expensesanddamagesQndudrgreasonableattorneyslees)forpersonalfrjuiyorphysicaldamagetoproperly,butnotlossofuseoFthepropertyresultingfromsuchdamageorfromdamagetoanyworkperformedhereunder.SuchindemnlficatonshatlbesolelytotheextentcausedbyorarisingdirectlyhamATS’soritsemployees’,ccnsr4tanLs’oragents’negllgentactsoromissionsorwNihjlmisconductInconnectionwithilsperformanceofServiceshereunder,ATS’sobligationsunderthisIndemnityprovisionshallnotextendtoclaims,tosses,expensesanddamagesarisingoutoforInanywayattributabletothenegligenceofCustomeroritsagents,consultantsoremployeesotherthanATS.AnkleS:CustomerResponsthliftIn5.1CustomerwilloperateandmaintainallEquipmentInaccordancewithapplicablemanufacturer’sspecifications,IncludingthosesetforthInthemanufacturer’soperatingmanualsorinstructions,aswellasallrequfrernentsorapplicablelaworofautitritieshavingjurisdiction.5.2CustomerwilpromptlynotifyATSofanyunusualoperatingconditions,systemmalfunctionsorbuildingchangesthatmayaffecttheEquipmentoranyServices.5.3CustomerwillprovideATSwithreasonablemeansofaccesstotheEquipmentandshallmakeanynecessaryprtrvi&onstoreachtheEquipmentandperieraidevices.Cusiomerwillbesolelyresponsiblefaanyremoval,replacementorrerjisNngofthebuildingsbucioreorfirishesthatmayberequiredtogainaccesstosuchEquipment.ArtIcleS:LimitalionsofMaintenanceorSen’keObligations6.1ATSwillnotberesponsibleforthemaintenance,repairorreptacenientof,orServicesnecessitatedbyreasonof:(a)non-maintainable,non-replaceable,orobsoletepadsoftheEquipmentinckxtingbutnotlimitedtoductwork,shellandtubes,healexchangers,thIs,witcabinets,casings,refractorymaterial,elecfricalwir%,g,waterandpnasmaticpiping.sthflsalsupports,coolingtowerf,slatsandbasins,etc.unlessotherwisespecificallystatedherein;or(b)negligence,abuse,misuse,Improperorinadequaterepairsormodifications,Improperoperation,lathofoperatormaintenanceorskill,failuretocomplywithmanulackser’soperatingandenvironmentalrequirements.ActsofGod,orotherreasonsbeyondItscontrol.ATSasstmlesnoresponsibilItyforanyserviceperformedonanyEquipmentotherthanbyATSorItsagents.6.2Al’SshaiinotberesponsibleForloss,delay,InjuryordamagethatmaybecausedbydrwmstancesbeyondItsconkol,IncludingbutnotrestrictedtoactsoromissionsbyCustomerorItsemployeesoragents,ActsofGod,war,civilcommotion,actscigovernment,fire,theft,corrosion,flood,waterdamage,Ilghbuing,freeze-ups.sbiles,lockouts,differenceswithworkmen,riots,explosions,fuel,laborormaterials,6,3ATSIsnotresponsibleforrepairs,replacementsorservicestoEquipmentduetocorrosion.erosion,knpmperorInadequatewaterflabnentbyothers,electrolyticaction,chemicalactionorotherreasonsbeyondItsreasonablecontrol.ThefollowingtermsandconditionsareattachedtoandformanintegralpadofATSAlaska,Inc.’s(referredtohereinas‘PiTS’)CustomerSupportAgreementPmposal(‘Pmposar).TheportionsofsuchProposalrelatingto“ScopeofWork’orany?mposedSolution”(Ineithercase,referredtohereinasthe‘ProposedSolution’),togetherwiththesetermsandconditions,arecoiledtivelyreferredtoasthe“CSAAgreement’.6.4ATSshallnotberesponsiblefortheremovalorreinstallationofreplacementvalves,dampers,waterftwandtamperswitchesrequiredfrompipesandductworkIncludinganyventingordrainingsystems.9)AGENDA ITEM #14.A.2.Contract No. FY2023-50 Authorizing The Manager To Execute Contract With ...Page 100 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single
Family Residential District To B-Business District
ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director
RECOMMENDATION:
Move to advance Ordinance No. FY2024-03 to public hearing at the next regular meeting of the
Assembly.
DISCUSSION:
At the Planning and Zoning Commission regular meeting on April 19, 2023, the Commission
voted to deny the applicant this rezone and not bring it forward to the Assembly. However, the
applicant has asked that the Assembly hear this case and rezone 110 Bancroft from R1-
Residential Single Family District to B-Business District despite the Commissions decision.
Included in your packet are all the files supplied to the P & Z Commission- the Rezone
application, the applicants notification letter, the public hearing notices and mailing list that went
out, the public hearing notice that the applicant posted, 4 public hearing responses from the
public, the staff report, the denial letter with findings of fact and the April minutes from the
meeting.
Additionally, the applicant asserts that the Commission failed to take some important
information into consideration. The list of potential reasons for adopting the rezone from the
applicant, a supplemental staff report and the ordinance, if the Assembly approves the rezone,
are also included in your packet.
History:
• In 2017 the applicant applied for this same rezone. It was approved by the P&Z
Commission but denied by the Assembly.
• In 2019, the applicant again applied for the same rezone. It was denied by the P&Z
Commission and did not go before the Assembly.
• At the site inspection for this case, staff noticed the use for the property did not appear
to be in zoning compliance for the current R1 zone and issued a Zoning Compliance
notification letter on April 23, 2023 after the Commission denied the rezone. A copy of
that letter is included in your packet.
Staff believes that the Commission's recommendation for denying the rezone are
valid and asks that the Assembly to postpone this request indefinitely or deny
the applicant and provide additional findings of facts if they believe the
Commissions are not sufficient.
If the Assembly hears this case and decides to approve the rezone, findings of
facts for the approval will need to be provided at the public hearing.
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 101 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 102 of 194
Ordinance No. FY2024-03 Page 1 of 3
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2024-03 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4
26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-5
BUSINESS DISTRICT 6
7
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 8
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 9
Statutes; and 10
11
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 12
Comprehensive Plan update on December 6, 2007, (Ordinance No. FY2008-10) to replace the 13
1968 Comprehensive Plan; and 14
15
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 16
AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 17
18
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 19
general welfare, or good zoning practice requires, the assembly may, by ordinance and after report 20
thereon by the commission and public hearing as required by law, amend, supplement, modify, 21
repeal or otherwise change these regulations and the boundaries of the districts”; and 22
23
WHEREAS, the property owner applied for a rezone of this property from R- 1 Single-family 24
Residential to B - Business District on February 18, 2023; and 25
26
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 27
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request 28
on April 19, 2023, in Case 23-015; and 29
30
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 31
that the site be not rezoned from R1-Single-family Residential to B - Business District finding that 32
the public necessity, convenience, general welfare, and good zoning practice would not be 33
enhanced by such action; and 34
35
WHEREAS, the applicant filed a timely appeal under Kodiak Island Borough Code 17.205.055(B) 36
within 20 days of the Planning and Zoning Commission recommendation of denial requesting that 37
the Assembly consider the rezone request despite the Planning and Zoning Commission 38
Recommendation; and 39
40
WHEREAS, after reviewing the facts and circumstances, the testimony, and the arguments 41
advanced by the applicant, staff, and interested persons, the Kodiak Island Borough Assembly 42
finds, pursuant to Kodiak Island Borough Code 17.205.060, that the public necessity, 43
convenience, general welfare, and good zoning practices support approval of the rezone request; 44
and 45
46
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 103 of 194
Ordinance No. FY2024-03 Page 2 of 3
WHEREAS, Kodiak Island Borough Code 17.205.075(A) calls for an ordinance approving a 47
rezoning such as this, which is not consistent with the assigned Comprehensive Plan Future Land 48
Use Designations, to include a change to the Comprehensive Plan Future Land Use Designation 49
that is consistent with the new zoning; and 50
51
WHEREAS, Kodiak Island Borough Code 17.205.075(C) calls for a rezoning ordinance to include 52
a section which specifies the newly assigned Comprehensive Plan Future Land Use Designation 53
of the rezoned parcel or parcels. 54
55
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 56
BOROUGH that: 57
58
Section 1: This ordinance is of a permanent nature, but is NOT of a general nature, and shall 59
NOT become a part of the Kodiak Island Borough Code of Ordinances. 60
61
Section 2: By this ordinance, LOT 26A, U.S. SURVEY 3098, commonly known as 110 Bancroft 62
Drive, a diagram of which is depicted in Exhibit A appended to this ordinance and 63
incorporated herein by reference, is hereby rezoned from R1-Single-family 64
Residential to B- Business District in the Official Zoning Map of Kodiak Island Borough 65
(see attached diagram showing the parcels to be rezoned). 66
67
Section 3: The Official Zoning Map of the Kodiak Island Borough shall be amended to indicate 68
the change of zone set forth in Section 2 of this ordinance. The Director of Community 69
Development shall cause the Zoning Map to be amended consistent with this 70
ordinance. 71
72
Section 4: By this ordinance, LOT 26A, U.S. SURVEY 3098, commonly known as 110 Bancroft 73
Drive, a diagram of which is depicted in Exhibit B appended to this ordinance and 74
incorporated herein by reference, is hereby rezoned from Residential (R) to 75
Commercial (B) in the Official Future Land Use Map of the Kodiak Island Borough 76
Comprehensive Plan 2008 (see attached diagram showing the parcels to be 77
rezoned). 78
79
Section 5. The Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 80
2008 shall be amended to indicate the change of zone set forth in Section 4 of this 81
ordinance. The Director of Community Development shall cause the Official Future 82
Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 to be 83
amended consistent with section 4 of this ordinance. 84
85
Section 6. By this ordinance, the Borough Assembly adopts the following findings of fact in 86
support of their approval of this rezone: 87
88
(Note: This will be filled in accordingly depending on the vote taken by the Assembly.) 89
1. 90
AGENDA ITEM #14.C.1.
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Ordinance No. FY2024-03 Page 3 of 3
91
2. 92
93
3. 94
95
4. 96
97
98
Effective Date: This ordinance shall become effective in accordance with KIBC 1.10.040. 99
100
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 101
THIS _____ DAY OF_________________, 2023. 102
103
KODIAK ISLAND BOROUGH 104
105
ATTEST: 106
___________________________ 107
Scott Arndt, Borough Mayor ______________________________ 108
Nova M. Javier, MMC, Borough Clerk 109
Introduced by: Manager 110
First reading: 111
Second reading/public hearing: 112
113
VOTES: 114
Ayes: 115
Noes: 116
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 105 of 194
Case No. 23-015 Supplemental Staff Report and Recommendation
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT
DEPARTMENT
SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
REOPRT DATE: June 9, 2023
TO: KIB Assembly
FROM: Community Development Department Interim Director
CASE NO: 23-015
REQUEST: A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential
District to B-Business District.
RECCOMENDATION: Staff recommends the Assembly deny this request.
KIBC 17.205.040 Hearing and notice on rezones.
The commission shall hold a public hearing on each properly submitted application for a rezone
within 90 days after the date of the next available meeting agenda deadline. The community
development department shall give notice of the hearing as required in the same manner
prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983.
Formerly §17.72.040]. At the Planning & Zoning regular meeting on April 19, 2023, the
Commission denied this request.
APPLICANT: James Cole
AGENT: (none)
LOCATION: 110 Bancroft Drive, Kodiak AK. 99615
LEGAL DSC: USS 3098, Lt 26A Mill Bay Road
ZONING: R1-Single Family Residential District
STAFF ANALYSIS
As pointed out in my staff report to the Commission in Case 23-015, this rezone request has been
denied three times now…. Once in 2017, by the assembly following Commission approval, in
2019 by the Commission and now in 2023 by the Commission again.
Staff believes that the report in your packet does stand on its own merit.
On Page 1 of the applicant’s letter, in line 2: the applicant states “My attempts to use my property
and bring it into normal compliance..." The fact that the property is currently out of zoning
compliance, outdoor storage in R1 zone, results directly from the action of the property owner,
AGENDA ITEM #14.C.1.
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Case No. 23-015 Supplemental Staff Report and Recommendation
despite his request to rezone to Business having been denied previously. Rezones are not
intended to cure zoning violations on individual properties.
In the section titled Support for Rezone in the 2008 Comprehensive Plan:
While the passages quoted here are accurate, they are selectively misleading. The goal of the
2008 Comprehensive Plan to "regulate and manage land uses to balance the rights of private
property owners with community values and objectives" does not apply only to private property
owners seeking a rezone. It recognizes that there is a balance that must be achieved between
rezone applicants and neighboring property owners alike.
The previous rezone requests of this property were denied largely because of protests registered
and objections expressed by neighbors living nearby. In fact, one of the implementation actions
listed in pursuit of that goal is "Evaluate potential conflicts with adjacent land uses, particularly
residential uses and sensitive natural resources." (Page 28 Comprehensive Plan). In addressing
Future Land Uses, the 2008 Plan states "In the Kodiak urban area, the future land use map
assumes a continuation of land use zoning and trends..." (Page 11 Comprehensive plan), and
the Future Land Use Map shows all existing R1 zoned properties bordering on Bancroft Street,
including the subject property, remaining Urban Residential. (Figure 4.2 Comprehensive Plan).
In the section titled Support for Rezone in the 2020 Mill Bay Rd Corridor Study:
The selectivity of the passages quoted does disservice to the overall intent of the Study. A
balanced presentation would point out that the Study emphasizes "...a near and long-term need
to increase housing..." (Page 4 Mill Bay Study) as well as commercial services and recreational
assets. The existing residential properties fronting on Bancroft Street are acknowledged to be "...
a distinct residential neighborhood enclave" (Page 12 and 36 Mill Bay Study), to be preserved in
the interest of the mixed-use vision.
The Future Land Use Map accompanying the study identifies the subject property (Lot 26A) as
Urban Residential, just as the Future use Comprehensive Plan does. (Figure 2.1.2 Mill Bay
Study).
The Mill Bay Road Corridor Study was funded by an EPA Brownfield Community-Wide
Assessment (CWA) Grant "to inventory, prioritize, assess, and plan the cleanup/reuse of
hazardous substances and petroleum brownfield sites throughout the KIB." (Page 6) A rezone
of either an individual property or an expanded area designated in the Study might warrant, at a
minimum, on-site soil testing to determine if contaminants or pollutants exist. Even though the Mill
Bay Corridor Study supports no rezone to occur, I would like to point out that the Assembly never
formally adopted the study as an element of the Comp plan.
In the section titled Support for this Rezone Through Recent Precedent:
Each of the properties listed here as precedents have different circumstances and unique
characteristics. It can be misleading to ignore that in suggesting that they are all relevant
examples supporting this rezone request when the most pertinent and compelling precedent for
this rezone request is the one conveniently not included on the list. Which is the rezone request
for this property from R-1 to Business from 2017 and 2019 which has been previously denied,
again, not once, but twice…first by the Assembly, and secondly by the Planning and Zoning
Commission.
AGENDA ITEM #14.C.1.
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Case No. 23-015 Supplemental Staff Report and Recommendation
The reference to the property at 3523 Rezanof Drive, which attributes ownership affiliation to the
mayor, is silly. However, since CDD code enforcement is complaint driven, CDD would be more
than happy to investigate the accusation by the applicant if the manager and the Assembly wish.
In the section titled Failure of the Kodiak Island Borough to Provide Professional Planning
Services:
Whether or not CDD is currently staffed by planners with professional planning experience, the
comment to the effect that "...this casts doubt on whether applicants are able to get a fair chance
at these public processes..." is nonsense. This statement assumes that decision makers at two
levels--the Planning and Zoning Commission and the Assembly--are incapable of independent
thought and making informed decisions. And implies that it is departmental staff who make these
decisions. To demean and belittle the work existing staff has performed in a challenging time of
personnel shortage, regardless of formal education or professional experience, is simply mean-
spirited.
To the comments: "...Copied and pasted from old documents..." This does not necessarily imply
that a point being made is wrong or its logic suspect. In fact, there are quite a few examples of
this technique within the applicant’s own request letter before you.
To follow that with the comment "...without reading them, or perhaps do not understand how to
use and implement a comprehensive plan..." I believe staff has shown the Assembly in this report,
that we do have an understanding of the Comp plan, but that we interpret it differently than both
the applicant and Daniel McKenna-Foster, a former KIB planner, who wrote this request letter for
the applicant.
Regarding the comment about "spot zoning," the letter writer Omitted from the letter was the
definition of "spot zoning" quoted in the original staff report from the referenced source ("The
Latest Illustrated Book of Development Definitions"), which reads “Rezoning of a lot or parcel to
benefit an owner for a use that is incompatible with surrounding land and that does not further the
comprehensive zoning plan.” As was pointed out in the original staff report to the Commission,
adjacent Bancroft Drive, is an unimproved, marginally maintained gravel road which serves 11
houses in a residential subdivision. Incremental single lot rezones of residential properties to B-
Business justified by adjacency (adjacent see) to a property previously rezoned in the same
manner on the same justification invites a kind of land use change creep that is in conflict with the
Comprehensive Plan and often frustrates the intent of sound planning practice to provide
consistency and assurance that residential neighborhood character will be preserved, and the
property owners’ investments protected.
