2024-09-19 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, September 19, 2024, 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 You Tube
Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting
packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing.
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. Regular Meeting Minutes Of September 5, 2024 4 - 7
20240905 RM Minutes
7. CITIZENS' COMMENTS
8. AWARDS AND PRESENTATIONS
9. COMMITTEE REPORTS
Iii to�all :34[ypl2F_1V1017
A. Ordinance No. FY2025-05, An Ordinance Of The Assembly Of 8-60
The Kodiak Island Borough Rezoning Kodiak Townsite Block 8
Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite Block
8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay
Page 0 of 100
Road, And 206 Kashevaroff Avenue) From R3—Multifamily
Residential District To B—Business District
Aaenda Item Reaort - Pdf
B. Ordinance No. FY2025-07, Amending Kodiak Island Borough 61 -66
Code Section 1.10.030 Definitions And Section 2.20.080
Executive Absence To Clarify The Role, Responsibilities, And
Pay Incentives Of The Administrative Official
Agenda Item Report - Pdf
11. BOROUGH MANAGER'S REPORT
A 2024-09-19 Borough Manager's Report 67-76
12. MESSAGES FROM THE BOROUGH MAYOR
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14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2025-20, One Year Contract With Matson 77-85
Navigation Company Of Alaska, Inc. For Metals
Processing And Handling
Agenda Item Report - Pdf
14.B. RESOLUTIONS
14.C. ORDINANCES FOR INTRODUCTION
14.D. OTHER ITEMS
1. Appointment Of The October 1, 2024, Regular Municipal 86-90
Election Officials
Agenda Item Report - Pdf
15. CITIZENS' COMMENTS
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
18. INFORMATIONAL MATERIALS
A. Solid Waste Advisory Board Regular Meeting Minutes Of May 21, 91 -98
Solid Waste Contract Committee Minutes Of June 4, 2024, and
Womens Bay Service Area Board Minutes Of August 8, 2024
Page 1 of 100
Minutes Binder
B Meeting Materials
99-100
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 2 of 100
AGENDA ITEM #6.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
September 5, 2024
A regular meeting of the Kodiak Island Borough Assembly was held on September 5, 2024, in
the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were
Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz.
INVOCATION
The invocation was given by Cadet Joe Duran 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 Steve Ames, Jared Griffin, Ryan
Sharratt, Scott Smiley, James Turner, and Bo Whiteside.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and consent agenda.
VOICE VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES (Approved under consent agenda)
A. Regular Meeting Minutes of August 15, 2024
7. CITIZENS' COMMENTS
The following spoke under citizen's comments:
• Toby Sullivan
• Sue Jeffrey
8. AWARDS AND PRESENTATIONS
1. Proclamation Declaring September 16-20, 2024, Kodiak Adult Education And
Family Literacy Week
Mayor Arndt proclaimed September 16-20, 2024, as Kodiak Adult Education and
Family Literacy Week encouraging all residents to become familiar with the
services and benefits offered by the Adult Education and Literacy programs in
Kodiak, Alaska and to support and participate in these programs. Ms. Linda
Himelbloom received the proclamation from Mayor Arndt.
Kodiak Island Borough Assembly Regular Meeting Minutes
Regular MeftMdlffibeta G@Fytptember 5, 2024 F%g%'bJ4 4
AGENDA ITEM #6.A.
9. COMMITTEE REPORTS
1. Cook Inlet Regional Citizens Advisory Council (CIRCAC) Presentation
Sue Saupe, CIRCAC Director of Science and Research, gave a presentation on
the current activities of the Cook Inlet Regional Advisory Council.
10. PUBLIC HEARING
1. Ordinance No. FY2025-06, Amending Various Sections In Title 2 Administration
And Personnel And Title 3 Revenue And Finance In Order To Clarify The
Interpretation Of The Two -Thirds Vote Of The Governing Body
SMILEY moved to adopt Ordinance No. FY2025-06.
Mayor Arndt opened the public hearing. Hearing and seeing no comments, he
closed the public hearing.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Sharratt, Smiley, Turner, and Whiteside.
11. BOROUGH MANAGER'S REPORT
Borough Manager Williams provided a manager's report, and it was included in the
meeting packet.
Assembly member Ames arrived at 7:10 p.m. and participated in the meeting.
12. MESSAGES FROM THE BOROUGH MAYOR
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2025-05, Agreement For The Provision Of Destination
Marketing And Tourism Development Program With Kodiak Island Convention
and Visitors Bureau (Discover Kodiak)
SMILEY moved to authorize the Borough Manager to sign Contract No. FY2025-
05 agreement for the provision of Destination Marketing and Tourism
Development program with Kodiak Island Convention and Visitors Bureau
(Discover Kodiak).
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt,
Smiley, Turner, Whiteside, Ames, and Griffin.
2. Contract No. FY2025-22, Baler Floor Overlay Replacement By RAM
Enterprises, Inc. In The Amount Of $207,896.23
Kodiak Island Borough Assembly Regular Meeting Minutes
Regular MeftMdlffibeta G@Fytptember 5, 2024 rF %:oJ4 g4
AGENDA ITEM #6.A.
SMILEY moved to authorize the Borough Manager to award Contract No.
FY2025-22 to RAM Enterprises, Inc. for the baler floor overlay replacement in
the amount of $207,896.23.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Turner, Whiteside, Ames, Griffin, and Sharratt.
14.B. RESOLUTIONS
1. Resolution No. FY2023-03D, Amending The Kodiak Island Borough Records
Retention Schedule and Central Filing System To Reflect Amendments To The
Data Processing Series and Eliminating The Childcare Assistance Office Series
SMILEY moved to adopt Resolution No. FY2023-03D.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Whiteside, Ames, Griffin, Sharratt, and Smiley.
14.C. ORDINANCES FOR INTRODUCTION
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak
Island Borough Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block
8 Lot 4, And Kodiak Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay
Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From R3—Multifamily
Residential District To B—Business District
SMILEY moved to advance Ordinance No. FY2025-05 to public hearing at the
next regular meeting of the Assembly.
Assembly Member Turner announced a conflict of interest, citing that his
residential property is located only a few houses away from the area designated
for the proposed rezone. He expressed concern that this development could
affect the value of his property.
Mayor Arndt ruled that Assembly Member Turner has a conflict of interest and
ruled that he should abstain from participating in discussions regarding the
proposed rezone.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside,
Ames, Griffin, Sharratt, and Smiley.
2. Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section
1.10.030 Definitions And Section 2.20.080 Executive Absence To Clarify The
Role, Responsibilities, And Pay Incentives Of The Administrative Official
SMILEY moved to advance Ordinance No. FY2025-07 to public hearing at the
next regular meeting of the Assembly.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames,
Griffin, Sharratt, Smiley, Turner, and Whiteside.
Kodiak Island Borough
Regular MeSiodlffibeta G@Fytptember 5, 2024
Assembly Regular Meeting Minutes
AGENDA ITEM #6.A.
14.D. OTHER ITEMS
1. Approval Of A Letter To The Alcoholic Beverage Control Board Regarding The
Possible Revocation Of The Restaurant Or Eating Place License Renewal
Application For Sizzler Burger And Peking Restaurant (License #2611)
SMILEY moved to approve the letter to the State Of Alaska Alcoholic Beverage
Control Board regarding the possible revocation of the Restaurant or Eating
Place License Renewal Application For Sizzler Burger And Peking Restaurant
(License #2611).
GRIFFIN moved to amend the letter and change the word revocation to protest.
ROLL CALL VOTE ON THE MOTION TO AMEND FAILED FIVE TO ONE:
Sharratt, Smiley, Turner, Whiteside, and Ames (NOES); Griffin (AYE).
ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY:
Sharratt, Smiley, Turner, Whiteside, Ames, and Griffin.
15. CITIZENS' COMMENTS
Toby Sullivan spoke under citizen's comments.
16. ASSEMBLY MEMBERS' COMMENTS
Assembly Member Griffin highlighted the Adult Education and Family Literacy
Week proclamation. He mentioned the sources of grants and other resources
for the program.
Assembly Member Sharratt noted that the Borough should do better in holding
its tenants accountable when it comes to the maintenance of Borough buildings.
He mentioned his observation to the way people are disposing trash at the
dumpsters and the need to increase awareness for the unacceptable practices
when disposing trash.
There were no comments from the remaining Assembly members.
17. ADJOURNMENT
SMILEY moved to adjourn the meeting at 8:05 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Kodiak Island Borough
Regular Me&OdWibeta G@Fytptember 5, 2024
ATTEST:
Nova M. Javier, Borough Clerk
Assembly Regular Meeting Minutes
AGENDA ITEM #10.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 19, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak
Island Borough Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite
Block 8 Lot 4, And Kodiak Townsite Block 8 Lot 3a (Common Addresses 211
Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From R3—
Multifamily Residential District To B—Business District
ORIGINATOR: Chris French, CDD Director
RECOMMENDATION:
Move to adopt Ordinance No. FY2025-05.
DISCUSSION:
The Planning & Zoning Commission at its regular meeting on July 17, 2024, the Commission
voted 6 to 0 and unanimously recommended approval of Case No. 24-014 to the Kodiak
Island Borough Assembly for a rezone of Kodiak Townsite Block 8 Lot 3, Kodiak Townsite
Block 8 Lot 4, And Kodiak Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay Road,
215 Mill Bay Road, and 206 Kashevaroff Avenue) From R3—Multifamily Residential District To
B—Business District. Notice were mailed out to 46 to surrounding property owner; one
comment in favor of the rezone was submitted prior to the public hearing. At the public
hearing the applicant and representatives of the Maritime Museum spoke in favor of the
rezone request; no one spoke in opposition.
The findings of fact in support of the approval of this rezoning are:
1. That rezoning 211 Mill Bay Road, 215 Mill Bay Road, 206 Kashevaroff Avenue from
the R3 residential zone to the B business zone, although inconsistent with the future
land use map, would not have an adverse impact on the aesthetic and character of the
surrounding community as several parcels bordering and across the street from the
applicant's properties are already zoned B business.
2. That rezoning 211 Mill Bay Road, 215 Mill Bay Road, 206 Kashevaroff Avenue from
the R3 multi -family residential zone to the B business zone could serve to further the
goals of the 2008 Comprehensive Plan which calls for the "Enhancement of the Visitor
Industry's role as a significant component of the Kodiak Region's economy."
According to the applicant, he is interested in changing the zoning classification for 211 Mill
Bay Road, 215 Mill Bay Road, and 206 Kashevaroff Avenue from R3 — Multifamily Residential
to B — Business District. The applicant's stated goal is to rezone these parcels before he
donates them to the Kodiak Maritime Museum, in order to consolidate the three parcels and
modify the existing historic house at 211 Mill Bay Road to serve as a physical maritime
museum.
The applicant's justification for the rezone request, although the request is inconsistent with
the future land use map, the applicant argues that the rezone is consistent with zoning in the
area and that the request directly supports the goals and objectives of the 2008
comprehensive plan, more specifically goals related to enhancing the visitor industry's role as
a significant component of the borough's economy and in addition, establishing a
Kodiak Island Borough
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 8 of 99
AGENDA ITEM #10.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 19, 2024
4 '
�s ASSEMBLY REGULAR MEETING
maritime/fisheries museum in Kodiak.
Pursuant to KIBC 17.205.075, section 3 of the rezone ordinance includes a statement
regarding the change in the future land use designation of the three properties from urban
residential to business.
Clerk's note: 48 public hearing notices were mailed out on September 6, 2024. Returned
public hearing notices will be distributed to the Assembly.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
This ordinance was submitted to the Assembly on August 15, 2024. At that time, it did not
progress to a public hearing. Mayor Arndt requested that this ordinance be included once
more on the agenda for September 5.
KIBC 2.30.070 Ordinances
L. 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.
Kodiak Island Borough
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 9 of 99
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AGENDA ITEM #10.A.
CORRECTED VERSION
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-05
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
KODIAK TOWNSITE BLOCK 8 LOT 3, KODIAK TOWNSITE BLOCK 8 LOT 4, AND KODIAK
TOWNSITE BLOCK 8 LOT 3A (COMMON ADDRESSES 211 MILL BAY ROAD, 215 MILL BAY
ROAD, AND 206 KASHEVAROFF AVENUE) FROM R3—MULTIFAMILY RESIDENTIAL
DISTRICT TO B—BUSINESS DISTRICT
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 19.40 of the Alaska
statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan via Ordinance No. FY2008-10 on December 6, 2007, to replace the 1968
Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 as necessary to describe the reasons for the ordinance; 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 boundaries of the districts; and
WHEREAS, the property owners applied for a rezone of these properties from the R3—
Multifamily Residential District to the B -Business District zoning designation on May 28, 2024;
and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the subject properties be rezoned from R3—Multifamily Residential to B—Business 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:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: That Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, & Kodiak Townsite
Block 8 Lot 3A shall be rezoned from R3—Multifamily Residential to B—Business.
Ordinance No. FY 2025-05
Corrected Version — Atty reviewed
Page 1 of 2
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 10 of 99
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AGENDA ITEM #10.A.
Section 3: Pursuant to KIBC 17.205.075, the future land use designation for the three identified
properties shall be changed from Multifamily Residential to Business on the official
Zoning Map and the future Land Use Map of the Kodiak Island Borough and shall
become effective upon the effective date of this ordinance.
Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. That rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and
Kodiak Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business,
although inconsistent with the current future land use map, would not have an
adverse impact on the aesthetic and character of the surrounding community as
several parcels bordering and across the street from the applicant's properties are
already zoned B -Business.
2. That rezoning Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and Kodiak
Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business could serve
to further the goals of the 2008 Comprehensive Plan which calls for the
"enhancement of the Visitor Industry's role as a significant component of the
Kodiak Region's economy.
Effective Date: This ordinance takes effect upon adoption
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Introduced by: Planning and Zoning Commission
First reading:
Second reading/public hearing:
VOTES:
Ayes:
Noes:
Ordinance No. FY 2025-05
Corrected Version — Atty reviewed
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 2 of 2
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AGENDA ITEM #10.A.
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-05
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
KODIAK TOWNSITE BLOCK 8 LOT 3, KODIAK TOWNSITE BLOCK 8 LOT 4, AND KODIAK
TOWNSITE BLOCK 8 LOT 3A (COMMON ADDRESSES 211 MILL BAY ROAD, 215 MILL BAY
ROAD, AND 206 KASHEVAROFF AVENUE) FROM R3—MULTIFAMILY RESIDENTIAL
DISTRICT TO B—BUSINESS DISTRICT
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 19.40 of the Alaska
statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan via Ordinance No. FY2008-10 on December 6, 2007, to replace the 1968
Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 as necessary to describe the reasons for the ordinance; 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 boundaries of the districts; and
WHEREAS, the property owners applied for a rezone of these properties from the R3—
Multifamily Residential District to the B -Business District zoning designation on May 28, 2024;
and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the subject properties be rezoned from R3—Multifamily Residential to B—Business 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:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: That Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, & Kodiak Townsite
Block 8 Lot 3A shall be rezoned from R3—Multifamily Residential to B—Business.
Ordinance No. FY 2025-05
Page 1 of 2
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AGENDA ITEM #10.A.
Section 3: Pursuant to KIBC 17.205.075, the future land use designation for the three identified
properties shall be changed from Multifamily Residential to Business on the official
future land use Map of the Kodiak Island Borough and shall become effective upon
the effective date of this ordinance.
Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. That rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and
Kodiak Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business,
although inconsistent with the future land use map, would not have an adverse
impact on the aesthetic and character of the surrounding community as several
parcels bordering and across the street from the applicant's properties are already
zoned B -Business.
2. That rezoning Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and Kodiak
Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business could serve
to further the goals of the 2008 Comprehensive Plan which calls for the
"enhancement of the Visitor Industry's role as a significant component of the
Kodiak Region's economy.
Effective Date: This ordinance takes effect upon adoption
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Introduced by: Planning and Zoning Commission
First reading: 09/05/2024
Second reading/public hearing:
VOTES:
Ayes:
Noes:
Ordinance No. FY 2025-05
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 2 of 2
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 13 of 99
AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
J
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9363 fax (907) 486 - 9396
Application for Rezone KIBC 17.205
PROP ID 15�c�U
The following information is to be supplied by the Applicant:
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Street Address:
Current Zoning: ,� �j Proposed Zoning: - Oct,&; %l'6&S
Applicable Comprehensive Plan:
Explanation of the need & justificationn for a change or amendment of zoning: //
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Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 10 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 14 of 99
AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan:
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CDD Staff Certification
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Payment Verification
Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
KIBC 17.205.030 Manner of initiation. Changes in this
title may be initiated in the following manner:
A. The assembly upon its own motion: ❑ Waiver of fee
B. The commission upon its own motion: ❑ Waiver of fee
C. By petition: 4 or less lots: ® $350.00
5 to 20 lots: ❑ $750.00 ❑
21 and more lots: $1,500.00
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 11 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 15 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
got
1, ity
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
Application for Rezone KIBC 17.205
PROP -113 16—i Z
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The following information is to be supplied by the Applicant:
Property Owner Applicant: 69crA / Z„ ( ,�g
Mailing Address: �
Phone Number:27 •7 _
Other Contact email, etc.: Odd/ �,� c i C d.�'+
Legal Description: su dv:Block:
YIOCI��I
Street Address: f s— X,�/ �oe
Current Zoning: le 15 Proposed Zoning:
Applicable Comprehensive Plan:
Explanation of the need & justification for a change or amendment of zoning:
Lot:
- cs�lUcS7/'U�S�
Continued onreverse
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 12 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 16 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
Explanation of the effects uch a change or amendment would have on the objectives of the applicable comprehensive plan:
Date: v — — Print Name: [�
Date.-, Signature:
v
/c/4
.
