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2024-12-19 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, December 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 YouTube 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 November 21, 2024 and Special Meeting Minutes of November 26, 2024 Minutes Binder 5 - 11 7. CITIZENS' COMMENTS 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 11. BOROUGH MANAGER’S REPORT Page 0 of 338 A. 2024-12-19 Borough Manager's Report 12 - 20 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Company For Elevator Maintenance Services Agenda Item Report - Pdf 21 - 36 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agreement With Brechan Construction, LLC For The Lease And Operation Of The Property Commonly Known As The Bells Flats Gravel Pits Agenda Item Report - Pdf 37 - 60 2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement With Far North Services, LLC In The Amount Of $1,390,000 Agenda Item Report - Pdf 61 - 84 3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repairs With Water Technologies Inc. In The Amount Of $88,900 Agenda Item Report - Pdf 85 - 111 4. Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts With Municipal Equipment Supply (MES) In The Amount Of $171,340 Agenda Item Report - Pdf 112 - 114 5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And Attendance Solution With TimeClock Plus, LLC (TCP) In The Amount Not To Exceed $25,000 Agenda Item Report - Pdf 115 - 144 6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With Craig Taylor Company In The Amount Of $61,708.82 Plus The Cost Of Freight, Insurance, And Maintenance Parts Agenda Item Report - Pdf 145 - 152 14.B. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION Page 1 of 338 1. Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zoning, Chapter 205 Amendments And Changes, Section 17.205.055 Submission To Assembly To Require Submission Of All Rezone Requests To The Assembly For Review Agenda Item Report - Pdf 153 - 155 2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island Borough Code Title 17 To Include Defined Intent And Development Standards For Accessory Dwelling Units Agenda Item Report - Pdf 156 - 221 14.D. OTHER ITEMS 1. Abbreviated And Informal Hearing For The Continued Operations Of Restaurant And Eating Place License Sizzler Burger/Peking Restaurant (License #2611) And Restaurant And Eating Place License Second Floor Restaurant (License #3293) During The Second Year Of Their Biennial License Period Agenda Item Report - Pdf 222 - 249 2. Confirmation Of Mayoral And Assembly Appointments To The Different Boards, Committees, And Commissions Agenda Item Report - Pdf 250 - 287 3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Board Of Mr. Erik Grupp Agenda Item Report - Pdf 288 - 294 4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pruitt) Agenda Item Report - Pdf 295 - 298 5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. Kent Cross) Agenda Item Report - Pdf 299 - 302 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS’ COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Cook Inlet Regional Citizens Advisory Council Director's Report 303 - 304 Page 2 of 338 of Mayor Arndt CIRCAC Director's Report - Arndt B. Womens Bay Service Area Board Regular Meeting Minutes of November 5, 2024, and Board of Education Regular Meeting Summary of November 18, 2024 Minutes Binder 305 - 307 C. December 19, 2024, Records Disposal Report 308 - 317 D. Meeting Materials 318 - 338 ___________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 3 of 338 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 1 of 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 21, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on November 21, 2024, in the Assembly Chambers. The meeting was called to order at 7:26 p.m. Staff present were Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Borough Clerk Nova M. Javier, Deputy Clerk Lina Cruz, and Assistant Clerk Irene Arellano. 1. INVOCATION Assessing Director Seema Garroute gave the invocation. 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, Larry LeDoux, Ryan Sharratt, and Scott Smiley. SHARRATT moved to excuse Assembly members Johnson and Whiteside who were absent due to work-related leave. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Ames, LeDoux, Sharratt, and Smiley (AYES); Griffin (NO). 5. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes Of October 17 and Special Meeting Minutes of November 14, 2024 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Teresa Storch • Julie Bonney • Coral Chernoff AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 5 of 337 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 2 of 6 8. AWARDS AND PRESENTATIONS – None. 9. COMMITTEE REPORTS • Assembly Member Griffin reported on the recently held meeting of the Kodiak Island Borough and City of Kodiak Joint Fisheries Work Group and announced the upcoming meeting on December 18, 2024. He also reported on the South West Alaska Municipal Conference Meeting. 10. PUBLIC HEARING A. Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accepting And Appropriating Grant Funds For The 2020/2021 Statewide Salmon Disaster GRIFFIN moved to adopt Ordinance No. FY2025-08. Mayor Arndt opened the public hearing. Hearing and seeing none. Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, and Ames B. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Location Application From Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) From Current Location Of 211 W Rezanof Drive To 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites GRIFFIN moved to voice non-protest to the State of Alaska Alcohol and Marijuana Control Office liquor license transfer of location application from Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) from Current Location Of 211 W Rezanof Drive to 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites. Mayor Arndt opened the public hearing. Coral Chernoff spoke under public hearing. Hearing and seeing no other comments, Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Ames, and Griffin. 11. BOROUGH MANAGER’S REPORT AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 6 of 337 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 3 of 6 Borough Manager Williams provided a manager’s report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt reminded everyone that Thanksgiving is a time of giving and sharing with others. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS – None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commercial Solid Waste Contract With Waste Connections dba Alaska Waste GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2019-25 Amendment #2, Version 2, with Waste Connections dba Alaska Waste. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Ames, Griffin, and LeDoux. 2. Contract No. FY2025-29, Architectural And Engineering Services Contract For Various Capital Improvement Projects With Jensen Yorba Wall, Inc. GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2025-29 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services for Various Capital Improvement Projects. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Ames, Griffin, LeDoux, and Sharratt. 14.B. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.070 Ordinances To Require Substantive Information Is Provided At The Time Of Filing For A Reconsideration GRIFFIN moved to advance Ordinance No. FY2025-10 Version 2 to public hearing at the next regular meeting of the assembly. ROLL CALL VOTE ON THE MOTION FAILED FOUR TO ONE: Ames, Griffin, LeDoux, and Smiley; (NOES); Sharratt (AYE). AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 7 of 337 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 4 of 6 14.D. OTHER ITEMS 1. Review Of The Continued Operations Of Certain Liquor Licenses Or Endorsements During The Second Year Of Their Biennial License Period GRIFFIN moved to protest License Numbers 2611 and 3293 and direct the clerk to notify the licensees of their right to defend their license before the Assembly at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, and Ames. 2. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License Renewal Application For Blue, Inc., Doing Business As B&B Bar (License #85) GRIFFIN moved to voice non-protest to the State of Alaska Alcohol and Marijuana Control Office, Beverage Dispensary License Renewal Application for Blue, Inc., doing business as B&B Bar Liquor (License #85). ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: LeDoux, Smiley, Ames, and Griffin (AYES); Sharratt (NO). 3. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees GRIFFIN moved to confirm the mayoral appointments of assembly member representatives to different boards and committees as included in the meeting packet. ROLL CALL VOTE ON THE MOTION TO CARRIED UNANIMOUSLY: Sharratt, Smiley, Ames, Griffin, and LeDoux. 4. Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid Waste Advisory Board GRIFFIN moved to confirm the mayoral appointment of Ms. Judith Phillips to an At-Large seat on the Solid Waste Advisory Board for a term to expire on December 31, 2025 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Ames, Griffin, LeDoux, and Sharratt. 5. Approval Of Kodiak Island Borough Representation For The Borough Director Seat And The National Association of Counties (NACo) Seat On The Alaska Municipal League Board Of Directors GRIFFIN moved to approve the candidacy of Assembly member Sharratt to the Borough Director seat and the candidacy of Mayor Arndt to the National AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 8 of 337 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 5 of 6 Association of Counties (NACo) seat on the Alaska Municipal League Board of Directors. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, LeDoux, Sharratt, and Smiley. 6. Authorization To Cancel The January 2, 2025, Regular Meeting GRIFFIN moved to cancel the January 2, 2025, regular meeting, and authorize the Borough Manager to schedule a special meeting as necessary. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, and Ames. 15. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Dave Conrad • Coral Chernoff 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Sharratt expressed his challenges within the Assembly when presented with information that appears to have a predetermined outcome. He believes that the Assembly is responsible for governing the town and has enough competency to make independent decisions without being influenced by biased outcomes. He also hoped to work together to improve the Borough’s contracting abilities. • Assembly Member LeDoux appreciated the Assembly’s understanding during his absence, and he was glad to be back. He emphasized the importance of developing a procedure to address community concerns, highlighting that this would serve to acknowledge the issues raised and reassure the community members that their voices are being heard. • Assembly Member Ames noted that due to work commitments, he could not fully engage with the Assembly. He had informed his employer to cut back on his work hours to be more involved with the Assembly. • Assembly Member Griffin shared a lesson about the important role of scribes, emphasizing their reliability and expertise in conveying information to the people. He compared staff to scribes, whom he turned to rely on for information while serving on the Assembly. He expressed gratitude to the staff and praised the Assessing team for their excellent work on the Board of Equalization. He announced the KMXT membership drive week, and he wishes everyone a happy Thanksgiving. • Assembly Member Smiley had no comment. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 9:07 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 9 of 337 Kodiak Island Borough November 21, 2024 Assembly Regular Meeting Minutes Page 6 of 6 KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 10 of 337 Kodiak Island Borough November 26, 2024 Assembly Special Meeting Minutes Page 1 of 1 KODIAK ISLAND BOROUGH Assembly Special Meeting November 26, 2024 A special meeting of the Kodiak Island Borough Assembly was held on November 26, 2024, in the Assembly Chambers. The meeting was called to order at noon. Staff present were Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Deputy Clerk Lina Cruz, and Assistant Clerk Irene Arellano. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Steven Ames, Jared Griffin, Dave Johnson, Ryan Sharratt, and Scott Smiley. CITIZENS COMMENTS • Assessor Seema Garoutte spoke under citizen’s comments. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. Approval of Change Order No. 2 to Contract No. FY2025-22, Baler Floor Overlay Replacement With RAM Enterprises, Inc. In The Amount Of $10, 203.70 GRIFFIN moved to authorize the Borough Manager to approve Change Order No. 2 to Contract No. FY2025-22, baler floor overlay replacement with Ram Enterprises, Inc. in the amount of $10,203.70. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Johnson, LeDoux, Sharratt, and Smiley. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 12:17 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Regular Meeting Minutes of November 21, 2024 and Special Meeting Minutes...Page 11 of 337 1 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams, Borough Manager via Dave Conrad, Administrative Official RE: Manager’s Report, December 19, 2024 Manager’s Department Governor Dunleavy’s Budget – FY 2026 IMPORTANT DATES  December 15, 2024 – Governor’s Proposed budget released (An early cursory review from our state lobbyist revealed that school bond debt is proposed at 100%)  January 21, 2025 – First day of session  February 4, 2025 – 15th day of session, Supplemental bill introduced  February 19, 2025 – 30th day of session, Governor’s Amended budget introduced  April 20, 2025 – 90th day of session, statutory end of session  May 21, 2025 – 21st day of session, constitutional end of session, if extended Budget Information can be found at https://omb.alaska.gov/ Southcoast DOT – Director Chris Goins was on island this week and was able to meet with Mayor Arndt and Dave Conrad to go over Kodiak based projects. KFRC Touch Tank- To accommodate residents and visitors over the holiday break, the KFRC touch tank will be open from 10:00am to 2:00pm each day except for Christmas and New Year’s Day. KIB Gives Back – The KIB staff participated in a food drive and a Giving Tree event over the past few weeks. The food bank is going to receive a hearty donation and thirty-two gifts were AGENDA ITEM #11.A. Page 12 of 337 2 purchased for community members. (Special thanks to our Engineering and Facilities staff members who organized both of these events) December Travel – • Oral Arguments for the Norton Sound v. Nome Supreme Court Case • Oral Arguments for the KANA v. Kodiak Island Borough Case • Prince William Sound Regional Citizen’s Advisory Council Long Range Planning • Alaska Municipal Manager’s Association Meeting • Alaska Municipal League Annual Convention Thank you for the chance to represent KIB at these events. These opportunities offer education and a better understanding of how to advocate for our community on both the state and federal levels. Current Recruitments – • Associate Planner • Appraiser Tech Finance Department FY2024 Audit – Audit is complete and we should be receiving final audit documents by Friday, December 20th. Once received, they will be posted to our website. FY2024 Popular Report - Staff has started work on the annual Popular Report and is planning for a January distribution. 