Another, more detailed, definition (from "A Planners Dictionary" (American Planning Association):
Spot Zoning: A change in district boundaries, variances, and other amendments to the zoning
code and use and area maps that violate sound principles of zoning and are characterized by the
following: (a) Individuals seek to have property rezoned for their private use. (b) Usually, the
amount of land involved is small and limited to one or two ownerships. (c) The proposed rezoning
would give privileges not generally extended to property similarly located in the area. (d)
Applications usually show little or no evidence of, or interest in, consideration of the general
welfare of the public, the effect on surrounding property (including adequate buffers), whether all
uses permitted in the classification sought are appropriate in the locations proposed, or conformity
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 108 of 194
Case No. 23-015 Supplemental Staff Report and Recommendation
to the comprehensive plan, or to comprehensive planning principles (including alterations to the
population density patterns and increase of load on utilities, schools, and traffic.)
Additionally, a rezone to Business should include evaluation whether the property can
satisfactorily meet not only the parking area development standards for nonresidential uses of
KIBC 17.175.080 addressing vehicular circulation, storage, parking areas, aisles, turning and
maneuvering areas, driveways, points of ingress and egress, and separation from right-of-way
intersections, but also the general requirements of 15.35.040 addressing drive access and grade.
CONCLUSION
Staff believes that the P&Z Commission decision is correct, and the rezone should be denied.
RECOMMENDATION
Staff is recommending that the Assembly fail the rezone request. The fact that this same rezone
application has been denied twice previously, has some significance. Circumstances have not
changed. This property still stands at the gateway providing unimproved cul-de-sac road access
to a residential enclave consisting of 11 houses, 4 of which are adjacent to a nearby elementary
school.
RECOMMENDED MOTION
Move to deny the rezoning of Lot 26A USS 3098 from RR1-Single Family Residential to
B - Business Zoning District and adopt the findings of fact listed in the staff report dated
June 9, 2023.
Findings of Fact:
1. Although the subject parcel is adjacent to one property zoned B-Business, it is also
adjacent to properties zoned R1-Single-Family residential. Accordingly, the rezone would
not enhance public necessity, convenience, general welfare or good zoning practices.
2. The rezone would not implement enough objectives of the adopted
Comprehensive Plan to overcome the noted inconsistency with the assigned Residential
Comprehensive Plan Future Land Use Designation.
3. The rezone would not maximize compatibility of adjacent land uses or minimize
conflicts through zoning, buffering, design standards and other means.
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 109 of 194
Project Overview and Goals
Kodiak's Mill Bay Road Corridor (the "Corridor")
is emerging as the community's new
commercial, employment and community
services hub as local businesses and public
agencies are transitioning outside the Tsunami
Hazard zone near downtown and the harbor
front. The Corridor grew as an eclectic group
of land uses including commercial, industrial,
residential and public services. Fortunately
for the community, there are multiple private
investment and public capital projects in
the planning stages . Though the Corridor
is revitalizing, it has several vacancies and
underutilized properties, and several sites
are blighted and in disrepair. To ensure
revitalization occurs in a coordinated manner, a
comprehensive redevelopment strategy would
better position the Corridor to evolve into an
attractive, interconnected and economically
vibrant district that would serve the larger
community and seasonal visitors. The Corridor
extends through portions of the City of Kodiak
and unincorporated areas of Kodiak Island
Borough (Borough or KIB) over which the
Borough has land use, zoning and development
permitting authority for most areas on the
Island (including the properties in the City of
Kodiak).
Many of the properties contain or once
supported industrial land uses and have the
potential to possess environmental liabilities
including hazardous materials in older
structures, contaminated soil, and debris
(e.g ., abandoned vehicles, discarded building
materials and the like). Other properties are
abandoned or underdeveloped but present
opportunities for redevelopment and new
uses. At the same time, the Kodiak urban area
continues to see population growth and there is
a near and long-term need to increase housi9'1,..
commercial services, and recreational assets in
the community.
The Borough saw an opportunity to complete an
area-wide planning (AWP) process to identify a
community vision for the Corridor and to define
strategies to transform its underutilized and
blighted properties for new community-serving
uses for both residents and visitors. This study
identifies the existing conditions, redevelopment
opportunities, and implementation strategies
for the Mill Bay Road Corridor. Early in the
process, the Borough formed a project team
that included Borough staff and a consultant
team Stantec Consulting Services, Inc. (Stantec)
and Agnew::Beck. Through a formal planning
process, the project team devised a strategy
to improve community conditions within the
Corridor in two defined AWP focus areas.
■ MIii Bay Road Corridor I Area-Wide Planning Study
Executive Summary
Mill Bay Road Corridor -The Mill Bay
Road Focus Area includes the properties
in a 1.3-mile segment of the Mi l l Bay Road
extending from Birch Street to Von Scheele
Way. The focus area includes the properties
along the Mill Bay Road frontage; some
areas extend back two blocks into the
surrounding neighborhoods. T he future
vision is to create a mixed-use corridor with
attractive properties, new infill development
on underutilized properties, adaptive reuse
of existing structures, and minor projects to
enhance pedestrian/bicyclist mobility.
• Safeway Area -The Safeway Focus Area
includes the existing shopping center and
surrounding properties north of Von Scheele
Way. This includes the Safeway shopping
center itself, the adjacent commercial lands,
and the employment/industrial properties
to the far northwest. The redevelopment
vision is to create a signature commercial
destination in and around the Safeway
shopping center, and to attract additional
employment uses along Selief Lane. The
community will realize its vision through
adaptive reuse of existing buildings, context-
sensitive infill development, and modest
transportation enhancements . AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 110 of 194
Framework Plan Themes
~
THEME A:
Create Activity Nodes / Mixed-
Use Corridor
The Framework Plan designates three individual
activity nodes at each end of the Mill Bay Road
Corridor. The idea is to focus redevelopment
efforts at these strategic locations to create
centers of business activity and community
gathering. This will create a critical mass
of investment and community activity that
will enhance the likelihood of reinvestment
spreading outward in later years to other
properties in the focus areas, and in the long
term resulting in a continuous mixed-use
Corridor. Each activity node will include a
specific land use focus and role within the larger
community.
• Commerce Activity Node -This activity
node includes the existing shopping
center, commercial outparcels and office
development along Mill Bay Road at Von
Scheele Way . Specifically, the node includes
the existing Safeway store, Walmart store,
and Alaska State Troopers offices. The node
is a significant commercial destination
for groceries, household supplies, and
business services. The node has several
large parcels that could be redeveloped to
provide additional commercial services . As
redevelopment occurs in the Commerce
Activity Node, the Borough should promote
interconnectivity amongst parcels, ensure
new building styles complement existing
structures, and ensure future land uses
create a strong commercial/shopping
destination.
• Employment Activity Node -This
employment-based activity node includes
the collection of existing industrial/
warehouse uses that are clustered around
Selief Lane. This node also includes Dark
Lake Field, a regional park and recreational
destination. The node has underutilized
properties that have the capacity to support
additional private development and create
income-generating businesses. To support
redevelopment and investment in the
Employment Activity Node, the Borough
should ensure the zoning allows industrial
and manufacturing uses, increase public
amenities in Dark Lake Park, ensure
utilities can service future uses, and recruit
employment-generating businesses .
• Civic Activity Node -This civic-based
activity node includes Main Elementary,
Coon Field, and several mixed-use
properties at the western end of the
Corridor. This area of the Corridor includes
■ MIii Bay Road Corridor I Area-Wide Planning Study
Executive Summary
a cluster of educational and recreational
properties that experience continuous public
activity throughout the year and extending
into the late evening. Several of the
properties are underutilized and can support
additional development for civic uses
and complementary commercial use. To
support redevelopment in the Civic Activity
Node, the Borough should partner with the
schools and the National Guard to identify
long-term growth plans, provide supporting
infrastructure (mobility), identify future civic
uses/amenities, and ensure the zoning
allows for the intended future uses.
• Mixed-use Corridor -The portions of Mill
Bay Road between the Commerce and Civic
Activity nodes have a variety of land uses
and several underutilized properties that
could be redeveloped over time to achieve
a vibrant, mixed-use corridor. Most of the
developed properties in the Corridor are
commercial or light industrial businesses,
whereas, there are four distinct residential
neighboshood enclaves. The Kodiak Police
Department, the Kodiak Public Works, and
the Kodiak Area Native Associate health
clinic are also within the Corridor. The
Corridor has redevelopment capacity to
support additional businesses, housing,
and commercial services. Additionally, the
Corridor has the potential to emerge as the
community's primary commercial hub for
residents and visitors. AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 111 of 194
2.1 -Community Context
The Mill Bay Road Corridor is located central
to Kodiak Island's urban area that spans the
eastern portions of the City of Kodiak and small
enclaves of the unincorporated Borough . The
AWP process was focused on two specific
focus areas within the Corridor: (7) Mill Bay
Road from Birth Street to Von Scheele Way and
(2) the Safeway Area northeast of Von Scheele
to Island Lake Road . The AWP process included
consideration of the Corridor within the context
of overall community, to better capitalize on
existing assets and community destinations.
Today, the Corridor contains an eclectic group
of businesses and land uses (which include
commercial, industrial, residential, and public
service). The predominant development
character within the Corridor is a highway
commercial land use pattern with many stand-
alone buildings set back from the public right-
of-way with surface parking lots in front. The
Corridor buildings have a diverse architectural
style in terms of facade design, materials,
and roof shape; the Corridor does not have
a distinctive building type or architectural
style since development occurred over
many years. The Corridor has several vacant
parcels or buildings, underutilized properties,
and brownfield sites -all of which present
opportunities for redevelopment and/or
adaptive reuse to support new uses or tenants .
Recently, there is renewed interest to transition
the Corridor into the community's primary
commercial and employment hub. There are
several redevelopment projects underway as
well as real estate activity seeking to bring new
tenants to vacant buildings.
Public Services in the Corridor -The Corridor
has several public uses including the Kodiak
Police Station, the Alaska State Trooper offices,
and Main Elementary School. Coon Field and
Dark Lake Field are located at opposite ends of
the Corridor and both have baseball fields and
public recreation areas. At the time of this study,
the City was exploring sites in the Corridor on
which to build a new fire station .
Residential Enclaves in the Corridor -There
are several small residential enclaves in the
Corridor which include a mix of single-family
and multifamily structures along Malutin
Lane, single-family properties along Selig at
Felton Avenue, a mobile home community just
east of Bartel Avenue, an apartment complex
at Ole Johnson Avenue, and a single-family
neighborhood along Bancroft Drive.
Surrounding Land Uses -Established residential
neighborhoods surround Mill Bay Road and
many of the homes are within walking/bicycling
distance to the Corridor. Four educational
institutions are located just outside the Corridor.
Kodiak High School and Middle School are
located near the western Corridor limits.
Kodiak College and East Elementary School
are located near the far southeastern Corridor
boundaries. Baranoff Park and East Addition
■ MIii Bay Road Corridor I Area-Wide Planning Study
Community Conditions
Park are situated mid-way along the Corridor's
southern boundaries. The schools and parks
continually experience civic activity and children
regularly travel to the Mill Bay Road Corridor to
patronize food and beverage businesses . The
Kodiak Municipal Airport is located at Mill Bay
Road and Von Scheele Way and includes private
businesses that lease hanger and office space.
Top : Existing Baranoff Park abuts the AWP focus areas and
is a major community destination
Lower: Existing Kodiak High School located just outside
the AWP focus areas AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 112 of 194
,.,(t)
NOTTO SCALE
'
Figure: 2.1.2. -Comprehensive Plan Land Use Map
■ Mill Bay Road Corridor I Area-Wide Planning Study
Community Conditions
Legend
t,':'.J City of Kodiak Municipal Boundary
t.::J Area-Wide Planning Boundary
Future Land Use
Commercial/Business
Conservation
Future Special Planning Area • Public Facilities/Ownership
Industrial/Light Industrial
Open Space/Recreation
• Rural Residential
Urban Residential AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 113 of 194
Project Overview and Goals
Kodiak's Mill Bay Road Corridor (the "Corridor")
is emerging as the community's new
commercial, employment and community
services hub as local businesses and public
agencies are transitioning outside the Tsunami
Hazard zone near downtown and the harbor
front. The Corridor grew as an eclectic group
of land uses including commercial, industrial,
residential and public services . Fortunately
for the community, there are multiple private
investment and public capital projects in
the planning stages. Though the Corridor
is revitalizing, it has several vacancies and
underutilized properties, and several sites
are blighted and in disrepair. To ensure
revitalization occurs in a coordinated manner, a
comprehensive redevelopment strategy would
better position the Corridor to evolve into an
attractive, interconnected and economically
vibrant district that would serve the larger
community and seasonal visitors. The Corridor
extends through portions of the City of Kodiak
and unincorporated areas of Kodiak Island
Borough (Borough or KIB) over which the
Borough has land use, zoning and development
permitting authority for most areas on the
Island (including the properties in the City of
Kodiak).
Many of the properties contain or once
supported industrial land uses and have the
potential to possess environmental liabilities
including hazardous materials in older
structures, contaminated soil, and debris
(e.g., abandoned vehicles, discarded building
materials and the like). Other properties are
abandoned or underdeveloped but present
opportunities for redevelopment and new
uses. At the same time, the Kodiak urban area
continues to see population growth and there is
a near and long-term need to increase housi~
commercial services,.Bnd recreational assets in
the community.
The Borough saw an opportunity to complete an
area-wide planning (AWP) process to identify a
community vision for the Corridor and to define
strategies to transform its underutilized and
blighted properties for new community-serving
uses for both residents and visitors. This study
identifies the existing conditions, redevelopment
opportunities, and implementation strategies
for the Mill Bay Road Corridor. Early in the
process, the Borough formed a project team
that included Borough staff and a consultant
team Stantec Consulting Services, Inc. (Stantec)
and Agnew::Beck. Through a formal planning
process, the project team devised a strategy
to improve community conditions within the
Corridor in two defined AWP focus areas.
■ MIii Bay Road Corridor I Area-Wide Planning Study
Executive Summary
Mill Bay Road Corridor -The Mill Bay
Road Focus Area includes the properties
in a 1.3-mile segment of the Mill Bay Road
extending from Birch Street to Von Scheele
Way. The focus area includes the properties
along the Mill Bay Road frontage; some
areas extend back two blocks into the
surrounding neighborhoods. The future
vision is to create a mixed-use corridor with
attractive properties, new infill development
on underutilized properties, adaptive reuse
of existing structures, and minor projects to
enhance pedestrian/bicyclist mobility.
Safeway Area -The Safeway Focus Area
includes the existing shopping center and
surrounding properties north of Von Scheele
Way. This includes the Safeway shopping
center itself, the adjacent commercial lands,
and the employment/industrial properties
to the far northwest. The redevelopment
vision is to create a signature commercial
destination in and around the Safeway
shopping center, and to attract additional
employment uses along Selief Lane. The
community will realize its vision through
adaptive reuse of existing buildings, context-
sensitive infill development, and modest
transportation enhancements. AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 114 of 194
Framework Plan Themes
~
THEME A:
Create Activity Nodes / Mixed-
Use Corridor
The Framework Plan designates three individual
activity nodes at each end of the Mill Bay Road
Corridor. The idea is to focus redevelopment
efforts at these strategic locations to create
centers of business activity and community
gathering. This will create a critical mass
of investment and community activity that
will enhance the likelihood of reinvestment
spreading outward in later years to other
properties in the focus areas, and in the long
term resulting in a continuous mixed-use
Corridor. Each activity node will include a
specific land use focus and role within the larger
community.
• Commerce Activity Node -This activity
node includes the existing shopping
center, commercial outparcels and office
development along Mill Bay Road at Von
Scheele Way. Specifically, the node includes
the existing Safeway store, Walmart store,
and Alaska State Troopers offices. The node
is a significant commercial destination
for groceries, household supplies, and
business services . The node has several
large parcels that could be redeveloped to
provide additional commercial services. As
redevelopment occurs in the Commerce
Activity Node, the Borough should promote
interconnectivity amongst parcels, ensure
new building styles complement existing
structures, and ensure future land uses
create a strong commercial/shopping
destination.
• Employment Activity Node -This
employment-based activity node includes
the collection of existing industrial/
warehouse uses that are clustered around
Selief Lane. This node also includes Dark
Lake Field, a regional park and recreational
destination. The node has underutilized
properties that have the capacity to support
additional private development and create
income-generating businesses. To support
redevelopment and investment in the
Employment Activity Node, the Borough
should ensure the zoning allows industrial
and manufacturing uses, increase public
amenities in Dark Lake Park, ensure
utilities can service future uses, and recruit
employment-generating businesses .
• Civic Activity Node -This civic-based
activity node includes Main Elementary,
Coon Field, and several mixed-use
properties at the western end of the
Corridor. This area of the Corridor includes
■ MIii Bay Road Corridor I Area-Wide Planning Study
Executive Summary
a cluster of educational and recreational
properties that experience continuous public
activity throughout the year and extending
into the late evening . Several of the
properties are underutilized and can support
additional development for civic uses
and complementary commercial use. To
support redevelopment in the Civic Activity
Node, the Borough should partner with the
schools and the National Guard to identify
long-term growth plans, provide supporting
infrastructure (mobility), identify future civic
uses/amenities, and ensure the zoning
allows for the intended future uses.
• Mixed-use Corridor -The portions of Mill
Bay Road between the Commerce and Civic
Activity nodes have a variety of land uses
and several underutilized properties that
could be redeveloped over time to achieve
a vibrant, mixed-use corridor. Most of the
developed properties in the Corridor are
commercial or light industrial businesses,
whereas, there are four distinct resideotial
neighborhood enclaves. The Kodiak Police
Department, the Kodiak Public Works, and
the Kodiak Area Native Associate health
clinic are also within the Corridor. The
Corridor has redevelopment capacity to
support additional businesses, housing,
and commercial services. Additionally, the
Corridor has the potential to emerge as the
community's primary commercial hub for
residents and visitors. AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 115 of 194
2.1 -Community Context
The Mill Bay Road Corridor is located central
to Kodiak Island's urban area that spans the
eastern portions of the City of Kodiak and small
enclaves of the unincorporated Borough . The
AWP process was focused on two specific
focus areas within the Corridor: (1) Mill Bay
Road from Birth Street to Von Scheele Way and
(2) the Safeway Area northeast of Von Scheele
to Island Lake Road . The AWP process included
consideration of the Corridor within the context
of overall community, to better capitalize on
existing assets and community destinations.