CDD Staff Certification
Date: �g ��
CDD Staff:
Q40V
A�
PaymentVerification
Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
KIBC 17.205.030 Manner of initiation. Changes in this
title may be initiated in the following manner:
A. The assembly upon its own motion: FJ Waiver offee
B. The commission upon its own motion: Waiver of fee
C. By petition: 4 or less lots: $350.00
5 to 20 lots: E] $750.00 E]
21 and more lots: $1,500.00
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 13 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 17 of 99
AGENDA ITEM #1O.A.
AGENDA ITEM V. a.
#`` `•
a
p
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
PROP_ID 15-701
Application for Rezone KIBC 17.205
The following information is to be supplied by the Applicant:
Property Owner/Applicant: �jLcrI /C/ gam_
Mailing Address: Z
Phone Number: %O14, _ Y �/
Other Contact email, etc.:
Legal Description: dv:'�� Block: Lot: J!
�' %1 l T'�li 5'7%2 �aL
Street Address: .2 �j `�� va r o
Current Zoning: 12J Proposed Zoning: 6— 6us i o Sg
Applicable Comprehensive Plan:
Explanation of the need & justification for a change or amendment of zoning:
Continued on reverse
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 14 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 18 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan:
Date:y oi� Print Name: Ce-r/C/ '7—
D ate:
—Date: =,2� — Signature:
CDD Staff Certification
Date: S/Z(CDD Staff: 4V
Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
KIBC 17.205.030 Manner of initiation. Changes in this
title may be initiated in the following manner:
A. The assembly upon its own motion: ❑ Waiver offee
B. The commission upon its own motion: F-1 Waiver of fee
C. By petition: 4 or less lots: K $350.00
5 to 20 lots: R $750.00 n
21 and more lots: $1,500.00
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 15 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 19 of 99
AGENDA ITEM #10.A.
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 20 of 99
AGENDA ITEM #7. a.
PAYMENT DATE
Kodiak Island Borough
BATCH NO.
05/28/2024
710 Mill Bay Rd.
2024-00000340
COLLECTION STATION
Kodiak, AK 99615
RECEIPT NO.
CASHIER
2024-00001142
RECEIVED FROM
CASHIER
GERALD MARKHAM
Teresa Medina
DESCRIPTION
PID 15700 APPLICATION FOR REZONE KIBC 17.205 211 MILL BAY RD 206 KASHEVAROF
•AM
RECEIPT DESCRIPTION•T
I I •
Subdivision Fee
Subdivision Fee
$350.00
PID 15700 APPLICATION FOR REZONE KIBC 17.205 211 MILL
BAY RD MB 206 KASHEVAROF
Payments:
Type Detail Amount
Check 3264 $350.00
Total Amount:
$350.00
Customer Copy
Printed by: Teresa Medina
Page 1 of 1 05/28/2024 04:19:02 PM
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN...
Page 16 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 20 of 99
AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road Room 203
Kodiak, Alaska 99615
Phone (907) 486-9361 Fax (907) 486-9396
0� r jgrochmal@kodiakak.us
May 30, 2024
211 Mill Bay Road
Kodiak, AK 99615
Re: Case 24-014. Request to Rezone 211 Mill Bay Road, Kodiak, AK, 206 Kashevaroff
Avenue, Kodiak, AK, & 215 Mill Bay Road, Kodiak, AK From R3 — Multifamily Residential
District to B - Business District
Dear Mr. Markham:
We are moving forward with your rezoning application. There is a scheduled public hearing before
the KIB Planning and Zoning Commission on Wednesday, July 17, 2024. This meeting begins at
6:30 p.m. in the Assembly Chambers, located at 710 Mill Bay Road, Kodiak, Alaska.
One week prior to the regular meeting, on Wednesday, July 10, 2024 at 6:30 p.m. in the Assembly
Chambers at 710 Mill Bay Road, Kodiak, Alaska, the commission will hold a packet review work
session for the purpose of reviewing packet materials and staff summaries of cases scheduled
for the regular meeting. Applicants are encouraged to attend to this meeting to be present for
Commissioner discussion.
The public is welcome to attend the packet review work session; however, the work session on
July 10, 2024, is not for the purpose of receiving public testimony. Applicants who wish to
present testimony and/or evidence related to their case should also appear at the Public Hearing
during the Regular Meeting and present such information in person on July 17, 2024.
KIBC 17.195.040 D. The applicant shall provide notice of the public hearing by posting the
parcel(s) subject to the application for a variance with notice that is clearly legible from each
improved street adjacent to the land. The notices shall be in the standardized form provided by
the community development department and shall be posted for at least 20 days prior to the date
of the public hearing.
KIBC 17.195.040 D also applies to all Conditional Use Permits and Rezones. Community
Development Staff will complete a site visit to ensure this code is met by the applicant.
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 20 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 21 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
Please contact the Community Development Department at (907) 486-9361 if we can answer any
outstanding questions, provide additional information or give guidance to you to meet the
requirements of KIBC 17.195.040 D above. In advance, thank you for your cooperation.
Sincerely,
Joe Grochmal - Community Development, Associate Planner
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 21 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 22 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
Kodiak Island Borough
Community Development Department
" { 710 Mill Bay Road
�Y Kodiak, Alaska 99615
Phone (907) 486-9361 Fax (907) 486-9391
E-mail: jgrochmal@kodiakak.us
Notice of Public Hearing Case No. 24-014
Greetings,
A public hearing will be held on Wednesday, July 17, 2024, 6:30 p.m. in the Borough
Assembly Chamber Room 710 Mill Bay Road, Kodiak AK 99615 to hear Case No. 24-014.
Applicant: Gerald Markham
Request: Rezone KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK
TWNST BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST
BK 8 LT 3A (common address 206 Kashevaroff Road) from an R3 — Multifamily
Residential District to a B — Business District.
Location: KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK TWNST
BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST BK 8 LT 3A (common
address 206 Kashevaroff Road)
Zoning: R3 — Multifamily Residential District
Your property address is within 500 -feet of the boundaries of the subject property. Per KIB Code
17.195.040. Notification. "Notices shall include the date, time, and location of the hearing, if
applicable, and the names of the parties filing the application."
On Wednesday, July 10, 2024, at 6:30 p.m. in the Borough Assembly Chamber Room 710 Mill
Bay Road, Kodiak AK 99615, the Commission will hold a Work Session to review the packet
material for the above case. The public may attend but will not be permitted to discuss any current
cases.
On Wednesday, July 17, 2024, at 6:30 p.m, in the Borough Assembly Chamber Room 710 Mill
Bay Road, Kodiak AK 99615, the Commission will hold a Regular Meeting to take formal action
on the above case. You may provide comments on the second sheet of this mailings, during public
comment in the meeting, or via phone. The call-in number is (907)486-3231 or toll free at (855)
492-9202.
If you do not wish to testify in person you may email your comments to Icarochmal(a)-kodiakak.us
by 3:00 p.m. on Wednesday, July 17, 2024, or use the form provided in this notice and mail or
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 22 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 23 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
hand deliver to the Borough at 710 Mill Bay Road, Kodak 99615 by 3:00 p.m. on Wednesday,
July 17, 2024.
Kodiak Island Borough Code Chapter 17.205.040
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 if the hearing as required in the same manner
prescribed for variances in KI BC 17.195.040.
Kodiak Island Borough Code Chapter 17.195.040
A. The commission shall hold a public hearing on each properly submitted application for a
variance within 90 working days after the date of the next available meeting agenda deadline.
The applicant shall be notified of the date of such hearing.
B. The community development department shall send to each owner of property within a
prescribed distance from the exterior boundary of the lot or parcel of land described in the
application, notice of the time and place of the public hearing, a description of the property
involved, its street address, and the action requested by the applicant. Prescribed distances
are as follows:
1. Lots less than or equal to one-half acre require a notification area measured at 500 feet.
2. Lots greater than one-half acre and less than or equal to one acre require a notification
area measured at 750 feet.
3. Lots greater than one acre and less than or equal to two acres require a notification area
measured at 1,000 feet.
4. Lots greater than two acres and less than or equal to five acres require a notification area
measured at 1,500 feet.
5. Lots greater than five acres require a notification area measured at 2,500 feet.
Best regards,
Joe Grochmal
Community Development Department, Associate Planner
Monday, June 17, 2024
Enclosed:
1. Public Hearing Notice
2. Public Hearing Comment Form/Map of Subject Property
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 23 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 24 of 99
AGENDA ITEM #10.A.
AGENDA ITEM V. a.
Public Hearing Comment
If you wish to make a comment, please fill out the information below.
Owner's Name:
Property Address:
Applicant: Gerald Markham
Request: Rezone KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK
TWNST BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST
BK 8 LT 3A (common address 206 Kashevaroff Road) from R3 — Multifamily
Residential District to B — Business District.
Location: KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK TWNST
BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST BK 8 LT 3A (common
address 206 Kashevaroff Road)
Zoning: R3 — Multifamily Residential District
Please check one of the options shown below to ensure we get accurate feedback from you.
Ej In Favor of Request Opposed to Request
Comments:
Mail or hand deliver this form to the Kodiak Island Borough at 710 Mill Bay Road, Kodak 99615
by 3:00 p.m. Wednesday, July 17, 2024.
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 24 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 25 of 99
AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
Case: 24-014 �¢¢
Applicant: Gerald Markham 4¢
Zoning: R3 — Multifamily Residential District
Location: 211 8r 215 Mill Bay Road, 206 Kashevaroff Ave, Kodiak, AK 99615 -
Request: Rezone from R3 — Multifamily Residential District to B — Business District
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Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 25 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 26 of 99
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AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
Public Hearing Comment
If you wish to make a comment, please fill out the information below.
Owner's Name: ,�.sF N1Fiewa( 6'r»k A(,7ska
Property Address: ,4t(a: pro fY /K.+�a�C'
P.O. k.z 10o -72o
9IWO-a72-0
Applicant: Gerald Markham/ d .
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Request: Rezone KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK
TWNST BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST
BK 8 LT 3A (common address 206 Kashevaroff Road) from R3 — Multifamily
Residential District to B — Business District.
Location: KODIAK TWNST BK 8 LT 3 (common address 211 Mill Bay Road), KODIAK TWNST
BK 8 LT 4 (common address 215 Mill Bay Road), and KODIAK TWNST BK 8 LT 3A (common
address 206 Kashevaroff Road)
Zoning: R3 — Multifamily Residential District
Please check one of the options shown below to ensure we get accurate feedback from you.
In Favor of Request Opposed to Request
Comments:
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Mail or hand deliver this form to the Kodiak Island Borough at 710 Mill Bay Road, Kodak 99615
by 3:00 P.m. Wednesday, July 17, 2024.
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STAFF REPORT AND RECOMMENDATION
AGENDA ITEM #10.A.
AGENDA ITEM #7.a.
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWNST BK 8 LT
4, & KODIAK TWNST BK 8 LT3A (common addresses 211 Mill Bay Road, Kodiak, AK 99615,
215 Mill Bay Road, Kodiak, AK 99615, 206 Kashevaroff Avenue, Kodiak, AK 99615) from R3 —
Multifamily Residential District to a B — Business District.
DATE: July 12, 2024
TO: Planning and Zoning Commission
FROM: Community Development Department (CDD)
SUBJECT: Staff Report and Recommendation
CASE: Case 24-014
APPLICANT: Gerald Markham
LOCATION: 211 Mill Bay Road, Kodiak, AK 99615, 215 Mill Bay Road, Kodiak, AK 99615, 206
Kashevaroff Avenue, Kodiak, AK 99615
LEGAL DSC: KODIAK TWNST BK 8 LT 3, KODIAK TWNST BK 8 LT 4, & KODIAK TWNST BK
8 LT 3A
ZONING: R3 — Multifamily Residential District
NOTICE: Forty-six (46) notices were mailed on June 17, 2024. One public hearing comment
was returned in favor of the applicant's request as of the date this report was
prepared (July 12, 2024).
SITE VISIT: Yes on Friday June 7, 2024. See packet for accompanying photographs.
1. Zoning History: Always Zoned R3 — Multifamily Residential District
2. Lot Size: KODIAK TWNST BK 8 LT 3 - 0.07 acres, KODIAK TWNST BK 8 LT
4 - 0.13 Acres, KODIAK TWNST BK 8 LT 3A — 0.04 acres
3. Existing Land Use: Residential Homes
4. Surrounding Land Use and Zoning: R3 — Multifamily Residential District and B — Business
District
5. Comprehensive Plan: The 2008 Comprehensive Plan identifies future land use for this
parcel as "Urban Residential"
6. Applicable Regulations: The following sections of the Kodiak Island Borough Code (KIBC)
are applicable to this case:
Applicable Codes & Regulations
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
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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.
83-58-0 §1, 1983. Formerly §17.72.010].
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
C. Recommendations as to the approval or disapproval of the change or amendment. [Ord.
FY2018-14 §2, 2018; Ord. 83-58-0 §1, 1983. Formerly §17.72.020].
17.205.020 — Report from Planning and Zoning Commission.
Changes in this title may be initiated in the following manner:
A. The assembly upon its own motion;
B. The commission upon its own motion; and
C. By petition of one or more owners of property within an area proposed to be rezoned. A petition
shall be in the form of an application for a change in the boundary of a zoning district, shall be
filed in the community development department, be accompanied by the required fee and such
data and information as may be necessary to assure the fullest practicable presentation of facts
and shall set forth reasons and justification for proposing such change. [Ord. FY2018-14 §2, 2018;
Ord. 83-58-0 §1, 1983. Formerly §17.72.030].
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. 83-58-0 §1,
1983. Formerly §17.72.040].
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.
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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. 83-58-0 §1, 1983. Formerly §17.72.055].
17.205.075 — Comprehensive plan future land use designation consistency.
The following applies to all approved rezones that are not consistent with assigned
comprehensive plan future land use designations:
A. The comprehensive plan future land use designation of the parcel or parcels shall be
changed to a designation that is consistent with the new zoning; and
B. Any such comprehensive plan future land use designation change shall become effective
upon the effective date of the corresponding rezone; and
C. The ordinance approving the rezone shall contain a section that specifies the newly
assigned comprehensive plan future land use designation of the rezoned parcel or parcels.
[Ord. FY2019-15 §2, 2019].
17.85.010 — Description and intent.
The R3 multifamily residential zoning district is established as a land use district for one -family,
two-family, and multifamily dwellings and limited office uses where public water and sewer
services are available. For the multifamily residential zoning district, in promoting the general
purposes of this title, the specific intentions of this chapter are:
A. To encourage the construction of one -family, two-family, and multifamily dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which would
interfere with the development or continuation of one -family, two-family, and multifamily
dwellings in this district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which, because of its character or size, would create requirements
and costs for public services, such as police and fire protection, water supply, and sewerage,
before such services can adequately be provided; and
E. To discourage any use which would generate other than normal vehicular traffic on streets
serving residents on those streets. [Ord. FY2016-06 §2, 2015; Ord. 83-17-0 §4, 1983. Formerly
§ 17.20.010].
17.85.020 — Permitted uses.
The following land uses are permitted in the multifamily residential district:
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A. Accessory buildings;
B. Beauty shops;
C. Boardinghouses;
D. Churches;
E. Clinics;
F. Greenhouses;
G. Home occupations;
H. Hospitals;
I. Multifamily dwellings;
J. Parks and playgrounds;
K. Professional offices;
L. Schools;
M. Single-family dwellings;
N. Two-family dwellings;
O. Vacation homes;
P. Bed and breakfasts;
Q. Mobile home parks;
R. Hoop houses;
S. Urban agricultural buildings and activities; and
T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when
there is a single-family residence on the property). [Ord. FY2018-03 §2, 2017; Ord. FY2016-06
§2, 2015; Ord. FY2012-10 §11, 2012; Ord. 2007-08 §11; Ord. 83-17-0 §4, 1983. Formerly
§17.20.020].
17.85.040 — Setbacks from property lines.
A. Front Yard.
1. The minimum front yard required is 25 feet unless a previous building line less than this has
been established, in which case the minimum front yard for interior lots shall be the average of
the setbacks of the main structures on abutting lots on either side if both lots are occupied.
2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied
lot plus one-half the remaining distance to the required 25 -foot setback.
3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25
feet.
B. Side Yard. The minimum side yard required is five feet. The minimum side yard required on
the street side of a corner lot is 10 feet.
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C. Rear Yard. The minimum rear yard required is 10 feet. [Ord. FY2018-13 §2, 2018; Ord. 87-
14-0 §8, 1987; Ord. 83-17-0 §4, 1983. Formerly §17.20.040].
17.85.040 — Building height limit.
The maximum building height allowed is 35 feet. [Ord. 83-17-0 §4, 1983. Formerly §17.20.050].
17.85.060 Public service requirement.
Water and sanitary sewer service from a certificated public utility or municipal system are required
for lots in this land use district before a building permit can be issued. [Ord. 83-17-0 §4, 1983.
Formerly §17.20.060].
17.85.070 — Group housing.
In the case of a dwelling group consisting of two or more buildings, the contemplated
arrangement of which makes it impracticable to apply the requirements of this title to the
individual building units in the group, a conditional use permit may be issued by the commission
if the plans of such dwelling group comply with the following standards and the requirements of
Chapter 17.200 KIBC:
A. That the proposed dwelling group will constitute a residential environment of sustained
desirability and stability; that it will be in harmony with the character of the surrounding
neighborhood; that it will result in intensity of land utilization no higher, and standards of open
space at least as high, as permitted or specified in this title in the district in which the proposed
dwelling group is located;
B. That the tract of land on which the dwelling group is to be erected comprises at least 80,000
square feet;
C. That the buildings are to be used for residential purposes and the customary accessory
uses, such as garages, storage spaces and recreational and community activities;
D. That the average lot area per dwelling unit on the side, exclusive of the area occupied by
streets, will not be less than the lot area required for each dwelling unit in the district in which
the dwelling group is to be located;
E. That there are provided, as part of the proposed development, adequate recreation areas to
serve the needs of the anticipated population;
F. That off-street parking is provided on the basis of two parking spaces for each dwelling unit
within the development;
G. That the development will not produce a volume of traffic in excess of the capacity for which
the access streets are designed;
H. That property adjacent to the proposed dwelling group will not be adversely affected;
I. That such dwelling group not be located in an industrial district; and
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J. That the proposed group housing development will be consistent with the intent and purpose
of this title to promise public health, safety and general welfare. [Ord. 83-17-0 §4, 1983.