2024 Foreclosure Process – Staff is beginning the foreclosure process for properties that have unpaid/delinquent tax balance. The first step of this process is the publication of a delinquent tax list in the local newspaper, which is planned for February. In order to avoid the first step in the process and being published on this list, tax payments must be received in our office by January 31, 2025. Property Assessment and Taxation Implementation Project – The regularly scheduled meetings staff has with the Tyler Implementation team have been cancelled for December due to staffing shortages during the holidays. Tyler staff is continuing to work on the assessing portion of mapping and test environment and the project is currently at 21% complete. Assessing staff is continuing to work on data cleanup and verification. Go-live date is expected to be June 25, 2025. AGENDA ITEM #11.A. Page 13 of 337 3 Community Development Planning and Zoning Commission Meetings - • On December 11, the Planning and Zoning Commission worked on Ordinance FY2025-NN Pet Related Uses. This has not been seen by the lawyer or the Borough Clerk, as this is just a Discussion Item. • There is no Regular Meeting scheduled for the Month of December, as no cases were submitted. Code Change Recommendations in Progress – • Code Change to Title 17: Assisted Housing. The Commission gave direction to work through State Regulation and COK Building Regulation’s to prepare for the Ordinance staff will be drafting for the next Regular Meeting the Planning and Zoning Commission holds. • Code Update to Title 17: Short-Term Rentals. As well as the above two subjects this one was also only under Items for Discussion. This subject will not go for Public Hearing next month, as they want to work through both municipals regulations prior to drafting an ordinance. Staff will draft definitions for short term rental related uses. The Planning and Zoning Commission is set to review the drafted definitions at next month’s Work Session. Commission Openings - Currently there are 3 open seats on the Commission. After tonight’s meeting, there may only be 2 open seats, both which include a one-year seat representing the City of Kodiak and one full term, three-year seat. Parks and Recreation The next meeting date is January 14, 2025, where the committee will discuss the finalized results of the Parks and Recreation Survey which is due to close just after the New Year. Hydrology and Hydraulics Study Update- • While the staff from River Focus have already been to the island to collect data, the water levels on the waterways were higher than what was advantageous for data collection. James Dixon has been taught how to collect more data using telescoping level rods and will be sending the data he collects to River Focus to include in their study findings. • Staff has ensured that the quarterly reports for the grant area being kept to date. AGENDA ITEM #11.A. Page 14 of 337 4 Assessing Field Work – Assessing staff has finished in-person field inspections in Monashka, Bells Flats, Chiniak, and Pasagshak. During the last 3 weeks, staff made sure all properties were visited and ran a building permit list to begin working on field inspections for those properties. As of December 18, 2024, all field inspections for building permits have been completed. Senior Citizen / Disable Veteran exemptions – In the final wrap up of the Senior Citizen and Disabled Veteran exemptions – • There is one applicant with an undetermined status currently • There is one applicant that reported to Assessing that they protested their PFD denial. If they are found to be eligible, then they may be eligible for their exemption. The PFD office has alerted Assessing that they will be closed to staff from Dec. 27 through Jan. 1, to update the 2025 application period. Both property owners have until Dec. 26 to have their status updated. Any properties that are not considered eligible by the PFD by that date will receive a denial letter for 2024 from Assessing. Village travel dates for SC/DV exemptions: • Karluk, Akhiok, and Larsen Bay were completed on November 20th • Old Harbor was completed November 21st • Ouzinkie was completed November 22nd • Port Lions was completed November 25th This was an effective way to reach residents who are eligible for exemptions. Both staff and KANA got great feedback on how much our Seniors and Veterans appreciate our visits to each location. Assessing and KANA hope to be able to have a presentation ready for the Assembly soon. Values - Assessing has not seen a leveling or decrease in values for properties. Sales continue to increase compared to assessed values. Position Opportunities – Assessing has an opening for an Appraiser Tech and has received an application for this position. 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 hired Paul Friel back as a temporary appraiser tech to complete all the sketches, since he is familiar with Harris’ sketch program. Paul works three days a week, had to set up Apex with the correct labels, can sketch between 50 and 100 properties a day depending on the area. AGENDA ITEM #11.A. Page 15 of 337 5 Engineering and Facilities Borough Office Lift Station Issues - Alarms were triggered by electrical draw while pumps were both running. Electrician and plumber have been notified and tested the system. System is being monitored for additional issues. Insulation will be installed for noise reduction. Borough Building Boiler Installation – Contractor is continuing to complete the punch list. Several items including close out documents are pending. Mental Health Buildings – • Utilities are being shut down and a request to the City of Kodiak has been generated to shut off service. Boilers are secured and being drained back. Facility appliances are being removed by KIB staff for disposal at the landfill. • Assembly to decide on funding for the abatement tonight. KFRC – • Awaiting GSA revised contract amount for required water testing. No return contact has been received. The due date for sampling and receipt of data will be extended to reflect the delay. • Staff continues to wait for a request for additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAA. Project to be funded on the next fiscal year’s budget. • Seawater pumps or drains have developed an issue maintaining adequate flow with the use of a single pump. NOAA has notified the KIB staff that the seawater was not adequate earlier this week which resulted in loss of one experiment. KIB staff is working with the two tenants that utilize sea water to determine the cause of the reduction of gravity flow. • GSA has notified the KIB that they will not participate monetarily with the replacement of the ozone decontamination system. Staff will discuss with the manager and plan to bid the already designed job for advertisement. KFRC Elevator Maintenance Contract – • A motion is on the floor to cancel the contract that the Assembly gave the Manager permission to sign. However, the contract was not actually signed and due to cancelation letters being sent to both responsible bidders on October 15, 2024, there is no longer a viable path to follow. • New version of the proposal using the new template format has been prepared and it ready for advertisement. Landfill – • Baler building concrete floor has been poured and cut and curing compound applied. Contractor will return for additional finish work resulting from the saw AGENDA ITEM #11.A. Page 16 of 337 6 cuts. Epoxy filler is being proposed to the engineer for review and approval. Seven-day break is 3110 for the 5000 lb. fly ash mix. Anticipate the fourteen-day break soon. • Baler Facility remains closed. Strapper is repaired. Baler hydraulic hoses and old valves have been replaced. Hydraulic fluid has been filtered and reutilized. Fluid had small amounts of fine metallic particles. Anticipate baler start up near January 1, 2025. • A dumpster has been provided for residential customers that bring waste to the Landfill. • Commercial hauler continues loose filling at the current landfill operating face. • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. A well installation RFP was drafted to gather data to inform the cause of the storm water violations. Unfortunately, there were no bidders for the project. Leachate Treatment Plant – • Leachate lagoon overflowed on or about December 10. Staff has notified the ADEC as required. Staff continues to process leachate at the fasted rate the plant will handle. • Pretreatment Upgrade Project – Contractor has installed the new larger capacity pumps. New pumps can satisfy the GPM requirement for a very short period. Anticipate the requirement for larger variable frequency drives for greater pump control. • Two process pumps to replace original have been ordered. • Contaminated soils at the hospital site have been tested and passes the requirements to land spread. Results will be reviewed by ADEC Contaminated Sites for review and consideration. • Denali Commission grant for $250,000 has been received. KIBSD – Peterson School Roof – KIB staff is awaiting a final determination for the final repair of the flashing that failed. Anticipate the warranty work will not be completed until spring. Roof has not had any additional leaks reported. Chiniak School – Electrical step-down transformer has been ordered to replace the stolen previously existing. KIBSD is currently hauling water to the school for all water uses except drinking. Snow Removal and Ice Control – • Snow removal and ice control contracts are in place and service is being provided as requested for Monashka and Bayview Service Areas. • Staff will continue revising the KIB Facilities Snow and Ice Control for preparation for advertisement. AGENDA ITEM #11.A. Page 17 of 337 7 Service Areas – Working with the attorney to prepare a standardized contract for all service areas. Information Technology (Changes from the last reporting period are in bold) Policy Development - 1. IT Network documentation development. 2. Disaster Recovery Policy development 3. GIS documentation development PACS Migration – 1. IT is assisting with the PACS migration – working with Assessing on exporting sketch information from PACS to Apex Sketch a. IT has provided Apex sample data from our PACS system to see if it can be migrated to Apex Sketch b. It is meeting with Tyler to aid in data migration. Security - 1. Security Audit – a. Project timeline: i. Client Assistance Responses Due – Friday, September 27th - Completed. ii. Fieldwork - Offsite – Monday, October 7 – Friday, November 8th - Completed. iii. Final report delivered - Completed. 2. IT has checked with the SLCGP and It is possible to apply for a redirection of any remaining awarded Grant funds, IT is evaluating what project or software to apply for. 2. IT has implemented Windows Local Administrator Password Solution (Windows LAPS) which is a way to automatically change, store and encrypt local administrator passwords for better security. 3. The IT department is developing an approval workflow in our helpdesk software to streamline and document the process for approving user access requests, including the creation and modification of user accounts, email access, and other IT-related permissions. Hardware - 1. Working with E&F at the LTP to upgrade their Rockwell Automation SCADA monitoring pc equipment. a. Once Engineering purchases a license, IT will install and configure the new SCADA PC 1. Should be completed by end of December. 2. IT has deployed an additional Wireless Access Point in the Leachate Treatment Plant for their staff. AGENDA ITEM #11.A. Page 18 of 337 8 3. IT is applying asset tags to our IT assets. a. Approximately 50% completed: 1. Desktops - completed. 2. Monitors 3. Servers - Completed 4. Networking equipment 5. Telecommunication Equipment 6. Misc. Network 1. Working on switch configuration backup and configuration repository. Software – 1. Laserfiche: a. IT is working with the Deputy Clerk: i. Date formats and data field updates. i. Metadata updates for the Clerks i. Record schedule updates for all departments. ii. Workflow creation and updating existing workflows. a. IT is working on requested changes to Laserfiche Metadata in our test systems to ensure continuity . 2. Microsoft System Center Operations Manager (SCOM) a. IT is testing an endpoint monitoring software solution to be proactive with identifying issues with our servers and workstations. 3. CompuWeigh - current software configuration review provided by CompuWeigh support staff Friday morning. a. The review was completed with our E&F staff: Paradigm (CompuWeigh company) also demonstrated their RFID system and have quoted for us the upgrade for Engineering. 5. Setup KIBAssembly.org email for Mimecast Archive. GIS - 1. Working on GIS departmental Documentation and policies 2. Working on migrating on premise map imagery to the ESRI cloud, which would reduce KIB on premise requirements for hosting online KIB maps. 3. Property ID reviews ongoing, roughly 100of 7800 remaining. 4. Highlights of the 2024 GIS internet views by the public. a. Approximately 600k total views online. b. 400K of those were the Borough’s Street View. a. Top 4 viewed areas: 1. Downtown Kodiak. 2. Mill Bay Rd. 3. Rezanoff Dr. 4. Walking tour of the Spruce Cape trail. c. Map center had 34k views. AGENDA ITEM #11.A. Page 19 of 337 9 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 3. Consideration of adding more to the junk vehicle removal line item Happy Holidays to everyone and we look forward to a productive 2025. AGENDA ITEM #11.A. Page 20 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Company For Elevator Maintenance Services ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: The motion is on the floor which is to "Move to rescind the authorization for the Borough Manager elevator for Company Elevator with Otis No. Contract award to FY2024-38 maintenance services at the Kodiak Fisheries Research Center." DISCUSSION: On June 27, 2024, the Borough Assembly awarded Contract No. FY2024-38 to Otis Elevator Company. Since that time, the Kodiak Island Borough (KIB) Engineering and Facility Staff has been actively engaged in contract negotiations to finalize the agreement. However, on September 10, 2024, Otis submitted an email proposing additional conditions that the KIB was unable to accept. With negotiations at an impasse, the KIB sought guidance from the Borough Attorney. Following the Borough Attorney's legal advice, the KIB Engineering and Facility Staff decided to cancel the bid per Section 2, Part 18 "Bid Cancellation", of the Invitation to Bid. This decision was further supported by the fact that it has been over the 45-day time limit for executing the contract after the award has passed. While the KIB Code permits awarding the contract to the next responsible bidder, both the Borough Attorney and KIB Staff agreed that rebidding the contract would ensure greater transparency and a cleaner process. Since the Assembly had formally awarded the contract by vote on June 27, 2024, the KIB Engineering and Facility Staff now request the Assembly to rescind the award, officially canceling both the award and contract. At the Assembly meeting on November 14, 2024, the Assembly moved to postponed this item to the December 19, 2024, regular meeting. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: To reduce pages in the packet, please find the Exhibits for the Contract FY2024-38 at the following links: Exhibit A - Invitation to Bid, and Exhibit B - Contractor Bid Package AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 21 of 337 Kodiak Island Borough Elevator Maintenance Services Page 1 of 15 Contract FY2024-38 KODIAK ISLAND BOROUGH AGREEMENT FOR ELEVATOR MAINTENANCE SERVICES Contract No. 2024-38 This Agreement made and entered into this ___ day of ____________ , 2024, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and Otis Elevator Company, whose address is , 619 E. Ship Creek #301, Anchorage, AK 99501 and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able, and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part II, consisting of six (6) sections of Special Provisions. C. Acknowledgements D. Exhibits: A (Invitation to Bid), B (Bid Proposal) PART I GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 22 of 337 Kodiak Island Borough Elevator Maintenance Services Page 2 of 15 Contract FY2024-38 Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of this contract shall prevail, then Exhibit A, then Exhibit B. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b) Contract Term. The initial contract period will terminate on June 30, 2027, with a provision for three (3) one-(1) year extensions at the option of the Borough and depending on the availability of funding. If the Borough offers an extension the Contractor will have not more than thirty (30) days to accept or refuse the offer. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor’s Proposal, which rate schedule is attached as Exhibit B and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; or 2) Defective services not remedied. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough’s contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 23 of 337 Kodiak Island Borough Elevator Maintenance Services Page 3 of 15 Contract FY2024-38 capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non-negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough’s convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re-advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re-advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re-advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 24 of 337 Kodiak Island Borough Elevator Maintenance Services Page 4 of 15 Contract FY2024-38 (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough ATT: Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 Contractor: Otis Elevator Company 619 E. Ship Creek #301 Anchorage, AK 99501 AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 25 of 337 Kodiak Island Borough Elevator Maintenance Services Page 5 of 15 Contract FY2024-38 (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor’s compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor’s or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor’s subcontractors or suppliers. Section 13: No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 26 of 337 Kodiak Island Borough Elevator Maintenance Services Page 6 of 15 Contract FY2024-38 Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor’s sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor’s actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit, or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant, and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term, or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 27 of 337 Kodiak Island Borough Elevator Maintenance Services Page 7 of 15 Contract FY2024-38 (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) Kodiak Island Borough, Borough Manager or designee 2) Otis Elevator Company, Melissa Davidson, Senior Account Manager (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions, and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non-owned, automobile - $1,000,000 per each accident 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days’ advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 28 of 337 Kodiak Island Borough Elevator Maintenance Services Page 8 of 15 Contract FY2024-38 (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 29 of 337 Kodiak Island Borough Elevator Maintenance Services Page 9 of 15 Contract FY2024-38 Borough’s contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions, and provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 30 of 337 Kodiak Island Borough Elevator Maintenance Services Page 10 of 15 Contract FY2024-38 ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above written. KODIAK ISLAND BOROUGH: Date:____________________ By:_____________________________ Aimee Williams Borough Manager ATTEST: By:_____________________________ Nova M. Javier Borough Clerk APPROVED AS TO FORM: By :_____________________________ Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: Date:_____________________ By:_____________________________ Name: ________________________ Otis Elevator Co., Owner/Operator AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 31 of 337 Kodiak Island Borough Elevator Maintenance Services Page 11 of 15 Contract FY2024-38 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2024, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Aimee Williams, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2024, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 32 of 337 Kodiak Island Borough Elevator Maintenance Services Page 12 of 15 Contract FY2024-38 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) I, _____________, a Notary Public, in and for the State of_________________, hereby certify that ___________________________________________, whose name as manager/member of _________________________________, LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ CORPORATE CERTIFICATE I,_______________________ , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that______________________________, who signed said instrument on behalf of the Contractor, was then ___________________ of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. __________________________________ Signature AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 33 of 337 Kodiak Island Borough Elevator Maintenance Services Page 13 of 15 Contract FY2024-38 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _________________ , 2024, before me, the undersigned, a Notary Public in and for the State of _______________ , duly commissioned and sworn, personally appeared _____________________(Name) and ______________________ (Name) known to be the President and Secretary of _________________________, the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 34 of 337 Kodiak Island Borough Elevator Maintenance Services Page 14 of 15 Contract FY2024-38 EXHIBIT A INVITATION TO BID AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 35 of 337 Kodiak Island Borough Elevator Maintenance Services Page 15 of 15 Contract FY2024-38 EXHIBIT B CONTRACTOR’S BID PACKAGE AS SUBMITTED AGENDA ITEM #13.A. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Com...Page 36 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agreement With Brechan Construction, LLC For The Lease And Operation Of The Property Commonly Known As The Bells Flats Gravel Pits ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2010-36B, Lease and Material Sales Agreement, Amendment No. 2 with Brechan Construction, LLC for the lease and operation of the property commonly known as the Bells Flats gravel pits. DISCUSSION: Contract No. FY2010-36 Lease and Material Sales Agreement was entered into as of July 1, 2010, with Brechan Enterprises for the lease and operations of the property often referred to as "the B tracts" or the "Bells Flats gravel pits." Contract No. FY2010-36 included the provision for two five-year contract extensions after the initial term expiration on December 31, 2019. In 2012, the lease was assigned from Brechan Enterprises, Inc. to Brechan Construction, LLC when there was a reorganization of the company. In 2019, Contract No. FY2010-36A was approved to extend the lease through 12/31/24. A representative of Brechan Construction contacted the Borough Manager to request the second extension allowed in the lease. Borough staff have drafted the attached amendment and worked with the Borough attorney and the Brechan Construction representative to finalize it. ALTERNATIVES: Amend the motion Postpone the item Fail the motion FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 37 of 337 Lease and Material Sales Agreement Page 1 of 9 LEASE AND MATERIAL SALES AGREEMENT THIS AMENDMENT NO. 2 TO THE LEASE and MATERIAL SALES AGREEMENT dated July 1, 2010 is made this 1st day of January, 2025 by and between the Kodiak Island Borough (“Landlord” or “KIB”), a borough organized under the laws of the state of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615, and Brechan Construction, LLC (“Tenant” or “BRECHAN”), a limited liability company organized under the laws of the state of Alaska, whose address is 2705 Mill Bay Road, Kodiak, AK 99615. RECITALS WHEREAS, the KIB and BRECHAN’s predecessor in interest, Brechan Enterprises, Inc., entered into a ten (10) year Lease and Material Sales Agreement July 1, 2010, under which BRECHAN is authorized to conduct gravel mining operations on the KIB’s land, paying appropriate rental, taxes, and royalty to the KIB for the gravel removed; and, WHEREAS, the Parties agreed to assignment of the Lease and Material Sales Agreement to BRECHAN in 2012; and, WHEREAS, the Lease and Material Sales Agreement included the option for extending the lease term twice, for a period of five (5) years each, or a total of ten (10) years; and, WHEREAS, the Parties amended the Lease and Material Sales Agreement on June 19, 2019, to extend the term of the Lease for the initial five-year extension until December 31, 2024; and, WHEREAS, BRECHAN has indicated its desire to renew the lease for the second of the two, five (5) year extensions; and, WHEREAS, the Lease and Material Sales Agreement included stipulations regarding gravel mining operations, a State of Alaska Department of Natural Resources approved Reclamation Plan, and a Stormwater Pollution Prevention Plan which were incorporated by reference; and, WHEREAS, the State of Alaska Department of Natural Resources approved Reclamation Plan covered the operating period 2010 thorough 2020; and, WHEREAS, when the Parties amended the Lease and Material Sales Agreement on June 19, 2019, to extend the term of the Lease to December 31, 2024; and, WHEREAS, the covered period of the approved Reclamation Plan expired in 2020 however it has remained active with the State of Alaska Department of Natural Resources; and, WHEREAS, the Parties now desire to further amend and restate the Lease and Material Sales Agreement to extend the term for the second five (5) year extension until December 31, 2029, and to provide for update of the State of Alaska Department of Natural Resources approved Reclamation Plan. AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 38 of 337 Lease and Material Sales Agreement Page 2 of 9 For and in consideration of the covenants, rents and demises, and upon the terms and conditions set forth in this agreement, the Parties agree to amend the Lease and Material Sales Agreement to be restated as follows: 1. Premises. Landlord hereby lets, leases and demises to Tenant the real estate particularly described as follows: Tracts B1, B2, B3 and B4A, Bells Flats Alaska Subdivision, generally according to Plat 69-4 (as to Tract B), located in the Kodiak Recording District, Third Judicial District, State of Alaska. Also known as 12247, 125361 and 12583 Middle Bay Drive and 12027 Bells Flats Road (“the premises”). Tenant, upon paying the rents, and performing all of the terms and covenants required by this agreement, shall peaceably and quietly enjoy the premises subject nevertheless, to the terms of this agreement. 2. Term of Lease. The term of this agreement shall be for the period of five (5) years following the commencement of the term, unless sooner terminated as provided in this agreement. The lease term shall commence on January 1, 2025 (“the anniversary date”), and shall expire at 5:00 P.M., prevailing Alaska Time on December 31, 2029. Brechan must give written notice of its desire to renew this agreement no less than one year prior to the end of the then current term. 3. Rental. In consideration of the demise and leasing of the premises Tenant agrees to pay to Landlord as rental for the premises an annual sum adjusted each June 1st for the following year determined as follows: the prime rate plus 2.0% (as an indication of conventional commercial mortgage rate), but not less than six percent (6%), of the appraised value. Rental will be paid in advance, on or before the first day each month of the lease term. All rent shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Unit Price for Materials. Consistent with KIBC Chapter 18.60, BRECHAN is also granted the right to purchase gravel by this agreement. BRECHAN shall bear the cost of and shall provide the volume determination according to KIBC 18.60.040. The volume determination shall be in units of tons which shall be calculated at the rate of one and seven tenths (1.7) tons per cubic yards. BRECHAN shall pay for this gravel the unit price as determined by the Assembly under KIBC 18.60.060 (the “royalty”). BRECHAN shall submit to KIB on an annual basis and not less than thirty days prior to the anniversary date of this agreement, the volume determination of the gravel removed from the premises and the royalty payment. KIB reserves the right but is not obligated to make its own volume determination of the gravel removed from the premises. In the event BRECHAN fails to pay for the gravel forty -five (45) days after the anniversary date of this AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 39 of 337 Lease and Material Sales Agreement Page 3 of 9 agreement, a penalty of 10% of the amount due shall be assessed. Interest shall accrue on the amount due including the penalty at the rate of twelve percent (12%) per year from the due date. 5. Alteration of Premises. Except for Tenant’s gravel mining operations which are to be conducted consistent with this Lease, Tenant shall not make any alterations, additions, or improvements to the premises without first obtaining the written consent of the Borough Manager or designee. Any such alterations, additions and improvements consented to by the Borough Manager or designee shall be made at Tenant’s expense and only after Tenant has secured all required governmental permits. Tenant shall hold Landlord harmless from all liability and liens resulting from the approved work. All alterations, additions and improvements are subject to the terms of KIBC 18.40.140 and Section 3.1.3 (Equipment/Debris Removal) of the Reclamation Plan. The Parties agree that the approved Reclamation Plan shall be treated as extended and shall remain in effect until replaced with an updated approved Reclamation Plan. Tenant shall, within six (6) months of execution of this Amendment No. 2, provide KIB with an updated Department of Natural Resources approved Reclamation Plan substantially similar to the original Reclamation Plan which covers the extended term of the Lease and Material Sales Agreement. BRECHAN’s obligations to perform the Reclamation Plan shall survive expiration of the term of this Lease, and the security for performance, as provided for in Section 28, shall be maintained until the Reclamation Plan is fully performed. 6. Use of Premises. The premises shall be used as support for Tenant’s extraction, remanufacturing and removal of gravel from the premises (generally referred to as “gravel mining”) and for no other purpose, without the prior written consent of the Borough Manager or designee. Tenant shall not use or permit the premises or any part thereof to be used for any purpose in violation of any borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant shall comply with all laws affecting the property and its gravel mining operation. Tenant agrees that it, together with all other persons entering and/or occupying the premises at its request or with its permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the protection of the surrounding habitat and residential areas. The violation of any such rules and regulations shall be deemed a material breach of this agreement by Tenant. Tenant shall use, operate and/or install any electrical or mechanical equipment, machinery, or mechanical devices on the premises in compliance with the highest standards applicable to the premises, or to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged. Tenant expressly agrees to comply with the list of stipulations on attached Exhibit A, which are incorporated into and made part of this agreement. 