Today, the Corridor contains an eclectic group
of businesses and land uses (which include
commercial, industrial, residential, and public
service). The predominant development
character within the Corridor is a highway
commercial land use pattern with many stand-
alone buildings set back from the public right-
of-way with surface parking lots in front. The
Corridor buildings have a diverse architectural
style in terms of facade design, materials,
and roof shape; the Corridor does not have
a distinctive building type or architectural
style since development occurred over
many years. The Corridor has several vacant
parcels or buildings, underutilized properties,
and brownfield sites -all of which present
opportunities for redevelopment and/or
adaptive reuse to support new uses or tenants.
Recently, there is renewed interest to transition
the Corridor into the community's primary
commercial and employment hub. There are
several redevelopment projects underway as
well as real estate activity seeking to bring new
tenants to vacant buildings.
Public Services in the Corridor -The Corridor
has several public uses including the Kodiak
Police Station, the Alaska State Trooper offices,
and Main Elementary School. Coon Field and
Dark Lake Field are located at opposite ends of
the Corridor and both have baseball fields and
public recreation areas. At the time of this study,
the City was exploring sites in the Corridor on
which to build a new fire station.
Residential Enclaves in the Corridor -There
are several small residential enclaves in the
Corridor which include a mix of single-family
and multifamily structures along Malutin
Lane, single-family properties along Selig at
Felton Avenue, a mobile home community just
east of Bartel Avenue, an apartment complex
at Ole Johnson Avenue, and a single-family
neighborhood along Bancroft Drive.
Surrounding Land Uses -Established residential
neighborhoods surround Mill Bay Road and
many of the homes are within walking/bicycling
distance to the Corridor. Four educational
institutions are located just outside the Corridor.
Kodiak High School and Middle School are
located near the western Corridor limits.
Kodiak College and East Elementary School
are located near the far southeastern Corridor
boundaries. Baranoff Park and East Addition
■ MIii Bay Road Corridor I Area-Wide Planning Study
Community Conditions
Park are situated mid-way along the Corridor's
southern boundaries . The schools and parks
continually experience civic activity and children
regularly travel to the Mill Bay Road Corridor to
patronize food and beverage businesses . The
Kodiak Municipal Airport is located at Mill Bay
Road and Von Scheele Way and includes private
businesses that lease hanger and office space.
Top: Existing Baranoff Park abuts the AWP focus areas and
is a major community destination
Lower: Existing Kodiak High School located just outside
the A WP focus areas AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 116 of 194
,.. (t)
NOTTO SCALE
Figure: 2.1.2. -Comprehensive Plan Land Use Map
■ Mill Bay Road Corridor I Area-Wide Planning Study
Community Conditions
Legend
i:J City of Kodiak Municipal Boundary
C Area-Wide Planning Boundary
Future Land Use
Commercial/Business
Conservation
Future Special Planning Area • Public Facilities/Ownership
111!1 Industrial/Light Industrial • Rural Residential
Open Space/Recreation Urban Residential AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 117 of 194
Kodiak Island Borough Assembly
Dear Assembly Members,
MAY 1 8 2023
BOROUGH CLERK'S OFFICE
KODIAK,, ALI\SKA
I am writing to appeal a recent decision concerning my lot at 11 O Bancroft drive, with a legal
description of USS 3098 LT 26A. My attempts to use my property and bring it into normal
compliance have repeatedly been unfairly denied. The basis for my appeal is as follows:
• Support for this rezone in the 2008 Comprehensive Plan
• Support for this rezone in the 2020 Mill Bay Corridor Plan
• Support for this rezone through recent precedent
• Failure of the Kodiak Island Borough to provide professional planning services
Support for this Rezone in the 2008 Comprehensive Plan
One of the goals of the 2008 Comprehensive Plan is to "Regulate and manage land uses to
balance the rights of private property owners with community values and objectives" the
Borough unfortunately has not been fulfilling the intent of this policy guidance.
Policy: Encourage and facilitate small business development on Kodiak Island.
Policy: Support growth in local businesses as opportunities are provided by stimulated
economic development.
Policy: Increase economic opportunities
Implementation action: Rezone land to allow more commercial development.
Some of these policies have been used to support other requests which were rezoned
successfully.
Support for this rezone in the 2020 Mill Bay Corridor Study
The 2020 Mill Bay Road Corridor Study, completed as part of Kodiak's EPA Brownfield grant,
identified Mill Bay Road as:
"Kodiak's Mill Bay Road Corridor ... emerging as the community's new commercial,
employment and community services hub as local businesses and public agencies are
transitioning outside the Tsunami Hazard zone near downtown and the harbor front."
The vision for the corridor was stated as:
"The future vision is to create a mixed-use corridor with attractive properties, new infill
development on underutilized properties, adaptive reuse of existing structures, and
minor projects to enhance pedestrian/bicyclist mobility ... The community expressed a
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 118 of 194
strong desire for the Corridor to redevelop with attractive buildings that create a
cohesive, distinctive mixed-use district."
A key aspect of this plan is promoting property redevelopment and allowing buildings that can
accommodate businesses, presumably on land zoned for B-Business:
"Ensure the Corridor provides quality buildings to accommodate businesses and to attract
customers to the emerging commercial district."
Finally, the plan explicitly proposed my property as an "opportunity site", defined as:
" .. .individual properties as "Opportunity Sites" that have the potential to support future
development, fulfill future market demand, and could provide catalytic benefits to the larger
Corridor."
R1 zoning is one of the least flexible types of zoning in the Borough, restricting the land to this
use limits future possibility. AB-Business designation would be in line with both the
comprehensive plan from 2008 and the more recent Mill Bay Plan from 2020.
Support for This Rezone Through Recent Precedent
• Ordinance FY2023-07 rezoned Lot 11 of Block 2 or Allman Addition, 1234 Mill Bay
Road, from R-1 Single Family to B-Business. The Findings stated: "The rezone is
consistent with the objectives of the 2008 Kodiak Island Borough comprehensive plan,
specifically the sections that identify the need for the compatibility of land uses and this
rezone promotes the compatibility with surrounding business uses." This is the same
situation as my property.
• Ordinance FY2021-20, rezoning lots 1, 2, & 3 of Block 13 of the Aleutian homes
subdivision from R2-Two Family to B-Business. One whereas clause stated: "Whereas,
staff finds that while the request is not consistent with the future residential land used
[sic] designation presented in the 2008 KIB Comprehensive Plan, it is consistent with
the future commercial/business land use designation trend along the
commercial corridor that runs the length of Mill Bay Road from the West Rezanof
Intersection to the East Rezanof Intersection and with the goals and objectives
of the 2008 KIB Comprehensive Plan." [Emphasis mine]
• Ordinance 2019-10, rezoning from R1 to B-Business. Findings: "1Rezoning this parcel
to B-Business will allow the property owner more flexibility and opportunities to develop
their land. 2. The subject parcel is situated in a mixed zoning area that includes R1-
Single-Family-Residential and PL-Public Use Lands with a variety of uses.
• Ordinance FY2015-09 rezoning Lot 1, Alagnak Acres, from R2-Two Family to B-
Business.
• Ordinance FY2013-14, which rezoned from R1 to UNC included the following finding:
"A rezone from the R-1 Single Family Residential Zoning District to the UNC Urban
Neighborhood Commercial Zoning District would be in conformity with the broad
guidelines of the applicable comprehensive plan."
• Ordinance FY2012-14 rezoning from RR1 to B-Business. Findings included the
statement: "As stated in the KIB Comprehensive Plan: To regulate and manage land
uses to balance the rights of private property owners with community values and
objectives. The need for a change is to maximize compatibility of adjacent land uses
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 119 of 194
..
I
•
Finally, we all know that the lot at 3523 Rezanof Drive, with a legal description of USS 3218
TR E-3, nominally owned by Duncan Fields but somehow affiliated with Mayor Scott Arndt, is
currently zoned RR 1 but used for industrial or commercial use under the pretense of a
temporary living structure. This lot has a future land use designation of "Rural Residential", so
denying my proposed rezone to B-Business would also set a precedent to make it more
complicated to rezone that Rezanof lot to a more appropriate zoning designation in the future.
It makes sense that lots along Mill Bay and Rezanof should be zoned for higher use, it would
be unfair to allow some but not others.
Failure of the Kodiak Island Borough to Provide Professional Planning Services
As far as I am aware the Kodiak Island Borough planning department no longer has any
professional planning staff, and this casts doubt on whether applicants are able to get a fair
chance at these public processes. In the staff report dated April 17, 2023, the text first reads:
"This rezone is in line with the following Goals, Policies, and Implementation Actions of the
2008 Comprehensive Plan," and then later in the report ""In this regard, continuing use as
medium density residential may be viewed as more conforming with the Comprehensive Plan
than a rezone that would allow a much denser redevelopment of the parcel with attendant
noise and traffic impacts to occur "''. If the rezone is line with the goals, policies and
implementation actions, then why is staff recommending against it? And how do they know
traffic impacts will occur, when on page 3 of 20 they stated:
"This lot is located on Mill Bay Road, which has long been designated as Kodiak's
central commercial corridor, and road infrastructure in this area has in fact been
designed to encourage motor vehicle use.1 As long as Mill Bay Road is maintained in
order to facilitate high loads of motor vehicle traffic, traffic speeds and loads are likely
to be high regardless of surrounding land use. "
I suspect the employees working in the planning department have just copied and pasted
from old documents without reading them, or perhaps do not understand how to use and
implement a comprehensive plan, which is the policy guidance for the entire Borough.
Additionally, the staff report states ""As a rezone targeting an individual parcel, this has a
principal characteristic of spot zoning." Again, this seems like something staff found in a book
and wrote down verbatim, as a quick look at the zoning map will reveal that the vast majority
of properties within 3,000 feet of my property up and down Mill Bay are not zoned R1,
indicating that the real "spot" of zoning here is low density residential along a commercial
corridor.
Finally, the staff report states that "speculative rezones should be discouraged" and
"No matter what an applicant says he intends to do with a property, that fact is, that once
rezoned, the property can be resold and used for an entirely different use permitted in the B-
Business zoning district." It is not staff's place to speculate what I may or may not do with my
property, it is their job to assess this request based on the comprehensive plan, recent
precedent, and best planning practices, all of which point to this being a parcel better suited
for business use. The planning commission should also not be denying a rezone based on
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 120 of 194
· what they think a person might do with it, but rather whether or not it aligns with the
comprehensive plan and current guidance. Unless Mill Bay is going away any time soon, this
is a commercial corridor and my lot has frontage on it. I note that while staff speculates on all
the activities someone could potentially do with B-Business zoning, they do not seem to be
speculating on the things I could do with R1 zoning, such as urban agriculture or a church.
Kodiak needs economic activity, and it needs Business land to do it. Mill Bay is the primary
commercial corridor of Kodiak, and Business-zoned land makes the most sense along it.
.Thank you for your time and consideration.
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 121 of 194
This correspondence is written to the Kodiak Island Borough Planning and Zoning Commission for
Reconsideration in the rezone of the property located at 100 Bancroft case No. 23-015. It seems as
though the decision might have resulted from fraud or mistakes made by the Community Development
Department staff.
On page 3 of 20 The findings of fact for Case 19-004 include:
1. Although the subject parcel is adjacent to properties zoned B-Business, it is also adjacent to
properties Zoned R-1-Sinmgle-Family residential. Accordingly, the rezone would not enhance
public necessity, convenience general welfare or good zoning practices.
2. The rezone would not implement enough objectives of the adopted Comprehensive Plan to
overcome the noted inconsistency with the assigned Residential Comprehensive Plan Future
Land Use Designation.
3. The rezone would not maximize compatibility of adjacent land uses or minimize conflicts
through zoning, buffering, design standards and other means.
4. The Planning and Zoning Commission recommends denial of this rezone.
We have included a copy of the original and correct findings of fact from the September 19, 2018
meeting regarding Case No. 19-004.
On page 5 of 20 staff refers to the language of KIBC 17.72.030 which we were unable to locate as it
has been changed to KIBC 17 .205.030. The language used in the application was very similar to the
language used in previous applications and was prepared with assistance from previous staff which
included Daniel McKenna-Foster who is now a Senior Planner with the municipality of Anchorage.
The staff erroneously states that there is a current violation of the zoning code for the R-1 zone due
to what they refer to as the current use of the property for outdoor storage. We have automobiles
and boats that we own parked on property that we own. Eventually, we will have a residence and
shop space to enable most of our possessions to be parked inside out of the elements.
Staff further moves on to discuss the zoning on Lot 26B stating that my Justification for rezone
based on being located adjacent to a single property zoned business is somewhat specious. Right
after the 1964 earthquake Don Arndt built the existing Panabode home, using it for an office to
facilitate the sale of the Panabode homes for which he was a dealership. In 1975 the lot was sold to
Billy Bacus, owner of B&B Underground, who used it as an office, residence and storage of his
equipment and supplies. In 2008 it was purchased by Dan Gilbert, a commercial fisherman, who
used as a crew quarters and storage for containers and fishing gear. In 2017 it was purchased by
Glenn Yngve, a flooring contractor, who used it as an office, residence and storage for supplies and a
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 122 of 194
motor home which he rented out. Currently it is used as storage by Mr. Arndt and his business. The
staff refers to the Panabode as a non-conforming use?
On page 6 of 20 staff states :The fact that this same rezone application has been denied twice
previously, has some significance. Circumstances have not changed. This statement is completely
false. The demographics of the neighborhood have changed. The majority of the problems
associated with the previous zoning change requests were created by a Kavik Anderson, who lived
directly across the street and has recently moved to a new location. For previous staff, including
Daniel Mc Kenna-Foster who has a Master's Degree from Cornell University and is currently a Senior
Planner for the Municipality of Anchorage, to advocate for the zoning change should have
encouraged staff to conduct some research based upon sound zoning practices. Staff assertion that
110 Bancroft is adjacent to properties zoned R-1 is not entirely correct. There is a 35ft section of the
property at the back that contains a utility easement. This is the total of the created adjacency to R-
1 lots.
During this last zoning process there were only three people who objected to the rezone and one of
those appears to be mentally challenged as she accused me of many things that were completely
false and defamatory. That would leave 20 parties who through their tacit acquiescence agreed with
the requested zoning change. Thank you.
HAND DELIVERED
AGENDA ITEM #14.C.1.
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Introduced by: Planning and Zoning Commission
Drafted by: Community Development Department
Introduced on: 12/20/2018
Public Hearing Date: 01/03/2019
Adopted on: 01/03/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-15
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING CHAPTER 17.205
(AMENDMENTS AND CHANGES) TO INCORPORATE PROCEDURES FOR CHANGING THE
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION FOR APPROVED REZONES
THAT ARE NOT CONSISTENT WITH THE ASSIGNED COMPREHENSIVE PLAN FUTURE
LAND USE DESIGNATION (P&Z CASE NO. 19-011).
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY 2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the Borough commonly receives applications to rezone a parcel or parcels to a
zoning district that is not consistent with the Comprehensive Plan Future Land Use Designation
(FLUD) assigned to the subject parcel or parcels, and
WHEREAS, such rezone requests may be approved if it has been determined that the rezone
is consistent with, and further implements, a sufficient number of Comprehensive Plan goals,
policies, and implementation actions; and
WHEREAS, when such rezone requests have been approved, the FLUD has correspondingly
been changed to a designation that is consistent with the new zoning; and
WHEREAS, Title 17 (Zoning) of the Kodiak Island Borough Code provides no specific process
for changing the FLUD when such rezones are approved; and
Kodiak Island Borough, Alaska
Deletion -Red, Strikeout
Insertion -Bold, Blue, Underlined
Ordinance No. FY2019-15
Page 1 of 4
Version 1
AGENDA ITEM #14.C.1.
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WHEREAS, the rezone procedures listed in KIBC 17.205 (Amendments and Changes) have
historically been used to process such FLUD changes as a separate request that proceeded the
corresponding rezone request; and
WHEREAS, that procedure resulted in a duplicate process that created unnecessary
administrative burdens for the applicant, staff, Planning and Zoning Commission, and Borough
Assembly; and
WHEREAS; these amendments to KIBC 17.205 (Amendments and Changes) will incorporate
specific procedures that eliminate those administrative burdens by automatically changing the
FLUD of a parcel or parcels to a designation that is consistent with an approved corresponding
rezone of the parcel or parcels; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed changes at Their
October 10, 2018 and November 7, 2018 Work Sessions; and
WHEREAS, the Planning and Zoning Commission, following a public hearing on November 14,
2018, voted to transmit the revisions to KIBC 17.205 to the Borough Assembly with a
recommendation for approval; and
WHEREAS, the Borough Assembly reviewed the proposed changes at their December 13,
2018 and December 27, 2018 Work Sessions; and
WHEREAS, the Borough Assembly held a public hearing on January 3, 2019 to consider the
merits of the proposed amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances; and
Section 2: Chapter 17.205 Amendments and Changes of the Kodiak Island Borough Code of
Ordinances is hereby amended to read as follows:
Sections:
17.205.010 Authority.
Chapter 17 .205
AMENDMENTS AND CHANGES
17 .205.020 Report from planning and zoning commission.