Formerly §17.20.070].
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. [Ord. FY2016-06 §2, 2015; Ord. 82-40-0 §1, 1982. Formerly
§17.21.010].
17.90.020 — Permitted uses.
The following land uses and activities are permitted in the business district:
A. Accessory buildings;
B. Assembly halls;
C. Art galleries;
D. Automobile repair garages and dealerships;
E. Banks;
F. Building material suppliers;
G. Dry-cleaning establishments;
H. Eating and drinking establishments;
I. Fraternal organizations and private clubs;
J. Funeral parlors;
K. Gasoline service stations;
L. Government offices;
M. Hotels;
N. Laundry establishments;
O. Libraries;
P. Machine shops;
Q. Marinas and boat moorage;
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R. Mini -warehouses;
S. Motels;
T. Multiple -family dwellings;
U. Museums;
V. Offices;
W. Outdoor storage;
X. Printing shops;
Y. Professional offices and clinics;
Z. Public parks and open spaces;
AA. Recreational related uses;
BB. Retail stores and services;
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;
DD. Theaters;
EE. Radio stations;
FF. Marijuana retail stores;
GG. Marijuana testing facilities; and
HH. Marijuana manufacturing facilities. [Ord. FY2017-27 §2, 2017; Ord. FY2016-06 §2, 2015;
Ord. 0 1 -07 §2; Ord. 94-24 §2, 1994; Ord. 88-33-0 §2, 1988; Ord. 83-72-0 §1, 1983; Ord. 83-5-
0 §§1 — 3, 1983; Ord. 82-40-0 §1, 1982. Formerly §17.21.0201.
17.90.030 — Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Churches;
B. Hospitals;
C. Recreational vehicle parks;
D. Mobile home parks;
E. Warehouses;
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F. Marijuana cultivation, limited;
G. Marijuana cultivation, standard; and
H. Communications towers. [Ord. FY2018-17 §2, 2018; Ord. FY2017-27 §2, 2017; Ord.
FY2016-06 §2, 2015; Ord. 94-24 §2, 1994; Ord. 83-72-0 §2, 1983; Ord. 83-5-0 §4, 1983; Ord.
82-40-0 §1, 1982. Formerly §17.21.0301.
17.90.040 — Building height.
The maximum building height allowed is 50 feet. [Ord. 82-40-0 §1, 1982. Formerly §17.21.040].
17.90.050 — Performance standards.
All permitted and conditional uses shall comply with the performance standards listed in this
section.
A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks, or
parking areas shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or
other suitable groundcover materials to minimize dust, erosion, and sedimentation.
B. Lighting. Any lighting used for advertising, display, or security purposes shall not produce
glare on a public highway or neighboring residential property.
C. Screening. Where a business use is adjacent to a residential use or district, that business
shall provide and maintain screening as approved by the commission. [Ord. 82-40-0 §1, 1982.
Formerly §17.21.050].
17.90.060 — Urban plan compliance.
All business district development located in the urban renewal plan downtown area, as defined
in the November 1972 revision of said plan, shall also comply with the provisions of that plan,
and where its requirements are different than those of this chapter, the stricter of the two shall
apply. [Ord. 82-40-0 §1, 1982. Formerly §17.21.060].
17.205.075 — Comprehensive plan future land use designation consistency.
The following applies to all approved rezones that are not consistent with assigned
comprehensive plan future land use designations:
A. The comprehensive plan future land use designation of the parcel or parcels shall be
changed to a designation that is consistent with the new zoning; and
B. Any such comprehensive plan future land use designation change shall become effective
upon the effective date of the corresponding rezone; and
C. The ordinance approving the rezone shall contain a section that specifies the newly
assigned comprehensive plan future land use designation of the rezoned parcel or parcels.
[Ord. FY2019-15 §2, 2019].
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STAFF ANALYSIS
According to Mr. Markham's application, he is interested in changing the zoning classification for
three of his properties (211 Mill Bay Road, Kodiak, AK 99615, 215 Mill Bay Road, Kodiak, AK
99615, and 206 Kashevaroff Avenue, Kodiak, AK 99615) from R3 — Multifamily Residential to B
— Business District. The applicant's stated goal is to rezone these parcels before he donates them
to the Kodiak Maritime Museum, forthe purposes of consolidating the three parcels and modifying
the existing historic house at 211 Mill Bay Road to serve as a physical maritime museum.
When asked to provide a justification for his rezone request, Mr. Markham stated that rezoning
his parcels as B -Business would allow for the existing "Madsen House" on 211 Mill Bay Road to
be repurposed and modified to serve as the physical location for the Kodiak Maritime Museum.
The other parcels donated to the Maritime Museum would be used for museum support purposes,
such as storage and office space. R3 zoning regulations do not list "museums" as an accepted
land use. Mr. Markham shared that rezoning his properties would be in line with the character of
the surrounding neighborhood, as the three subject parcels are bordered on three sides/across
Kashevaroff Avenue and Mill Bay Road by buildings already zoned as Business. Furthermore,
when asked to explain the effect that his proposed change would have on the objectives of the
Kodiak Island Borough's 2008 Comprehensive Plan, the applicant stated that his proposal would
meet the Comprehensive Plan's goal, as stated on page 221, of "enhancing the visitor industry's
role as a significant component of the Kodiak region's economy" as his rezoning proposal would
pave the way for a new museum to be constructed in close proximity to the Baranof and Alutiiq
Museums, the Alutiiq Heritage Park, and the Russian Orthodox Church, making it easy for tourists
and visitors to move between these spaces easily and conveniently. Finally, Mr. Markham cited
how his proposal, and the subsequent establishment of a maritime museum would further the
Comprehensive Plan's stated goal of "establishing a maritime/fisheries museum in Kodiak."
On June 7, 2024, Community Development Department staff conducted a site visit at the three
properties cited in this report and examined them with Mr. Markham. Staff also took pictures
during this visit, some of which are available in your packets. Staff did not identify any terrain
features or factors that would raise concerns about the applicant's proposed rezoning request.
During this site visit, Mr. Markham showed staff that he had posted several "notice of public
meeting" signs taped to windows on his properties as well as on the fence surrounding his
properties. All of these signs were clearly visible to the public. These signs were posted at least
20 days prior to the Planning and Zoning Commission's July Regular Meeting per KIBC
17.205.040. Later, on June 17, 2024, staff mailed out 46 public meeting/comment notices and
received one response in favor of the applicant's request, with none in opposition, as of July 12,
2024.
The Future Land Use Map in the 2008 Comprehensive Plan identifies the parcels in question, as
well as neighboring properties to the north, as being in an "Urban Residential" zone (defined as
R1, R2, R3, and Single Resident Occupancy Standards zones). Despite this, there are business -
zoned lots across Kashevaroff Avenue and Mill Bay Road from Mr. Markham's properties as well
as an adjacent B -zoned lot to the west. These parcels are primarily used for worker housing. The
Alutiiq Ancestors' Memorial (zoned B) is located across Mill Bay Road from Mr. Markham's lots
to the east/southeast.
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While Mr. Markham's rezone request runs contrary to the 2008 Comprehensive Plan's Future
Land Use Map, the Community Development Department believes that his request should be
approved for several reasons. First, there are several other business -zoned properties located
near or adjacent to the applicant's lots that are also identified as B -zoned districts on the Future
Land Use Map. This point coupled with the findings of staff's site visit in early June, indicate that
rezoning these parcels would not have a significant, adverse impact on the aesthetic and
character of the surrounding community. If anything, adding a museum to this space would serve
to enhance the cultural fabric of the area. Furthermore, the stated goal of the applicant's rezone
request aligns with the stated goals of the 2008 Comprehensive Plan allowing for the
establishment of a maritime museum.
With these points in mind, staff has two concerns regarding the proposed rezone. First, the 2008
Comprehensive Plan's Future Land Use map lists Mr. Markham's parcels as being zoned Urban
Residential and not Business. It is important to note that Mr. Markham's properties are bordered
on three sides by properties zoned as Business, with only one property (located to the
north/northeast zoned as R3). Of the properties zoned as Business that are adjacent to the
applicant's parcels, all except the parcel located directly to the west of Mr. Markham's holdings
are listed on the Future Land Use Map as Business Districts. The designation of the property to
the west also comes with caveats, as the Future Land Use Map lists GIS Property ID 15555 as
being two separate lots (one zoned as Business and the other zoned as R3) when these two lots
exist as just one lot at present. Furthermore, while staff does not object to the concept of rezoning
Mr. Markham's parcel should it ultimately be developed into the maritime museum, we do not
have any mechanisms that would make approval of the applicant's rezone request contingent on
this development. In theory, after rezoning the parcel, the applicant would be free to develop the
property in any manner permitted in a business zone by the Kodiak Island Borough Code. Even
if the museum is constructed, there are no mechanisms available that would prevent the parcel
from being developed for another business purpose in the future, even if the maritime museum is
established and operated in the manner described by the applicant.
Looking ahead, should Mr. Markham's rezone be approved, it is important that the applicant and
the Commission ensure that there is adequate parking for any future museum development. Since
parking space requirements are not explicitly defined for "museums" in KIBC 17.175. Citing the
case of the Alutiiq Museum, and under the authority granted to the Community Development
Department under KIBC 17.175.040 b, we have assessed that any museum construction on these
plots would require 1 parking space for every 300 square feet of museum space, and 1 parking
spot for every 1,000 square feet of storage/warehouse space. Furthermore, per KIBC 17.90.050,
section C, the Planning and Zoning Commission should consider what types of screening
(fencing, vegetation, walls, etc.), if any, should be required if this proposed rezone is approved
and should this project continue to progress in the manner described by Mr. Markham on his
rezone application. Per code, this regulation is in effect as the business use would be located
adjacent to a residential use district.
COMPREHENSIVE PLAN CONSISTENCY
This rezone request is inconsistent with the future land use map designation for the properties,
although the subject properties are bordered on three sides (including across Kashevaroff
Avenue and Mill Bay Road) by properties that are zoned as B. All except one of these parcels
that is zoned a B presently is also zoned as B on the Future Land Use Map. One of the stated
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goals of the borough's 2008 Comprehensive Plan is to "[e]nhance the Visitor Industry's role as a
significant component of the Kodiak Region's economy" with one of the recommended
implementation actions for this goal listed as "[s]upport[ing] efforts to develop a
Maritime/Fisheries Museum". While Mr. Markham's rezone request would not directly lead to the
establishment of the Maritime Museum, it would be a necessary step if the museum is to
ultimately be established on the parcels that he is hoping to donate for this purpose.
RECOMMENDATION
Staff recommends that the Commission approve Mr. Markham's rezone application as
requested.
APPROPRIATE MOTION
Should the Commission agree with staff's recommendation, the appropriate motion is
Move to approve Rezone Case 24-014 to change the zoning designations of
KODIAK TWNST BK 8 LT 3, KODIAK TWNST BK 8 LT 4, & KODIAK TWNST BK
8 LT3A (common addresses 211 Mill Bay Road, Kodiak, AK 99615, 215 Mill Bay
Road, Kodiak, AK 99615, 206 Kashevaroff Avenue, Kodiak, AK 99615) from R3 —
Multifamily Residential District to a B — Business District, and move it forward to
the Kodiak Island Borough Assembly and to adopt the findings of fact in support
listed in the staff report dated July 12, 2024, entered into the record for this case
as "Findings of Fact" for Case No. 24-014.
OR
Should the Commission disagree with staff's recommendation, the appropriate motion is
Move to deny Rezone Case 24-014 to change the zoning designations of KODIAK
TWNST BK 8 LT 3, KODIAK TWNST BK 8 LT 4, & KODIAK TWNST BK 8 LT3A
(common addresses 211 Mill Bay Road, Kodiak, AK 99615, 215 Mill Bay Road,
Kodiak, AK 99615, 206 Kashevaroff Avenue, Kodiak, AK 99615) from R3 —
Multifamily Residential District to a B — Business District and to adopt the findings
of fact in opposition listed in the staff report dated July 12, 2024, entered into the
record for this case as "Findings of Fact" for Case No. 24-014.
FINDINGS IN SUPPORT
1. Whereas, the Commission finds that rezoning 211 Mill Bay Road, Kodiak, 215 Mill Bay Road,
206 Kashevaroff Avenue R3 to a B District, although inconsistent with the future land use
map, would not have an adverse impact on the aesthetic and character of the surrounding
community as several parcels bordering and across the street from the applicant's
properties are already zoned B.
2. Whereas, the Commission finds that rezoning 211 Mill Bay Road, Kodiak, 215 Mill Bay Road,
206 Kashevaroff Avenue R3 to a B could serve to further the goals of the 2008
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWIN... Page 42 of 52
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Comprehensive Plan which calls for the "[e]nhance[ment] [of] the Visitor Industry's role as
a significant component of the Kodiak Region's economy."
FINDINGS IN OPPOSITION
1. Whereas, the Commission finds that 211 Mill Bay Road, Kodiak, 215 Mill Bay Road, 206
Kashevaroff Avenue are all listed as "urban residential" on the borough's current Future
Land use map and not as business; meaning that this rezone is not consistent with the
future land use map and the comprehensive plan.
Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 43 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 44 of 99
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Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 44 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 45 of 99
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Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 45 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 46 of 99
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Case 24-014: Photos of Applicant's Lot
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Case 24-014. An application to Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWN... Page 52 of 52
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 53 of 99
Mr. Gerald Markham
211 Mill Bay Road
Kodiak, AK 99615
AGENDA ITEM #10.A.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9361 Fax (907) 486-9396
E-mail: jgrochmal@kodiakak.us
July 18, 2024
RE: Case 24-014. Rezone Procedure. Rezone KODIAK TWNST BK 8 LT 3, KODIAK TWNST
BK 8 LT 4, & KODIAK TWNST BK 8 LT3A (common addresses 211 Mill Bay Road, Kodiak,
AK 99615, 215 Mill Bay Road, Kodiak, AK 99615, 206 Kashevaroff Avenue, Kodiak, AK
99615) from R3 — Multifamily Residential District to a B — Business District.
Dear Mr. Markham:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 17th, 2024,
moved to approve your request to rezone KODIAK TWNST BK 8 LT 3, KODIAK TWNST BK 8 LT
4, & KODIAK TWNST BK 8 LT3A (common addresses 211 Mill Bay Road, Kodiak, AK 99615,
215 Mill Bay Road, Kodiak, AK 99615, 206 Kashevaroff Avenue, Kodiak, AK 99615) from R3 —
Multifamily Residential District to a B — Business District. Your case will now proceed to the Kodiak
Island Borough Assembly.
Please contact the Borough Clerk's Office at (907) 486-9391 for information on when your case
will be scheduled for a first reading and public hearing before the Assembly.
The findings of fact for your case were as follows:
1. Whereas, the Commission finds that rezoning 211 Mill Bay Road, Kodiak, 215 Mill Bay
Road, 206 Kashevaroff Avenue R3 to a B District, although inconsistent with the future
land use map, would not have an adverse impact on the aesthetic and character of the
surrounding community as several parcels bordering and across the street from the
applicant's properties are already zoned B.
2. Whereas, the Commission finds that rezoning 211 Mill Bay Road, Kodiak, 215 Mill Bay
Road, 206 Kashevaroff Avenue R3 to a B could serve to further the goals of the 2008
Comprehensive Plan which calls for the "[e]nhance[ment] [of] the Visitor Industry's role as
a significant component of the Kodiak Region's economy."
According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states:
A. Within thirty days after the planning commission has acted favorably upon a proposed
zoning change in accordance with the above provisions, a report with recommendations shall be
submitted to the assembly together with the proposed ordinance. Such recommendations of the
planning commission shall be advisory only and shall not be binding upon the assembly. When
an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 54 of 99
AGENDA ITEM #1O.A.
with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough
clerk.
B. If the planning commission recommends denial of any proposed amendment, its action
shall be final unless the initiating party, within ten days, files a written statement with the clerk
requesting that the commission's action be taken up by the borough assembly.
Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to
obtain permits for any construction activities.
If you have any questions about the action of the Commission, please feel free to contact the
Community Development Department at (907) 486-9361.