7. Taxes. Tenant shall pay any and all real property taxes based on its possessory interest in the premises, taxes levied on personal property and trade or other fixtures on the premises, severance taxes associated with its resources extracted or produced from the premises, and license and excise fees and occupation taxes covering business conducted on the premises. AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 40 of 337 Lease and Material Sales Agreement Page 4 of 9 8. Utilities. Tenant shall provide at its expense all utilities and services used on the premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of any utilities or services. 9. Maintenance and Repairs. As this is a lease of land, Landlord has no duty to maintain or repair the premises. Tenant shall, at its expense, maintain and repair the premises. Tenant shall commit no waste of any kind in or about the premises, and Tenant shall pay for all damage to the premises caused by Tenant’s misuse or neglect of the premises. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant’s equipment or other personal property or to Tenant’s business except to the extent attributable to Landlord’s negligence. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the premises. Nor shall Landlord be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said premises, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the operation or use of any of the premises by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 10. Fire and Other Casualty. As this is a lease of land, Landlord has no duty to protect the premises from damage by fire or other casualty. Tenant acknowledges that it must protect its machinery and equipment from damage by fire or other casualty. There will be no reduction in rent in the event that Tenant’s machinery and/or equipment is damaged by fire or other casualty. 11. Subletting and Assignment. Tenant shall not sublet the premises, or any part thereof, or assign this agreement or any part thereof, nor shall this agreement be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Borough Manager or designee to such subletting or assigning; any such assignment or sublease without Borough Manager or designee’s written consent shall be void. Any merger, consolidation, or dissolution to which Tenant is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this agreement for purposes of this paragraph. 12. Indemnification. Tenant shall defend and indemnify Landlord from and against any and all claims, liabilities, or losses of any type arising out of Tenant’s occupancy and use of the premises together with reasonable attorney’s fees and all costs and expenses incurred by Landlord in negotiating, settling, defending and otherwise acting as a result of such claims. Landlord shall promptly notify Tenant of any loss or claim and shall tender defense of such claim to Tenant prior to negotiating, settling, or defending such claim. 13. Insurance. Tenant, at its sole expense, shall keep or cause to be kept in force for the mutual benefit of Landlord and Tenant comprehensive broad form general public liability insurance coverage against claims and liability for personal injury, death or property damage AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 41 of 337 Lease and Material Sales Agreement Page 5 of 9 arising from the use, occupancy, disuse, or condition of the premises, improvements, or adjoining areas or ways. This insurance shall provide coverage of at least $2,000,000 aggregate, $1,000,000 per occurrence, $2,000,000 for products/operations and $1,000,000 for personal and advertising. Landlord shall be an additional named insured in such policy or policies. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord and licensed to do business in Alaska. All such policies shall be nonassessable and shall contain language to the effect that (1) any loss shall be payable notwithstanding any act or negligence of Landlord that might otherwise result in a forfeiture of the insurance; (2) the insurer waives the right of subrogation against Landlord; (3) the policies are primary and noncontributing with any insurance that may be carried by Landlord; and (4) they cannot be cancelled or materially changed except after thirty (30) days’ notice by the insurer to Landlord. Maintenance of insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under paragraph 13, above. If Tenant fails or refuses to procure or maintain the required insurance or fails to provide Landlord with the required proof of insurance and that it is in force and paid for, Landlord may, at Landlord’s election and without notice, procure and maintain such insurance, or may terminate this agreement without liability upon written notice to Tenant. Any premiums paid by Landlord shall be treated as an added fee due from Tenant with interest at twelve per cent (12%) per year, to be paid on demand. 14. Liens. Tenant will not permit any mechanics’, laborers’ or material men’s liens to stand against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant’s agents in connection with work of any character performed or claimed to have been performed on the premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant’s own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the premises, including liens arising out of, incident to, or connected with the use and occupation of the premises by Tenant. 15. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent, royalty or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after failure to make payment; or (b) Fail to observe or perform any of Tenant’s other covenants, agreements or obligations required by this agreement or the attached exhibits (the list of stipulations (Exhibit A), AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 42 of 337 Lease and Material Sales Agreement Page 6 of 9 the Reclamation Plan dated May 12, 2010 (Exhibit B) as updated incompliance with section 5 of this Lease, all of which are incorporated herein by reference), and if within thirty days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) Fail to mine gravel from the premises for any twelve (12) month period; (d) If Tenant has filed a Petition under Chapter 11 or the Bankruptcy Act, or a voluntary petition under any other provision of the Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt of insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant’s insolvency; or (3) has itself appointed as a debtor-in-possession; or (4) has a trustee appointed for it after a petition has been filed for tenant’s reorganization under the Bankruptcy Act of the United States or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord’s intention to terminate this agreement and all Tenant’s rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this agreement and all rights granted Tenant hereunder shall come to an end as fully as if this agreement then expired by its own terms, and Tenant hereby covenants peaceably and quietly to yield up and surrender to Landlord the premises, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant’s rights hereunder or its interest therein. In the event of termination of this agreement as in this paragraph provided, Landlord shall have the right to repossess the premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this agreement, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 43 of 337 Lease and Material Sales Agreement Page 7 of 9 16. Notices. Any and all notices required or permitted under this agreement, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: TENANT: Kodiak Island Borough Brechan Construction, LLC 710 Mill Bay Road 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 17. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this agreement or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney’s fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney’s fees incurred or paid by such party in connection with such litigation. 18. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this agreement, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy sh all be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 19. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 20. Inspection. Landlord shall at all reasonable times during Tenant’s business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put “to lease” or “for lease” signs in and about the premises, and to show the premises t o prospective tenants, during the last sixty (60) days of this agreement term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraphs 3 or 16 of this agreement. 21. Notices of Nonresponsibility. Landlord may enter the premises at any time for the purpose of posting notices of nonresponsibility. 22. Successors in Interest. This agreement shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 44 of 337 Lease and Material Sales Agreement Page 8 of 9 23. Holding Over. In the event that Tenant holds over at or after the end of the term, the tenancy shall be deemed a month-to-month tenancy commencing on the first day of the holdover period. 24. Signs. Other than “no trespassing” signs and signs necessary for the compliance with regulatory requirements, Tenant agrees that no other sign or signs shall be installed on the premises without the written consent of Landlord. 25. Memorandum of Lease. Tenant agrees that it will not record this agreement. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this agreement, in such form as may be satisfactory to their respective attorneys. 26. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this agreement for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion, the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 27. Construction of Lease. This agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this agreement shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 28. Performance Bond. As required by KIBC 18.60.070 a performance bond in an amount determined by the Manager to be necessary is required to protect Landlord’s interest and ensure satisfactory compliance with this agreement and the Reclamation Plan (Exhibit B). Once the KIB has accepted the Reclamation Plan as having been completed and all equipment of BRECHAN removed the required performance bond security may be released to BRECHAN. 29. Condemnation. If the premises shall be taken or condemned for any public purpose to such an extent as to render the premises untenantable, this agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturbance. This agreement and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the premises or any part thereof (except the property of AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 45 of 337 Lease and Material Sales Agreement Page 9 of 9 Tenant), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust (“encumbrances”). IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____ day of __________________, 2024. TENANT: BRECHAN CONSTRUCTION, LLC By: ________________________________ Don Kashevaroff, CEO of Seldovia Native Association Its Managing Member SUBSCRIBED AND SWORN to before me by _______________________ this _____ day of ____________, 2024, at Kodiak, Alaska. ___________________________________ Notary Public in and for Alaska My Commission expires: ______________ LANDLORD: THE KODIAK ISLAND BOROUGH ____________________________________ Aimee Williams, Borough Manager ATTEST: _________________________________ Borough Clerk, Nova Javier SUBSCRIBED AND SWORN to before me by _______________________ this _____ day of ____________, 2024, at Kodiak, Alaska. ___________________________________ Notary Public in and for Alaska My Commission expires: ______________ AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 46 of 337 EXHIBIrB RECON,LLC 2010 Reclamation Plan B-Tracts Gravel Pit Kodiak,Alaska Isaac Rowland 05/12/2010 m/{m «RECO . W Ro‘.\|and EngineeringConsultam: Sm:It Ramd,PE 4.9]WMAImZ'Am Palm-J;M99645 907-74636.”Odie:907W Cell Jami/40c! Reclamationplan developed by RECON,LLCon behalfof KodiakIsland Borough for the B-Tracts Gravel pits located at BellFlats,KodiakAlaska AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 47 of 337 ‘RECON. CONTENTS 1.0 INTRODUCTION 1.1 Location 1.2 Description of Site .............................. 2.0 OPERATIONS ......................... 2.1 Historic Operations. 2.2 Planned Operations 2.3 Area to be Mined 2.4 Quantity to be Mined wmwmiu 'a — u- L- 3.0 RECLAMATION..................................3 3.1 Landowner Requirements 3 3.1.1 Separation from Russran Creek.3 3.1.2 Diversion Channel ..................3 3.1.3 Equipment/Debris Removal.4 3.1.4 Pond Reclamation........5 3.1.5 Re-contouring 5 3.2 ReclamationSchedule...6 3.3 Reclamation Equipment .....................6 4,0 BONDING................................................................... ...................................................... 7 5.0 SUMMARY.................................................................. ..................................................... 7 A 'r TA c H ME N TS Fig 1 -General Location of B-Tracls Pit Fig 2 -2006 Property Survey Fig 3 —Site Map Fig 4 -Reclaimed Site Con?guration Fig 5 —Diversion Channel Cross Section Fig 6 -Pond Over?ow Drawing Project No 'TUE l 12 May 2010 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 48 of 337 1.0 INTRODUCTION This reclamation plan was prepared by RECON.LLC on behalf of Kodiak island Borough (KIB)and covers the reclamation of the B-Tracts material site located in Bell Flats Subdivision.Kodiak Alaska. The land on which the site is located is currently owned by KIBand leased to Brechan Enterprises (the operator).This reclamation plan willbe ?led by Breohan Enterprises as required by Alaska Statute 27.19.This reclamation plan is intended to cover the operations of the pit between 2010 and 2020,corresponding to the term of the lease agreement. This document covers the DNR reclamation requirements as well as additional requirements by the landowner. 