17.205.030 Manner of initiation.
17.205.040 Hearing and notice on rezones.
17.205.050 Rezones may include additional property.
17.205.055 Submission to assembly.
Kodiak Island Borough, Alaska
Deletion -Red, Strikeout
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Ordinance No. FY2019-15
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· 91 17.205.060 Hearing determination.
92 17.205.070 Hearing -Required-Notice.
93 17.205.075 Comprehensive Plan Future Land Use Designation Consistency
94 17 .205.080 Repealed.
95
96 17.205.010 Authority.
97 Whenever the public necessity, convenience, general welfare or good zoning practice requires,
98 the assembly may, by ordinance and after report thereon by the commission and public hearing
99 as required by law, amend, supplement, modify, repeal or otherwise change these regulations
100 and the boundaries of the districts. [Ord. FY2018-14 §2, 2018; Ord. 83-58-0 §1, 1983. Formerly
101 §17.72.010).
102
103 .17 .205.075 Comprehensive Plan Future Land Use Designation Consistency.
104 T. he following applies to all approved rezones that are not consistent with assigned
105 ,Comprehensive Plan Future Land Use Designations:
106
107 ,A. The Comprehensive Plan Future Land Use Designation of the parcel or parcels shall be
108 ,changed to a designation that is consistent with the new zoning; and
109
110 .B. Any such Comprehensive Plan Future Land Use Designation change shall become
111 ,effective upon the effective date of the corresponding rezone; and
112
113 .c. The ordinance approving the rezone shall contain a section that specifies the newly
114 assigned Comprehensive Plan Future Land Use Designation of the rezoned parcel or
115 parcels.
116
117 17.205.080 Boundary change -Protest.
118 Repealed by Ord. 93-20. [Ord. 83-58-0 §1, 1983. Formerly §17.72.080).
119
120 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
121 support of their approval of these amendments:
122
123 1. A rezone of a parcel or parcels that is not consistent with the Comprehensive
124 Plan Future Land Use Designation (FLUD) assigned to the subject parcel or
125 parcels may be approved if the rezone is consistent with, and further
126 implements, a sufficient number of Comprehensive Plan goals, policies, and
127 implementation actions.
128
129 2. When such rezone requests have been approved, the FLUD has
130 correspondingly been changed to a designation that is consistent with the new
131 zoning.
132
133 3. Title 17 (Zoning) of the Kodiak Island Borough Code provides no specific
134 process for changing the FLUD when such rezones are approved.
135
Kodiak Island Borough, Alaska
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4. The rezone procedures listed in KIBC 17.205 (Amendments and Changes)
have historically been used to process such FLUD changes as a separate
request that proceeded the corresponding rezone request. That procedure
resulted in a duplicate process that created unnecessary administrative burdens
for the applicant, staff, Planning and Zoning Commission, and Borough
Assembly.
5. These amendments to KIBC 17.205 (Amendments and Changes) incorporate
specific procedures that eliminate those administrative burdens by
automatically changing the FLUD of a parcel or parcels to a designation that is
consistent with an approved corresponding rezone of the parcel or parcels.
6. This ordinance is consistent with, and will further implement, certain land use
goals and implementation actions identified in the 2008 Comprehensive Plan.
7. The Planning and Zoning Commission recommended that the Borough
Assembly approve this ordinance.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF JANUARY, 2019.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
160 UNANIMOUS VOTE:
161 Ayes: Arndt, Kavanaugh, Schroeder, Smiley, Symmons, Turner
162 Noes: Skinner
163
164
165
166
167
Kodiak Island Borough, Alaska
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Introduced by: Community Development Department
Drafted by: Community Development Director
Introduced on: 10/15/2020
Public Hearing Date: 11/05/2020
Adopted on: 11/05/2020
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2021-20
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOTS 1, 2 & 3, BLOCK 13, ALEUTIAN HOMES SUBDIVISION, FROM R2-TWO•FAMILY
RESIDENTIAL TO &-BUSINESS.
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 {Ordinance No. FY2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that •whenever the public necessity, convenience,
general welfare or good zoning pracUce requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the property owned applied for a rezone of this property from R2-Two-Family
Residential to UNC-Urban Neighborhood Commercial on July 7, 2020; and
WHEREAS, in the staff report dated 8/24/2020, staff recommended a change in the rezone
request from UNC -Urban Neighborhood Commercial to B-Buslness, and the applicant agreed;
and
WHEREAS, staff finds that while the request Is not consistent with the future residential land
used designation presented in the 2008 KIB Comprehensive Plan. It Is consistent with the future
commercial/business land use designation trend along the commercial corridor that runs the
length of MIii Bay Road from the West Rezanof Intersection to the East Rezanof Intersection and
with the goals and objectives of the 2008 KIB Comprehensive Plan; and
WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning
and Zoning Commission considered the merits of the rezone request on September 16, 2020;
and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the lots be rezoned from R2-Two-Family Residential to B-Buslness, finding that the public
necessity, convenience, general welfare, and good zoning practice would be enhanced by such
action.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Kodiak Island Borough, Alaska Ordinance No. FY2021-20
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Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Lots 1, 2 and 3, Block 13, Aleutian Homes Subdivision is hereby rezoned from
R2-Two-Family Resldentlal to B-Business.
Section 3: By this ordinance, the Borough Assembly adopts the following Findings of Fact in
support of their approval of this rezone.
1. Rezoning these parcels Is consistent with the overall commercial corridor trend
seen In the current zoning along Lower Mill Bay Road and Mill Bay Road;
2. This rezone will provide for new commerclal and housing opportunities In the
immediate area;
3. The rezone will Increase the borough's tax base;
4. The rezone is consistent with the goals and objectives of the 2008 Kodiak Island
Borough Comprehensive Plan.
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF November, 2020.
KODIAK ISLAND BOROUGH
tuJl[?J;:;;:
WIiiiam Roberts, Mayor
VOTES:
------.
ATTEST:
(' --
Ayes: Symmons, Turner, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner
Noes:
Kodiak Island Borough, Alaska Ordinance No. FY2021-20
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT
DEPARTMENT
STAFF REPORT AND RECOMMENDATION
REPORT DATE: April 17, 2023
TO: Planning and Zoning Commission
FROM: Community Development Department Interim Director
CASE NO: 23-015
REQUEST: A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family
Residential District to B-Business District
RECOMMENDATION: Staff recommends the Commission deny this request for rezone.
KIBC 17.205.040 Hearing and notice on rezones.
The commission shall hold a public hearing on each properly
submitted application for a rezone within 90 days after the date
of the next available meeting agenda deadline. The community
development department shall give notice of the hearing as
required in the same manner prescribed for variances in KIBC
17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983.
Formerly §17.72.040].
APPLICANT: James Cole
AGENT: (none)
LOCATION: 110 Bancroft Drive, Kodiak AK. 99615
LEGAL: USS 3098, Lt 26A Mill Bay Road
LOT SIZE: 11978 SF
CURRENT USE: Vacant with minor improvements
CURRENT ZONING: R1-Single Family Residential District
SITE VISIT: Yes, see attached pictures.
NOTICE The Community Development Department sent a public hearing
notice to each owner of property within 500 feet from the exterior
boundary of the land described in the application. A total of twenty-
five (25) public hearing notices were mailed on March 10, 2023.
Two (2) negative public comments have been received by staff as of
the date of this report.
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Public Hearing Date: April 19, 2023
Page 2 of 20
APPLICABLE ZONING DISTRICT REGULATIONS
Title 17-Zoning
KIBC 17.10.020 Reference and use (comprehensive Plan)
In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the
comprehensive plan.
KIBC 17.90.010 Description and Intent
The B business zoning district is established for the purposes of protecting and encouraging the development of
community business core areas that function efficiently as centers of retail business and retail service activities. For the
business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are:
A. To encourage the continued use and development of land for retail purposes.
B. To discourage the use of business district lands for other than retail purposes.
C. To prohibit the use of business district lands for manufacturing and industrial purposes; and
D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter.
KIBC 17.90.020 Permitted Uses
CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not
exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner-
occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion
is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi-
frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no
indication, other than a separate entrance on the street level building facade, that a residential use is located within the
structure;
17.205 Amendments and Changes
17.205.010 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by
ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts. [Ord. FY2019-15 §2, 2019; Ord. FY2018-
14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.010].
KIBC 17.205.020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner
in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and
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Page 3 of 20
C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. FY2018-14 §2, 2018; Ord. 83-
58-O §1, 1983. Formerly §17.72.020].
KIBC17.205.040 Hearing and notice on rezones.
The commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the
date of the next available meeting agenda deadline. The community development department shall give notice of the
hearing as required in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord.
83-58-O §1, 1983. Formerly §17.72.040].
KIBC 17.205.055 Submission to assembly.
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above
provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such
recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an
ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be
issued as provided in KIBC 17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party,
within 20 days of the commission’s decision, files an appeal specifying the grounds thereof in writing with the borough
clerk. [Ord. FY2018-14 §2, 2018; Ord. 93-20 §3, 1993; Ord. 83-58-O §1, 1983. Formerly §17.72.055].
STAFF COMMENTS
This is the request to rezone lot 26A, US Survey 3098, from R1-Single-Family Residential to B- Business. This lot is
located on Mill Bay Road, which has long been designated as Kodiak’s central commercial corridor, and road
infrastructure in this area has in fact been designed to encourage motor vehicle use.1 As long as Mill Bay Road is
maintained in order to facilitate high loads of motor vehicle traffic, traffic speeds and loads are likely to be high regardless
of surrounding land use.
This case has been brought forward to this Commission two other times. Case 17-029 and case 19-004 were submitted by
the same applicant. A summery of each case is as follows:
Case 17-029: This case came before the Commission originally in June 2017 and heard in August 2017. That staff report
indicates that 2 public hearing notices and one phone call asking for denial of the rezone was received in June. By the
August hearing date, a petition was received by CDD that included five additional signatures asking the Commission to
deny the rezone. The staff report indicates that CDD staff recommended approval and that the P&Z Commission, despite
the negative response to public hearing notice, approved the rezone to go before the Assembly. The KIB Assembly at it
regular meeting on October 19, 2017, failed to approve the rezone.
Case 19-004: This case came before the Commission in September 2018. The staff report indicated that 3 public notices were
returned asking for denial of the rezone were received. The staff report indicates that CDD staff recommended approval and
that the P&Z Commission failed to approve the rezone and it did not go before the Assembly. The findings of fact for
Case 19-004 include:
1. Although the subject parcel is adjacent to properties zoned B-Business, it is also adjacent to properties zoned R1-
Single-Family residential. Accordingly, the rezone would not enhance public necessity, convenience, general
welfare or good zoning practices.
2. The rezone would not implement enough objectives of the adopted Comprehensive Plan to overcome the noted
inconsistency with the assigned Residential Comprehensive Plan Future Land Use Designation.
3. The rezone would not maximize compatibility of adjacent land uses or minimize conflicts through zoning,
buffering, design standards and other means.
4. The Planning and Zoning Commission recommends denial of this rezone.
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Page 4 of 20
Zoning History:
1. Changed from Unclassified to R-1 by Ordinance No. 73-2-O. Many of the other parcels in U.S. Survey 3098 were
rezoned from unclassified zoning to business zoning by Ordinances Nos. numbered 80-11-O and 80-12-O
2. Lot Size:11,978 square feet
3. Existing Land Use: Vacant lot with outdoor storage
4. Surrounding Land Use and Zoning: Adjacent properties are B-Business and R1-Single- family Residential District
zoning, uses include vacant lots, storage, and single- family residences
5. Comprehensive Plan: Assigned a Future Land Use Designation of Public and Open Space by the 1968
Comprehensive Plan and Urban Residential by the 2008 Comprehensive Plan
6. Applicable Comprehensive Plan Future Land Use Designations:
[Urban] Residential This designation allows for a variety of urban level residential uses. It is generally applied
within incorporated cities and would allow for a mix of single-family and other types of housing including those
allowed in the R1, R2, R3 and SRO zones.
Commercial/Business: This designation is intended for commercial uses allowed in the Borough Retail
Business, Business and Urban Neighborhood, Commercial Zones, which would include a variety of other business uses.
SUMMARY OF REZONE REQUEST AND APPLICATION’S SUPPPORTING MATERIALS
STAFF SUMMARY OF COMPREHENSIVE PLAN, ZONING CODE, PROCESS AND ANALYSIS OF
RECOMMENDATION
This rezone is in line with the following Goals, Policies, and Implementation Actions of the 2008 Comprehensive Plan:
Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values
and objectives.
Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design
standards and other means.
Policy: Zone lands to meet future housing, commercial, industrial, and other land needs.
Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses
within and outside cities and unincorporated communities in the Borough to meet future economic needs.
Economy Goal: Support commercial businesses and areas within the Borough, including downtown Kodiak.
Policy: Plan for land uses, transportation facilities and public improvements in commercial areas in a way that
supports the viability of local businesses.
Policy: Zone land and coordinate planning in the Kodiak urban area in a way that supports the downtown, as well
as other important commercial areas.
Policy: Support efforts by local businesses and business organizations throughout the Borough to enhance
existing and potential new businesses, particularly in areas that would benefit from economic revitalization.
Implementation Action: Assess the need for and supply of commercial land within the Kodiak urban area to meet
a full range of commercial and other business needs; use the results to zone land and regulate uses appropriately to meet
those needs.
However, the subject parcel is not just a Mill Bay Road frontage parcel, it is part of a thirteen (13) lot residential enclave,
which has been subdivided and developed as medium-density residential. In this regard, continuing use as medium
density residential may be viewed as more conforming with the Comprehensive Plan than a rezone that would allow a
much denser redevelopment of the parcel with attendant noise and traffic impacts to occur.
Lastly, Bancroft Drive, is a unimproved, maintained gravel road which serves 11 houses in a residential subdivision.
Incremental single lot rezones of residential properties to B-Business justified by adjacency to a property previously
rezoned in the same manner on the same justification invites a kind of land use change creep that is in conflict with the
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Page 5 of 20
Comprehensive Plan and often frustrates the intent of sound planning practice to provide consistency and assurance that
residential neighborhood character will be preserved and the property owners investments protected.
The application for rezone submitted by the petitioner fails to include “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”.
The language of KIBC 17.72.030 C is mandatory. The petitioner makes no claim of exigent circumstances. However, At
the site inspection on April 4, 2023, it was noted that the current use of the property was for outdoor storage, which is a
violation of zoning code for the R1 zone. There is no request for relief in the application, the violation was occurring
before the application was submitted and will result in a code enforcement zoning violation letter if this rezone is denied.
As submitted, the application appears to be a rezone request for the purpose of convenience. As a rezone targeting an
individual parcel, this has a principal characteristic of spot zoning. Spot zoning is defined in The Latest Illustrated Book
of Development Definitions as a “Rezoning of a lot or parcel to benefit an owner for a use that is incompatible with
surrounding land and that does not further the comprehensive zoning plan.” Additional explanatory commentary is
provided to the effect that; “Spot zoning per se may not be illegal…..spot zoning is invalid only when all of the following
factors are present: (1) A small parcel of land is singled out for special and privileged treatment, (2) the singling out is not
to the public interest but only for the benefit of the land owner; and (3) the action is not in accord with a comprehensive
plan.”
Before this rezone request, the applicant had completed for several zoning compliance permits for building on the site as
zoned. KIBC 17.90.020 CC, strictly controls single family and two-family residential use in the B-Business zoning
district. A detached house, which the applicant seemed to be proposing in his application, is not permitted. This is an
example of classic strip development. Justification based on adjacency to a single property zoned B Business (Lot 26B,
USS3098) is somewhat specious. That property was rezoned to Business only in 2006 and then, in spite of staff’s
recommendation for denial. Seventeen years later, the use has not changed with the exception of a large amount of
outdoor storage (equipment, gear, container vans, a mobile office), the single-family residence remains and now is
nonconforming. Speculative rezones should be discouraged.
No matter what an applicant says he intends to do with a property, that fact is, that once rezoned, the property can be
resold and used for an entirely different use permitted in the B-Business zoning district. There are 33 permitted uses in the
B-Business zoning district, many with much more intensive uses than what is being proposed for Lot 26A by the owner.
These include repair garages, dry cleaning establishments, eating and drinking establishments, gasoline service stations
and marijuana retail stores, as well as manufacturing facilities.
After researching the findings of facts in the 19-004 case, noting that the driveway for this site is off Bancroft and not Mill
Bay, which will require entry and exit from a residential street, staff remains confident that the correct zoning of the
subject parcel is R-1 Single Family Residential Zoning.
COPIES OF ALL CODE SECTIONS FOR EACH CODE MENTIONED IN THIS REPORT ARE AVAILABLE
FOR REVIEW AT https://kodiakisland.borough.codes/KIBC PLEASE REVIEW THESE CODE SECTIONS AT
YOUR CONVIENCE BEFORE THE MEETING.
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Case No. 23-015
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Page 6 of 20
STAFF FORMAL RECOMMENDATION
RECOMMENDATION:
Staff is recommending that the Commission fail the rezone request. The fact that this same rezone application has been
denied twice previously, has some significance. Circumstances have not changed. This property still stands at the gateway
providing unimproved cul-de-sac road access to a residential enclave consisting of 12 houses, 4 of which are adjacent to a
nearby elementary school.
SUGGESTED MOTION:
Move to deny the rezoning of Lot 26A USS 3098 from RR1-Single Family Residential to B - Business Zoning District,
not move it forward to the Kodiak Island Borough Assembly and adopt the findings of fact for case 23-015 listed in the
staff report dated April 17, 2023.
Findings of Fact:
1. Although the subject parcel is adjacent to one property zoned B-Business, it is also adjacent to properties zoned
R1-Single-Family residential. Accordingly, the rezone would not enhance public necessity, convenience, general
welfare or good zoning practices.