Best Regards,
Christopher French
Director
Community Development Department
Cc: Joe Grochmal — Associate Planner, Community Development Department
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 55 of 99
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48 Public Hearing Notices were mailed out on September 6, 2024. Returned notices will be shared to the Assembly.
prop—id last—name
file—as—name
Mail—Line- Mail—Line- Mail—City
Mail_
Mail_Zip Legal_Description
15544 FLETCHER
FLETCHER JOHN
102 CENTER AVE KODIAK
AK
99615 NEW KODIAK BK 13 LT 1-3
15557 PM KODIAK PROPERTIES LLC
PM KODIAK PROPERTIES LLC
11330 S RUSSIAN CR I KODIAK
AK
99615 NEW KODIAK BK 14 LT 8
15195 BROCKMAN ETAL
BROCKMAN ETAL TONYA
171 OTTER AVE KODIAK
AK
99615 ERSKINE ADD BK 3 LT 30
15551 JRS LLC
1RS LLC
201 CENTER AVE KODIAK
AK
99615 NEW KODIAK BK 14 LT 1A
15540 KODIAK REAL EST.& INVEST. II
KODIAK REAL EST & INVEST IN 202 CENTER AVE #I& KODIAK
AK
99615 NEW KODIAK BK 12 LT 1 - 3
15553 KODIAK EXPRESS LLC
KODIAK EXPRESS LLC
210 B SHELIKOF ST KODIAK
AK
99615 NEW KODIAK BK 14 LT 3
15702 MARKHAM
MARKHAM GERALD
210 MILL BAY RD KODIAK
AK
99615 KODIAK TWNST BK 8 LT 4
15698 ALUTIIQ HERITAGE FOUNDATI ALUTIIQ HERITAGE FOUNDATI,
215 MISSION RD KODIAK
AK
99615 KODIAK TWNST BK 3 LT 11A
15193 SANTIAGO
SANTIAGO LOWELA C
216 E REZANOF DR KODIAK
AK
99615 ERSKINE ADD BK 3 LT 28
15230 COMMUNITY BAPTIST CHURC COMMUNITY BAPTIST CHURCI
216 MILL BAY RD KODIAK
AK
99615 ERSKINE ADD BK 7 LT 55
15188 SOROKOVSKY
SOROKOVSKY MYLES
220 MILL BAY RD KODIAK
AK
99615 ERSKINE ADD BK 2 LT 23 & 2z
15192 KEYSE
KEYSE MATTHEW & MOLLY
223 MILL BAY RD KODIAK
AK
99615 ERSKINE ADD BK 3 LT 27A
15191 BAKER
BAKER WAYNE A & KARA
225 MILL BAY ROAD KODIAK
AK
99615 ERSKINE BK 3 LT 26A
15229 SARGENT
SARGENT CHRISTOPHER M
2925 CALAVERAS DRI FAIRFIELD
CA
94534-17 ERSKINE ADD BK 7 LT 53 & 5z
15675 SENIOR CITIZENS OF KODIAK
SENIOR CITIZENS OF KODIAK
302 ERSKINE AVE KODIAK
AK
99615 KODIAK TWNST BK 1 LT 30 A,
15695 WATKINS ETAL
WATKINS ETAL BRENT
307 CHILDS DR KODIAK
AK
99615 KODIAK TWNST BK 3 LT 9
15234 TOWNSEND
TOWNSEND MARY JANE
311 MILL BAY RD KODIAK
AK
99615 ERSKINE ADD BK 7 LT 152
15224 CHRISTIAN SCIENCE SOCIETY
CHRISTIAN SCIENCE SOCIETY
312 CAROLYN ST KODIAK
AK
99615 ERSKINE ADD BK 7 LT 46 & 4
15555 KIHA
KODIAK ISLAND HOUSING AU13137 MILL BAY RD KODIAK
AK
99615 NEW KODIAK BK 14 LT 5
15235 FROST
FROST NANCY R
315 MILL BAY RD KODIAK
AK
99615 ERSKINE ADD BK 7 LT 153
15227 RIPPEY
RIPPEY BART & DEBRA
318 CAROLYN ST KODIAK
AK
99615 ERSKINE ADD BK 7 LT 50
15251 STEWART ETAL
STEWART ETAL RUSTY
3266 SHARATIN RDA KODIAK
AK
99615 ERSKINE BK 9 LT 81B
15194 FERRIS
FERRIS BRYAN KATRINA
3408 HARLEQUIN CT KODIAK
AK
99615 ERSKINE ADD BK 3 LT 29
23526 KODIAK AREA NATIVE ASSOC
KODIAK AREA NATIVE ASSOC
3449 REZANOF DR E KODIAK
AK
99615 ERSKINE ADD BK 9 LT 111A
15860 ST HERMAN'S THEOLOGICAL!
ST HERMANS THEOLOGICAL SE
414 MISSION RD KODIAK
AK
99615 USS 444 TR C PTN MISSION R
15252 AJA KODIAK PROPERTIES, LLC
AJA KODIAK PROPERTIES LLC
507 2ND AVE FAIRBANK'
AK
99701 ERSKINE ADD BK 9 LT 84 89 -
15560 TRIDENT SEAFOODS CORP
TRIDENT SEAFOODS CORP
5303 SHILSHOLE AVE SEATTLE
WA
98107 NEW KODIAK BK 15 LT 2
15567 ALASKA
ALASKA STATE OF
550 W 7TH AVE STE 6 ANCHORA,
AK
99501 NEW KODIAK BK 17 LT 3
15703
HARRINGTON BRENDAN M
614 MISSION RD KODIAK
AK
99615 KODIAK TWNST BK 8 LT 5
15196 BACH ETAL
BACH ETAL MICHAEL
727 W STEWART DR KANAB
UT
84741 ERSKINE ADD BK 3 LT 31
15704 LEDOUX
LEDOUX GABRIELLE
8859 CROSS POINTE L ANCHORA,
AK
99504 KODIAK TWNST BK 8 LT 6 A ,L
15533 FIRST NAT'L BANK ALASKA
FIRST NATIONAL BANK OF ALA ACCOUNTI P 0 BOX 11 ANCHORA,
AK
99510 NEW KODIAK BK 11 LT 1-7
16183 SUNSET DEVELOPMENT CO
SUNSET DEVELOPMENT CO
C/O BRECF PO BOX 12 KODIAK
AK
99615 USS 2537B & USS 562 TR A-1
15233 MANN
MANN JACK EDWARD WELLES MANN J0/ PO BOX 24 KODIAK
AK
99615 ERSKINE ADD BK 7 LT 58
15228 HEGLIN
HEGLIN SHIRLEY P 0 BOX 1043
KODIAK
AK
99615 ERSKINE ADD BK 7 LT 51 & 5:
15219 STEVENS
STEVENS GARY RITA PO BOX 201
KODIAK
AK
99615 ERSKINE ADD BK 6 LT 85
15250 KODIAK OIL SALES INC
KODIAK OIL SALES INC P 0 BOX 240108
ANCHORA, AK
99524 ERSKINE BK 9 LT 81A
15223 MANN
MANN JACK DIANE P 0 BOX 245
KODIAK
AK
99615 ERSKINE ADD BK 7 PTN
24855 SPALINGER
SPALINGER GREGORY C & DAR P 0 BOX 2635
KODIAK
AK
99615 NEW KODIAK BK 14 LT 6A
15855 HARBOR ENTERPRISES INC
PETRO 49 P 0 BOX 389
SEWARD
AK
99664 USS 444 TR A LT B MISSION 1
15189 HINER
HINER TODD CECILE P 0 BOX 671
KODIAK
AK
99615 ERSKINE ADD BK 2 LT 25
15550 CITY OF KODIAK
CITY OF KODIAK PO BOX 1397
KODIAK
AK
99615 NEW KODIAK BK 13 LT 9
15197 ROBBINS ETAL
ROBBINS ETAL LELAND PO BOX 1426
KODIAK
AK
99615 ERSKINE ADD BK 3 LT 32 & PI
15705 TURNER
TURNER JAMES N & LINETTE K PO BOX 1673
KODIAK
AK
99615 KODIAK TWNST BK 8 LT 7
15854 ORTHODOX CHURCH IN AMEF RUSSIAN ORTHODOX CHURCH PO BOX 210569
ANCHORA, AK
99521 USS 444 TR A LT A MISSION R
15554 MK ENTERPRISES, LLC
MK ENTERPRISES LLC PO BOX 2338
KODIAK
AK
99615 NEW KODIAK BK 14 LT 4A
15697 J & D LAND MANAGEMENT,
LIJ & D LAND MANAGEMENT LL PO BOX 313
KODIAK
AK
99615 KODIAK TWNST BK 3 LT 1013
15522 AEM ENTERPRISES, LLC
AEM ENTERPRISES LLC PO BOX 786
KODIAK
AK
99615 NEW KODIAK BK 9 LT 2
0
AGENDA ITEM #10.A.
Kodiak Island Borough
Office of the Borough Clerk
710 Mill Bay Road, Room 234
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerksAkodiakak.us
NOTICE OF PUBLIC HEARING
A public hearing will be held on Thursday, September 19, 2024, at 6:30 p.m. in the Borough
Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly
to hear comments on:
Ordinance No. FY2025-05 An Ordinance Of The Assembly Of The Kodiak Island Borough
Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak
Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206
Kashevaroff Avenue) From R3—Multifamily Residential District To B—Business District.
Below are the options available for you to provide comments:
• Return the public hearing form by noon on Thursday, September 19.
(Send the form by email, postal mail, or deliver it in person.)
• Attend in person.
• Call (907) 486-3231 or (855) 492-9202 during the public hearing
Attachments:
• Map
• Public hearing form
• Ordinance No. FY2025-05
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 58 of 99
AGENDA ITEM #1O.A.
Ordinance No. FY2025-05 An Ordinance Of The Assembly Of The Kodiak Island Borough
Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak
Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206
Kashevaroff Avenue) From 113—Multifamily Residential District To B—Business District
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Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 59 of 99
AGENDA ITEM #10.A.
PUBLIC HEARING FORM
Ordinance No. FY2025-05 An Ordinance Of The Assembly Of The Kodiak Island Borough
Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite
Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206
Kashevaroff Avenue) From R3 -Multifamily Residential District To B -Business District
❑ This is in support of the rezone.
❑ This is in opposition of the rezone.
❑ Other comments.
Name:
Residence Address:
Mailing Address:
Comments:
Written comments must be received by the Clerk's Office by noon on September 19, 2024.
Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Isla... Page 60 of 99
AGENDA ITEM #1O.B.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 19, 2024
4 '
�s ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section
1.10.030 Definitions And Section 2.20.080 Executive Absence To Clarify The
Role, Responsibilities, And Pay Incentives Of The Administrative Official
ORIGINATOR: Ryan Sharratt, Borough Assembly
RECOMMENDATION:
Move to adopt Ordinance No. FY2025-07.
DISCUSSION:
This ordinance was requested by Assembly member Sharratt.
It is essential to establish a definitive procedure for administration to address emergencies or
urgent matters in the absence of the Borough Manager. According to Alaska Statutes
29.20.260, in a manager form of government, the assembly is required to designate an
administrative official through a resolution to serve as the manager during the manager's
absence. The Assembly believes that the effectiveness and consistency of coordination
between the manager and the administrative official are enhanced when the manager
nominates an individual for the Assembly's designation as the administrative official, with the
Assembly subsequently confirming this selection through a resolution.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AS 29.20.260. Executive Absence.
The borough mayor, subject to assembly approval, shall designate a person to act as mayor
during the borough mayor's temporary absence or disability. If a manager plan has been
adopted, the assembly shall designate by resolution a borough administrative official to act as
manager during the manager's absence or disability.
Discussion of the Assembly on this item:
May 9, 2024, Reviewed draft 2 of the ordinance. Assembly made recommendations
and instructed the clerk to forward the ordinance to the attorney for final review.
August 8, 2024, Assembly reviewed the draft from the Attorney. Additional changes
from Assembly member Sharratt were added to the ordinance.
Kodiak Island Borough
Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.1... Page 61 of 99
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AGENDA ITEM #10.B.
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-07
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE SECTION 1.10.030 DEFINITIONS AND SECTION
2.20.080 EXECUTIVE ABSENCE TO CLARIFY THE ROLE, RESPONSIBILITIES, AND PAY
INCENTIVES OF THE ADMINISTRATIVE OFFICIAL
WHEREAS, a clear procedure for administration needs to be in place in the event of an
emergency or other pressing issue during the absence of the Borough Manager; and
WHEREAS, AS 29.20.260 provides that for a manager form of government the assembly shall
designate, by resolution, an administrative official to act as manager during the manger's
absence; and
WHEREAS, the Assembly finds that coordination between the manager and the administrative
official is more consistent and effective if the manager nominates a person for designation as
administrative official by the Assembly by resolution confirming the selection.
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.
Section 2: That Section 1.10.030 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
1.10.030 Definitions.
As used in the ordinances and resolutions of the Kodiak Island Borough, unless the context
otherwise requires:
"Administrative official" means the individual nominated by the manager and designated by
assembly resolution confirming the nomination to act as manager during the manager's
absence or disability, or selected and designated by the assembly by resolution if the
manager's position is vacant;
"Assembly" means the elected governing body of the Kodiak Island Borough;
"Attorney" means the legal advisor of the governing body and other officials of the borough;
"Borough" means the Kodiak Island Borough;
"Clerk" means the borough clerk duly appointed by the assembly;
"Code" means the code of ordinances of the borough;
"Deputy presiding officer" means the deputy presiding officer of the assembly appointed by the
assembly;
Ordinance No. FY2025-07
Page 1 of 5
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AGENDA ITEM #10.B.
"Law" includes ordinances of the borough;
"Manager" means the chief administrator of the borough;
"Mayor" means the elected mayor of the borough and presiding officer to the assembly;
"Oath" means an oath or an affirmation in all cases whereby law an affirmation may be submitted
for an oath and in such case the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed";
"Owner," as applied to building or land, means an owner, part owner, tenant in common, or tenant
by the entirety of the whole or part of the land or building;
"Person" means a corporation, partnership, firm, association, organization, business, trust, or
society as well as a natural person;
"Registered mail" means registered or certified mail;
"School board" means those persons elected to the Kodiak Island Borough School Board of
Education; and
"Seal" means the corporate seal of the borough.
Section 3: That Section 2.20.010 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
2.10.010 Appointment of officers.
The manager, of dal clerk, and attorney shall be appointed by the assembly. All
other officers and employees will be appointed by the manager except that the director of finance
and the administrative official shall also be confirmed by the assembly as provided in KIBC
2.70.010 and KIBC 2.45.030(B). Officers serve at the pleasure of the appointing authority.
Section 4: That Section 2.20.080 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
2.20.080 Executive absence.
A: In the mayor's absence, the deputy presiding officer shall preside at all regular and special
meetings and perform the duties assigned by the mayor or assembly.
shall &GigRate by resolution a beFeugh adMiRistFatiye official to act as manageF during the
manager's absenn r disab4 fii
Section 5: That Chapter 2.45 of the Kodiak Island Borough Code of Ordinances is hereby
amended as follows:
Chapter 2.45
BOROUGH MANAGER
Sections:
2.45.010 Borough manager.
Ordinance No. FY2025-07 Page 2 of 5
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AGENDA ITEM #10.B.
2.45.020
Appointment.
2.45.025
Term of office.
2.45.030
Powers and duties.
2.45.040
General provisions.
2.45.050
Oath of office.
2.45.060
Bonding.
2.45.070
Repealed.
2.45.080
Administrative Official — Appointment.
2.45.090
Administrative Official — Qualifications.
2.45.100
Administrative Official — Duties.
2.45.110
Administrative Official — Compensation.
The administrative power of the borough is vested in the borough manager. The manager is and
shall be the chief administrative officer of the borough. The manager has and shall have all of the
powers and duties set forth in the Alaska Statute presently numbered AS 29.20.500, other powers
and duties elsewhere prescribed by law, and as set forth in this code. The manager has the
supervision and control, directly and indirectly, over all administrative departments, agencies,
directors, and all other employees of the borough except the borough clerk, borough clerk's office
employees, and the borough attorney.
2.45.020 Appointment.
The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager
by a majority vote of its membership. The assembly shall choose a manager solely on the basis
of his executive and administrative qualifications, and he shall receive the compensation set by
the assembly. An assembly member may not be appointed manager of the borough sooner than
one year after leaving office, except that, by a vote of three-fourths of its authorized membership,
the assembly may at any time appoint one of its members as manager.
2.45.025 Term of office.
Subject to the contract of employment, the manager holds office at the pleasure of the assembly.
2.45.030 Powers and duties.
The manager, as the chief administrative officer, is responsible for the proper administration of all
borough affairs. The manager shall:
A. Appoint borough employees and department directors, except as otherwise provided by this
code; le—may hire necessary administrative assistants, as authorized by budget, and appoint,
suspend, or remove subordinates;
B. Nominate an administrative official, subject to designation by assembly resolution
confirminq the nomination, to act as manager during the manager's absence or disability;
C. Suspend or remove by written order borough employees or department directors except as
provided otherwise in this code;
SD. Supervise enforcement of the borough laws and carry out the directives of the assembly;
9E. Prepare and submit the annual budget and capital improvement programs for the assembly;
€F. Execute the budget and capital improvement program as adopted;
G. Make monthly reports to the assembly on borough finances and operations;
CH. Report to the assembly at the end of each fiscal year on the finances and administrative
activity of the borough;
Ordinance No. FY2025-07
Page 3 of 5
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AGENDA ITEM #10.B.
#I. Prepare and make available for public distribution an annual report on borough affairs;
1J. Serve as personnel officer unless the assembly authorizes appointment of a personnel officer;
JK. Direct and supervise the administration of:
1. The function of all department directors and employees except as provided otherwise in this
title;
2. The care and custody of all borough buildings and of all real and personal property of the
borough, except as provided otherwise by AS 29.35.160;
3. The construction, maintenance and operation of all borough roads, bridges, drains, buildings,
and other public works; and
KL. Execute other powers and duties specified by Alaska law or lawfully prescribed by the
assembly.
2.45.040 General provisions.
A. The activities under the direction and supervision of the manager shall be distributed among
the departments established by ordinance.
B. Each department shall be administered by a director appointed by and subject to the direction
and supervision of the manager unless provided otherwise by law. With the consent of the
assembly, the manager may serve as the director of one or more departments. With the consent
of the assembly, the manager may appoint one person as the director of two or more departments.
C. Any department director appointed by the manager may be suspended or removed by written
order of the manager.