1.1 Location The BoTracts material site is located in the Bell Flats Subdivision in the Russian Creek drainage.two miles from the head of Womens Bay.Please see Fig.1 for a map of the general location of the site. 1.2 Description of Site The site is Immediately adjacent to the north limit of the current Russian Creek floodplain.Material extracted from the site is of alluvialorigin and consists of gravel with some sand.The majority of the mined area now consists of two freshwater ponds witha combined extent of approximately 34 acres.The ponds are located on four properties owned by KIB and known as Tracts 3-1.8-2.3-3,and B~4A of the Bell Flats Subdivision.Total area of the four tracts is approximately 84 acres.See Fig.2 for the location of the property lines relativeto the mining operations.KIBcurrently mandates a 200 ft setback for mining operations adjacent to the road. Historicalmining methods are reported to have included surface stripping and loading. undenrvater mining using excavators.tracked dragline and ?xed boom dragline.Given setback requirements and terrain constraints.roughly 54 acres of the total 84 acres contained in the B-Tracts site are available for material extraction. Page 1 12 May 2010 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 49 of 337 2.0 2.1 2.2 2.3 iRECON. OPERATIONS Historic Operations Tracts B-3 and 8-4 have historically been mined by Brechan Enterprises since the 1960's.Excavation at the pit has consisted of surface loading,a tracked crane with clamshell bucket,and a mobile dragline.Current excavation is with a hydraulic excavator mining above and below the water table.A bathymetry survey completed by Kodiak Land Surveyors (KLS)in 2006 showed the bottom elevation of the pond is highly variable with the pond depth ranging from 15-46 ft. The south pond located on the B-1 and 8-2 Tracts has currently been mined using only a hydraulic excavator and is overall ot a shallowerdepth than the B-3 and B-4ATracts pond.The depth of the pond varies between 11 and 20 ft.with the majorityof the pond being >15 it. Planned Operations The majority of the mined area now consists of two freshwater ponds with a combined extent of approximately 34 acres.The ponds are currently divided by a narrow section of land on whichmining and gravel screening operations are based. Extractionof gravel from the site willbe accomplished using a dragline or dredge for mining below the water table.Near surface graveis will be removed using a hydraulic excavator. The section of land dividing the ponds willremain during the mining of the pond bottoms. Once the ponds have been mined to the maximum attainable depth,the gravel screening operation willbe relocated off of the B-Tracts property and the ponds connected.At this point,the remaining original ground between the ponds willbe mined to recover the available gravels. Area to be Mined The area to be mined willvary by year and local demand.in general the majority of mining willconsist of excavation of the pond bottoms.Near the end of the mine life.the ponds willbe combined and the ?nal con?guration of the pit will consist of a single pond covering approximately 52 acres.Final depth of the pond willvary up to 48 it.See Fig. 4 for reclaimed site drawing. Page 2 12 May2010 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 50 of 337 2.4 3.0 3.1 3.1.1 3.1.2 ‘REQON. Quantity to be Mined Quantity to be mined would vary from 5,000 cy/yr to 89.000cylyr with the average quantity estimated at 35,000 cylyr based on historiclocaldemand.Beginning in 2010. the expected total quantity to be removed from the material site is 350.000cy. RECLAMATION Upon completion of operations,or prior to the end of the lease agreement with KIB.the operator will complete the site reclamation as speci?ed in this plan. Landowner Requirements in addition to the general requirements speci?ed in the ADNR Material Site Reclamation Plan.the Kodiak lsland Borough (the landowner)has specified these additionalrequirements: Separation from Russian Creek Separation between Russian Creek and the B-Tracts property should be maintained at all times during operation of the material site.Any maintenance of the existing berms required to maintain this separation willbe the responsibility of the operator. On completion of operations,the separating berm willbe left in a stable state to insure the long term stability of the Russian Creek channel. Diversion Channel The current water diversion channel located along the southeast limit of the property willbe maintained.The channel willbe stabilized and reclaimed during the 2010-2011 summer work seasons.Permitting for this work will be coordinated by the State of Alaska Department of Natural Resources,Division of Coastal 8-Ocean Management. 1.The gravel banks will be sloped to a minimumof 2:1 unless heavily vegetated. Existing overgrown topsoil piles on the SE bank to remain undisturbed as much as practically possible. 2.The banks will be armored with Class l rip-rap to a minimum depth of 18"to prevent ongoing erosion.Riprap willextend from the bottom of the channel to 24" above normal water levels.Total riprap placed below the ordinary high water level is estimated to be 500 yd“. Page 3 12 May 2010 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 51 of 337 3.The berm between the channel and pit will be raised and re-enforced.The elevation above the pond built up to a minimumof 48".Separation between the pond and the channel will be a minimumof 20 ft.The separation willbe ?attened and graded for future equipment access.See Fig.5 for a typical cross section of the channel and pond separation. The culvert and existing gravel barrier connecting the ponds to the diversionditch willbe removed and the site incorporated into the separation berm. At the time of diversion ditch stabilizationand reclamationwork,the unpermitted large culvert used to cross the channel near the southerly end of the lot line common to Tracts B—2and 5-3 willbe removed entirely,or removed and reinstalled properlyconsistent with the specifications of the ADF&GFish HabitatPermit.Final determinationas to removal or reinstallalionwillbe made by an authorizedKIB representative.If reinstalled at that time,this culvertwillbe removed at the end of the lease agreement unless expressly permitted to remain by an authorized KIB representative. Equipment/Debris Removal The site currently contains miscellaneousconstruction debris and unused equipment as well as of?ce and maintenance buildings.As part of the site reclamation the following conditions must be met: 1. 2. Allequipment not being actively utilizedwillbe removed from the site. Allbuildings not being actively utilizedwillbe removed from site. Alltrash and debris willbe removed from site. All contaminated soils will be cleaned up and disposed of in an appropriate and timely manner. It is a requirement of the land owner that the site be kept clean and free of any debris,unused equipment.and contaminated soils during operations.As such. this portion of the reclamation is to be completed during 2009/2010.Buildings. signage.gates and remaining equipment willbe removed at the end of the mine life unless speci?c permission is granted by an authorized KIBrepresentative. 13 May 2010 Page 4 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 52 of 337 3.1.4 3.1.5 12 May 2010 Pond Reclamation At the end of mining,the two currently existing ponds will be combined as a single pond.The following measures willbe completed to stabilize the ponds: 1. 2. The pond shores willbe graded to a water entry slope of 3:1 or ?atter. Slopes below waterlineshall be no steeper than 2:1. Where practical.the shoreline will be made undulating and irregular to simulate a natural contour and provide potential ?sh habitat. The shorelines willbe covered with topsoil and allowedto naturally re-vegetale. The high water over?ow will consist of a rip-rapped spillway with an out?ow elevation approximately 18”above the existing creek level.See Fig 6 for a cross section of the outflow design. Re-contouring The overall site will be re-contoured to a natural and stable state.Speci?c measures required by the landownerinclude: 1. 2. Allslopes.piles and banks willbe reduced to a maximum slope of 3:1. Topsoil stockpiles currently located on the perimeter of the pit willbe graded over the exposed gravel surfaces.The topsoil willbe compacted using a tracked dozer to reduce erosion and allow a re-growth of native vegetation. Exceptions to the above general conditions are as follows: 1. 2. Older piles located to the SE of the existing diversionditch to remain undisturbed. Slopes above the freshwater springs located at the south end of the property to remain undisturbed. Speci?c exceptions may be granted by an authorized KiBrepresentative during the reclamationprocess Page 5 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 53 of 337 3.2 3.3 Reclamation Schedule The mine lifefor this operation is currently assumed to be 10 years.For the majority of this time,the entirety of the site will be utilized.Ongoing reclamationwill consist of stabilization of the by—pass creek channel and removal of un-used equipment and debris.The conformance schedule is as follows: 2010-2011: 1.Removalof debris,excess equipment,any contaminated soilsfrom site. 2.Stabilization of diversion channel as outlined in Section 3.1.2 2020 or End of Operations: 1.Reclamation of pond shore as outlined in Section 3.1.4. 2.Removal of remaining equipment and buildings. 3.Re-contoun’ng of disturbed ground around the pit perimeter. 4.Placement of topsoil over re-graded ground. 5.Natural vegetation will be allowed to propagate on the site. Reclamation Equipment The operator proposes the followingreclamationequipment fleet for the reclamationof the B-Tracts site: 2 -320 series excavators or similar 1 —-DGdozer 1 -—DBdozer 2—10 yd trucks Page 6 12 May 2010 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 54 of 337 4.0 5.0 BONDING The operator of the site will be required to post a reclamation bond with the Kodiak island Borough.The bond will be in an initialamount of $250,000. On completion of the diversion ditch bank reclamation and stabilization to the satisfaction of KIB,the bond willbe reduced by $50.000. On completion of the removal of unused equipment,contaminated soils,and construction debris to the satisfaction of KIB,the bond willbe reduced by $50,000. The bond will remain at no less than $150,000 for the remainder of the lease period. SUMMARY This reclamation plan was developed by RECON,LLC on behalf of Kodiak Island Borough.This plan covers the reclamation of the B-Tracts gravel pit during the time period of 2010 through 2020.Responsibility for completion of this plan will rest with Brechan Enterprises,inc. Please contact lsaac Rowland with RECON,LLC at (907)322-5545 with any questions. 12 May 2010 Page 7 AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 55 of 337 ?1, uvrrm mm Fig 1 ‘B-Traud Location nrmlmzm or mi mum W um um uzmvw «nun :-u u gs .a‘‘ _n ._V l 'm cm:Inn ‘nguum-'j 4; u 'n ,’u 1-.v,.,__‘..__ l ""‘.. 1E‘~‘n“Inn-nun:,,__'3«Lm1_u: pm..."n...” bud-#WWI—l?_~.—.—.~.--q—— inn-nu...- u—u.—-——u.¢.—u-——.._.a~~._.n-n~..—u.n WIC‘IIW.AMSM "-1me mum-u- ww—up..-._..—.4... AGENDA ITEM #14.A.1. Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agree...Page 56 of 337 AG E N D A I T E M # 1 4 . A . 1 . Co n t r a c t N o . F Y 2 0 1 0 - 3 6 B , A m e n d m e n t N o . 2 , L e a s e A n d M a t e r i a l S a l e s A g r e e . . . Pa g e 5 7 o f 3 3 7 a2).mamIHE.m>m._0?unk—Hmx?uov.Immi AG E N D A I T E M # 1 4 . A . 1 . Co n t r a c t N o . F Y 2 0 1 0 - 3 6 B , A m e n d m e n t N o . 2 , L e a s e A n d M a t e r i a l S a l e s A g r e e . . . Pa g e 5 8 o f 3 3 7 5:933:00gm:o_?Em_omm“momummonoi.vmi AG E N D A I T E M # 1 4 . A . 1 . Co n t r a c t N o . F Y 2 0 1 0 - 3 6 B , A m e n d m e n t N o . 2 , L e a s e A n d M a t e r i a l S a l e s A g r e e . . . Pa g e 5 9 o f 3 3 7 E.255309:;szz<10ZOEMMZO".020—hour.mm0¢0gnu—mt AG E N D A I T E M # 1 4 . A . 1 . Co n t r a c t N o . F Y 2 0 1 0 - 3 6 B , A m e n d m e n t N o . 2 , L e a s e A n d M a t e r i a l S a l e s A g r e e . . . Pa g e 6 0 o f 3 3 7 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement With Far North Services, LLC In The Amount Of $1,390,000 ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to award Contract No. FY2025-35 for the Mental Health Buildings Demolition and Abatement with Far North Services, LLC in the amount of $1,390,000. DISCUSSION: Assembly member Sharratt requested discussion of this item on July 25, 2024. During the Assembly Work Session on October 31, 2024, David Conrad, Engineering Director, made a presentation about the current status of the Mental Health Buildings. The previous renters vacated the premises June 2022. In the spring of 2024, three of the apartments were impacted by a steam and hot water damages resulting from a frozen/broken domestic heating pipe failure. Knowing the existing buildings contained possible asbestos containing materials the Borough hired NWFF to conduct testing of the impacted spaces. Engineering staff discussed the damages and possible solutions with Jensen Yorba Wall, the Borough's Architectural and Engineering firm. A large portion of the presentation provided at the Work Session was regarding the estimated costs for two phases of a project to recuperate the buildings to a usable status: a demolition and abatement phase and a reconstruction phase. This proposed contract is for phase one, demolition and abatement of the buildings. Staff issued an invitation to bid for this project November 27, 2024, advertised the designated three weeks per KIB Code 3.30.040. Staff performed a pre-bid conference and walk-through of the facilities with interested bidders on December 10, 2024. The bid submissions were due December 13, 2024. Staff received five (5) submissions. Following the review of the bid packages all of submissions were determined to be responsible bidders, with complete bid packages. Far North Services, LLC was determined to be the lowest cost responsible bidder. Award and signing of the contract will also be contingent on the end of the protest period, which ends December 23, 2024. ALTERNATIVES: 1. Take no action. 2. Reject all bids. FISCAL IMPACT: The intention of the Borough is to use ARPA funds to initiate the limited demolition and abatement as specified in the bid package. OTHER INFORMATION: AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 61 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough To reduce pages in the packet, please find the full Invitation to Bid, Specifications, Specifications Appendix 1 & 2, and the Drawings at the Kodiak Island Borough Website: KIB Mental Health Buildings Demo and Abatement AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 62 of 337 Contractor Base Bid Alternate 1 Bid Bid Modification Bid + Alt TOTAL Far North Services, LLC 1,080,000.00$ 80,000.00$ Addition of $230,000.00 1,390,000.00$ RAM Enterprises 1,854,974.14$ 10,777.48$ - 1,865,751.62$ Centeral Environmental, Inc. 2,188,622.00$ 15,503.00$ - 2,204,125.00$ Friend Contractors, LLC 2,524,638.79$ 27,041.03$ - 2,551,679.82$ Alaska Demolition, LLC 2,822,170.00$ 22,500.00$ - 2,844,670.00$ Bid Tabulation Kodiak Island Borough OFFICAL Spreadsheet completed by P.Valerio 12.13.2024 Spreadsheet verified by C. Allen 12.13.2024 This bid tabulation is offical, KIB staff have reviewed and verified the bid documents submitted by the apparent low bidder. Award of the contract is scheduled for Assembly Regular Meeting December 19, 2024, which is contingent on the end of the Protest Period on December 23, 2024. Bid Opening: Dec. 13, 2024 at 2:00pm Mental Health Buildings Demo & Abatement AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 63 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 64 of 337 DRAFT 12.13.2024 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 65 of 337 KODIAK ISLAND BOROUGH MENTAL HEALTH BUILDINGS DEMO & ABATEMENT Contract FY2025-35 CONSTRUCTION CONTRACT 00 5100 - 1 SECTION 00 5100 – CONSTRUCTION CONTRACT KODIAK ISLAND BOROUGH, ALASKA Project: Mental Health Buildings Demo & Abatement Project Number: 25006 / Contract Number: FY2025-35 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and FAR NORTH SERVICES, LLC Company Name PO Box 210483, Anchorage, AK 99521 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an Individual Partnership Joint Venture Sole Proprietorship Corporation incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. 1. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. 2. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor’s own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. 3. Payment under this Contract shall not exceed One Million, Three-Hundred Ninety Thousand dollars ($ 1,390,000.00) . The Parties acknowledge that funds for the payment of this contract are subject to the availability of funds lawfully appropriated for that purpose. 4. Following the date of notice to proceed. [The Borough's signature below shall constitute notice to proceed.] It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date of completion of that phase in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 66 of 337 KODIAK ISLAND BOROUGH MENTAL HEALTH BUILDINGS DEMO & ABATEMENT Contract FY2025-35 CONSTRUCTION CONTRACT 00 5100 - 2 damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. 5. (If required) The bonds given by the Contractor in the sum of five percent (5%) of total bid amount. Five percent of the bid amount is equal to $ 69,500.00 Payment Bond. 6. (If required) Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. 7. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. 8. For purposes of this Contract, Contracting Officer means David Conrad, Engineering Director, or Codi Allen, Project Manager, or any other person designated by the Borough Manager. 9. The Contractor is an independent contractor and not an employee or agent of the Borough. 10. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract located at Projects Office | Kodiak Island, AK - Official Website, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Invitation to Bid [Specifications] Dated Nov. 27, 2024, Addendums, and Bidder’s Submission (2) Specifications Appendix 1 Environmental Site Survey Dated June 14, 2022 (3) Specifications Appendix 2 Hazardous Building Materials Survey Dated June 15, 2022 (4) Drawings Dated Nov. 27, 2024 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 67 of 337 KODIAK ISLAND BOROUGH MENTAL HEALTH BUILDINGS DEMO & ABATEMENT Contract FY2025-35 CONSTRUCTION CONTRACT 00 5100 - 3 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title Date KODIAK ISLAND BOROUGH Signature of Borough Manager Typed Name Date Borough Clerk (Attest) AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 68 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 69 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 70 of 337 KODIAK ISLAND BOROUGH BID MODIFICATION MENTAL HEALTH BUILDINGS DEMO & ABATEMENT 00 4210 SECTION 00 4210 – BID MODIFICATION MENTAL HEALTH BUILDINGS DEMO & ABATEMENT Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the party receiving Bids at the place designated for receipt of Bids. All modifications shall be made to the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder, changes from all Modification forms submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be calculated by the Owner. Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. Bid Item (Base Bid, Alternate, etc) Addition / Deduction (circle one) Amount in Figures Amount in Words Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ ___________________________________________________ Name of Bidding Firm __________________________________________________ Responsible Party Signature Date ___________________________________________________ Printed Name (must be authorized signatory for Bidding Firm) ,000.00 Far North Services LLC Vladimir Berezyuk / Member Base bid two hundred and thrity thousand dollars 12/13/2024 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 71 of 337 From:Dave Conrad To:Patricia Valerio Subject:FW: Mental Health Building Demo & Abatement - BID MODIFICATION Attached - Far North Services LLC Date:Friday, December 13, 2024 3:28:05 PM Attachments:FAR NORTH Bid Modification for Kodiak Metal Health Building Demo and Abate 12-13-2024.pdf From: Rebecca Powell <rebecca@akcbs.net> Sent: Friday, December 13, 2024 12:33 PM To: Dave Conrad <dconrad@kodiakak.us> Cc: vlad@fnsak.com Subject: Mental Health Building Demo & Abatement - BID MODIFICATION Attached - Far North Services LLC Please see attached bid modification from FAR NORTH SERVICES LLC Thanks, Rebecca / Admin Far North Services LLC PO Box 210483 Anchorage, AK 99521 (907) 250-2712 Vlad’s Cell (907) 232-0992 Rebecca's Cell (907) 373-8375 Fax CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 72 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 73 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 74 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 75 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 76 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 77 of 337 AG E N D A I T E M # 1 4 . A . 2 . Co n t r a c t N o . F Y 2 0 2 5 - 3 5 , M e n t a l H e a l t h B u i l d i n g s D e m o l i t i o n A n d A b a t e m e n t . . . Pa g e 7 8 o f 3 3 7 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 79 of 337 AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 80 of 337 From:Dave Conrad To:Patricia Valerio Subject:FW: Mental Health Building Demo & Abatement - Far North Services LLC - BID BOND ATTACHED Date:Friday, December 13, 2024 3:20:20 PM Attachments:Kodiak Bid Bond signed.pdf From: Rebecca Powell <rebecca@akcbs.net> Sent: Friday, December 13, 2024 10:21 AM To: Dave Conrad <dconrad@kodiakak.us> Cc: vlad@fnsak.com Subject: Mental Health Building Demo & Abatement - Far North Services LLC - BID BOND ATTACHED Please see attached bid bond. Please advise if you would like the original mailed. Thanks, Rebecca / Admin Far North Services LLC PO Box 210483 Anchorage, AK 99521 (907) 250-2712 Vlad’s Cell (907) 232-0992 Rebecca's Cell (907) 373-8375 Fax CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 81 of 337 From:Patricia Valerio To:Jerrol Friend ; jon@premierkodiak.com; Ty Swanson ; Jascha Zbitnoff ; Dan Rohrer; Doug Mathers Cc:Aimee Williams; Ryan Sharratt; Cyndy Mika; Duncan Fields ; Dave Conrad; Codi Allen Subject:RE: ARB | Notice of Bid Posting - MH Bldgs Demo & Abatement Date:Friday, December 13, 2024 4:02:00 PM Attachments:241213 Official Bid Tabulation.pdf Good afternoon, All, We held the bid opening this afternoon at 2:00pm for the Mental Health Buildings Demo and Abatement. Attached please find the official bid tabulation. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 pvalerio@kodiakak.us Ph.907-486-9341 Fx.907-486-9394 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Patricia Valerio Sent: Monday, December 2, 2024 4:48 PM To: Jerrol Friend <jerrol@friendcontractors.com>; jon@premierkodiak.com; Ty Swanson <tys@kiha.org>; Jascha Zbitnoff <jascha@brechan.com>; Dan Rohrer <drohrer@kodiakak.net>; Doug Mathers <mathers@gci.net> Cc: Aimee Williams <awilliams@kodiakak.us>; Ryan Sharratt <ryan.sharratt@kibassembly.org>; Cyndy Mika <cyndy.mika@kibsd.org>; Duncan Fields <dfields8925@gmail.com>; Dave Conrad <dconrad@kodiakak.us>; Codi Allen <callen@kodiakak.us> Subject: ARB | Notice of Bid Posting - MH Bldgs Demo & Abatement Good afternoon, All, For your information, the KIB Mental Health Buildings Demo & Abatement bid package has been advertised. It is located on our website at: Bid Postings • KIB Mental Health Buildings Demo & Abatement. It has also been advertised the Kodiak and Anchorage Daily Newspapers. We have reached out to Alaskan contractors who may be interested and currently we have two registered bidders. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 82 of 337 From:Patricia Valerio To:Jerrol Friend ; jon@premierkodiak.com; Ty Swanson ; Jascha Zbitnoff ; Dan Rohrer; Doug Mathers Cc:Aimee Williams; Ryan Sharratt; Cyndy Mika; Duncan Fields ; Dave Conrad; Codi Allen Subject:RE: ARB | Notice of Bid Posting - MH Bldgs Demo & Abatement Date:Friday, December 13, 2024 4:02:00 PM Attachments:241213 Official Bid Tabulation.pdf Good afternoon, All, We held the bid opening this afternoon at 2:00pm for the Mental Health Buildings Demo and Abatement. Attached please find the official bid tabulation. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 pvalerio@kodiakak.us Ph.907-486-9341 Fx.907-486-9394 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Patricia Valerio Sent: Monday, December 2, 2024 4:48 PM To: Jerrol Friend <jerrol@friendcontractors.com>; jon@premierkodiak.com; Ty Swanson <tys@kiha.org>; Jascha Zbitnoff <jascha@brechan.com>; Dan Rohrer <drohrer@kodiakak.net>; Doug Mathers <mathers@gci.net> Cc: Aimee Williams <awilliams@kodiakak.us>; Ryan Sharratt <ryan.sharratt@kibassembly.org>; Cyndy Mika <cyndy.mika@kibsd.org>; Duncan Fields <dfields8925@gmail.com>; Dave Conrad <dconrad@kodiakak.us>; Codi Allen <callen@kodiakak.us> Subject: ARB | Notice of Bid Posting - MH Bldgs Demo & Abatement Good afternoon, All, For your information, the KIB Mental Health Buildings Demo & Abatement bid package has been advertised. It is located on our website at: Bid Postings • KIB Mental Health Buildings Demo & Abatement. It has also been advertised the Kodiak and Anchorage Daily Newspapers. We have reached out to Alaskan contractors who may be interested and currently we have two registered bidders. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 83 of 337 710 Mill Bay Road Kodiak AK 99615 pvalerio@kodiakak.us Ph.907-486-9341 Fx.907-486-9394 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. AGENDA ITEM #14.A.2. Contract No. FY2025-35, Mental Health Buildings Demolition And Abatement...Page 84 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repairs With Water Technologies Inc. In The Amount Of $88,900 ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2025-36 authorization for the design of needed pool repairs with Water Technologies Inc. in the amount of $88,900. DISCUSSION: In the spring of 2023, the Kodiak Island Borough hired Water Technology Inc. (WTI) to visit Kodiak and conduct a comprehensive evaluation on the Pool Facility. This included a full tour of the facility and related amenities and met with the staff to discuss operations. WTI's report included recommended repairs or replacements based on the overserved condition of the aquatic components and the associated rate of probable capital cost. The proposal in front of the Assembly is for WTI to perform design services, program and scope review, construction documents, bidding and negotiation assistance, and construction administration assistance. If the Borough decides to proceed, WTI estimates that 100% construction documents will take 14 to 18 weeks to complete, after receiving a Notice to Proceed. ALTERNATIVES: 1. Take no action. 2. Reject all bids. FISCAL IMPACT: The intention of the Borough is to use ARPA funds to initiate and complete this project. OTHER INFORMATION: WTI has a business license to conduct work in Alaska and a Professional Engineer registered in the State of Alaska on staff to seal/stamp drawings. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 85 of 337 Professional Services Proposal Kodiak Swimming Pool Renovation Kodiak, Alaska WTI Project Number: 22557.01 November 29, 2024 Client Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 David Conrad Director, Engineering & Facilities T. 907.486.9340 dconrad@kodiakak.us Consultant Water Technology, Inc. (WTI) 100 Park Avenue, PO Box 614 Beaver Dam, WI 53916 www.wtiworld.com Ryan Nachreiner Project Director M. 920.392.2918 rnachreiner@wtiworld.com Jennifer Gerber Business Development Leader M. 763.360.0594 jgerber@wtiworld.com AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 86 of 337 Project #22557 • 11/29/2024 • Page 2 of 9 Project Understanding Scope WTI services involve the design of the aquatic components to be renovated or repaired as developed in the WTI Evaluation Report dated February 28, 2023 Description The following proposal is based on these preliminary design criteria. • Repair Pool Vessel Concrete and Corroded Rebar • Repair Broken Pool Tile • Replace Pool Grout • Replace Pool Gutter Waterproofing • Replace Handrail Anchors and Escutcheons • Install Pump Variable Frequency Drive • Relocate Flow Meter • Replace Filter Diaphragm Valves • Replace Pipe Hangers • Replace Starting Platforms • Replace Diving Stand • Replace Filter Sand Budget The aquatic construction budget is anticipated to be approximately $400,000 to $700,000 USD. Scope of Services Program and Scope Review WTI will review and confirm the project scope and discuss with Client any necessary or preferred additions or substitutions. The pool mechanical systems will be confirmed, and potential alterations will be addressed taking into consideration: serviceability, accessibility, efficiency, code requirements and best practice. Program and Scope Review - Deliverables • Finalized Scope Outline Construction Documents WTI will develop designs of the aquatic areas and systems to be renovated or repaired. Final CD Deliverables will contain information suitable for contractors to provide construction pricing or bidding. Final CD Drawings provided by WTI will contain the Professional Seal of an Architect or Engineer licensed in the State of Alaska and will be suitable for review by permitting agencies with jurisdiction over the project. For the Construction Document (CD) phase, WTI will perform the following tasks: • Identify Preliminary Mechanical and Equipment Selections • Develop Preliminary Aquatic Plans and Details • Finalize Pool Equipment and Mechanical Equipment Schedules • Finalize and Assemble Pool and Pool Mechanical Aquatic Drawings o Pool Plans, Sections, and Details o Pool Mechanical Plans, Schedules, and Details o Pool Piping Plans, Schedules and Details AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 87 of 337 Project #22557 • 11/29/2024 • Page 3 of 9 o Pool Structural Design o Pool Mechanical Schematics • Finalize Specifications • Finalize Utility Requirements • Finalize Coordination with other Consultants of the Client • Perform Internal Quality Assurance Procedure • Address Questions and Comments from Permitting Agencies • Assist with Swimming Pool permit applications for local jurisdiction. Owner is responsible for completion, review, and submittal of final application(s). Construction Documents - Deliverables • 90% CD Drawings • 100% CD Drawings • 100% Specifications • Final Utility Requirements • Draft Pool Permit Application(s) Bidding and Negotiation WTI will assist the Client during bid document preparation and negotiation of the Contract Documents. For the Bidding and Negotiation (BN) phase, WTI will perform the following tasks: • Respond to aquatic related Request For Information (RFI) • Provide information and clarifications for Client’s Addenda • Assist in the interview of the Pool Contractors, if requested by Client Bidding and Negotiation - Deliverables • RFI Responses (if required) • Addenda Support Documents (if required) • Conformed Aquatic Documents Construction Administration WTI will assist the Client during construction of the project. WTI will periodically visit the project site and will endeavor to observe the construction for conformance to the CD Deliverables. For the Construction Administration (CA) phase, WTI will perform the following tasks: • Review requested Submittals including Shop Drawings and other information • Review Pool Contractor Change Order requests • Correspond with Permitting Agencies regarding aquatic questions • Review Pool Contractor prepared Aquatic Operation and Maintenance Manual (O&M Manual) • Conduct Site Observation • Provide Field Reports on Site Observation • Review Punch List prepared by Pool Contractor Construction Administration - Deliverables • Shop Drawing Responses • Change Order Responses • O&M Responses • Field Reports • Punch List Responses AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 88 of 337 Project #22557 • 11/29/2024 • Page 4 of 9 Requirements The following information, materials, and approvals are required for WTI to effectively and efficiently perform the services described in this proposal. The Client shall provide WTI, at no cost, with the following: • Project record drawings, if applicable • Project site geotechnical analysis and reports, if available • Construction contract bid documents and addenda • Construction contract bid responses and results Schedule Our fee is based on the following anticipated project milestones: 100% Construction Documents – For Permit Review: 14 to 18 weeks Expediting the project schedule or requiring Construction Documents earlier than anticipated may incur greater costs and require additional charges. WTI shall require a Notice to Proceed (NTP) at a minimum of 90 days prior to any requested completion date for Construction Documents for the proposed scope of work. Services Provided by Others (Coordinated with WTI) WTI will assist with coordinating all WTI provided services with other disciplines of the project team. A non-comprehensive outline of scope for coordination and exclusion from the proposed WTI Scope of Services is below. The following services and project scope shall be the responsibility of the Client, or other Consultants of the Client. Architecture / Landscape Architecture • Natatorium / Waterpark building or enclosure • Change facilities, locker rooms, food areas, retail areas, offices and/or other support spaces • HVAC mechanical rooms • Pool mechanical, chemical and equipment storage rooms • Pool deck • Pool safety, directional or other signage Civil Engineering • Utility distribution, including gas, electric and water Structural Engineering • Building foundations, footings, bearing and spanning systems, including building support of pool vessels, pool area, pool mechanical equipment, and pool piping • Filtration and other mechanical equipment pads and slabs • Pool area concrete and reinforcement, and joint sealant • Any special inspections required by permitting officials Mechanical