2. The rezone would not implement enough objectives of the adopted Comprehensive Plan to overcome the noted
inconsistency with the assigned Residential Comprehensive Plan Future Land Use Designation.
3. The rezone would not maximize compatibility of adjacent land uses or minimize conflicts through zoning,
buffering, design standards and other means.
Staff notes:
The Commission may amend the conditions of approval or findings of fact (or both) by amending the main motion.
Example:
Move to amend the motion to grant preliminary approval of (READ THE MOTION ON THE FLOOR HERE), by:
(CHOOSE WHAT YOU WOULD LIIKE TO DO FRM BELOW)
• Amending the conditions of approval by (removing, inserting, or replacing) the old words and inserting new
wording.
• Amending the findings of fact by (removing, inserting, or replacing) the old words and insert new wording.
***** Additional Information Below ******
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Site Visit April 4, 2023
Lot
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Lot
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Lot from road
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Driveway
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View of Bancroft
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Bancroft
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From lot, looking to Mill Bay
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Bancroft
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Public Notice on Bancroft
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 144 of 194
Case No. 23-015
Public Hearing Date: April 19, 2023
Page 16 of 20
Public Notice on Mill Bay
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 145 of 194
Case No. 23-015
Public Hearing Date: April 19, 2023
Page 17 of 20
Public Hearing on Mill Bay
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 146 of 194
Case No. 23-015
Public Hearing Date: April 19, 2023
Page 18 of 20
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 147 of 194
Case No. 23-015
Public Hearing Date: April 19, 2023
Page 19 of 20
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 148 of 194
Case No. 23-015
Public Hearing Date: April 19, 2023
Page 20 of 20
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 149 of 194
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A Plannin
g
a
n
d
Zonin
g
CommissionRegularMeetingoftheKodiakIslandBorough
Assembly heldonApril19,2023,intheKIBAssemblyChambers,710MillBay
Road of t
h
e
K
od
ia
k
IslandBoroughBuilding,710MillBayRoad.Themeetingwas
called to at6:30p.m.
Citizens‘
Citizen C
o
m
m
en
t
islimitedtothreeminutesperspeaker.
Local Nu
mbe
r:
907-
486-
3231
ortheToll-FreeNumber:855-492-9202.Commentsare
for general t
o
p
i
c
s
only.
Public He
ari
ng
Citizen C
o
m
m
en
t
islimitedtothreeminutesperspeaker.
Local Nu
mb
er:
907-
486-
3231
ortheToll-FreeNumber:855-492-9202.Commentsare
for that sp
ec
ifi
c
itemonly.
KO
DIA
K
ISLANDBOROUGH
Plannin
g
an
d
ZoningCommissionRegularMeeting
April19,2023
Kodi
ak
Isl
an
d
BoroughPlanningandZoningCommissionRegular
Apri
l
202
3
MeetingMinutes
Approv
al
ofMinut
esNeffmo
ved
toapprov
e
theMarch15,2023,RegularMeetingMinutes.
Paulson motion.
Approv
al
ofAgen
daPaulsontoapprovetheApril19,2023,Agenda.
Cross s
e
c
o
n
d
s
motion.
Pres
ent
wer
e
PaulVanDyke,CortNeff,LinneaJohnson,KentCrossandChristopher
Paul
son.
V
O
I
C
E
VOT
E
CARRIEDUNANIMOUSLY5/0 V
O
I
C
E
VOT
E
CARRIEDUNANIMOUSLY5/0 Roll
The menti
oned
werepresent.
Pl
ed
ge
ofAllegian
ce
Call Ord
erAt6:
30
p.
m
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Case No.23-016.Applicant Sibrel Request
s
aCon
diti
ona
l
UsePermitforaDetached
Accessory Dwelling Unit.
Neff moved to approve the issuance of the Conditio
nal
UsePermittoallowadetached724.40
sf ADU on Russian Creek Estates,Lot 10B,commo
nly
kno
wn
as12816NochDrive,withthe
following conditions of approval:
1.Provide evidence that the landowner of this (notjusttheapplicant)hasboth
physical and legal access that is not limited a5-
year
durationontheUSCGpermitin
order to serve a proposed development that forallintentsandpurposesbe
permanent.
2.Provide written approval from the Army Cor
ps
ofEngi
neers
addressingthepotential
erosion of stream banks due to shifting of c
h
a
n
n
el
s.
3.Provide.written approval from the Alaska D
e
p
ar
t
m
e
nt
ofFishandGamesinceRussian
Creek is an anadromous stream.
4.Provide written confirmation from the AlaskaofFishandGamethatthe
improvement is not located in a Riparian Ar
ea.5.Provide written approval from the US Coast forconstructio
n
ofimprovementdue
to the access.
Paulson m
ov
ed
todenytherezoningofLot26AUSS3098fromR1—Sing|e—Fami|yResidential
to B —Busi
ness
Zoni
ng
District,notmoveitfonivardtotheKodiakIslandBoroughAssemblyand
adopt the f
i
n
d
i
n
g
s
offactforcase23-015listedinthestaffreportdatedApril14,2023.
Cross seco
nds
moti
on.
Chair to O
pe
n
Pub
lic
Hearing:Ifyouwouldliketobeheard,pleasecometothepodium,signin,
turn on the andstateyournameoryoucancallin,thelocalnumberis907-486-
3231,toll f
r
e
e
nu
mb
er
855-492-
9202.a Jam
es
Cli
ffor
d
Cole
Kodi
ak
Isl
an
d
BoroughPlanningandZoningCommissionRegular
April202
3
MeetingMinutes
R
O
L
L
CAL
L
VOTEONFINALAMENDMENTCARRIEDUNANIMOUSLY5/0RCAL
L
VOTEONORIGINALMOTIONCARRIEDUNANIMOUSLY5/0 R
O
L
L
CAL
L
VOTEONAMENDMENTCARRIEDUNANIMOUSLY5/0St
af
f
Re
po
rt
InterimCommunityDevelopmentDirector,SeemaGaroutte.R
O
L
L
CAL
L
VOTECARRIEDUNANIMOUSLY5/0 C
ha
ir
toClosePublicHearingC
o
Discussion
AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 152 of 194
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WorkSessionofthePlanningandZoningCommissionisscheduled
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a
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Kodi
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an
d
BoroughPlanningandZoningCommissionRegular
Apri
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202
3
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Cros
s
toamendmotiontostrikeitemnumberfive.
John
son
seco
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Cros
s
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www.kodiakak u
Greetings,
RE:Case 23-015.Request Rezone of USS 3098 L
o
t
26
A
fromR1-Single-FamilyResidential
District to B-Business District.
The Kodiak Island Borough Planning and Zoning C
o
attheirmeetingonApril19,
2023,moved to deny approval of the 23-015,noted ThePlanningandZoning
Commission adopted the following finding of fact i
n
oftheirdecision:
FINDINGS OF FACT
1.Although the subject parcel is adjacent to o
n
e
pr
op
ert
y
zonedB-Business,itisalso
adjacent to properties zoned R1-Single-
Family
Res
ide
ntia
l.
Accordingly,therezone
would not enhance public necessity,conven
ience,
generalwelfareorgoodzoning
practices.
2.The rezone would not implement enough o
b
je
ct
iv
e
s
oftheadoptedComprehensivePlan
to overcome the noted inconsistency with t
h
e
as
si
gn
ed
ResidentialComprehensivePlan
Future Land Use Designation.
3.The rezone would not maximize compatibili
ty
ofadja
cent
landusesorminimizecon?icts
through zoning,buffering,design standards othermeans.
APPEAL RIGH
TS
KIBC 17.205.055
B.If the commis
sion
reco
mme
nds
denialofanyproposedamendment,itsactionshallbefinal
unless the initiat
ing
par
ty,
within20daysofthecommission’sdecision,filesanappeal
specifying the gr
o
u
n
ds
thereofinwritingwiththeboroughclerk.
Kodiak Is
la
n
d
Borough
Community Department
MillBayRoad
AK99615
Phone (907)Fax(907)486-9396
James ColeTrust
PO Bo
xKodiak,996
15
A
pr
il
20,2023
AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 156 of 194
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,-AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 157 of 194
I am strongly against the James CliffordCole andtherezonefromR1—Single-Family
ResidentialDistrictto B —Business District at B
an
cr
of
t
Drive.Ihavelivedatmyhousefora
long time,and over the past few years,the o
w
n
er
s
at110BancroftDrivehaveputnearly
everything imaginable on their property—
from
imetalshippingstoragecontainersto
empty trailers and bulky boats.Everythingon landisaneyesore;theirpropertydoesnot
look like a home in a loving neighborhood.I
n
s
t
e
a
d
,
itlookslikeajunkyardfullofmiscellaneous
trash.At any given time,there are always at l fiverandomcarsandoneboatparkedthere.
There is always noise coming from the proper
ty.
Th
e
ownerisrude,unfriendly,and
irresponsible.They let their dog roam free al
l
theneighborho
od,
andthedogpoopsin
everyone's yard.The owner never picks up th
ei
r
do
g's
poop,optinginsteadtobeuncourteous
and inconsiderate of the people they live aro
un
d.
Theowneralsoletspeopleliveinthetrailers
on his property.Several years ago,I found a ebagofhumanfecesthatthepeoplelivingin
the trailers had tossed into my yard.This was andaviolationofhumanrights.No,it
was not dog feces.Ifyou saw it,you would b
e
a
b
l
e
totellthatitwashumanfeces.Iamworried
that if the owner is allowed to rezone their h
o
u
se
,
theywillbeabletoplaceevenmorecars,
boats,empty trailers,bulldozers,tractors,an
d
suppliesontheirproperty.Wewill
not be living in a neighborhood anymore;in
st
ea
d,
wewillbetheonessufferingbecausewelive
next to ajunkyard that infringesupon our ri
gh
ts
an
d
peaceofmind.
-Iamwritingto
provi e co
m
m
en
ts
ontheuicHearingCaseNo.23-015,tobehelonApril19,2023;
regardingrezo
ne
fromR1toBat110BancroftDrive.Ifpossible,Iwouldlikemynameand
address t
o
r
e
anonym
ous.
Herearemycomments:
That is endofmycomments.Pleaseletmeknowifyouhavereceivedthisemail,and
whethe
r
o
r
notmynamewillbeattachedtomycomments.Ifearretributionfromtheownerat
110Ba
ncr
oft
Driv
e.
Thankyouforyourtime!
r n n r
r
lCommentso
n
P
u
b
li
c
HearingCaseNo.23-015
Saturday,M
ar
ch
18,20239:43:32AM
Sincer
ely,From:
To:
Subject:AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 158 of 194
guatmtsnm-A-’an
..v.Iv!#L
Bancroft is rstreet.Itisnotathroughstreet.Visitorsoftencommentthatitis
quiet here.kid
s
andneighborkidsplayandridetheirbikesonBancroft,especiallyinthe
summer.T
hi
s
w
ou
ld
nolongerbesafeifwehadbusinesstraffic.Thedrivewayaccessto110
Bancroft is B
an
cr
of
t
Drive.
My husb
and
andIareagainstthisrezoning.WehavelivedonBancroftDrivefornine
years.T
h
is
isthesecondtimetheresidentsonthisstreethavespokenagainstthiszoning
since we herein2014.
We enjoy l
i
onBancroft.Pleasehelpustokeepitresidentialandpeaceful.Itisoneofthe
reasons t wehavestayedonthisstreetandconsideredaddingontoourhouseinsteadof
moving.
The p
r
o
p
e
r
t
y
inquestioniscurrentlyusedforstorageofoldboats,storagecontainersand
vehic
les.
Rec
entl
y,
avehiclerolledfrom110Bancroftintoaneighboringyard.
I am regardi
ng
case23-O15:RezoneR1-SinglefamilyresidentialtoB—Business
Distr
ict
at110BancroftDrive.
“-
Public Heari
ng
C
as
e
No.23-015
Tuesday,A
pr
il
18
,
202310:49:54AM
KodiakIslan
dCommunity Department
710 Mill Ba
yKodiak,AK9
9
6
1
5
T
ha
n
k
youforyourtimeandconsideration,T
o
itMayConcern:From:
To:
Subject:
A
tt
n:
Bro
nwy
n
Currie K
o
di
a
k,
AK99615A
pr
il
18,2023
.r
1‘AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 159 of 194
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r .
I
I
-
-
I -E
-I .".
‘.-_jh-_"__..I'i_:l:5-El:-L1_‘
-"'‘I-I..'.'
n.-I.=.'-.',I::--5--'-5--a
l..--I‘?I”
I am writing this letter in r
e
s
p
o
n
s
e
tocase23-O15:RezoneR1-singlefamilyresidentialtoB—Business
District,location:110 Ban
croft
Dr.Applican
t:
JamesCliffordColeTrust:
I am opposed to this reque
st.
Alt
hou
gh
itwasproposedthattheadjacentpropertytothisoneiszoned
for business,it has a Mill Ro
ad
addressandroadaccess.110BancroftDrivedoesnothaveMillBay
Road access and could cre
ate
un
wa
nte
d
trafficonourstreet.BancroftDriveisagravelroadandhaving
a business on it could requ
ire
mo
re
maintena
nce
duetoincreasedtraffic.420LowerMillBayRoadis
another property which is insizethatisalreadyzonedasbusinessandisforsalehereinKodiak,
this may serve as an altern
ative
siteforthispropertyowner.
Bancroft Dr
iv
e
isaquiet,family-
friendly
neighborhoodwherekidsplayonthestreet.Ipersonallydonot
want the a
d
d
e
d
vehi
cle
traffic,foottraffic,streetwearandtearandnoiseabusinesscouldpotentially
bring to thi
s
Pleasekeepourfamilyfriendlystreetastrictlyresidentialareabydenying
this request tma
ke
110BancroftDriveabusinesslot.
Thank you fyo
ur
conside
ration.
Cooper
Bancro
ft
D
r.
K
o
di
a
k,
AK996151 L
AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 161 of 194
To whom it May Concern,
Our family personally purchased our home on Bancroft Drive for its unique appeal.Our
objective,when we purchased this home,was to raise our family in a safe/quiet neighborhood with light
traffic and within walking distance to a school.Bancroft Drive is a quiet secluded dirt road.Currently
requiring the city to facilitate road maintenance,utilizing valuable tax dollars.
If the city accepts this change,this neighborhood ill no longer be safe for children at play.The
safety of the children that live on Bancroft Drive is our utmost concern.Our family and others in the
neighborhood have children that walk,run,and play in the street.Young children like to joyfully race to
the mailboxes,just located across 110 Bancroft Drive (applicant).It's quite an organic feeling with the
sight of watching kids ride bikes,carefree.We orry that rezoning would cause a higher rate of danger
ith heavier traffic to the children at play on Bancroft Drive.This would impact our children's growing
environment,leaving a lasting impact on their wellbeing.
Currently,Bancroft Drive has little traf?c coming in and out.There is no speed limit,no
sidewalks,and ends on a cul-de-sac,requiring one to turn around or back into someone’s personal
driveway to exit.USPS,emergency vehicles,waste companies,and other large vehicles that come into
the neighborhood,already have a hard time exiting Bancroft Drive because of its dead-end street,
especially during heavy snow fall.By having heavier traffic,Bancroft Drive will become severely
dilapidated at a rapid rate.This will increase the amount of tax funds being utilized due to the increased
traffic in the area.
Lastly,changing this site to a Business District would also lower the value of our homes.
Currently,110 Bancroft Drive (applicant),has large amounts of metal storage containers,junk cars and
several boats.This shows total disregard for fellow neighbors and our property values,which will get
worse if allowed to conduct business.We strongly recommend that the Bancroft Drive neighborhood
continues to stay for what's its original intent,which is a safe,quiet,and light traf?c neighborhood for
families to organically gro and strive in for generations to come.
For those reasons stated and many more,e,the owners of 116 Bancroft Drive,heavily oppose
the request for rezoning 110 Bancroft to a business district.