2.45.050 Oath of office.
Before taking the office of manager, the manager shall affirm in writing that the duties of the
manager will honestly, faithfully, and impartially be performed. The oath shall be filed with the
clerk.
2.45.060 Bonding.
The manager, and other municipal department directors or employees which the assembly shall
designate, shall give bond in the amount and with the surety prescribed by the assembly with
premiums to be paid by the borough.
2.45.070 Repealed.
2.45.080 Administrative Official — Nomination and Designation.
The administrative official is nominated by the borough manager and designated by
assembly resolution confirming the nomination to act as manager during the manager's
absence or disabilitv.
2.45.090 Administrative Official — Preferred Qualifications.
1. A full-time employee of the Kodiak Island Borough for a minimum of two years:
2. Meets the qualifications by education and experience of the office to which the
employee holds;
Ordinance No. FY2025-07
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AGENDA ITEM #10.B.
3. Physically located in Kodiak during the appointment and throughout the duration of
the appointment; and
4. Meets the qualifications outlined in the Emergency Operations/Management Plan to
conform to the reauired trainina throuahout the vear.
2.45.100 Administrative Official — Duties.
The designated administrative official shall oversee the management of the borough's
administrative affairs, ensuring the continuity of policies and procedures enacted by the
borough manager. The administrative official shall have only those powers necessary to
deal with borough administrative affairs until the manager's return. The administrative
official will not have the authority to hire or terminate any employee while acting on a
temporary duty. The administrative official will not have the authority to enter into any
contracts or agreements not already dated before the manager's departure.
2.45.110 Administrative Official — Compensation.
The designated administrative official shall receive increased compensation for the time
assigned as the administrative official not more than the manager's leave. Increased
compensation shall be a ten percent above base salary prorated for the administrative
official's duties. (Example: $105,000 base rate * 10% = $10,500/2080 hours in a work year =
$5.05 /hr. extra per hour worked/assigned as the AO {$202/week)).
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
DAY OF , 2024
Introduced by: Assemblymember Ryan Sharratt
First reading:
Second reading/public hearing:
VOTES:
Ayes:
Noes:
Ordinance No. FY2025-07
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 5 of 5
Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.1... Page 66 of 99
AGENDA ITEM #11.A.
Kodiak Island Borough
OFFICE of the MANAGER
TO: Kodiak Island Borough Assembly
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
FROM: Aimee Williams, Borough Manager
RE: Manager's Report, September 19, 2024
Manager's Department
Prince William Sound Regional Citizen's Advisory Council —
Fall board meeting for PWSRCAC started today and will go through lunch tomorrow. I
got the chance to participate in a Youth Education called the Masters of Disaster where
we had 37 children and their families come in to learn about oil spills.
AML Annual Conference —
Registration is now open for the December 11 th —13th conference.
Open board seats include —
o Director, District 2 — Kodiak / PWS
o Director, Boroughs
o NACo Representative
Joint Use Agreement —
The agreement will be added to the October 10th work session for Assembly review.
Emergency Management —
Continuing meetings with the Acting City
Manager to move forward with the new,
jointly funded Emergency Manager position
and the e911 agreement. Yesterday, we
were able to finalize the job description for
the position.
Storm Damage —
A large tree that originated in a KIB road
right-of-way fell into a SUV yesterday in the
Bells Flats area. The Service District
contractor has assisted removing the tree
Page 67 of 99
AGENDA ITEM #11.A.
and removing it from the scene. E&F staff have visited the site and met with the
homeowner.
Current Recruitments —
• General Accountant
• Appraiser Tech — interview scheduled for an in-house applicant
Community Development
Plan 2045 —
Three kick-off meetings for the comprehensive plan have been scheduled for the
following dates and times:
1. September 17 — 5:30 PM to 8:00 PM — Women's Bay Fire Station — Eight
residents attended the meeting.
2. September 24 — 5:30 PM to 7:00 PM — Online meeting — details can be found at
hftps://www.kodiakak.us/759/Plan-2045
3. September 25 — 5:30 PM to 8:00 PM — Kodiak High School
Planning and Zoning Commission —
The Planning and Zoning Commission held a regular meeting on September 18, 2024.
A public hearing was held on a conditional use permit for a vacation home in the R1
zoning district and the review of the CIP list. The Commission approved the conditional
use permit and forwarded a recommendation to the Assembly on the CIP list.
Kodiak Island Borough Advanced Assistance Hydrology and Hydraulics Study for
Sargent Creek and Russian River —
The study proposal from River Focus, Inc. was selected. The professional services
contract for the study is scheduled for the Assembly regular meeting on October 3,
2024.
Community Development Staff -
Joe Grochmal, associate planner has submitted his resignation, his last day with the
borough is scheduled for September 27, 2024. Joe will be moving to Maine to take a
position as the deputy city manager for the City of Waterville, Maine. Community
Development staff thanks Joe for all his hard work for the borough, including his
dedication and writing skills in getting the draft Hazard Mitigation Plan update
completed. Good luck Joe!
Assessing
Field Work —
Assessing staff will be doing in-person field inspections in Monashka, Bells Flats,
Chiniak, and Pasagshak.
Properties seen as of September 10, 2024 - 806
2
Page 68 of 99
AGENDA ITEM #11.A.
Senior Citizen / Disable Veteran exemptions —
Six applicants remain to be determined by the PFD and will be processed when the
information becomes available. Four additional applicants that did not apply for the PFD
have been sent letters and will be processed when the information is received from the
applicants.
Assessing met with KANA on September 17, 2024, to discuss the joint visits to remote
villages. The meeting was successful and resulted in planned dates for village visits,
emails being sent to villages to announce the visit and what residents will need to bring
to get registered for exemptions. An aggressive schedule will allow visits to all of the
villages in November if the weather cooperates.
Exemptions —
• All exemption applications have been completed by KIB. One applicant is
participating in a reconsideration on 9/24/24. One applicant has received their
reconsideration letter and has 30 days to either appeal to the BOE or take it to
Superior Court if they don't agree with the decision.
• One agricultural deferment exemption was applied for by the May 15 deadline
but was returned for an incomplete application. The applicant has not provided
requested information to date.
• Five courtesy letters were mailed to current exemption holders due to Assessing
becoming aware of changed use in all or a portion of their properties. All five
have been notified to complete the exemption application and deliver to the KIB
Assessors office by the January 15, 2025, deadline or risk losing the exemption.
2 have responded to our letter and are complying with the reapplication.
Tyler Conversion —
Assessing continues to run queries for cleanup and is preparing for file transfer.
Apex Sketch software is being downloaded onto computers by IT, Assessing and IT will
be contacting Apex to see if they can convert our sketches. If they cannot, Assessing
will have to redraw all sketches.
Enaineerina and Facilities
Architect Visit —
Hospital Space Study Analysis presentation to the public and assembly is
scheduled for September 26, 2024, work session. Mr. Corey Wall and Mr. David
Frum will be providing the presentation.
Additional facilities which have designs in progress will be visited as required.
Architect will inspect the Peterson roof during the visit on September 25, 2024.
Page 69 of 99
Borough Building Boiler Installation —
• Pipe insulation has begun. Digital Controls will likely not be updated until the
second week of October due to the subcontractor's schedule. KIB staff has
processed a PO for the licensing renewal and software upgrade to allow for
better access and control remotely in the future.
• Still waiting for confirmation that the automatic transfer switch and factory trained
generator manufacturer's representative is scheduled to inspect and test
equipment.
• Remaining work has been discussed with the prime contractor including control
work, insulation, exterior finish, and final inspection.
Women's Bay Playground —
• Project has begun. Contractor has removed old
apparatus and has graded the area in
anticipation for installation of the new
equipment. The original finish date will be
extended approximately two weeks.
KFRC —
• GSA representative is scheduled to be on -island
on September 24, 2024.
• The apartment sewage lift station grinder pumps
have arrived. Issues with identification of the
electrical wiring has delayed start up. Electrical
contractor has been contacted for assistance.
Lift station is being pumped to ensure sanitation is maintained.
• Awaiting final direction from GSA regarding funding of the required water
sampling and analytical testing. The current proposed funding is above the
allotted amount due to the quantity of faucets requiring testing and air freight to
ensure hold times are met.
• Awaiting the follow up reports from the General Services Administration (GSA)
representatives specific to the building's fire alarms and sprinkler systems.
• Staff has been informed that GSA and NOAA will meet next week to discuss the
potential funding for this project. The lease requires agreement and confirmation
form the GSA representative.
• Additional electrical circuits have been priced for GSA consideration to
accommodate additional chillers for NOAA. Awaiting approval prior to ordering
the work or materials.
AGENDA ITEM #11.A.
Old Mental Health Facility —
• This item has been scheduled for discussion on September 261n
Landfill —
• Landfill inspection by ADEC Revolving Loan Fund staff was conducted on
9/19/2024. Inspection went very well. American Iron and Steel requirements have
not been satisfied by the contractor. A written request will be generated to
provide those required documents per the Code of Federal Regulations for this
work.
• Awaiting information and proposed plan from ATF. No contact has been made
since the last discussion.
• ADEC Solid Waste Inspection took place today. Report from the Solid Waste
Division of the ADEC is anticipated in two to three weeks.
Electric fence maintenance work is continuing.
• Staff is continuing to investigate the Compliance Order by Consent (COBC)
associated with the storm water violations.
• Baler building concrete floor has encountered a delay. Concrete supplier does
not have an approved mix design to match the specification.
o Baler Facility will close on September 25, and it is anticipated to be out of
service for possibly 8 weeks for a major rebuild. A dumpster will be
provided for residential customers that bring waste to the Landfill.
Commercial hauler will be loose filling at the current landfill operating
face.
• A Fall Commercial Hazardous Waste Event is scheduled for October 1St and 2"d
This event is focused on commercial entities. Initial information from the
environmental firm is that the request for waste disposal is up compared to last
year's fall event.
• A new facility hard mount antenna is ordered for replacement.
Leachate Treatment Plant —
• Staff continues to process as much leachate as the plant will allow to reduce the
stored quantity.
Staff has requested a written response for permissions to reseed the plant and
the addition of additional bacteria for a more robust colony for the process.
• Staff will be receiving two alternate polymer samples for testing and evaluation.
Page 71 of 99
• Awaiting final shipping dates for the new pump / impeller configuration.
• Davis Construction has hired local workers to begin final repairs and punch listed
items. Minimal work has been performed at the site.
KIBSD —
Peterson School Roof —
• Job is progressing.
• Contractor is waiting for additional metal for the completion of the required
flashing and parapet coverings.
• Louvers and actuators have been installed and the Testing, Adjusting and
Balancing (TAB) of the system is scheduled for September 23rd
• Final inspection is anticipated in early October by Johns Manville
inspector.
Chiniak School —
• A site visit will be scheduled on September 25 to evaluate and document
the exterior condition of the school facility and additional structures on that
site. Architect will accompany staff.
Snow Removal and Ice Control —
Reviews of the materials provided by Assembly Member Sharratt are continuing. Code
changes to allow for the municipal exemption for prevailing wages are being reviewed
by the Attorney. E&F staff and manager are working towards a solution for Bayview
and Monashka service areas.
PKIMC -
• Staff is waiting for PKIMC input prior to working on a R&R List for inclusion
in the Long -Term Care lease discussion.
• Anticipating receipt of the 65% drawings for the chiller replacement and
the Automatic Transfer Switch replacement.
• Staff has been contacted to discuss a drainage issue at the Long -Term
Care facility specific to the showers in patient rooms.
Finance Department
Property Taxes —
2024 tax bills are out — if you did not get one, please contact the finance
department. For those making a full payment, or missed the August 15th half payment
date, the total due must be paid on or before October 15th to avoid additional penalties
Page 72 of 99
AGENDA ITEM #11.A.
and interest. For those who made a timely first half payment by August 15th, the final
half payment must be paid on or before November 15th to avoid additional penalties and
interest.
FY2024 Audit —
The auditors are here this week reviewing our fiscal year 2024 financial information.
Property Assessment and Taxation Implementation Project —
Staff is continuing to meet regularly with Tyler and are in the process of documenting
statements and forms, and next step is mapping data exports to the test environment.
Staff is continuing to work on data cleanup and verification. Current go -live date is June
25, 2025.
Banking RFP Timeline —
TASK ASSIGNED TO PROGRESS START END
Iniflation
Issue RFP Finance 25% 10/14124 10/17/24
Advertise 0% 10/14124 10128/24
Deadline for Witten ?s Finance 0% 1118124 1118124
Pre -Bid Conference Finance 0% 1214/24 12/4124
Deadline for Submittal of Proposals Finance 0% 12/20124 12/20/24
Interview with Seleted Firms Finance 0% 1/6/25 1110/25
Site Visits as necessary Finance 0% 1/6/25 1/10/25
Assembly Approval
Contract Recommendation to Assembly Manager 0% 1/30125 216125
Implementation
Start of New Contract Finance 0% 711 i25 711/25
Evaluation
Gather Lessons Learned Finance 0". 2/10/25 2/14125
Staffing —
We are still looking to fill the open general accountant position.
Page 73 of 99
IT Department
Security Audit -
Proiect timeline:
1. Client Assistance Responses Due - Friday, September 27th
a. IT has been providing information and documentation requested by
auditors.
2. Fieldwork - Offsite - Monday, October 7 - Friday, November 8th
3. Draft Management Report - Friday, November 151h
4. Remediation Roadmap - TBD
Security -
• GCI Copyright Infringement notice: IT received a letter from GCI stating that our
cable modem was used to illegally download the pirated movie, Alien
Romulus. IT disabled internet access for the culprit at the KFRC for 3 days, and
notified the Senior Facilities Manager from Providence so he could let their
residents at KFRC Dorms know of the consequences of another incident which
would mean our internet service through GCI would be suspended for the entire
KIB organization.
IT responded to the unauthorized access to a staff member's KIB Office 365
email account, which was then used in an attempt to trick our finance staff into
sending invoice payments to the attacker's bank account rather than the correct
one. IT stopped the unauthorized access and are reviewing the incident for
improvements to our security policies.
We will likely have to implement two factor authentication for Office 365 for
our staff as one of the follow up measures that we adopt going forward.
Hardware -
Assembly laptops are available for pickup. Need to meet with them individually to
migrate files and settings.
3 Laptops remaining to be deployed. LeDoux, Griffin, and Turner.
Software -
• Laserfiche software upgrade planned for weekend of Sept 21-22.
• Assembly Mimecast rollout scheduled for Friday Sept 20.
GIS -
Assessing has tasked GIS with reviewing - 7800 property records for accuracy and
updating our GIS data. Approximately 250 records left to update. Roughly 6 more have
been completed, please note that these remaining records are time consuming as they
require a lot of research to verify.
• Verify that the legal description is accurate in our records.
• Check survey records and plat information for the properties and update our GIS
systems.
• Assisting E&F with their digitalization project by scanning large format documents
into digital storage
Page 74 of 99
AGENDA ITEM #11.A.
Bayside Fire Department
Personnel Activity / Professional Development / Training -
Week Two of the Firefighters I & II Course is under our belt. Members had the unusual
"surprise" of responding to a working structure fire in an industrial building during this
Monday's class covering Chapters 5 and 27. Company Officer's were meeting with
Deputy Chief Trenery and covering basic incident size up and tactics when the bell
hit. Chief Trenery ensured Engine 11 responded immediately with a full crew of 4 and
currently qualified firefighters were selected from the class to fill out the staffing for
Engine 10 which responded right behind Engine 11 with another 4 firefighters. Squad
10 (Chiefs Vehicle) responded with 2. Firefighter Randall Brown continued instructing
the class and Captain Thran and Lieutenant Grimes responded to the station on recall
and coordinated staffing up Engine 12 (Spare Pumper), Tender 11, & Squad 11.
4 Members of the BFD are gearing up "literally" for the 5 -day Alaska Fire Training
Conference hosted by the Mat -Su Regional Fire Department at the end of the
month. Members have coordinated taking 5 days away from their full time
employment/responsibilities to attend classroom and hands on training covering such
topics as; Firefighter self -rescue, Fire suppression tactics, General Health and
Wellness, and Technical Rescue topics.
Campus Upgrades and Maintenance —
The focus of maintenance and upgrades is turning inward as the days grow shorter and
air a bit colder. Members of the BFD support section is hard at work upgrading the
emergency communications equipment, both that which is housed in the station and on
the Field Comm Unit or "K.A.R.E.S." Bus. The BFD thanks the continued support and
technical expertise of Borough IT Director Fred Berestoff and his talented staff! Thank
you to Firefighter Dan Eubanks for really stepping up and engaging with and acting as a
liaison between the support division and operations to coordinate communications
upgrades and equipment enhancement/care.
"Stuff to Just Make You Happy" —
Well, they say "all things must come to an end", well they may say it, but for us at the
BFD we DON'T LIKE IT!!! We are equally proud/excited & sad to see our brother Joe
Grochmal separate service with our organization to pursue his life's dreams in the great
state of Maine! Joe, who was the Borough's Assistant Planner has spent the last 10
months "devouring" any and all information and training he could get his hands on at the
BFD! He was always present at Monday night training and the only thing that kept him
away from coming to Wednesday night training each week as well was that "pesky" full
time career with the Borough and P&Z meetings! He always was smiling and had a
kind word for all he met. No matter the hour, if Joe was in town he responded to all
emergency calls for service and truly loved helping his community. Joe will be promoted
to regular firefighter on his last day with us, abbreviating his 12 month probationary
period so he can leave us as a "Regular Firefighter and loose the Probie Shield" We
wish Joe the very best and send him off to Maine with a hearty Irish Faugh Ah
Ballagh! Fir Na Tine!! "Clear the Way! Men of Fire!
Page 75 of 99
Reminders for Budget Discussions for FY26
1. Non-profit use of opioid settlement funds
2. Accommodations tax — Breakdown / Amount in Fund / Regulations about using
those funds
In
AGENDA ITEM #14.A.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
}. SEPTEMBER 19, 2024
ASSEMBLY REGULAR MEETING
SUBJECT: Contract No. FY2025-20, One Year Contract With Matson Navigation
Company Of Alaska, Inc. For Metals Processing And Handling
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to authorize the manager to approve Contract No. FY2025-20, a one-year contract with
Matson Navigation Company of Alaska, Inc. for metals processing and handling.
DISCUSSION:
The Engineering & Facilities Department reached out to Matson Navigation Company to renew our
contract on July 31, 2024. Matson provided an updated proposed contract on August 9, 2024. Matson
is the sole source company for this contract as they are the only shipping company in Kodiak that has
the means to handle these regular large metals shipments. Matson also provides the required open top
containers for the consolidation and shipment of ferrous recycle metals.
Matson's rate for metals shipping is calculated per cubic yard (CY). The current contract FY2024-13
the charge is $4.13 per CY for open top containers. Under the proposed new contract FY2025-20 the
charge is $4.40 per CY for open top (OT) containers with a minimum of 15 open top containers shipped
in the fiscal year.
During the current contract term, the KIB Landfill shipped 19,011.56 CY (32 containers), for a total cost
of $78,517.76. KIB received payments for the metal shipped from Radius Recycling (fka Schnitzer) in
the amount of $55,430.15. The difference paid by the KIB to recycle this year was $23,087.61.
E/F staff has estimated the total shipped to be 15,000 CY at $4.40 per CY, for a total of $66,000. This
estimate includes charges for any damages that may occur to the open top container.
ALTERNATIVES:
1. Take No Action
FISCAL IMPACT:
The Solid Waste Disposal Fund has a line specifically allotted to the Metals Processing. For
FY2025 there has been $60,000 dedicated to Metals Processing. We anticipate going over
this budgeted line this year with the price increase, but overall in the Solid Waste Disposal
Fund we have a current remaining balance of $2,965,584.45. There are enough funds
available to cover the anticipated overage.
OTHER INFORMATION:
The Borough Attorney reviewed the most recent contract FY2024-13, this contract is exactly the same
except for the increase in pricing.
Kodiak Island Borough
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 77 of 99
AGENDA ITEM #14.A.1.
Matson Navigation Company of Alaska, LLC.
SERVICE CONTRACT NO. A0081-8
This Contract (hereafter referred to as "Contract") is by and between Matson Navigation Company of Alaska, LLC, a water carrier,
(hereafter referred to as "Carrier") and Kodiak Island Borough (hereafter referred to as "Shipper").
THIS CONTRACT HAS BEEN EXECUTED BELOW BY THE DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY
(Signature) (Date)
Name: Ryan Glover
Title: Director, Pricing
Matson Navigation Company of Alaska, LLC
555 121i Street
Oakland, CA 94607
Fax. No. (510) 628-7365
(Signature) (Date)
Name: Aimee Williams
Title: Borough Manager
Kodiak Island Borough
Manager's Office
710 Mill Bay Road
Kodiak, AK 99615
Tel. No. (907) 486-9343
Affiliates of Shipper Covered by this Contract:
Kodiak Island Borough Landfill, Jeff Johnson
Kodiak Island Borough EF Dept, Patricia Valerio
Invoices to: pvaleriona,kodiakak.us
In consideration of the mutual covenants set forth herein, Carrier and Shipper (hereafter may be referred to individually as a "Party" or
collectively as "Parties") hereby agree as follows:
I. ENTIRE CONTRACT
This Contract, including all attachments hereto, constitutes the full understanding of the Parties and complete and exclusive
statement of the terms of the Contract. The Contract shall replace and supersede any oral or written agreements between the Parties
that deal with the same subject matter as is referenced herein.
II. TERM
The term of this Contract is set forth in Appendix A.
III. CARGO, PAYMENT, AND SERVICE COMMITMENTS
A. This Contract covers the transportation of certain cargo moving in Carrier -provided containers in the U.S. noncontiguous
domestic trade with Alaska, as more specifically designated below. The cargo shall be transported pursuant to the rates, terms,
and conditions set forth herein and in Appendix A and Attachment 1 hereto, and subsequent revisions thereto, which are
incorporated herein by reference and made a part of this Contract.
B. During the term of this Contract, Shipper shall tender to Carrier for transportation a minimum volume of Contract cargo as
provided for in Appendix A ("Minimum Volume Commitment"). For the purpose of calculating volume of cargo tendered under
this Contract, the shipment shall be regarded as having been tendered according to the date entered by Carrier on the bill of
lading. For each container of Contract cargo tendered to Carrier by Shipper for transportation under this Contract, the rates set
forth in Appendix A shall apply based on the nature of the cargo, equipment type, transportation service provided (e.g., Carrier's
marine terminal to Carrier's marine terminal), and origin and destination. Shipper or shipper's agent is responsible for indicating
this Contract number on its shipping instructions submitted to the Carrier for each shipment applicable to this Contract.
However, the Carrier shall reserve the right to permit cargoes not so noted to count toward the Minimum Volume Commitment
upon proof of inadvertent omission.
C. Except as otherwise expressly set forth herein, all cargo transported pursuant to this Contract shall be subject to all charges,
surcharges, arbitraries, assessorials, and rules, including the terms of Carrier's bill of lading , set forth in Carrier's tariff
applicable to the geographic scope of this Contract and published at www.matson.com, which tariff, including its charges,
surcharges, arbitraries, assessorials, rules and Carrier's bill of lading terms, is incorporated herein by reference, made a part of
this Contract, and may be amended by Carrier from time to time (hereafter referred to as "Governing Tariff(s)").
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 78 of 99
AGENDA ITEM #14.A.1.
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-8
D. The terms of Carrier's bill of lading, covering individual shipments under this Contract shall apply to shipments hereunder. In
the event of a conflict among or between the terms of this Contract, Governing Tariff(s), and/or Carrier's bill of lading, the
terms of Carrier's bill of lading shall prevail over the terms of this Contract and/or Governing Tariff(s), and the terms of this
Contract shall prevail over the terms of the Governing Tariff(s) other than Carrier's bill of lading terms.
E. Shipper shall book Contract cargo with Carrier a reasonable amount of time in advance of tender of cargo, and, if Shipper needs
to cancel a booking, Shipper shall do so on a timely basis. Shipper shall space cargo bookings as evenly as possible with
Carrier during the term of this Contract to enable Carrier to allocate sufficient space and equipment to satisfy Shipper's
requirements. Shipper shall safely and securely load Contract cargo in and unload cargo from Carrier -provided containers at the
expense of Shipper.
F. Shipper shall be named as the "Shipper" and/or "Consignee" on all Carrier bills of lading covering transportation under this
Contract. All cargo moving under this Contract shall move on a non-negotiable bill of lading.
G. Carrier shall be compensated for the transportation of Contract cargo under this Contract pursuant to the rates, charges, terms
and conditions set forth in this Contract. Provided Shipper has a current Credit Agreement executed with Carrier, Shipper shall
pay Carrier all rates and charges due for each shipment under this Contract within 30 calendar days from the date of actual
sailing of vessel for each such shipment, and within 30 calendar days of the actual sailing of vessel date for each such shipment
in the case of demurrage and detention charges in connection with such shipments. Whenever Shipper fails to make timely
payment, at Carrier's option Shipper shall prepay Carrier on a cash basis for the transportation of all future cargo moving under
this Contract until Shipper brings its payments under this Contract within the payment period hereunder. Further, if payment is
not made, Carrier shall have a lien which includes the right to retain custody of any and all cargo and/or equipment owned or
tendered to Carrier by Shipper until all past due charges are paid in full.
H. Carrier shall transport the Minimum Volume Commitment set forth in Article III.B. under this Contract on terms and conditions
set forth in this Contract, as timely booked by Shipper against available space. At Carrier's option, and subject to availability
of space, Carrier shall transport Contract cargo tendered by Shipper in excess of the Minimum Volume Commitment during the
term of this Contract pursuant to the terms and conditions of this Contract. The Service Commitment under this Contract is
subject to the schedules and service patterns of Carrier.
IV. FORCE MAJEURE
Notwithstanding any other provision of this Contract, to the extent that either Party may fail to satisfy any obligation imposed under
this Contract (except for a payment or confidentiality obligation) as a result of "Force Majeure", performance of this Contract shall,
to that extent, be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof.
For the purposes of this Article, "Force Majeure" means strikes, work stoppages, lockouts or exceptional circumstances arising from
the threat thereof, Acts of God, State or the Public Enemy, including but not limited to war, acts of nations, acts of governments, acts
of independent states, riots, civil disorder or insurrection, embargo, participation in the US Defense Department Emergency
Preparedness Program, or other disruption of or interference with trade, marine disaster, fire or other casualty. The Party suffering
the Force Majeure shall diligently attempt to remove such cause or causes and shall promptly notify the other Party of its extent and
probable duration. If the Party suffering the Force Majeure is unable to remove the cause or causes within 30 days, the other Party
shall have the right at its option, to terminate, without imposition of penalty or obligation to pay damages, this entire Contract or any
portion thereof caused by the Force Majeure event. In case of Force Majeure, the Minimum Volume Commitment and Carrier's
service commitments will be reduced on a pro rata basis for the period or periods (including Saturdays, Sundays and legal holidays)
during which shipments cannot be made.
LIQUIDATED DAMAGES
If, for any cause other than a cause covered by Article IV or XII of this Contract, the Minimum Volume Commitment set forth in
Article III.B. of this Contract is not satisfied during the term of this Contract, Shipper shall pay Carrier liquidated damages in lieu of
all other damages which would be difficult if not impossible to ascertain with reasonable certainty. Liquidated damages are
determined by multiplying the difference between the number of container loads actually tendered to Carrier and the Minimum
Volume Commitment, by the amount set forth in Appendix A and designated as "liquidated damages". Shipper shall pay such
liquidated damages to Cattier within 30 calendar days following written notification by Carrier.
VI. CONFIDENTIALITY
Except to the extent required by law, by request of a government or agency thereof, or request of a contractor pursuant to contractual
obligation with the Carrier, the Parties shall at all times keep confidential the fact of this Contract, the terms and conditions of this
Contract, and all documents and information provided to a Party under the terms of this Contract, and shall not disclose any such
information to any third party (not including a parent, subsidiary, or affiliated company), except with the prior written consent of the
other Party. Notwithstanding the foregoing, the obligations under this Article shall not apply to: (i) information that, at the time of
disclosure, is, or after disclosure becomes part of, the public domain other than as a consequence of a breach of this Contract; (ii)
information that was known or otherwise available to a Party prior to its disclosure to the other Party; or (iii) information that is
independently developed by either Parry. Upon breach of any obligation under this Article, the non -disclosing Party shall have the
right to terminate this Contract effective immediately; this shall be the sole remedy for such breach.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 79 of 99
AGENDA ITEM #14.A.1.
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-8
VII. WAIVER OF RIGHTS AND REMEDIES UNDER ICC TERMINATION ACT
Shipper and Carrier, pursuant to section 14101(b) of the ICC Termination Act of 1995, hereby waive all rights and remedies under
the Act for the transportation of cargo under this Contract; provided, however, that Shipper and Carrier do not waive the provisions
governing registration, insurance, or safety fitness.
VIII. TERMINATION
In addition to termination provided for in Articles II, IV and VI, this Contract may be terminated by the mutual agreement of the
Parties, or upon notice by the terminating Party to the other Parry, which notice shall specify the reason for the termination and the
effective date of such termination, upon or after the occurrence of the following events: (i) by either Party due to a breach by the
other Parry of any of the terms or conditions of this Contract which is not corrected within 30 days after receipt of written
notification thereof; (ii) by either Party if any petition filed or action respecting the other Parry directly in a reorganization,
arrangement, creditors composition, readjustment, liquidation, dissolution, bankruptcy or similar relief under any other present or
future United States, or other statute, law or regulation, whether or not resulting in the appointment of a receiver, liquidator, assignee,
trustee, custodian, or other similar official, and the continuation of any such decree or order is unstayed and in effect for a period of
30 consecutive days; or (iii) by either Party upon the making by the other Party of an assignment for the benefit of creditors, or the
admission by such Parry in writing of its inability to pay its debts generally as they become due, or the taking of action by such Party
in furtherance of any such action.
Termination of this Contract shall not terminate or otherwise affect any accrued obligations of one Party to the other Party under this
Contract which have arisen prior to such termination.
IX. NOTICES
All notices required to be given under this Contract shall be in writing and deemed given when hand -delivered or by documented
overnight delivery service, or sent by telecopy, telefax, or other electronic transmission service, provided a confirmation copy is also
sent no later than the next business day by first class mail, return receipt requested, to the Party to whom the same is directed at its
address as set forth below or to such other address as such Party shall designate by notice under this Article:
If to Carrier:
Matson Navigation Company of Alaska, LLC
555 121h Street
Oakland, CA 94607
Attention: Vice President, Pricing
If to Shipper: Name and address listed on Signatory 1st page unless a difference listing below
X. ASSIGNABILITY
Any assignment of this Contract without the prior written consent of the other Party shall be void, except that Carrier may assign this
Contract to a successor or affiliated company without prior consent. Notice of such assignment shall be provided by Carrier to
Shipper within five business days of the assignment. This Contract shall be binding on the Parties hereto and their respective,
permitted successors and assigns.
XI. MODIFICATIONS
Except as otherwise provided, no modification of any of the terms or conditions of this Contract shall be effective unless in writing,
signed by an authorized representative of each Party, and specifically stating that it is such modification. Modifications may be made
via electronic mail, subject to mutual consent by an authorized representative of each Party.
XII. WAIVER -DEFAULT
The failure or delay of either Party to insist in any instance upon strict performance of any of the provisions of this Contract, or to
take advantage of any of such Party's rights hereunder, shall not be construed as a waiver of such provisions or the relinquishment of
such rights, but the same shall continue in full force and effect. Should either Party be in default with respect to any of the terms or
conditions of this Contract, the non -defaulting Party may, without prejudice to any other legal remedy, defer further performance
hereunder until such default is remedied. If the non -defaulting Parry defers further performance hereunder, the non -defaulting
Party's commitment shall be reduced for the period or periods (Saturdays, Sundays and holidays included) of such deferral of
performance.
XIII. COUNTERPARTS
This Contract may be executed simultaneously in one or more counterparts, including by means of telefaxed signature pages, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
XIV. RECORD KEEPING
In order to substantiate that the Shipper has met the minimum volume requirement as stated in Item III.B., Carrier may request copies
of the bills of lading of each shipment. Upon request, bills of lading must be submitted to Carrier in a timely fashion.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 80 of 99
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-8
APPENDIX A
MINIMUM VOLUME COMMITMENT:
15 Container Loads
LIQUIDATED DAMAGES:
$400 per shortfall Container Load
DURATION:
Effective Date: October 1, 2024
Expiration Date: September 30, 2025
RATES: (SOUTHBOUND)
Fro
1) Scrap Metal, to include crushed cars
AGENDA ITEM #14.A.1.
n: Kodiak, AK Door
Destination SVC Rate per CWT Minimum Weight EQ Notes
Tacoma, WA Door-CY $ 3.57 44,000 lbs. 40FR
Tacoma, WA Door-CY $ 4.40 44,000 lbs. 400T
SURCHARGES:
A. FUEL SURCHARGES:
Rates contained in this Appendix and addenda thereto are subject to fuel surcharges per Rules 137, 138 and 139 as filed in the
Governing Tariffs.
B. TERMINAL HANDLING CHARGES:
Rates contained in this Appendix and Addenda thereto are subject to Rule 960 of the Governing Tariff unless otherwise specified.
C. HAZARDOUS MATERIALS SURCHARGE:
Rates contained in this Schedule and Addenda thereto are subject to Rule 540 as filed in the Governing Tariff.
OTHER:
D. GENERAL RATE INCREASES:
Except as otherwise provided herein, base freight rates, arbitraries and other special charges provided in this Schedule A and
Addenda thereto shall not be subject to General Rate Increases as filed in the Governing Tariff.
E. ELECTRONIC SIGNATURES:
The Parties may execute or sign this Contract and any subsequent amendments and Contract -related communications by
electronic signature where such signatures are considered valid under applicable law. For this purpose, "electronic signature"
means an electronic symbol or text attached to or logically associated with the Contract and executed or adopted by a person with
the intent and authority to sign this Contract, amendments or related communications. Such electronic signatures may be
transmitted by fax, web interface or email, and must contain textual or other indication that the Party is signing the Contract,
amendment or related communication. Execution of this Contract or any subsequent amendment by electronic or any other form
of legal signature constitutes agreement to be bound by the terms of this Contract or amendment.
F. THROUGH RATEANLAND ONLY RATE ADJUSTMENTS:
Due to volatile intermodal issues (including, but not limited to, inland port/rail congestion, fuel surcharges and power
availability), Carrier reserves the right to review and adjust through and inland -only rates contained herein on a quarterly basis,
commencing with the effective date of this Agreement. Should the resulting adjustment to through and inland -only rates
adversely affect Shipper's ability to meet the MVC (Minimum Volume Commitment) contained herein, the MVC may be
amended by the number of loads directly affected by any such adjustment.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 81 of 99
AGENDA ITEM #14.A.1.
Contract FY2024-13
Matson Navigation Company of Alaska, LLC.
SERVICE CONTRACT NO. A0081-7
This Contract (hereafter referred to as "Contract") is by and between Matson Navigation Company of Alaska, LLC, a water carrier,
(hereafter referred to as "Carrier") and Kodiak Island Borough (hereafter referred to as "Shipper").