Thank you for the consideration,
Spencer &Saphfire Untalasco
Spencer Sa
ph
?r
e
Untalasco
116 Ba
ncr
oft
Drive
Kodiak,99
61
5
Resp
onse
toCase23-O15
Opp
osed
toRequest
AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 162 of 194
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 163 of 194
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 164 of 194
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 165 of 194
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COMMERCIAL TRACT ONE
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3A3B5A 5B10B24-A1LA N EK O D IA K
D R I V E
M IS S IO N
C O L L E G E
K O D IA K
D R I V E
C O L L E G E
BANCROFTDRIVE
VON
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CITY AIRPORT RD.CITY AIRPORT RD.BEAVERSELIEF LANEANDERSON WAYE A S T R E Z A N O F D R IV E
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SELIEFL A N E
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SAINT ELIAS CT
Public Hearing Notice µ
Case 23-015: Rezone from R1 - Single Family Residential to B- Business DistrictLocation: 110 Bancroft DriveApplicant: James Clifford Cole Trust
0 500 1,000250 Feet
This map is provided for informational
purposes only and is not intended for
any legal representations.
https://www.kodiakak.us
(907) 486-9336
Kodiak Island Borough GIS Legend
Subject Parcel
Notification Parcels
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 166 of 194
Parcels_proPACS_Data PACS_Data PACS_Data PACS_Data PACS_Data PACS_Data PACS_Data PACS_Data
16359 CITY OF KO 2409 MILL BAY RD PO BOX 1397
16304 KODIAK AR 2414 MILL BAY RD 3449 REZANOF DR E
16302 KODIAK CHRISTIAN 2320 MILL BAY RD 2320 MILL BAY RD
16301 KODIAK CO 2318 MILL BAY RD 2320 MILL BAY ROAD
16298 SONDACO, 2316 MILL BAY RD PO BOX 2338
16297 JAMES CLIF COLE 110 BANCROFT DR PO BOX 8372
16299 JIAZHEN CHEN 112 BANCROFT DR 112 BANCROFT DR
16259 MIDTOWN 2181 MILL BAY RD P.O. BOX 786
16293 ROBERT DIERICH 111 BANCROFT DR P.O. BOX 720
16294 CLOINE JOHATANQUE 113 BANCROFT DR 113 BANCROFT DR
16300 NEAL COOPER 114 BANCROFT DR 114 BANCROFT
16295 ERIC D & LACAMPBELL 115 BANCROFT DR 115 BANKCROFT DR
16296 SPENCER E UNTALASCO 116 BANCROFT DR 116 BANCROFT DR
16287 APEX LLC 2180 MILL BAY RD PO BOX 3198
16292 SALLY L CROCETTI 118 BANCROFT DR 118 BANCROFT DRIVE
16290 HOVERT M PASTOR 122 BANCROFT DR 122 BANCROFT DRIVE
16291 EVAN D COOMBS 120 BANCROFT DR 120 BANCROFT DR
16424 WOM AMER BAPTIST MREZANOF DE ATTN: OFFI 1075 1ST A
16261 RICHARD ROHRER 2191 MILL BAY RD PO BOX 2219
23933 BRANDON COX 119 BANCROFT DR PO BOX 1751
23934 MK ENTERP 2230 MILL BAY RD PO BOX 2338
24058 SONDACO, 2252 MILL BAY RD PO BOX 2338
24057 ALLAS ANG 117 BANCROFT DR 73-1450 KOKONA ST
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 167 of 194
PACS_Data PACS_Data PACS_Data_Mail_Zip
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KING OF PRPA 19406
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KODIAK AK 99615
KAILUA KO HI 96740
AGENDA ITEM #14.C.1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 168 of 194
B urr c kodnakaku
One
Ass
review work session for the purpose of reviewing
scheduled for the regular meeting.Applicants enc
opresentforCommissionerdiscussion.
The public is welcome to attend the packet revi
ew
wo
rk
session;however,theworksessionon
April 12,is not for the purpose of receiving pu
bli
c
testi
mon
y.
Applicantswhowishtopresent
testimony and/or evidence related to their case alsoappearatthePublicHearingduring
the Regular Meeting and present such informati
on
inpers
on
onApril19.
KIBC 17.195.040 D.The applicant shall provi
de
not
ice
ofthepublichearingbypostingthe
parcel(s)subject to the application for a varian
ce
wit
h
noticethatisclearlylegiblefromeach
improved street adjacent to the land.The notice
s
s
h
al
l
beinthestandardizedformprovidedby
the community development department and sha
ll
b
e
poste
d
foratleast20dayspriortothedate
of the public hearing.
also applies to all Condi
tional
UsePermitsandRezones.Community
ill complete a site visit to en
su
re
thiscodeismetbytheapplicant.
To whom it may concern:
rd yo
ur
RezoneApplication.Thereisascheduledpublichearingbefore
Zo
nin
g
Co
mm
issi
on
onWednesdayApril19,2023.Thismeetingbeginsat
mbl
y
locatedat710MillBayRoad,Kodiak,Alaska.
e meeting
,
onWednesday,April12,2023,at6:30p.m.inthe
at MillBayRoad,Kodiak,Alaska,thecommissionwillholdapacket
''materialsandstaffsummariesofcases
uragedtoattendtothismeetingtobe
Kodiak I
s
l
a
n
d
Boroug
hCommunityDepartment
710 BayRoadRoom202
Alaska99615
Phone (
907
)
4
8
6
-
9
3
6
3
Fax(907)486-9396
Re:23-
O15.
RequestRezoneofUSS3098Lot26AFromR1—Single-FamilyResidential
Dist
rict
toB—BusinessDistrict.
We are moving
the KIB Plannin
g
a
n
d
6:30 p.m.in the
week prio
r
t
o
th
embly Cha
mber
s
James ColeTrust
PO Bo
x
8
3
7
2
Kodiak
,
9961
5
KIB
C
1
7.
1
9
5.
0
4
O
D
Deve
lopm
ent
Staffw
3,2023 AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 169 of 194
DEW
.c0_..9_m000050>00..30>v_cm£.m0:m>0mc_.m>00mn_ovomm?t 0m_v_..0 mE0E0._:00.
05.00.:9:9»90000050020._0c0=mE.0.E__m:0_.._00m0030.0 .mc0_..m0:0m:__0:9mS0
>00._0>>mcm:0002,0.0E0Eo_0_0>0n_05 0.000000mmm0_n_
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>§9_8m ago
:>>>co._mAGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 170 of 194
Explanation of nee
d
&justificationforachangeoramendmentofzoning:
The appearstobebettersuitedforBusiness-commercialdeve|opment.Thepropertyis
adjacent t
o
zonedBusiness.ThisrezonewouldadjustthatB-Businesszoningdistrictboundry
to include t par
cel
.
Ideallywewouldhaveahouse,smallshopandrentalapartment.
The following information tobesuppliedbytheApplicant:
James Cole
P.O.Box 8372 Kodia
k,
A
K
.
99615
kodiakco|e@ao|.com
SUbdVI B|OCkILOTZa
110 Bancroft
Kodia
k
I
s
l
a
n
d
Borough
Community Department
710 B
ay
Rd.Rm205
Ko
dia
k
AK99615
Ph.(907)486 -Fax(907)486-9396
C
o
nt
i/
n
ue
d
onrevers
g
A
p
pl
ic
at
io
n
forRezoneKIBC17.205
Property Owner /A
p
pl
ic
an
t:
Mailing Address:
Phone Number:
Other Contact email
,
e
t
c
.:
Legal Description:
Pr
op
os
ed
Zoning:BusinessK|BC17_91
Cu
rre
nt
Zonin
g:
R1KIBC17.75
A
p
pl
ic
ab
le
Compreh
ensive
Plan:
16297
S
tr
e
et
Addr
ess:AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 171 of 194
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In compliance Titl
e
28U.S.C.1}1746(1),andexecutedWITHOUTTHEUNITEDSTATES,weaffirmunder
the penalties of perjury,tothelawsoftheDeJuregnitedStatesofAmerica,thattheforegoingistrue,correct,
and complete to the be
st
o
f
mybeliefandinformedknowledge.AndFurthertheDeponentSaithNot.Inowaf?xmy
Signature and OfficialS
e
al
totheaboveDocumentwithEXPLICITRESERVATIONOFALLOURUNALIENABLERIGHTS,
WITHOUTPREJUDICET
O
OFTHOSERIGHTS,incompliancewithUCC§1-308:
This contract is entered andexecutedwillingly,knowinglyandvoluntarilyingoodfaith,thisMonday,February
02,2015 A.D.
James:Cole,dul
y
a
p
p
o
i
n
te
d
bytheCreatorofthisorganization,asfirstTrustee,hereinacceptstheresponsibilitiesof
Trustee of JAM
ES
C
LI
FF
O
R
D
COLETRUSTandhereindeclaresthatthiscotractwithtrustprovisionsisinfull
force and effect oftheabovedate.ThisTrusteefurtherpledgestomanage,protectandpreservethetrustestate
through prudentofthepowersandauthoritiesprovidedherein.Further,the?rstTrusteehereinaffirmsthat
if additionalTru
ste
es
areappoint
ed
totheBoard,allactionsbysaidTmsteesshallhaveaconsensusofthemajority
of the Board of
we the undersigned W
itn
es
se
s
herebySTANDandAttestthattheforesigned,signedthisdocumentonthedate
liste
d
s
u
p
r
a
,
oftheirownFreeWiil,aswitnessedbyOurSignaturesbelow:
2
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ma
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3.&..,‘dag!
.SecondWitnessSignature
-
'807C70Address:'50?)Lu‘T:4’:
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ANDACCEPTEDASTRUSTEE
Trust
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ee.
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C
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&ACCEPTEDASTRUSTEE JA
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02202301:46AMHPFax9074060099
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AGENDA ITEM #14.C.1.Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Singl...Page 173 of 194
RECEIPT DESCRIPTION TRANSACTION AMOUNTPAYMENTCODE
Subdivision Fee NSubdivision Fee |$350.00
APPLICATION FOR REZONE
Payments:Type Detail Amount
Check ‘I136 $350.00
Total Amount:$350.00
Printed by:Teresa Medina Page 1 of 1 02/22/2023 11 :41 :26 AN
PAYMENT DATE KodiakIslandBorough
02/22/2023 710Mi”Baynd_
COLLECTION STATI
ON
Kodiak,AK99615
CASHIER
RECEIVED FROM
JAMES COLE
DESCRIPTION
APPLICATION FOR 110BANCROFT
BATCH NO.
2023-00000252
RECEIPT NO.
2023-00000771
CASHIER
Teresa Medina
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KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Confirmation Of Mayoral Appointment To The Parks and Recreation Committee
Of Mr. James Arneson
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to confirm the Mayoral appointment of Mr. James Arneson to the Parks and Recreation
Committee for a term to expire December 31, 2024.
DISCUSSION:
An application was received from Mr. James Arneson on June 1, 2023. There are currently two
vacant seats on the Parks and Recreation Committee and this appointment will place Mr.
Arneson in a vacant seat to expire December 31, 2024.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
The committee is empowered to identify existing and future recreation demands including
indoor and outdoor recreation; evaluate existing and future recreation needs; generate priorities
and action plans including a capital improvement program for parks and recreation; and review
and recommend revisions as necessary to the adopted comprehensive parks and recreation
plan.
Per KIBC 2.100.030 Appointments. A. Members of boards, committees, and commissions,
except for members of the board of adjustment, members of the board of equalization, and
elected service area board members, are appointed by the mayor and confirmed by the
assembly unless otherwise specifically provided elsewhere in this code
AGENDA ITEM #14.D.1.
Confirmation Of Mayoral Appointment To The Parks and Recreation Committe...Page 176 of 194
El ArchiIaecturalIEngineeIing Review Boar
d
El CitiznensBoardofEqualization
El KodiakFislIeIiesI)evelopmentAsoa'at'on
El Kocidrl-Tshelieslvolksmoup
3 Parksandnecmeationcommitl
aeeElPlanningandzoning Commission*
El solicl?astelulvisorysoard
El Other:
vk __oiliceof Borough*3’?Application For v1ouu:s:;noaa.noom2s
Boards,Committees,Commission “(£3
'
&Work Groups F“‘*7’“*9”
clerks@kodiakak.L
Please be aware thatthe information given on yourapplication is made availabletothe public.Staff will requin
the use of a mailing address,email address,and contact phone number to provide board and meeting
infonnation.The Information on this fonn will also provide the basic infonnation to the Mayor and Assemblg
Members on your interest in serving on the selected Board,Committee,Commission,or Work Group.
lrrfonnalion
FullName:J Ame9°"
,,hm,Md,essw,_e,ey°ucmm MW 3092 Spruce Cape Road
MailingAddress:same
Phone Number(s):
Emam,m(s,:jrarneson@gmai|.com
Employer/Occupation:reured
Checkllle ',''Work III’are '
D BayVieIvRoadServiceArea
El FireProtectionArea|lo.1
El Ilonashkanaylload 'Area
ElIlissionl.ake“TideGatae”ServiceArea
El ServiceAreallo.1
U WomensnayservicenrealloanlclWoodlandAa1es$treetI.iglrl:ServiceAreaPleasethe'ngAreyouaBoroughResident?BYes El No lfyes,for how long?33 YeaisAreyouaregisteredvoter?BYes El No AGENDA ITEM #14.D.1.Confirmation Of Mayoral Appointment To The Parks and Recreation Committe...Page 177 of 194
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AGENDA ITEM #14.D.1.Confirmation Of Mayoral Appointment To The Parks and Recreation Committe...Page 178 of 194
Rev. by IA
On: 05/19/2023
NAME TERM ENDS CONTACT NO. EMAIL
1 Brian Himelbloom
PO Box 1866
2025 (907) 512-7070
(907) 486-0822/1529
kayakadq@gmail.com
2 Ben Millstein
11188 Kalsin Dr.
2023 (907) 942-3083
(907) 486-2537
bmills@ak.net
3 Benjamin Vincent
418 Caroll Way #C8
2024 (907) 406-0270
btvincent2@gmail.com
4 Tracy Chandler
569 Leta St.
2025 (907) 539-1842 tracytchandler@gmail.com
5 Travis Cooper
326 Center Ave.
2024 (907) 205-5222 travis@islandtrails.org
6
2023
7
2024
EX OFFICIOS NON-VOTING (KIBC 2.12.010)
SEAT APPOINTEE CONTACT NO. EMAIL
1 Assembly
Member
Larry LeDoux
PO Box 1042
(907) 486-4966 larry.ledoux@kibassembly.org
2 Planning and
Zoning
Commissioner
Cort Neff
PO Box 8592
(907) 512-7272 cort.neff@kibplanning.org
Christopher Paulson
(Alternate)
1118 Steller Way
(907) 539-1973 christopher.paulson@kibplanning.org
3 City Parks &
Rec Director
Corey Gronn
315 Maple Ave
(907) 654-7559
(907) 486-8670
cgronn@city.kodiak.ak.us
4 State Park
Ranger
Ben Shryock
1400 Abercrombie Dr
(907) 486-6339 benjamin.shryock@alaska.gov
5 School Rep
STAFF:
Seema Garoutte
CDD Director
(907) 486-9350 sgaroutte@kodiakak.us
Associate Planner
Bronwyn Currie
CDD Permit Technician
(907) 486-9363 bcurrie@kodiakak.us
LEGISLATION:
Kodiak Island Borough Code 2.120, Parks and Recreation Committee
AGENDA ITEM #14.D.1.
Confirmation Of Mayoral Appointment To The Parks and Recreation Committe...Page 179 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Authorization To Cancel The June 29, 2023, Work Session And July 6, 2023,
Regular Meeting
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to cancel the June 29, 2023, work session and July 6, 2023, regular meeting, and
authorize the Borough Manager to schedule a special meeting as necessary.
DISCUSSION:
The Assembly adopted Resolution No. FY2023-16 on November 3, 2022, approving the
Assembly meeting calendar for the year 2023. Section 2 of the Resolution allows the assembly
to cancel meetings by motion.
ALTERNATIVES:
The Assembly may or may not cancel the work session or regular meeting.
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.30.030
A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m.
on the first and third Thursdays of each month, or such other time and place as may be
designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday
eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When
the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is
little or no business to be considered at a scheduled regular meeting, the assembly may cancel
such meeting and hear its business at the next regular meeting. Public notice of changed
meetings shall be made in at least one newspaper of general circulation in the borough.
Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to
which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended
by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and
place for resumption of the meeting.
AGENDA ITEM #14.D.2.
Authorization To Cancel The June 29, 2023, Work Session And July 6, 2023...Page 180 of 194
Kodiak Island Borough, Alaska Resolution No. FY2023-16
Page 1 of 1
Introduced by: KIB Assembly 1
Drafted by: Borough Clerk 2
Introduced on: 11/03/2022 3
Adopted on: 11/03/2022 4
5
KODIAK ISLAND BOROUGH 6
RESOLUTION NO. FY2023-16 7
8
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 9
THE ASSEMBLY MEETING CALENDAR FOR THE YEAR 2023 10
11
WHEREAS, the assembly routinely sets and adopts its meeting calendar for the following year 12
by resolution; and 13
14
WHEREAS, KIBC 2.30.030 further states that if a regular meeting falls on a holiday or holiday 15
eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack 16
of a quorum for holding a meeting occurs, or when there is little or no business to be considered 17
the assembly may cancel such meeting and hear its business at the next regular meeting; and 18
19
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 20
BOROUGH that: 21
22
Section 1. Adoption of Meeting Calendar: The Assembly Meeting Calendar for the Year 2023, 23
attached as Appendix A to this resolution and incorporated herein by reference, is approved. 24
25
Section 2. Revisions to Meeting Calendar. The Assembly may call or schedule additional 26
meetings, or may advance, postpone, or cancel meetings by motion or as otherwise authorized 27
in KIBC 2.30.030 when necessary. 28
29
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 30
THIS THIRD DAY OF NOVEMBER, 2022 31
32
33 VOTES: 34
Ayes: Delgado, Griffin, LeDoux, Smith, Smiley, Turner 35
One Vacant Seat on the Assembly 36
37
AGENDA ITEM #14.D.2.
Authorization To Cancel The June 29, 2023, Work Session And July 6, 2023...Page 181 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Mayoral Appointment Of Assembly Member Representatives To The Health
Facilities Advisory Board And Architectural And Engineering Review Board
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to appoint Assembly Member James Turner to the Health Facilties Advisory Board and
Assembly member Ryan Sharratt to the Architectural and Engineering Review Board
DISCUSSION:
Mayor Arndt, as an Assembly member, held seats on the Health Facilities Advisory Board
(HFAB) and Engineering Review Board (ARB). With his recent appointment as the Mayor, he
would like to appoint Assembly member Turner and Sharratt as his replacement to these
boards.
These appointments are made in accordance to Resolution No. FY2023-20 which requires
Assembly members to seat on the HFAB, and KIBC 2.125.030 which requires Assembly
members to seat on the ARB Board.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #14.D.3.