THIS CONTRACT HAS BEEN EXECUTED BELOW BY THE DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY
(�/P/lGdjit. %%%/��/Ze•�Cv 9/25/20231y�lt�—V-�t.KX�lriyit/�
(Signature) Y (Date (Signature) (Date) 2-LSia�3
Name: Christopher J. Dianora
Title: Vice President, Pricing
Matson Navigation Company of Alaska, LLC
555 12"' Street
Oakland, CA 94607
Fax. No. (510) 62$ FTEST:
AiVaruz,*CC-
Deputy
Clerl
M A'r'=.
Name: Aimee Williams
Title: Borough Manager
Kodiak Island Borough
Manager's Office
710 Mill Bay Road
Kodiak, AK 99615
4, --
Tel
. No. (907) 486-9343 O -h
Affiliates of Shipper Covered btli
Kodiak Island Borough EF Dir
Kodiak Island Borough Landfill,
Kodiak Island Borough EF Dept, P
Invoices to: pvalerio(u,kodiakak.us
Conrad
qS A i1110Z'
In consideration of FRe mutual ucu&W&jgLLorth herein, Carrier and Shipper (hereafter may be referred to individually as a "Party" or
collectively as "Parties") hereby agree as follows:
I. ENTIRE CONTRACT
This Contract, including all attachments hereto, constitutes the full understanding of the Parties and complete and exclusive
statement of the terms of the Contract. The Contract shall replace and supersede any oral or written agreements between the Parties
that deal with the same subject matter as is referenced herein.
Il. TERM
The tern of this Contract is set forth in Appendix A.
Ill. CARGO, PAYMENT, AND SERVICE COMMITMENTS
A. This Contract covers the transportation of certain cargo moving in Carrier -provided containers in the U.S. noncontiguous
domestic trade with Alaska, as more specifically designated below. The cargo shall be transported pursuant to the rates, terms,
and conditions set forth herein and in Appendix A and Attachment 1 hereto, and subsequent revisions thereto, which are
incorporated herein by reference and made a part of this Contract.
B. During the term of this Contract, Shipper shall tender to Carrier for transportation a minimum volume of Contract cargo as
provided for in Appendix A ("Minimum Volume Commitment"). For the purpose of calculating volume of cargo tendered under
this Contract, the shipment shall be regarded as having been tendered according to the date entered by Carrier on the bill of
lading. For each container of Contract cargo tendered to Carrier by Shipper for transportation under this Contract, the rates set
forth in Appendix A shall apply based on the nature of the cargo, equipment type, transportation service provided (e.g., Carrier's
marine terminal to Carrier's marine terminal), and origin and destination. Shipper or shipper's agent is responsible for indicating
this Contract number on its shipping instructions submitted to the Carrier for each shipment applicable to this Contract.
However, the Carrier shall reserve the right to permit cargoes not so noted to count toward the Minimum Volume Commitment
upon proof of inadvertent omission.
C. Except as otherwise expressly set forth herein, all cargo transported pursuant to this Contract shall be subject to all charges,
surcharges, arbitraries, assessorials, and rules, including the terms of Carrier's bill of lading , set forth in Carrier's tariff
applicable to the geographic scope of this Contract and published at www.matson.com which tariff, including its charges,
surcharges, arbitraries, assessorials, rules and Carrier's bill of lading terms, is incorporated herein by reference, made a part of
this Contract, and may be amended by Carrier from time to time (hereafter referred to as "Governing Tariff(s)").
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 82 of 99
AGENDA ITEM #14.A.1.
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-7
D. The terms of Carrier's bill of lading, covering individual shipments under this Contract shall apply to shipments hereunder. In
the event of a conflict among or between the terms of this Contract, Governing Tariff(s), and/or Carrier's bill of lading, the
terms of Carrier's bill of lading shall prevail over the terms of this Contract and/or Governing Tariff(s), and the terms of this
Contract shall prevail over the terms of the Governing Tariff(s) other than Carrier's bill of lading terms.
E. Shipper shall book Contract cargo with Carrier a reasonable amount of time in advance of tender of cargo, and, if Shipper needs
to cancel a booking, Shipper shall do so on a timely basis. Shipper shall space cargo bookings as evenly as possible with
Carrier during the term of this Contract to enable Carrier to allocate sufficient space and equipment to satisfy Shipper's
requirements. Shipper shall safely and securely load Contract cargo in and unload cargo from Carrier -provided containers at the
expense of Shipper.
F. Shipper shall be named as the "Shipper" and/or "Consignee" on all Carrier bills of lading covering transportation under this
Contract. All cargo moving under this Contract shall move on a non-negotiable bill of lading.
G. Carrier shall be compensated for the transportation of Contract cargo under this Contract pursuant to the rates, charges, terms
and conditions set forth in this Contract. Provided Shipper has a current Credit Agreement executed with Carrier, Shipper shall
pay Carrier all rates and charges due for each shipment under this Contract within 30 calendar days from the date of actual
sailing of vessel for each such shipment, and within 30 calendar days of the actual sailing of vessel date for each such shipment
in the case of demurrage and detention charges in connection with such shipments. Whenever Shipper fails to make timely
payment, at Carrier's option Shipper shall prepay Carrier on a cash basis for the transportation of all future cargo moving under
this Contract until Shipper brings its payments under this Contract within the payment period hereunder. Further, if payment is
not made, Carrier shall have a lien which includes the right to retain custody of any and all cargo and/or equipment owned or
tendered to Carrier by Shipper until all past due charges are paid in full.
H. Carrier shall transport the Minimum Volume Commitment set forth in Article III.B. under this Contract on terms and conditions
set forth in this Contract, as timely booked by Shipper against available space. At Carrier's option, and subject to availability
of space, Carrier shall transport Contract cargo tendered by Shipper in excess of the Minimum Volume Commitment during the
term of this Contract pursuant to the terms and conditions of this Contract. The Service Commitment under this Contract is
subject to the schedules and service patterns of Carrier.
IV. FORCE MAJEURE
Notwithstanding any other provision of this Contract, to the extent that either Party may fail to satisfy any obligation imposed under
this Contract (except for a payment or confidentiality obligation) as a result of "Force Majeure", performance of this Contract shall,
to that extent, be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof.
For the purposes of this Article, "Force Majeure" means strikes, work stoppages, lockouts or exceptional circumstances arising from
the threat thereof, Acts of God, State or the Public Enemy, including but not limited to war, acts of nations, acts of governments, acts
of independent states, riots, civil disorder or insurrection, embargo, participation in the US Defense Department Emergency
Preparedness Program, or other disruption of or interference with trade, marine disaster, fire or other casualty. The Party suffering
the Force Majeure shall diligently attempt to remove such cause or causes and shall promptly notify the other Party of its extent and
probable duration. If the Party suffering the Force Majeure is unable to remove the cause or causes within 30 days, the other Party
shall have the right at its option, to terminate, without imposition of penalty or obligation to pay damages, this entire Contract or any
portion thereof caused by the Force Majeure event. In case of Force Majeure, the Minimum Volume Commitment and Carrier's
service commitments will be reduced on a pro rata basis for the period or periods (including Saturdays, Sundays and legal holidays)
during which shipments cannot be made.
LIQUIDATED DAMAGES
If, for any cause other than a cause covered by Article IV or XII of this Contract, the Minimum Volume Commitment set forth in
Article III.B. of this Contract is not satisfied during the term of this Contract, Shipper shall pay Carrier liquidated damages in lieu of
all other damages which would be difficult if not impossible to ascertain with reasonable certainty. Liquidated damages are
determined by multiplying the difference between the number of container loads actually tendered to Carrier and the Minimum
Volume Commitment, by the amount set forth in Appendix A and designated as "liquidated damages". Shipper shall pay such
liquidated damages to Carrier within 30 calendar days following written notification by Carrier.
VI. CONFIDENTIALITY
Except to the extent required by law, by request of a government or agency thereof, or request of a contractor pursuant to contractual
obligation with the Carrier, the Parties shall at all times keep confidential the fact of this Contract, the terms and conditions of this
Contract, and all documents and information provided to a Parry under the terms of this Contract, and shall not disclose any such
information to any third party (not including a parent, subsidiary, or affiliated company), except with the prior written consent of the
other Party. Notwithstanding the foregoing, the obligations under this Article shall not apply to: (i) information that, at the time of
disclosure, is, or after disclosure becomes part of, the public domain other than as a consequence of a breach of this Contract; (ii)
information that was known or otherwise available to a Party prior to its disclosure to the other Party; or (iii) information that is
independently developed by either Parry. Upon breach of any obligation under this Article, the non -disclosing Party shall have the
right to terminate this Contract effective immediately; this shall be the sole remedy for such breach.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 83 of 99
AGENDA ITEM #14.A.1.
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-7
VII. WAIVER OF RIGHTS AND REMEDIES UNDER ICC TERMINATION ACT
Shipper and Carrier, pursuant to section 14101(b) of the ICC Termination Act of 1995, hereby waive all rights and remedies under
the Act for the transportation of cargo under this Contract; provided, however, that Shipper and Carrier do not waive the provisions
governing registration, insurance, or safety fitness.
VIII. TERMINATION
In addition to termination provided for in Articles II, IV and VI, this Contract may be terminated by the mutual agreement of the
Parties, or upon notice by the terminating Party to the other Party, which notice shall specify the reason for the termination and the
effective date of such termination, upon or after the occurrence of the following events: (i) by either Party due to a breach by the
other Party of any of the terms or conditions of this Contract which is not corrected within 30 days after receipt of written
notification thereof; (ii) by either Party if any petition filed or action respecting the other Party directly in a reorganization,
arrangement, creditors composition, readjustment, liquidation, dissolution, bankruptcy or similar relief under any other present or
future United States, or other statute, law or regulation, whether or not resulting in the appointment of a receiver, liquidator, assignee,
trustee, custodian, or other similar official, and the continuation of any such decree or order is unstayed and in effect for a period of
30 consecutive days; or (iii) by either Party upon the making by the other Party of an assignment for the benefit of creditors, or the
admission by such Party in writing of its inability to pay its debts generally as they become due, or the taking of action by such Party
in furtherance of any such action.
Termination of this Contract shall not terminate or otherwise affect any accrued obligations of one Party to the other Party under this
Contract which have arisen prior to such termination.
IX. NOTICES
All notices required to be given under this Contract shall be in writing and deemed given when hand -delivered or by documented
overnight delivery service, or sent by telecopy, telefax, or other electronic transmission service, provided a confirmation copy is also
sent no later than the next business day by first class mail, return receipt requested, to the Party to whom the same is directed at its
address as set forth below or to such other address as such Party shall designate by notice under this Article:
If to Carrier:
Matson Navigation Company of Alaska, LLC
555 12th Street
Oakland, CA 94607
Attention: Vice President, Pricing
If to Shipper: Name and address listed on Signatory 11 page unless a difference listing below
X. ASSIGNABILITY
Any assignment of this Contract without the prior written consent of the other Party shall be void, except that Carrier may assign this
Contract to a successor or affiliated company without prior consent. Notice of such assignment shall be provided by Carrier to
Shipper within five business days of the assignment. This Contract shall be binding on the Parties hereto and their respective,
permitted successors and assigns.
XI. MODIFICATIONS
Except as otherwise provided, no modification of any of the terms or conditions of this Contract shall be effective unless in writing,
signed by an authorized representative of each Party, and specifically stating that it is such modification. Modifications may be made
via electronic mail, subject to mutual consent by an authorized representative of each Party.
XII. WAIVER -DEFAULT
The failure or delay of either Party to insist in any instance upon strict performance of any of the provisions of this Contract, or to
take advantage of any of such Party's rights hereunder, shall not be construed as a waiver of such provisions or the relinquishment of
such rights, but the same shall continue in full force and effect. Should either Party be in default with respect to any of the terms or
conditions of this Contract, the non -defaulting Party may, without prejudice to any other legal remedy, defer further performance
hereunder until such default is remedied. If the non -defaulting Party defers further performance hereunder, the non -defaulting
Party's commitment shall be reduced for the period or periods (Saturdays, Sundays and holidays included) of such deferral of
performance.
XIII. COUNTERPARTS
This Contract may be executed simultaneously in one or more counterparts, including by means of telefaxed signature pages, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
XIV. RECORD KEEPING
In order to substantiate that the Shipper has met the minimum volume requirement as stated in Item III.B., Carrier may request copies
of the bills of lading of each shipment. Upon request, bills of lading must be submitted to Carrier in a timely fashion.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 84 of 99
Matson Navigation Company of Alaska, LLC.
Kodiak Island Borough
Service Contract A0081-7
APPENDIX A
MINIMUM VOLUME COMMITMENT:
15 loads
LIQUIDATED DAMAGES: $400 per Container
DURATION:
Effective Date: October 1, 2023
Expiration Date: September 30, 2024
RATES: (SOUTHBOUND)
1) Scrap Metal, to include crushed cars
From: Kodiak, AK Door
AGENDA ITEM #14.A.1.
Destination
SVC
Rate per CWT
Minimum Weight
EQ
Notes
Tacoma, WA
Door-CY
$ 3.35
44,000 lbs.
40FR
Tacoma, WA
Door-CY
$ 4.13
44,000 lbs.
400T
SURCHARGES:
A. FUEL SURCHARGES:
Rates contained in this Appendix and addenda thereto are subject to fuel surcharges per Rules 137, 138 and 139 as filed in the
Governing Tariffs.
B. TERMINAL HANDLING CHARGES:
Rates contained in this Appendix and Addenda thereto are subject to Rule 960 of the Governing Tariff unless otherwise specified.
C. HAZARDOUS MATERIALS SURCHARGE:
Rates contained in this Schedule and Addenda thereto are subject to Rule 540 as filed in the Governing Tariff.
OTHER:
D. GENERAL RATE INCREASES:
Except as otherwise provided herein, base freight rates, arbitraries and other special charges provided in this Schedule A and
Addenda thereto shall not be subject to General Rate Increases as filed in the Governing Tariff.
E. ELECTRONIC SIGNATURES:
The Parties may execute or sign this Contract and any subsequent amendments and Contract -related communications by
electronic signature where such signatures are considered valid under applicable law. For this purpose, "electronic signature"
means an electronic symbol or text attached to or logically associated with the Contract and executed or adopted by a person with
the intent and authority to sign this Contract, amendments or related communications. Such electronic signatures may be
transmitted by fax, web interface or email, and must contain textual or other indication that the Party is signing the Contract,
amendment or related communication. Execution of this Contract or any subsequent amendment by electronic or any other form
of legal signature constitutes agreement to be bound by the terms of this Contract or amendment.
F. THROUGH RATE/INLAND ONLY RATE ADJUSTMENTS:
Due to volatile intermodal issues (including, but not limited to, inland port/rail congestion, fuel surcharges and
power availability), Carrier reserves the right to review and adjust through and inland -only rates contained herein on
a quarterly basis, commencing with the effective date of this Agreement. Should the resulting adjustment to through
and inland -only rates adversely affect Shipper's ability to meet the MVC (Minimum Volume Commitment)
contained herein, the MVC may be amended by the number of loads directly affected by any such adjustment.
Contract No. FY2025-20, One Year Contract With Matson Navigation Company... Page 85 of 99
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 19, 2024
ASSEMBLY REGULAR MEETING
SUBJECT: Appointment Of The October 1, 2024, Regular Municipal Election Officials
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
Move to appoint the election officials for the upcoming municipal election as listed on the
memo submitted by the Borough Clerk.
DISCUSSION:
The Local Election is scheduled for Tuesday, October 1, 2024. Included in this packet is a
roster of election officials for your consideration and appointment for the upcoming Regular
Municipal Election. This roster comprises of individuals assigned to work on Election Day at
the precincts, the receiving team, and the canvass board who convenes a week after the
election.
The Borough expresses its appreciation to all volunteers who commit countless hours to
training and service. We also recognize the young individuals who have joined the Youth Vote
Ambassador Program. We are excited to see their engagement in the electoral process.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 7.30.010 Election officials.
A. The assembly shall appoint at least three election officials in each precinct to constitute the
election board of that precinct. The clerk is the election supervisor. One election official shall
be designated as chair and shall be ordinarily responsible for administering the election in that
precinct. The clerk may appoint additional election officials at any polling place where they are
needed to conduct an orderly election and to relieve other election officials of undue hardship.
The clerk may appoint persons aged 16 or older as additional election officials if they meet
the requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any
person so appointed serves under the supervision of the precinct board chair.
B. All election officials should attend a training session unless personally and specifically
excused for cause by the clerk. If any appointed election official is not able to or refuses to
serve on election day, the clerk may appoint a replacement for that official.
C. Except for duly qualified persons 16 to 18 years old appointed under subsection A of this
section, each election official serving at a precinct polling place must be a qualified voter and,
if possible, a resident within the precinct for which appointed.
D. All election officials, before entering upon their duties, must subscribe to the oath required
of all public officers by the Constitution of the State of Alaska in the manner prescribed by the
clerk.
E. Candidates shall not serve as election officials. Certain familial relationships may not exist
Kodiak Island Borough
Appointment Of The October 1, 2024, Regular Municipal Election Officials Page 86 of 99
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 19, 2024
4 '
�s ASSEMBLY REGULAR MEETING
between a candidate and a precinct election official, member of a ballot receiving/counting
team or canvass board in regular or special elections. Those familial relationships are:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
F. If the clerk knows or learns that any of these relationships exist, the precinct election official
shall be notified and replaced.
Kodiak Island Borough
Appointment Of The October 1, 2024, Regular Municipal Election Officials Page 87 of 99
AGENDA ITEM #14.D.1.
Kodiak Island Borough
OFFICE of the CLERK
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
E-mail: clerks@kodiakak.us
TO Kodiak Island Borough Assembly REVISED
FROM: Nova M. Javier, MMC, Borough Clerk
DATE September 19, 2024
RE. Regular Municipal Election Workers
-----------------------------------------
-----------------------------------------
Pursuant to KIB 7.30.010, 1 respectfully request approval of the following individuals who have
volunteered to serve as election officials for the Borough's Upcoming Regular Municipal Election.
KODIAK NO. 1
PRECINCT NO. 820
KODIAK NO. 2
PRECINCT NO. 825
Chair
Sandy Peotter
Chair
Nenita Nicolas
Co-chair
Jan Chatto
Co -Chair
Jamie Bennett
Judge
Joan Altenhof
Judge
Martha Branson
Judge
Jill Skaw
Judge
Eric Engvall
Judge
Susan Jeffrey
Judge
Virginia Puzon
Judge
Kate Tyner
Judge
Jonana J. Orloff
Judge
Marilyn Davidson
Judge
Jennie DelaFuente
Judge
Susan Reid
Judge
Marya Nault
Judge
Jan Haaga
MISSION ROAD
PRECINCT NO. 830
FLATS
PRECINCT NO. 810
Chair
Anita Sholl
Chair
Robin Killeen
Co -Chair
Alison Borton
Co -Chair
Michelle Weekly
Judge
Emma Borton (YA)
Judge
Mary Ann Hickey
Judge
Kathleen Carlsen
Judge
Sophie Frets
Judge
Mary Ann Kondro
Judge
Kristie Wall
Judge
Robert Lachowsky
Judge
Jacqueline L. Landry
Judge
Erik Grupp
Judge
Lora M. Melone Egle
Judge
Lenith Fronda
Judge
Captain Prout
RECEIVING BOARD
Heather Fincher Teresa Medina
Brian Price Bronwyn Currie
YA — Youth Ambassadors
CANVASS BOARD
Sally Haldewang Randy Busch
Kate Loewen Karen Still
EARLY VOTING TEAM
Borough Clerk's Office Staff
City Clerk's Office Staff
Appointment Of The October 1, 2024, Regular Municipal Election Officials Page 88 of 99
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What's I n I t For You
Youth Vote Ambassadors help
voters cast their ballots and
ensure that elections are fair and
honest.
Youth Vote Ambassadors gain
real-life experiences, which they
may be able to use as the basis
for a special project in a
government or social studies
class.
Youth Vote Ambassadors meet
interesting people.
Youth Vote Ambassadors are
compensated for their work done
at the polls on Election Day.
Youth Vote Ambassadors also
receive compensation for
attending a mandatory instruction
class.
Get Your High School
INVOLVED!
Tell your principal that
you want your school to
partici pate in the
Youth Vote Ambassador
Program!
To Get Involved, Contact:
Region II]ections Office
9109 Mendenhall Mall Road, Suite 3
P.O. Box 110018
Juneau, AK 99811-0018
Phone: 907-465-3021
Fax: 907-465-2289
Toll Free: 866-948-8683
www.elections.alaska.gov
H43RI (Rev. 4/09)
Alaska
Division of Elections
Youth Vote
Ambassador
Program
Get Involved Today!
v
cn
m
cm
0
0
Youth Vote Election Workers are the people who
work at polling places on Election Day:
Ambassador checking -in voters, confirming
Program registration status and activating voting
machines.
The Youth Vote Ambassador
Program is designed to enliven
the interest of young people in
the political process and in their
rights and responsibilities as
citizens.
Youth Vote Ambassadors assist
the Division of Elections in voter
outreach education by serving as
Election Workers. Alaska law
allows qualified high school
students who are at least 16
years old to serve as Election
Workers.
Students must submit an application to
the Division of Elections to be
considered for the Youth Vote
Ambassador Program.
Who Can Be A Youth Vote
Ambassador?
A Youth Vote Ambassador must be a
high school student in good standing
and at least 16 years old.
Election Workers must be U.S. citizens
who are available to work during polling
place hours.
Students must have written permission
from a parent or legal guardian.
They may be requested to attend an
Election Worker training session under
the direction of an election official.
Election Workers cannot have a con-
viction for fraud or election offenses.
Election Workers cannot be a close
relative of any candidate on the ballot.
Where Do You Start?
Are you interested in earning money
while serving our State?
Want to get involved in the Youth
Vote Ambassador Program?
Contact the
Region I Elections Office
Today!
Election Workers will explain the
program. All the materials needed to
put the program into effect will be
provided.
Alaska
Division ofElections
Region I Elections Office
9109 Mendenhall Mall Road, Suite 3
P.O. Box 110018
Juneau, AK 99811-0018
Phone: 907-465-3021
Fax: 907-465-2289
Toll Free: 866-948-8683
www.elections.alaska.gov
AGENDA ITEM #18.A.
KODIAK ISLAND BOROUGH
Solid Waste Advisory Board Regular Meeting
May 21, 2024
A Regular Meeting of the Solid Waste Advisory Board was held on May 21, 2024, in the Kodiak
Fisheries Research Center.
CALL TO ORDER
Chair Andie Wall Called the meeting to order at 5:19 pm.
ROLL CALL
Staff Brian Price conducted a roll call. Present were Chair Andie Wall who attended
though Zoom call, Terri Pruitt, Larry Van Daele, and Doug Hogen. A quorum was
established. Also present were Alaska Waste representative David Edwards and KIB
Engineering & Facilities Director David Conrad.
APPROVAL OF AGENDA
VAN DAELE MOVED to approve the agenda. HOGEN seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF PREVIOUS MINUTES
VAN DAELE MOVED to approve the 4.30.2024 meeting minutes. HOGEN seconded.
Discussion ensued. Chair Andie Wall pointed out that there was a repeat of the Board
Member Comments within the minutes. Direction was given to staff to have this
removed.
DOUG HOGEN MOVED to approve the 4.30.2024 meeting minutes as amended.
PRUITT seconded.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT
Chair Andie Wall acknowledged the receipt of the financial report. The board began to
discuss the remaining expenses in the year using the Expense Tracking document.
The funds authorized during the April Regular Meeting were discussed with Chair
Andie Wall for clarification as she was unable to attend that meeting. Purchasing
procedures were discussed. Chair Andie Wall shared her plans to compile a list of
craft supply items for staff to procure with the remaining portion of the budget for
FY2024. Terri Pruitt had questions on remaining expenses and was given clarification
by staff.
The board discussed the estimated timeline to purchase, print, and receive the revised
"How To Recycle In Kodiak" coloring book copies before the end of FY2024. Staff
Kodiak Island Borough
May 21, 2024
Solid Waste Advisory Board Regular Meeting
Minutes
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 91 of 99
AGENDA ITEM #18.A.
Brian Price stated, per the contract with the artist, the final revisions to the coloring
book are to be received by the end of May 2024. Vendor quotes are to be gathered in
the interim to prepare for the next steps in getting the coloring books printed and
received before fiscal year end.
Larry Van Daele raised questions about the $600 that was approved for carboard
recycling decals to be printed and put onto dumpsters to encourage recycling. No
design had been created at the time of the meeting and staff was directed to continue
in that effort.
VISITORS' COMMENTS
DISCUSSION ITEMS/ACTION ITEMS
Threshold Services Report (if present)
Alaska Waste Report (if present)
David Edwards gave his report. He shared his experiences from this year's Spring
Cleanup Day. Efforts with the High School welding class to design and retrofit bear -
resistant lids onto dumpsters remain on going. David Edwards shared an image with
the board of the prototype dumpster being sent to a Bear Rescue Center for
resistance testing. Still concerning dumpsters, Chair Andie Wall turned focus towards
Waste Management needs in the villages. The Alutiiq Tribe of Old Harbor was
mentioned by Andie and that they may be an interested in receiving these models of
retrofitted dumpsters. Dave Edwards explained that these dumpsters are designed to
be offloaded by a trash truck. He was unsure of the village's current methods of waste
disposal and if they would have something like a trash truck to grab and tip the
dumpsters. Terry Pruitt voiced concerns for dumpster by Bayside, stating that the
handles were rusted heavily and impeded ease of access to members of the public.
David Edwards responded by sharing the different solutions that have been tried over
the years to address the levers rusting and that regular cleanings of the dumpsters
should be resuming soon after a staff transition.
US Coast Guard Report (if present)
City of Kodiak Report (if present)
Engineering & Facilities Report (if present)
David Conrad began the Engineering & Facilities Report. The Denali Commission
Grant had recently been approved for KIB. David Conrad emphasized the significance
of this grant and its scope of effect to the community. With such funding, projects
could begin to be looked at further for alterations to anadromous bodies of water,
removal of hazardous materials from rural communities and much more. Larry Van
Daele requested if David Conrad could send the Executive Summary for this grant
application. All agreed that this was a great opportunity for solid waste management.
Kodiak Island Borough
May 21, 2024
Solid Waste Advisory Board Regular Meeting
Minutes
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 92 of 99
AGENDA ITEM #18.A.
Changes to the KIB solid waste contract are to be presented to the Assembly soon.
David Conrad shared the Assembly's interest in waste to energy and encouraged the
board to investigate matters concerning this.
David Conrad continued and shared the summary of waste collected on the
Community Cleanup Day. David Conrad entertained the idea of expanding the window
of opportunity for community members to receive the yellow trash bags handed out.
Rather than just one day that produces a high fluctuation of waste, David Conrad
proposed if it could instead be an entire month that these bags are available to
encourage people to pick up litter for more than just the day. David Conrad voiced that
holding 2 events, one in the spring and one in the fall, is still appropriate even if the
timeframe was expanded. There needs to be opportunity for people before the fishing
season starts.
Doug Hogen asked David Conrad about the status of volunteer trash pickup through
KIB. David Conrad had no knowledge of such program ever being offered through KIB
over the years he has worked. Ongoing efforts to have sports teams in Kodiak
volunteer to pick up blown trash around the landfill were mentioned by David Conrad.
Outreach Reports
Doug Hogen began the outreach reports by sharing how the cleanup event went.
There were a few comments gathered from community members that visited SWAB's
booth at the event. Brian Price relayed these comments to the board. One of the
comments pertained to dumpster locations and how new or returning community
members can locate them. Another question was asked about salvaging from the
Landfill and why it is not allowed. These comments prompted David Conrad to inform
the board of the continuing push for a Waste Collection Facility mentioned in previous
meeting discussion. Logistical considerations and the concerns of the KIB Assembly
were relayed. The board discussed possible directions forward with the Assembly's
interest considered. No other outreach was reported.
Strategic Planning & Organization
Staff Brian Price shared the changes to the Strategic Pan Draft made. There was no
further discussion for Strategic Planning & Organization.
BOARD MEMBERS' COMMENTS
Larry Van Daele - Thanked Doug Hogen and Brian Price for attending the cleanup day
event, congratulated Engineering & Facilities on the Denali Grant, and share that work
is continuing with the Kodiak Brown Bear Trust and the high school welding class.
NEXT MEETING SCHEDULE
The board discussed needs to hold an earlier meeting in June before the fiscal year
end to provide final opportunities to take action on remaining business. The next
meeting date was scheduled for June 11 th, 2024, to start for 5:15 p.m. at the Kodiak
Fisheries Research Center.
Kodiak Island Borough
May 21, 2024
Solid Waste Advisory Board Regular Meeting
Minutes
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 93 of 99
ADJOURNMENT
Chair Andie Wall adjourned the meeting at 6:34 p.m.
ATTEST: U 2 -
Brian
Brian Price, Engineering & Facilities
Secretary
Kodiak Island Borough
May 21, 2024
AGENDA ITEM #18.A.
KODIAK ISLAND BOROUGH
An a Wall, Solid Waste Advisory Board
Chair
Approved on: a 12 I 1 202
EAVIEU
BOROUGH CLERICS OFFICE
KODIAK, ALASKA
Solid Waste Advisory Board Regular Meeting
Minutes
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 94 of 99
KODIAK ISLAND BOROUGH
Solid Waste Contract Committee Regular Meeting
June 4, 2024
The meeting was called to order at 1:12 p.m.
ROLL CALL
AGENDA ITEM #18.A.
Board Members present were James Turner and Scott Smiley. Larry LeDoux was
absent. A quorum was established. Also present were Kodiak Island Borough
Manager Aimee Williams, Kodiak Island Borough Engineering Director David Conrad,
Alaska Waste Representative David Edwards, and Kodiak Island Borough Solid
Waste Manager Jena Hassinger.
APPROVAL OF MINUTES
SMILEY MOVED to approve the minutes from May 14, 2024.
VOICE VOTE CARRIED UNANIMOUSLY.
CITIZENS COMMENTS
(Limited To Three Minutes Per Speaker)
None.
AGENDA ITEMS
a. Draft Second Amendment
Patricia Valerio reviewed the document. There were two changes proposed
and accepted by the Board;
First on page 6 of the agenda packet, under section titled "Increase to
Service Process", remove "more than four (4) times in one
billing month." And replace it with "three (3) occurrences within
a sixty-day (60) period."
Second on page 8 and 9 of the agenda packet to add a reference to the
Increase in Service Section.
The Board provided direction to make all changes to the contract as outlined in
the second amendment draft here, email to Board for comment, and once all
comments have been made/accepted, add it to the Assembly Agenda for
review. Goal is to present to the Assembly July 11th Work Session and 18th,
Regular Meeting 2024. .
BOARD MEMBERS COMMENTS
James Turner — Thank you everyone for the hard work on this.
Scott Smiley — None.
Kodiak Island Borough
June 4, 2024
Solid Waste Contract Committee Regular Meeting Minutes
Page 1 of 2
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 95 of 99
SET NEXT MEETING DATE AND TIME
No meeting scheduled until further notice.
ADJOURNMENT
TURNER MOVED to Adjourn at 1:27pm.
VOICE VOTE CARRIED UNANIMOUSLY.
INFORMATION MATERIALS
SUBN ml�
ED BY:
Patria Valerio,
Engineering and Facilities Department
Date: a Z g 7
Kodiak Island Borough
June 4, 2024
AGENDA ITEM #18.A.
M.
SolidPvVaste Contract Committee Chairman
Date:
SOROl1GH CLEFS OFFICE
KODIAK. ALASKA
Solid Waste Contract Committee Regular Meeting Minutes
Page 2 of 2
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 96 of 99
AGENDA ITEM #18.A.
WOM ENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
Date: Tuesday, August 8, 2024
Call to Order: 5:30
Commissioners Present: Jason Chandler, Billy Ecret, vice -chair, Greg Egle-Chair,
Dave Heuman-Secretary and Bill Roberts.
Commissioners Excused: Jon Melin
Commissioners Absent: Travis Cooper
Also in Attendance: Kevin Arndt and Brandon Cox- Contractor
Approval of agenda by unanimous vote.
Approval of minutes by unanimous vote for:
1. Regular Meeting of July 2, 2024
Citizen's Comments:
1. GE read a letter from Grace Allan re: plat note on her lot allowing only 1 driveway
removal. Alitak/Kalsin area.
Contractor Comments:
1. Storm repairs, grading, potholes and asphalt, Otter culvert cleaning.
Chairman's Report:
1. Work orders
a) BF Rd RAP repair
b) Crack Seal, NTE 20k
c) Culvert @ Chiniak/Sgt Ck needs repair
2. Budget updates- none
3. Communications
a) GE re -submitted S Russ. Ck paving proposal for CIP list w/ Comm. Dev.
Old Business:
1. Fire Dept
a) Repeater install unknown
b) Brush Truck Recall pends scheduling w/ ferry trip
c) Water line repairs; Pump to be replaced 8.13
2. Road Service;
a) Flooded road dates
i) 11/2/23,4/18/24, 5/31/24,
6/8/24
b) Russ Loop Culvert
i) Did some clearing of outfall
end, need to contact
landowner for access to that
end for more excavation.
New Business:
1. Fire Dept
a) New boots for members, NTE 5k
b) 1 yr lease for apartment is up for
renewal.
2. Road Service
a) Moved and passed, recommend
add 15% to monthly invoices
Page 1 of 2
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 97 of 99
WOM ENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
Board Member Comments;
1. GE; Old steel culvert at Chiniak/Sgt Ck needs capping.
2. JC; time to crack seal
Meeting adjourned at 6:24 pm
Next Regular meeting scheduled for September 3, 2024 at 5:30 p.m.
AGENDA ITEM #18.A.
WITNESS
AECE�IVE�D'
SEP 0 5 2024
BOROUGH CLEFKS OFFICE
KODIAK, ALASKA
Page 2 of 2
Solid Waste Advisory Board Regular Meeting Minutes Of May 21, Solid Wast... Page 98 of 99
AGENDA ITEM #18.B.
KODIAK ISLAND BOROUGH
Meeting Type: Assembly Regular Meeting Date: Qq- jq- 20fiq
Please PRINT vour name leaibIv Phone number
Page 99 of 99
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Page 99 of 99
AGENDA ITEM #18.B.
`t Kodiak Island Borough
Assembly Newsletter
Vol. FY2025, No. 5 September 20, 2024
At Its Regular Meeting Of September 19, 2024, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On October 3, 2024, At 6:30
p.m. In The Borough Assembly Chambers.
AMENDED, ADOPTED Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Island
Borough Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite
Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue)
From R3—Multifamily Residential District To B—Business District
ADOPTED Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.10.030
Definitions And Section 2.20.080 Executive Absence To Clarify The Role, Responsibilities, And Pay
Incentives Of The Administrative Official
AUTHORIZED The Borough Manager To Approve Contract No. FY2025-20, A One -Year Contract With
Matson Navigation Company Of Alaska, Inc. For Metals Processing And Handling
APPOINTED The Election Officials For The Upcoming Municipal Election As Listed On The Memo
Submitted By The Borough Clerk
View our website: Visit our Facebook page: � Follow us on
www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter:
@KodiakBorough
Page 100 of 99