Mayoral Appointment Of Assembly Member Representatives To The Health Fac...Page 182 of 194
AGENDA ITEM #14.D.3.Mayoral Appointment Of Assembly Member Representatives To The Health Fac...Page 183 of 194
AGENDA ITEM #14.D.3.Mayoral Appointment Of Assembly Member Representatives To The Health Fac...Page 184 of 194
Rev. by NJ
On: 01/19/2023
NAME TERM ENDS CONTACT NO. EMAIL
1 Scott Arndt Annual
Appointment
(414) 791-3745 Please call instead of email
2 Jared Griffin Annual
Appointment
(907) 942-1903 Jarred.giffin@kibassembly.org
3 Geoffrey Smith Annual
Appointment
(907) 942-7277 Geoffrey.smith@kibassembly.org
4 Borough Manager With Office
5 E&F Director With Office (907) 486-9340 dconrad@kodiakak.us
STAFF:
The Borough manager or designee shall provide administrative assistance for this board.
LEGISLATION:
Resolution No. FY2023-20, Establishing a Health Facilities Advisory Board
This board shall remain active for a year (February 2, 2024) unless extended by resolution of the
Assembly.
AGENDA ITEM #14.D.3.
Mayoral Appointment Of Assembly Member Representatives To The Health Fac...Page 185 of 194
Rev. by IA
On: 05/19/2023
NAME TERM CONTACT NO. EMAIL
1 Jerrol Friend (Chair)
1950 Mill Bay Rd.
2023 (907) 539-1975
(907) 486-9308/1975
jerrol@friendcontractors.com
2 Jon Melin
2011 Mill Bay Road #2
2024
(907) 539-1589
jon.premier@alaska.net
3 Tyler Swanson
473 Curlew Way
2023 (907) 512-5568
(907) 481-1636
tys@kiha.org
4 Jascha Zbitnoff (Vice-Chair)
PO Box 9012
2025 (907) 942-3215 jascha@brechan.com
5 Codi Allen
412 A Sentinel Island Ave
2023 (907) 942-5925 codi.j.allen@gmail.com
6 Daniel Rohrer
PO Box 786
2025 (907) 486-0977 drohrer@kodiakak.net
7
2024
NON-VOTING EX-OFFICIOS
1 Aimee Williams Borough Manager (907) 486-9302 awilliams@kodiakak.us
2
Assembly Member
3 Cindy Mika School District Superintendent
or Designee
Cyndy.mika@kibsd.org
4 Duncan Fields School Board Representative (907) 317-5959
(907) 486-6393
(907) 486-8835
Dfields8925@gmail.com
STAFF
Dave Conrad E&F Director (907) 486-9340 dconrad@kodiakak.us
LEGISLATION:
Kodiak Island Borough Code 2.125 Architectural/Engineering Review Board
Kodiak Island Borough Code 15.45 Building Code Board of Appeals
By Laws Adopted and Ratified on September 2, 2010
AGENDA ITEM #14.D.3.
Mayoral Appointment Of Assembly Member Representatives To The Health Fac...Page 186 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Funding The Reimbursement Of Providence Kodiak Island Medical Center For
The Predesign Services And Schematic Level Design For The Air Handler Unit
At The Kodiak Hospital Facility
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to authorize the manager to fund and reimburse Providence Kodiak Island Medical Center
for the predesign services and schematic level design for the air handler unit at the hospital
facility.
DISCUSSION:
Providence was cited by the Joint Commission for for the lack of proper air flow and air
exchanges in various rooms during past inspection cycles. As neither Providence or the Kodiak
Island Borough worked to correct these deficiencies, either together or separately, the citations
were moved to a higher priority category for immediate correction.
This reimbursement for funding is for the pre-construction services and schematic level design
specific to the requirements to rebuild the main Air Handler Unit which will ensure compliance
to all spaces with the proper sizing and installation of a new fan wall. This work is to be funded
by Providence initially to expedite the design with a firm that is under contract with Providence.
The work is for a not to exceed the amount of $25,000.00.
ALTERNATIVES:
Seek alternate proposals or design firms. Refuse the request.
FISCAL IMPACT:
Design Cost - NTE $25,000.00
OTHER INFORMATION:
This is the second repair/replacement piece of equipment associated with the HVAC system at
the hospital facility. An AHU motor was recently replaced. It has been estimated that a potential
cost of over $500,000 will be required for the replacement of the 25 plus year old components
currently installed at the PKIMC Facility to upgrade the entire system. The component
replacement tact can result in the longer term upgrade of the system rather than immediate
complete replacement. The majority of the components are nearing or past their useful lifespan
and require replacement.
AGENDA ITEM #14.D.4.
Funding The Reimbursement Of Providence Kodiak Island Medical Center For...Page 187 of 194
Cool Air Mechanical
A l a s k a Commercial HVAC
6132 Nielsen Way
Anchorage, AK 99518
+907-868-2889
www.coolairalaska.com
Fee Proposal
To: Providence St. Joseph - Kodiak Hospital
Attn: Larry Mentzel
Re: Preconstruction Engineering: Kodiak Hospital AHU-1: 2022 - AK - 1015 PKIMC
AHU-1 Rebuild
Date, June 8th, 2023
Dear Larry Mentzel,
Cool Air Mechanical, Inc. (CAM) is pleased to have the opportunity to propose
this project. It is CAM’s understanding that this project requires immediate
progress. The proposal provided is intended to begin design development and
preconstruction services necessary to expedite the construction of the AHU rebuild.
A separate proposal will capture construction and additional design services that
may be required.
Fee Proposal: Not to Exceed: $25,000
Work Included:
1. Pre-Construction Services:
a. Provide predesign services and schematic level to begin verification of
system, CFM, Heating and Cooling demand and complete mechanical
code study to provide initial design requirements and existing system
limitations.
b. Develop final scope, schedule, and budget to complete all construction
requirements to rebuild AHU.
c. Begin Procurement and Buy-Out process of equipment and
subcontractors necessary to complete the final construction work.
Ryan Holta
President
AGENDA ITEM #14.D.4.
Funding The Reimbursement Of Providence Kodiak Island Medical Center For...Page 188 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Discussion Of Matters Involving Union Negotiations With The IBEW
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to convene into executive session to discuss matters involving negotiations with the IBEW
under the authority of KIBC 2.30.030(F) (1)(d) for the purpose of confidential communications
with, and providing direction to, the Borough's representative regarding negotiations with the
IBEW.
DISCUSSION:
This executive session is for the purpose of confidential communications with, and providing
direction to, the Borough's representative regarding labor negotiations with the IBEW
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #17.A.
Discussion Of Matters Involving Union Negotiations With The IBEW Page 189 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Discussion Of Matters Involving A Current Staff Member's Compensation
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to convene into executive session under the authority of KIBC 2.30.030(F)(1)(g) for the
purpose of discussing confidential personnel matters regarding a compensation of a current
staff member.
DISCUSSION:
This executive session is for the purpose of confidential personnel related communications with,
and providing direction to, the Borough Manager regarding compensation of a current staff
member.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.30.030 Types of Meetings
F. Executive Sessions
1. Upon adoption of a motion stating the purpose for an executive session the assembly in
closed session may discuss:
a. Potential or pending litigation to which the borough may become or is a party;
b. Any matter the immediate public knowledge of which would tend to affect adversely
the finances of the borough;
c. Any matter which would tend to defame or prejudice the character or reputation of any
person, except that the person may request a public discussion;
d. Matters involving negotiations with labor organizations representing borough
employees;
e. Matters which by law or ordinance are required to be confidential;
f. Confidential attorney-client communications made for the purpose of facilitating the
rendition of professional legal services to the borough;
g. Matters pertaining to personnel; and
h. Land acquisition or disposal.
AGENDA ITEM #17.B.
Discussion Of Matters Involving A Current Staff Member's Compensation Page 190 of 194
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 15, 2023
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Borough Clerk's Performance Evaluation
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to convene into executive session under the Authority of KIBC. 2.30.030 (F)(1)(C) to
discuss the Borough Clerk Performance Evaluation, a matter which might include a discussion
that could potentially prejudice her reputation and character.
Move to invite the Mayor and Assembly into executive session.
DISCUSSION:
Contract No. FY2022-40, Section 10 Evaluations, states that the Clerk shall receive a full
performance review annually on or prior to the contract anniversary date. The clerk was hired
on June 17, 2022. The Borough Clerk has been advised of the executive session and her right
to request public discussion. She does not object to the evaluation being done in executive
session.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.30.030 Types of meetings.
A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m.
on the first and third Thursdays of each month, or such other time and place as may be
designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday
eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When
the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is
little or no business to be considered at a scheduled regular meeting, the assembly may cancel
such meeting and hear its business at the next regular meeting. Public notice of changed
meetings shall be made in at least one newspaper of general circulation in the borough.
Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to
which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended
by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and
place for resumption of the meeting.
AGENDA ITEM #17.C.
Borough Clerk's Performance Evaluation Page 191 of 194
Date:March 7,2023
Call to order:5:30 pm
CommissionersPresent:Jason Chandler-Chair,Greg Egle-Vice Chair,Billy Ecret,Dave
Heuman-Secretary and Bill Roberts.2 vacant seats.
Dave Conrad,Fire chief.Kevin Amdt,Contractor
Approval of agenda by unanimousvote.
Approval of the minutes by unanimous vote for;
-Regular Meeting of February 7,2023
-Budget Public Hearing of February 21,2023
None
mm
1.Sanding,grading,potholes
2.No known date for asphalt plant startup
3.Watch Alitak Rd for washout possibility
9
1.approx.71%of budget expended to date
2.February work;potholes,plowing ,grading,pot holes.
3.Matthew Haig has withdrawn his applicationfor board membership.
Qli?nsinm
a.Radio Repeater on weather hold,to be installed on pole/marine hillb.Researching a new compressor for truck bay.2.Road Servicea.Sgt Ck Entrance;no update.
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2I.2023 AGENDA ITEM #19.A.Womens Bay Service Area Board MinutesPage 192 of 194
WOMENS BAY SERVICE BOA
RDREGULARMEETINGMI
NU
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S
2.Road Service;none
BE;Using Pick Ups plo
ws
insteadoftheRoadGradertoclearlargersnow-
falls is leaving too much sn
ow
ontheroads,duetolesserweightofthetrucks.
BR;Vlfillbe unable t
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AGENDA ITEM #19.A.Womens Bay Service Area Board MinutesPage 193 of 194
Date:April 4,2023
Call to order:5:35 pm
Commissioners Present:Jason Chandler-Chair,Greg Egle-Vice Chair,Billy Ecret,Dave
Heuman-Secretary.Bill Roberts excused.2 vacant seats.
Dave Conrad,Fire chief.Kevin Amdt and Brandon Cox,Contractor.Amy Vlfilliams,KIB
Mayor.
Approval of agenda by unanimous vote.
Approval of the minutes by unanimous vote for;
-Regular Meeting of March 7,2023
None
Qm
1.Sanding,Snow plowing,grading and potholes
2.Hotbox for asphalt pothole repair is ready for use.
9
1.March work;potholes,plowing ,grading,pot holes.
2.Approx.50k in budget remaining
Qld.B.usins-.5:
1.Fire Service
a.Radio Repeater on weather hold,to be installed on pole/marine hill
a.Sgt Ck Entrancei.DC had 2 meetings with DHSEM re:bridges on main highwayb.S Russ Ck Asphalt is in very poor conditioni.ditches need attention to remove standing waterii.potholes patching is minimally effective as the roadbed is pooriii.long term solution needs to be addressed
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2023 AGENDA ITEM #19.A.Womens Bay Service Area Board MinutesPage 194 of 194
WOMENS BAY SERVICE ARE
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REGULAR MEETING MINUT
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1.Fire Department
a.The new Bmsh T
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2.Road Service;none
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I'AGENDA ITEM #19.A.Womens Bay Service Area Board MinutesPage 195 of 194
Page 1 of 9
Kodiak Island Borough
Assembly Regular Meeting Guidelines
Assembly Chambers
Thursday, June 15, 2023, 6:30 p.m.
1. INVOCATION
MAJOR DAVE DAVIS OF THE SALVATION ARMY.
2. PLEDGE OF ALLEGIANCE
MAYOR ARNDT WILL LEAD THE PLEDGE OF ALLEGIANCE.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
MAYOR ARNDT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq
people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region.
We recognize the Alutiiq culture that enriches our community to this day.
4. ROLL CALL
KIBC 2.25.070… 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 Member Smith who
is absent due to personal leave.
VOICE VOTE ON MOTION
5. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed marked with an asterisk (*) are considered to be routine
and non-controversial items by the Assembly and will be approved by one
motion.
Recommended motion: Move to approve the agenda and consent
agenda.
VOICE VOTE ON MOTION
6. *APPROVAL OF MINUTES
A.
Special Meeting Minutes Of May 25, 2023, and June 8, 2023; and
June 1, 2023, Regular Meeting Minutes
Page 2 of 9
7. CITIZENS' COMMENTS
Agenda items not scheduled for public hearing and general comments.
Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-
9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to any
member thereof
4. If calling in – turn off any listening devices to prevent feedback
8. AWARDS AND PRESENTATIONS
A. Proclamation Declaring Filipino American Heritage Month In
Kodiak
Mayor Arndt, please read the proclamation and present it to
Kodiak Filipino-American Association President Mark
Vizcocho.
9. COMMITTEE REPORTS
10. PUBLIC HEARING
A.
Resolution No. FY2024-02 Re-Establishing The Fees Of The
Kodiak Island Borough
Recommended motion: Move to adopt Resolution No. FY2024-
02.
Staff report – Dora Cross, Finance Director
Open public hearing.
Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to
any member thereof
4. If calling in, turn off any listening devices to prevent
feedback
Close the public hearing.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
Page 3 of 9
B.
Ordinance No. FY2023-02C An Ordinance Of The Assembly Of
The Kodiak Island Borough Amending Ordinance No. FY2023-02,
Fiscal Year 2023 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional
Expenditures, And Moving Funds Between Projects
Recommended motion: Move to adopt Ordinance No. FY2023-
02C.
Staff report – Dora Cross, Finance Director
Open public hearing.
Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to
any member thereof
4. If calling in, turn off any listening devices to prevent
feedback
Close the public hearing.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
11. BOROUGH MANAGER’S REPORT
12. MESSAGES FROM THE BOROUGH MAYOR
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
Page 4 of 9
14.A. CONTRACTS
1.
Contract No. FY2023-28, Change Order No. 1,
Authorization To Purchase An Available Chassis For A
Bayside Fire Response Vehicle
Recommended motion: Move to authorize the Borough
Manager to award Contract No. FY2023-28, Change Order
No. 1, for a purchase of an available chassis for a Bayside
Fire Response Vehicle from Rebel Strike, LLC at an
increased amount of $14,000.
Staff Report – Dave Conrad, Engineering & Facilities
Director
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
2.
Contract No. FY2023-50 Authorizing The Manager To
Execute Contract With Convergint For The Kodiak Island
Borough Lenel System Service And Maintenance
Recommended motion: Move to authorize the Manager to
execute Contract No. FY2023-50 with Convergint for the
Kodiak Island Borough Lenel System Service and
Maintenance for a five-year contract in the amount of
$48,494.
Staff Report – Dave Conrad, Engineering & Facilities
Director
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
14.B. RESOLUTIONS - None
Page 5 of 9
14.C. ORDINANCES FOR INTRODUCTION
1.
Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey
3098 From R1-Single Family Residential District To B-
Business District
Recommended motion: Move to advance Ordinance No.
FY2024-03 to public hearing at the next regular meeting of
the Assembly.
Staff Report – Seema Garoutte, Assessor/Interim CDD
Director
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
14.D. OTHER ITEMS
1.
Confirmation Of Mayoral Appointment To The Parks and
Recreation Committee Of Mr. James Arneson
Recommended motion: Move to confirm the Mayoral
appointment of Mr. James Arneson to the Parks and
Recreation Committee for a term to expire December 31,
2024.
Staff Report – Nova M. Javier, MMC, Borough Clerk
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
2.
Authorization To Cancel The June 29, 2023, Work Session
And July 6, 2023, Regular Meeting
Recommended motion: Move to cancel the June 29,
2023, work session and July 6, 2023, regular meeting, and
authorize the Borough Manager to schedule a special
meeting, as necessary.
Staff Report – Nova M. Javier, MMC, Borough Clerk
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
Page 6 of 9
3.
Mayoral Appointment Of Assembly Member
Representatives To The Health Facilities Advisory Board
And Architectural And Engineering Review Board
Recommended motion: Move to appoint Assembly
Member James Turner to the Health Facilities Advisory
Board and Assembly member Ryan Sharratt to the
Architectural and Engineering Review Board.
Staff Report – Nova M. Javier, MMC, Borough Clerk
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
4.
Funding The Reimbursement Of Providence Kodiak Island
Medical Center For The Predesign Services And Schematic
Level Design For The Air Handler Unit At The Kodiak
Hospital Facility
Recommended motion: Move to authorize the manager to
fund and reimburse Providence Kodiak Island Medical
Center for the predesign services and schematic level
design of the air handler unit at the hospital facility.
Staff Report – Dave Conrad, Engineering & Facilities
Director
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
15. CITIZENS' COMMENTS
Agenda items not scheduled for public hearing and general comments.
Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-
9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to any
member thereof
4. If calling in – turn off any listening devices to prevent feedback
Page 7 of 9
16. ASSEMBLY MEMBERS’ COMMENTS
The next Assembly work session is scheduled on Thursday, July 13,
2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular
meeting is scheduled on Thursday, July 20, 2023, at 6:30 p.m. in the
Borough Assembly Chambers.
The Borough offices will be closed on Monday, June 19, 2023, in
observance of Juneteenth Holiday.
17. EXECUTIVE SESSION A. Discussion Of Matters Involving Negotiations With The IBEW
Recommended motion: Move to convene into executive session
to discuss matters involving negotiations with the IBEW under the
authority of KIBC 2.30.030(F)(1)(d) for the purpose of confidential
communications with, and providing direction to, the Borough's
representative regarding negotiations with the IBEW.
Assembly discussion.
ROLL CALL VOTE ON MOTION
Recommended motion: Move to invite the Mayor, Assembly, Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, and the Borough Clerk into executive session.
VOICE VOTE ON MOTION
After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session.
Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces
• No action is to be taken as a result of the executive session. Direction may be given to the Manager to proceed with negotiations.
-or-
• The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE
RESULTED FROM THE EXECUTIVE SESSION.
Page 8 of 9
B.
Discussion Of Matters Involving A Current Staff Member's
Compensation
Recommended motion: Move to convene into executive session
under the authority of KIBC 2.30.030(F)(1)(g) for the purpose of
discussing confidential personnel matters regarding a
compensation of a current staff member.
Assembly discussion.
ROLL CALL VOTE ON MOTION
Recommended motion: Move to invite the Mayor, Assembly,
Borough Manager, and Borough Clerk into executive session.
VOICE VOTE ON MOTION
After the vote, Mayor Arndt recesses the regular meeting and
convenes the executive session.
Upon returning from the executive session, Mayor Arndt
reconvenes the special meeting and announces
• No action is to be taken as a result of the executive session.
-or-
• The Assembly may make a motion if necessary. The
Assembly must state the motion and vote outside of
executive session.
ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE
RESULTED FROM THE EXECUTIVE SESSION.
Page 9 of 9
C.
Borough Clerk's Performance Evaluation
Recommended motion: Move to convene into executive session
under the Authority of KIBC. 2.30.030 (F)(1)(C) to discuss the
Borough Clerk Performance Evaluation, a matter which might
include a discussion that could potentially prejudice her reputation
and character.
Assembly discussion.
ROLL CALL VOTE ON MOTION
Recommended motion: Move to invite the Mayor and Assembly
into executive session. The Clerk will be invited in at a later time.
VOICE VOTE ON MOTION
After the vote, Mayor Arndt recesses the regular meeting and
convenes the executive session.
Upon returning from the executive session, Mayor Arndt
reconvenes the special meeting and announces
• No action is to be taken as a result of the executive session.
-or-
• The Assembly may make a motion if necessary. The
Assembly must state the motion and vote outside of
executive session.
ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE
RESULTED FROM THE EXECUTIVE SESSION.
18. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION
KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular /special __ _ Date: Q&!t:J! JQ,;l ?, (})
Convened: -------Recessed: -------Reconvened: _____ _ Adjourned: _____ _
BY: BY: <;s BY: 0S BY: (-:77 BY: lY
SECOND:i\)./ SECOND: Rs SECOND: SECOND: LV SECOND:
91 ~ ~~ ~o~ \!\~
Hs\ ~ \~
\A~V \f'l~~
~¢D &-0D /
YES NO YES NO YES NO YES NO YES NO
Mr. Delgado v Mr. Delgado Mr. Delgado Mr. Delgado 1/ Mr. Delgado ~ ~ V
Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin , V Mr. Griffin lA ~✓
Mr. LeDoux ✓ Mr. LeDoux Mr. LeDoux Mr. LeDoux )t:' ✓ Mr. LeDoux ✓
Mr. Sharratt ✓ Mr. Sharratt Mr. Sharratt Mr. Sharratt lY' \I. Mr. Sharratt v
Mr. Smiley v Mr. Smiley Mr. Smiley Mr. Smiley v Mr. Smiley V .
Mr. Smith ~✓ Ur c-:~1,.,. P.Ar C.....,ith I\Ar c-._,,,ith &A-l"-!U .. . -.. ..
Mr. Turner \/ Mr. Turner Mr. Turner Mr. Turner . ✓ Mr. Turner V
~OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?I
TOTAL: TOTAL: TOTAL: TOTAL: (() u TOTAL: IA.A--
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 assemb ly . I
Mayor Arndt ✓ Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular 'I/ Special __ _
. ~
Date: o&(! ,;-/~c} j
Convened: -------Recessed: -------Reconvened: ------Adjourned: _____ _
BY: \;\J BY: ((S BY: ~j BY:~ BY: S>
SECOND:~ SECOND CS&\ SECOND:~ SECOND: l,lJ SECOND:~
~\'If, a-C:lb
(Jr~ \Jty t {)J 't ~ ,, XI G {)_od-1J ~S'b
?/~ ,z\~'} 13\)\) ~ Jf?D 1°i
YES NO YES NO ~s NO YES NO YES NO
.. . ~
Mr. Delgado ':k ✓ Mr. Delgado v Mr. Delgado J/ Mr. Delgado t/ Mr. Delgado :::J; v
Mr. Griffin V Mr. Griffin ✓ Mr. Griffin \I Mr. Griffin V Mr. Griffin V
Mr. LeDoux V Mr. LeDoux ~ ✓ Mr. LeDoux v Mr. LeDoux V Mr. LeDoux V
Mr. Sharratt ✓ Mr. Sharratt ✓ Mr. Sharratt v,, Mr. Sharratt V Mr. Sharratt V #
Mr. Smiley V Mr. Smiley ✓ Mr. Smiley .>( ✓ Mr. Smiley V Mr. Smiley ✓
••• C"-:•1.. I\A• ,... •. , I\Ar ,... !.o.L I\Ar c--:•1.. ••• c--:•I.. . -.. . -,. . -..
, / ,
Mr. Turner ✓ Mr. Turner v Mr. Turner ti Mr. Turner 'I}' V Mr. Turner V
I W OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE ?I .
TOTAL: i ~ 1./.. TOTAL: ~ Q TOTAL: (17 0 TOTAL: (tJ OI TOTAL: La ()
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 Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt
Regular L Special __ _
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Date {)0 /!s/cJ 3 CD
Convened: -------Recessed: -------Reconvened: ------Adjourned: _____ _
BY: s~ BY: Cf-r BY: C}J BY: Cf; BY:~
SECOND: \;v SECOND: w SECOND: \J .J SECOND: ·\_\/ SECOND: ~
0r~· ~~· ~~ ~~ ~ \\"f ~vJ
-z\~U(\fJ ~~\,0 ~
~u
I YES NO YES NO YES' NO YES NO YES NO
Mr. Delgado V Mr. Delgado v Mr. Delgado ✓ Mr. Delgado v Mr. Delgado ti
Mr. Griffin ~ ✓ Mr. Griffin ✓ Mr. Griffin v Mr. Griffin V Mr. Griffin V
Mr. LeDoux ✓ Mr. LeDoux '% v Mr. LeDoux LI . Mr. LeDoux V, Mr. LeDoux V
Mr. Sharratt V Mr. Sharratt ✓ Mr. Sharratt ~ V Mr. Sharratt V Mr. Sharratt V .
Mr. Smi ley V Mr. Smiley v Mr. Smiley v Mr. Smiley if¥ ✓ Mr. Smiley V
Mr c · ~ ... -t.Ar C'-:•t.. Mr. Smith Mr. Smith ,. I. VI I UUI -·
/ ,
Mr. Turner V Mr. Turner V Mr. Turner V Mr. Turner V Mr. Turner }Jy ti
iW OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL: f (4 TOTAL: lo rJ TOTAL: l~ r1', TOTAL: (n 0 TOTAL: to n
The mayor may n ot vote except in the case where only six members of the assen bly are present and there is a thr ee/three tie vote of the assembfy .
Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt
Regular J_ Special __ _
Convened : -------
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Recessed: (J : '-t q Reconvened: 1 : t7 b
Date: ad J:i/;J: '.) @)
Adjourned: _____ _
BY: ~ BY: Cf; BY: 5s BY: Cf7 BY: c;7
SECOND: \)._; SECOND: W SECOND: \JJ SECOND:~ SECOND: Ll/
\t{)) l V\vl ·~ ~ ~
~ ~,,9/6 cY,c\#~
9:;.1J\{} ~ cr\0 ~~ i,
~~~ \,\ \j'J'
YES .1 f"NO YES NO YES ' NO YES NO YES NO
Mr. Delgado ~ v . Mr. Delgado Mr. Delgado v Mr. Delgado Mr. Delgado i/
Mr. Griffin V Mr. Griffin Mr. Griffin ~ ✓ Mr. Griffin Mr. Griffin v
Mr. LeDoux \/ Mr. LeDoux Mr. LeDoux V. Mr. LeDoux Mr. LeDoux i\,; v
Mr. Sharratt \/ Mr. Sharratt Mr. Sharratt V Mr. Sharratt Mr. Sharratt ✓
Mr. Smiley \/ Mr. Smiley Mr. Smiley ✓ Mr. Smiley Mr. Sm il ey V
~ rv ~--·-~ ~ ~--
-fl~~ ~ .... , ~c ~
i'--/ =-...... .,,.--.. -v'"~ "''--?-~ •~•/\I I --~ ---~
Mr. Turner V M r. Turner M r. Turner V M r. Turner M r. Turner ✓
I :W OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? r:--.
TOTAL: / 0 r() TOTAL: TOTAL: ( t' 0 TOTAL: TOTAL: (o,, u
The mayor may not vote except in the case where only six members of the asse m bly are present and there is a three/three tie vote of the assembly.
Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular L. Special __ _
~
Date Q(_o I/SI :J::/IfJ
Convened: -------Recessed: -------Reconvened: ------Adjourned: q ! l S
BY: ~0 BY 0 7 BY:~ BY: BY:
SECOND: vi SECOND: U/ SECON ~ SECOND: SECOND:
\~~~} \~~ ~~v
;;· ~~-~\~ vvv
I YES NO YES NO YES NO YES NO YES NO
Mr. Delgado Mr. Delgado v Mr. Delgado Mr. Delgado Mr. Delgado
Mr. Griffin Mr. Griffin v/ Mr. Griffin Mr. Griffin Mr. Griffin
Mr. LeDoux Mr. LeDoux 41).. V Mr. LeDoux Mr. LeDoux Mr. LeDoux
~
Mr. Sharratt Mr. Sharratt VP Mr. Sharratt Mr. Sharratt Mr. Sharratt
Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smiley
~ v--~ ~~~~ ~ ~ . -,;u,......__....... ' '--'
.-M ~:~L r. -._ ~ L/ Mr~ __,.. r'
✓
Mr. Turner Mr. Turner v Mr. Turner Mr. Turner Mr. Turner
WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?' I
--
TOTAL: TOTAL: lo tJ TOTAL: 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 Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt
ASSEMBLY'S PREROGATIVE IN JUDGING VOTING PROCEDURE
Unless the bylaws provide otherwise, the Assembly itself is the judge of all questions arising that are incidental to the voting or the counting
of the votes. In an election by ballot, for example, the tellers (p.401, I. 16-21) should refer to the Assembly for decision on all questions on
which there is any uncertainty.
REQUIRED VOTES FOR MOTIONS
• (Motions requiring 2/3 vote to carry (7 present requires 5)
✓ Reconsideration on the same day
✓ Suspension of rules
✓ Limit of extend debate
✓ Declaring vacancy on the Assembly and Office of the Mayor
✓ Budget Adoption Veto -Override
✓ Extending the adjournment time beyond 11 p.m .
Attorney's opinion dated April 6 1 2023
Absences do not reduce the vote requirement. Otherwise, if there were only four ( 4) present, it might mean that 3 votes would
approve a motion. The court is more likely to treat it as the number of votes of the fully constituted body, and would only reduce the
number of persons were disqualified not just absent. He expected a court to read the voting requirement to include 2/3 of the FULL
membership not just those who are in attendance .
• Majority vote is majority of the membership (quorum)
✓ Point of Order (KIBC 2.30.080)
✓ Previous Question
✓ Recess -not to exceed 20 minutes
✓ Appealing the decision of the chair when it comes to conflict of interest
✓ Extending the adjournment time beyond 10:30 p.m.
✓ Appointing the DPO requires majority
✓ Appointing a Manager (no sooner than one year after leaving Mayor/Assembly office)
✓ Calling a special meeting
✓ The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the
members by a majority vote agree to do so.
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
Kodiak Island Borough
Assembly Newsletter
Vol. FY2023, No. 39 June 16, 2023
At Its Regular Meeting Of June 15, 2023, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On July 6, 2023, At 6:30
P.M. In The Borough Assembly Chambers.
PROCLAIMED The Month Of June Filipino American Heritage Month In Kodiak Urging All Citizens To
Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands.
AMENDED, ADOPTED Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island
Borough.
ADOPTED Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Island Borough
Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds
Between Projects.
AUTHORIZED Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An Available
Chassis For A Bayside Fire Response Vehicle From Rebel Strike, LLC At An Increased Amount Of
$14,000.
AUTHORIZED Contract No. FY2023-50 Authorizing The Manager To Execute Contract With Convergint
For The Kodiak Island Borough Lenel System Service And Maintenance For A Five-Year Contract In The
Amount Of $48,494.
FAILED TO ADVANCE Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single
Family Residential District To B-Business District.
CONFIRMED The Mayoral Appointment To The Parks And Recreation Committee Of Mr. James Arneson
For A Term To Expire December 31, 2024.
AUTHORIZED The Cancelation Of The June 29, 2023, Work Session And July 6, 2023, Regular Meeting
And Authorized The Manager To Schedule A Special Meeting As Necessary.
CONFIRMED The Mayoral Appointment Of Assembly Member James Turner To The Health Facilities
Advisory Board And Assembly Member Ryan Sharratt To The Architectural And Engineering Review
Board.
AUTHORIZED The Manager To Fund And Reimburse Providence Kodiak Island Medical Center For The
Predesign Services And Schematic Level Design For The Air Handler Unit At The Hospital Facility.
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
CONVENED INTO EXECUTIVE SESSION To Discuss Matters Involving Negotiations With The IBEW
Under The Authority Of KIBC 2.30.030(F) (1)(D) For The Purpose Of Confidential Communications With,
And Providing Direction To, The Borough's Representative Regarding Negotiations With The IBEW.
INVITED The Mayor, Assembly, Borough Manager Aimee Williams, Engineering And Facilities Director
Dave Conrad, Finance Director Dora Cross, And The Borough Clerk Into Executive Session. DIRECTED
The Borough Manager To Proceed With The Negotiation Process.
CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC 2.30.030(F)(1)(G) For The
Purpose Of Discussing Confidential Personnel Matters Regarding A Compensation Of A Current Staff
Member. INVITED The Mayor, Assembly Members, And Borough Manager Into Executive Session.
Direction Was Given To The Manager On How To Address The Compensation Of The Current Staff
Member.
CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC. 2.30.030 (F)(1)(C) To Discuss
The Borough Clerk Performance Evaluation, A Matter Which Might Include A Discussion That Could
Potentially Prejudice Her Reputation And Character. INVITED The Mayor and Assembly Members Into
Executive Session. The Clerk Was Invited In At A Later Time. INCREASED The Salary Of The Borough
Clerk To $149,971.50 Effective January 1, 2023.
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
Kodiak Island Borough
Assembly Newsletter
Vol. FY2023, No. 39 June 16, 2023
At Its Regular Meeting Of June 15, 2023, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On July 6, 2023, At 6:30
P.M. In The Borough Assembly Chambers.
PROCLAIMED The Month Of June Filipino American Heritage Month In Kodiak Urging All Citizens To
Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands.
AMENDED, ADOPTED Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island
Borough.
ADOPTED Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Island Borough
Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds
Between Projects.
AUTHORIZED Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An Available
Chassis For A Bayside Fire Response Vehicle From Rebel Strike, LLC At An Increased Amount Of
$14,000.
AUTHORIZED Contract No. FY2023-50 Authorizing The Manager To Execute Contract With Convergint
For The Kodiak Island Borough Lenel System Service And Maintenance For A Five-Year Contract In The
Amount Of $48,494.
FAILED TO ADVANCE Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single
Family Residential District To B-Business District.
CONFIRMED The Mayoral Appointment To The Parks And Recreation Committee Of Mr. James Arneson
For A Term To Expire December 31, 2024.
AUTHORIZED The Cancelation Of The June 29, 2023, Work Session And July 6, 2023, Regular Meeting
And Authorized The Manager To Schedule A Special Meeting As Necessary.
CONFIRMED The Mayoral Appointment Of Assembly Member James Turner To The Health Facilities
Advisory Board And Assembly Member Ryan Sharratt To The Architectural And Engineering Review
Board.
AUTHORIZED The Manager To Fund And Reimburse Providence Kodiak Island Medical Center For The
Predesign Services And Schematic Level Design For The Air Handler Unit At The Hospital Facility.
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
CONVENED INTO EXECUTIVE SESSION To Discuss Matters Involving Negotiations With The IBEW
Under The Authority Of KIBC 2.30.030(F) (1)(D) For The Purpose Of Confidential Communications With,
And Providing Direction To, The Borough's Representative Regarding Negotiations With The IBEW.
INVITED The Mayor, Assembly, Borough Manager Aimee Williams, Engineering And Facilities Director
Dave Conrad, Finance Director Dora Cross, And The Borough Clerk Into Executive Session. DIRECTED
The Borough Manager To Proceed With The Negotiation Process.
CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC 2.30.030(F)(1)(G) For The
Purpose Of Discussing Confidential Personnel Matters Regarding A Compensation Of A Current Staff
Member. INVITED The Mayor, Assembly Members, And Borough Manager Into Executive Session.
Direction Was Given To The Manager On How To Address The Compensation Of The Current Staff
Member.
CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC. 2.30.030 (F)(1)(C) To Discuss
The Borough Clerk Performance Evaluation, A Matter Which Might Include A Discussion That Could
Potentially Prejudice Her Reputation And Character. INVITED The Mayor and Assembly Members Into
Executive Session. The Clerk Was Invited In At A Later Time. INCREASED The Salary Of The Borough
Clerk To $149,971.50 Effective January 1, 2023.