Engineering • Boilers, pool water heat exchangers, and controls • Pool heater venting and exhaust • Pool chemical storage room venting and exhaust • Pool mechanical equipment room HVAC • Natatorium HVAC Electrical Engineering • Aquatic Electrical Drawings AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 89 of 337 Project #22557 • 11/29/2024 • Page 5 of 9 o Layout and Specification of all Pool Electrical Equipment including electrical disconnects, variable frequency drives, and/or motor starters for all pool pumps. o Power supply distribution schedules and coordination complete to pool equipment. • Bonding and grounding plans and details for all pools, adjacent decks, deck equipment, and pool electrical equipment. • Pool mechanical equipment room subpanel(s) and breakers • Pool room/area lighting and outlet power • Pool mechanical equipment room lighting and outlet power • Controls and low voltage wiring Plumbing • Pool deck drains, drain locations, and drain piping to waste • Pool mechanical equipment room floor drains and drain piping to waste • Pool filter backwash/drain plumbing, sump, and duplex sump pump system • Pool mechanical equipment room potable water supply including piping to pool auto-fill • Pool mechanical equipment room emergency eyewash station • Fire protection system Testing and Analysis • Geotechnical testing and analysis • Local water testing and analysis Administrative • Permits and regulatory fees. o WTI will provide pool system information to the Client to complete construction permit applications but is not responsible for submission nor payment of fees. • Front-end specifications • LEED® Registration and Application • Document reproduction and distribution • Preparation of addenda • Maintenance of the plan holder list • Record Drawings (unless accepted as an Additional Service) AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 90 of 337 Project #22557 • 11/29/2024 • Page 6 of 9 Terms and Conditions Basis of Agreement This proposal incorporates by reference AIA Document B101-2017, Standard Form of Agreement Between Owner and Architect, or AIA Document C401-2017, Standard Form of Agreement Between Architect and Consultant. The general conditions of the contract will be defined in AIA Document A201-2017, General Conditions of the Contract for Construction. Scope of Services Services offered are limited to those services described in the proposal. No other services are offered or implied unless sp ecifically addressed in the proposal. Expiration The attached proposal is considered valid for a period of ninety (90) days from the date of the proposal or its last revision date, if any. Proposals older than ninety (90) days are expired, unless reissued by WTI with a reissue date. Payment All proposals are based upon payment in US dollars. Invoices will be issued monthly and are payable within forty -five (45) days of date of invoice. An interest rate of one percent (1.0%) per month will be payable on any amount not paid within this time p eriod. Attorney’s fees and any other costs incurred in collecting delinquent accounts shall be paid by Client. WTI will invoice professional fees monthly, on a percent complete basis, throughout the project term. Hourly Charges/Additional Services WTI personnel will be charged at the following rates: Principal/Director $250.00 Project Manager/Engineer $185.00 Creative Studio $160.00 Project Design $145.00 Mechanical Design $170.00 Technical Design $105.00 Administrative $75.00 These rates are valid for a period of twelve (12) months from date of an accepted proposal. These rates are not valid for wo rk involving claims settlement, expert witness or litigation work. Additional services, if requested by Client, will be performed on a stipulated sum or hourly basis, as agreed to in writing by both parties prior to initiating the additional services. Reimbursable Expenses Expenses and services not directly provided by WTI will be invoiced at one and 10/100 (1.10) times cost. International travel is business class air. Domestic airfare will be premium economy (changeable and refundable). These costs are not included in WTI’s fee unless specifically noted as included in our proposal. Air fares are based on seven (7) days advanced purchase. Costs associated with customer requested modifications to travel arrangements after purchase by WTI will be an addition to the contract sum . Additional Project Related Costs The following costs are not included in our proposal and should be antic ipated in the owner’s budgeting: geotechnical services and reports, topographic and boundary surveys (site surveys), testing, project related insurance, legal and safety consultant services, permits and fees, and marketing and operations development. Standard of Care Services provided by WTI under this Agreement will be performed in a manner consistent with that degree of skill and care ord inarily exercised by members of the same profession currently practicing under similar circumstances and in accordance with the gov erning codes and regulations adopted at the time of the execution of this Agreement. No other warranty or representation, either ex pressed or implied, is included or intended in our proposals, contracts, plans and specifications or reports. Risk Allocation Client agrees that to the fullest extent permitted by law, WTI’s total liability to Client for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this Agreement from any cause or causes, shall not exceed the total amo unt of fees for services for this project or twenty-five thousand and no/100 dollars ($25,000.00), whichever is greater. Governance This Agreement shall be governed by the laws of the State of Alaska. Insurance Notwithstanding any other provisions in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect o r in any other way impair any insurance coverage held by either party to this Agreement. During the term of this agreement, WTI agrees to provide evidence of insurance coverage as shown in the example Insurance Certificate attached hereto. In addition, WTI will attempt to maintain continuous professional liability coverage for the period of design and construction of this project, and for a period of three (3) years following substantial completion, if such coverage is reasonable available at commercially affordable premium s. For AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 91 of 337 Project #22557 • 11/29/2024 • Page 7 of 9 the purposes of this agreement, “reasonably available” and “commercially affordable” shall mean that more than half the desig n professionals practicing in this state in this discipline are able to obtain such coverage. Owner will require that any party hired for the construction of the project, including but not limited to the general contractor, construction manager, and subcontractors wi ll include, in addition to the Owner, Water Technology, Inc. and it’s consultants as additional insured for all policies related to the project. Standard insurance carried by WTI is as follows: General Liability (Occurrence) $1.0 Million USD General Aggregate (Project) $2.0 Million USD Automobile $1.0 Million USD Umbrella/ Excess (Occurrence) $4.0 Million USD Workers Compensation Statutory Professional Liability (Occurrence) $2.0 Million USD Professional Liability (Aggregate) $4.0 Million USD Costs for additional coverage limits, if requested, will be paid for by Client. Photography The project architect agrees that any published photos, descriptions or award submittals of the project that include referenc e to the aquatic work shall include WTI as the aquatic consultant. Client Services As part of WTI’s quality assurance program, WTI will contact the Owner regarding services provided by WTI. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, Client and WTI agree that all disputes between them arising out of or relating to this agreement shall be submitte d to nonbinding mediation unless the parties mutually agree otherwise. Client and WTI further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independ ent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultan ts, suppliers or fabricators so retained, thereby providing all mediation as the primary method for dispute resolution, between the parties to those agreements. No mediation arising out of or relating to this agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this agreement, except by written consent containing a specific reference to this agreement signed by Client, WTI and any other person or entity sought to be joined. Consent to mediation involving an additi onal person or entity duly consented to by the parties to this agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Hazardous Materials Client represents to WTI that to the best of Client’s knowledge no hazardous or toxic substances within the meaning of any ap plicable statute or regulation are presently stored, or otherwise located, on the project site or adjacent thereto. Further, within the definition of such statutes or regulations, no part of the project site or adjacent real estate, including the ground water located ther eon, is presently contaminated. Existing Conditions Inasmuch as the remodeling and/or rehabilitation of an existing site/structure requires that certain assumptions be made rega rding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money o r destroying otherwise adequate or serviceable portions of the building, Client agrees, to fullest extent permitted by law, to indemnify and hold the design professional harmless from any claim, liability or cost (including reasonable attorney’s fees and c osts of defense) for injury or economic loss arising or allegedly arising out of the professional services provided under this agreement, exce pting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the de sign professional. Termination Either party may terminate the agreement for convenience after seven (7) days written notice of intent to terminate. Client shall be responsible for all costs and charges incurred up to the date of termination, including reasonable costs for WTI to close the work and organize files. WTI agrees not to charge for lost or anticipated profits on the work not completed and will provide copies o f work files to Client upon receipt of final payment. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 92 of 337 Project #22557 • 11/29/2024 • Page 8 of 9 Fee for Professional Services Fee WTI professional services are offered for a stipulated lump sum and are contingent upon WTI Terms and Conditions. Fee for Professional Services ............................................................................................................. $88,900.00 USD Fee Breakdown per Phase Construction Documents ........................................................................................................... 90% Construction Administration ..................................................................................................... 10% Trips WTI anticipate the following number of in-person trips to facilitate meetings and/or conduct site visits. In-Person Design and Coordination Meetings ............................................................................ 0 Construction Administration Site Visits ....................................................................................... 1 Reimbursable Expenses Project related expenses are reimbursable and are not included in the proposed fee. Reimbursable expenses include travel, swimming pool permit fees, express shipping, and printing. WTI estimates reimbursable expenses for the project scope will be in the range of $2,600 to $3,300, not including permit fees if applicable. Acknowledgement This proposal will remain valid for a period of 90 days. Please provide the signature of an authorized representative on the line below indicating acceptance of the proposed scope and fee for professional services. Water Technology, Inc. Kodiak Island Borough Signature Signature Name / Title Name / Title Date Date AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 93 of 337 Project #22557 • 11/29/2024 • Page 9 of 9 Additional Services As an additional service for our Clients, WTI proposes the following supplementary scope of work for consideration. Please indicate acceptance by initialing box next to selected alternate. Alternate 1: Additional Site Visits .............................................................................. $4,000.00 USD If additional site visits are requested, WTI will charge an additional fee per trip plus travel expenses, assuming one WTI professional for two overnight stays. Alternate 2c: Record Drawings – Construction Record ................................... 15% of CD Phase Fee WTI will issue, at the completion of the project, a set of record documents which will include Contractor provided documented modifications. Modifications are limited to contractor supplied information, and could include dimensional modifications, equipment locations, pipe routing. Services do not include evaluation of modifications, coordination, structural revisions, or permit revision submission. Alternate 3: Eleven (11) Month Site Visit .................................................................. $4,800.00 USD WTI will provide an additional site visit and field report to facilitate any contractor or equipment warranties. Not including travel expenses which shall be billed at WTI cost. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 94 of 337 Aquatic Evaluation Report Kodiak Community Swimming Pool Kodiak, Alaska February 28, 2023 Prepared For: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Prepared By: Ryan Nachreiner, Project Director Water Technology, Inc. (WTI) 100 Park Avenue, PO Box 614 Beaver Dam, WI 53916 www.wtiworld.com AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 95 of 337 Executive Summary WTI has been commissioned by the Kodiak Island Borough to report on the current condition of the existing indoor pool located at 821 E Rezanof Drive, Kodiak, Alaska. WTI visited the facility on February 28, 2023, toured the pool and related amenities, and met with staff to discuss operations. The enclosed report documents the observations from the site visit and outlines recommended capital and operational changes. Major components of the aquatic amenities have been given a score based on their observed condition, and these scores are weighted and aggregated to provide a total score. Below is a summary outline of the condition scores, recommendations, and estimated capital costs. The Total Aggregated Evaluation Score is shown below, and out of a possible high score of 100, is an indication of the overall condition of the aquatic amenities. Total Aggregated Evaluation Score: 76.88 The condition of a facility is a major determination of the effort and cost of maintaining the utility, the value of the amenities, and the primary driver of remaining lifespan of the components and overall facility. A deteriorated facility will demand higher annual operating expenses over time as parts break, systems fail, finishes deteriorate, and structures weaken. There are also efficiencies lost when operating aging systems or equipment which are not operating with current methods and financially sustainable practices. The recommended repairs, replacements and renovations detailed in this report seek to repair inefficiencies and enhance the aquatic components where feasible. Below are the recommended repairs or replacements based on the observed condition of the aquatic components and the associated range of probable capital cost. A detailed description and cost range for each repair or replacement is included further in the report. Recommendations – First Priority Pool Vessel Concrete Repair Pool Tile Repair and Grout Replacement Pool Gutter Waterproofing Replace Handrail Anchors and Escutcheons Install Pump Variable Frequency Drive Relocate and Calibrate Flow Meter Replace Filter Diaphragm Valves Recommendations – Second Priority Replace Pipe Hangers Replace Starting Platforms Replace Diving Stand Replace Filter Sand Total: $395,500 to $657,000 AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 96 of 337 Introduction The purpose of this evaluation is to review the present condition of the aquatic amenities and aquatic mechanical systems at the existing Kodiak Community Swimming Pool. The evaluation consists of visual examination of the pool and associated mechanical equipment. The report outlines the present condition of the systems, equipment, and components and provides recommendations for repairs or replacements. Each recommendation is given an estimated range for the probable cost to construct, install, or perform the renovation or repair. The aquatic center is a stand-alone aquatic facility serving both the school district and the community of Kodiak. The facility holds a single body of water with six 25-yard lap lanes, shallow water zone, and tot wading area. The deep side of the pool contains a 1-meter springboard diving board and swim competition starting platforms. The pool has an approximate water surface area of 4,263 ft2 and a water volume of 216,688 gallons. The pool vessel and gutters are constructed with concrete. The pool is filtered using three high-rate sand filters. The pool is disinfected with an in-situ salt chlorine generation system, and a back-up calcium hypochlorite feeder. The pH is balanced using carbon dioxide. Pool water heat is provided with a heat exchanger on the building boiler system. Methodology WTI observed the condition of the aquatic elements at the facility. Aquatic elements include pool vessels, water features, pool filtration systems, pool circulation pumps, piping, valves and controls, and water treatment systems. Observations were conducted in a non-destructive manner and did not involve the removal of any structures or disassembly of any equipment. Major components of the aquatic systems and structures are categorized in the report and scored based on their observed condition. The condition scores are weighted and aggregated to produce an overall evaluation score. Potential scores range from zero to one hundred, representing the condition descriptions below: Total evaluation scores for the pool and aquatic amenities are compiled and weighted to create a total aggregated evaluation score. The total aggregated evaluation score provides an indication of the overall condition of the aquatic amenities of the facility. Included in the report are observations and indications of the condition of the accessible means of pool entry and exit. WTI has endeavored to identify problems with the means of access and potential non-compliance with the Americans with Disabilities Act (ADA). Observations and evaluations included in this report do not constitute certification or verification of compliance with ADA requirements. ADA compliance is a legal opinion, and WTI is not able to anticipate or guarantee judicial interpretation with respect to a facility's legal compliance. WTI recommendations are based on a current understanding of the technical requirements of ADA regulations on aquatic amenities. Failing 0 Poor 25 Fair 50 Good 75 Excellent 100 AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 97 of 337 Compliance with Virginia Graeme Baker Pool and Spa Safety Act (VGBA) regulations has not been verified or investigated as a part of this evaluation and report. Any statements regarding drains, suction fittings, or any other component pertaining to VGBA are preliminary observations only, and further inspection to substantiate compliance is necessary. The cost amounts associated with the provided recommendations are the opinion of WTI based on a professional understanding of market conditions. Cost amounts have not been trade or contractor verified, and are intended only to provide guidance for a preliminary aquatic budget. All cost amounts are in current dollars; there has been no forecasting of future costs and no escalation factors applied. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 98 of 337 Existing Condition Pool Vessel Concrete The pool vessel is constructed of steel reinforced concrete. The interior of the vessel is finished with tile and water was in the pool at the time of observation. The pool vessel was constructed with a mechanical chase, or open space, around the exterior of the pool walls and below the pool deck; allowing visual inspection of the exterior of the pool vessel walls. Most of the pool vessel appears to be in good condition with little indication of cracking or shifting. However, at least two locations within the pool vessel interior have significant corrosion stains. This is an indication of water seeping through the concrete, reaching and corroding the steel reinforcement. This form of corrosion is a serious threat to the structural integrity of the pool vessel if left unanswered over time. On the exterior walls of the pool vessel, visible in the under deck mechanical chase, there are numerous small cracks in the pool vessel concrete. Most of these cracks appear dry and are typical of a concrete pool of this age. A few of these cracks have efflorescence indicating excessive moisture. Efflorescence is the deposit of crystalline salts on cementitious materials and is due to a chemical reaction where salts are dissolved from the porous concrete material and crystalize on the surface. In short, efflorescence is an indication of moisture in the concrete. By itself, efflorescence does not pose a threat to the structural integrity of the pool vessel. However, the moisture it is indicating, if excessive and continuous over time, can become a serious issue. Signs and symptoms accompanying efflorescence which should cause concern include: · Mold or mildew in the mechanical chase · Exposed rebar · Chipping and spalling None of the above symptoms appeared to accompany the efflorescence in the Kodiak pool. Therefore, the pool vessel should continue to be monitored, but no action is needed at this time. Most of the examples of the efflorescence were located high on the pool walls, adjacent to the perimeter gutter. The moisture causing the efflorescence may be migration of water due to the failure of the waterproof coating in the pool gutters, as discussed in more detail below. The worst instance of efflorescence appears to be below the pool deck, not associated with the pool vessel, and could be a result of failing deck drainage and/or deck finish. Corrosion on the pool finish interior Cracking on the exterior of the pool wall Efflorescence on the exterior of the pool wall AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 99 of 337 Pool Tile Finish The pool interior tile finish has some tiles that are chipped or cracked periodically, however, is in overall good condition. Based on the age of the grout and the leaking of water into the vessel concrete discussed above, the grout is likely at the end of its lifespan. Chipped tile at edge of gutter grating Pool Gutters The pool gutters are constructed of concrete with perpendicular PVC grating. The interior of the gutter is waterproofed with a topical waterproof coating, believed to be BASF Thoroseal. Pieces of this waterproofing layer appear to be delaminating and are being found in the pump strainer basket. The waterproofing in the pool gutter appears worn, particularly when in contact with the gutter grating. In at least one location, rust was penetrating the back of the gutter as a result of the failure of this waterproofing coating. The PVC grating over the gutters is, in some places, severely stained with rust. This discoloration is only cosmetic; however, it is unlikely to be able to be removed through cleaning. Replacement of the grating is likely the only method of refurbishing the gutter grating. Interior of gutter Stained gutter grating Starting Platforms The pool includes six starting platforms on the deep end of the lap lanes. These starting platforms are single post, anchored into the pool deck and are showing typical wear for their age. There are mild to medium rust spots on the posts of the platforms and some bolts on the platforms are rusting. Starting platform with signs of corrosion AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 100 of 337 Rusted bolts on starting platform top Diving Board and Stand The 1-meter springboard diving board and stand is located between lanes 2 and 3. The Durafirm board appears to be in good condition, however, the paint on the diving stand is chipping and peeling. Several areas have been repaired/repainted by staff. Diving stand with chipping/peeling paint and repainted areas Handrails and SS Hardware The stainless-steel handrails and other hardware of the pool are in very good condition considering the corrosive nature of a salt water pool. Some mild corrosion exists, such as on the backstroke flag stanchions. Interestingly, several anchors and escutcheons are badly corroded, while their associated railings are not. Stainless steel grab rails Badly corroded handrail anchor AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 101 of 337 Pool Pump The pool recirculation pump appears to be in good condition, without excessive noise or external heat. The pump is run at full capacity, without a VFD, and the flow is throttled back to approximately 50% of flow. Staff reports excessive water hammer when starting the pump. 20 HP recirculation pump Pool Piping and Valves The pool piping is PVC and appears to be in good condition. Piping at the influent of the Chlorine Generation system had apparently been leaking and has been repaired. Valves and couplings in piping system appear in good condition. Several pipe hangers are rusting and/or have paint peeling off. Pool piping and valves Corrosion and peeling paint on hanger Digital Flowmeter The pool flow is measured by a George Fischer Signet Flowmeter. During the site visit, the flow reading varied greatly, bouncing within a wide range. A low reading of 760 GPM was observed approximately one minute before a high reading of 1,242 GPM. Staff is aware the flowmeter sensor is located too closely to a piping elbow based on manufacturers installation instructions. This location is likely causing the range of readings and inaccuracy in the flow meter. If this low reading is used, as a worst-case scenario, for calculation of turnover, the pool is achieving a turnover of approximately 4.75 hours. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 102 of 337 Pool Filtration The pool filtration system is a three tank combination of horizontal sand filters. The tank bodies are multi-layered fiberglass intended to hold a bed of #20 silica sand media. The filters are connected to the pool system with diaphragm valves, which are operated by a backwash controller. The model filter at the Kodiak pool has filter bed size of 19 square feet and a maximum flowrate of 20 GPM. Each filter tank can handle up to 380 GPM of flow, for a total system maximum flowrate of 1,140 GPM. The high reading observed on the flow meter during the site visit exceeded this total system maximum flowrate. While this flow meter reading is likely an inaccuracy, any actual flow exceeding this rate can damage the filter and reduce filtration effectiveness. At the time of observation, the influent and effluent pressure gauges indicated an approximately 11 PSI difference. (The effluent pressure gauge is incorrectly labeled “Influent”) This is approximately the differential level indicating backwashing is necessary. Staff reports the influent pressure after backwashing does not return to the initial levels of a clean filter. Common causes of not returning to initial influent pressure levels are: 1) Insufficient Backwashing – If the filters were not backwashed long enough, dirt and debris may not have sufficiently been flushed from the filter and remain after backwashing. The bed of sand is not being fully cleaned during the backwashing process. 2) Damaged Sand Bed – If the quality of the bed of sand is damaged in some way, a return to initial clean filter pressures may not be possible. Examples of a damaged bed of sand include: a. Compressed sand, often due to excessively high operating pressures b. Calcified sand, due to high calcium levels and deposits The diaphragm valves on each filter tank is leaking. Some type of topical waterproofing has been applied to the exterior of the valves to try to fix the leaks. The leaking is starting to corrode the bolts and nuts at the flanges of the valves. All three of the valves have failed in this same manner. Horizontal sand filters Failing filter valves Chlorine Generation System The primary disinfection of the pool is performed by a 4-unit TMI salt chlorine generator. The system uses electrodes in the pool water to convert the chloride ions from dissolved salt into hypochlorous acid through electrolysis. The system appears to be in good condition and is indicating working at full efficiency. Staff reports operating the salt content of the pool at 3,500 PPM to 4,800 PPM, which is slightly above the maximum (4,500 PPM) of this model of chlorine generator. Also, a Blue-White Pitot Tube flow meter on the chlorine generator bypass line indicates a flow of approximately 160 GPM, which is below the system cell maximum of 175 GPM. TMI Chlorine Generation System AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 103 of 337 Calcium Hypochlorite System The pool has a back-up, or secondary, disinfection system, which is necessary with in-situ chlorine generation as the capacity of the electrodes to produce chlorine may not be able to respond to rapid load/contamination demands. The back-up disinfection at the Kodiak pool is an 18-pound capacity Calcium Hypochlorite feeder. The feeder and associated pump and valves appear to be in good working condition. The feeder is used infrequently, and staff maintain a low level of calcium hypochlorite on-hand. Cal Hypo Feeder Carbon Dioxide System The pool water is chemically balanced with the injection of carbon dioxide gas. The CO2 is stored in pressurized cylinders and released into the pool water based on the pool chemical controller readings of pH. The cylinders are strapped to the wall both when in use and in storage. Carbon Dioxide Tanks Ultraviolet Sanitation System Supplementary sanitation is provided by a Hanovia medium-pressure Ultraviolet radiation system. This system exposes the pool water to specific doses of UV radiation, which assists in the inactivation of bacteria and pathogens and the breakdown of chloramines. The stainless-steel chamber is in excellent condition and there appears to be no indications, or staff reports, of failures of the internal wiping mechanisms or quartz sleeves. Hanovia UV unit AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 104 of 337 Condition Rank Condition Score Weight Value Total Score Pool Vessel Poor 25 0.100 2.50 Type/Style: 0 Cracking 0 1 Rust/Corrosion 0 0 Shifting/Movement 0 Fair 50 0.075 3.75 Type/Style: 0 Cracking 0 0 Spalling 0 0 Delamination 0 Pool Gutters Fair 50 0.100 5.00 Type/Style: 0 Broken Grating 0 0 Insufficient Channeling/Flow 0 0 Insufficient Rimflow 1 0 Flooding/Insufficient Capacity 0 0 Ineffective Dropouts/Removal 1 Pool Accessibility Excellent 100 0.050 5.00 Type/Style: 0 Not Operable Without Assistance 0 0 Insufficient Capacity/Lifting Power 0 Pool Handrails Good 75 0.025 1.88 Type/Style: 0 Staining 0 1 Corrosion 0 Main Drains Excellent 100 0.075 7.50 Type/Style: Comments: Coarse/Rough Surface Observations Below are descriptions of the observations from the site visit for major components of the aquatic amenities. A ranking of the condition of each component is indicated with an associated score. Concrete Issues/Problems: Groundwater Infiltration Exposed Reinforcement Leaking/Water Loss Pool Finish Tile Issues/Problems: Hardware Corrosion Softening/Dissolving Staining Concrete Issues/Problems: Cracking Spalling Staining Excessive Noise Ramp Entry Issues/Problems: Not Present at Time of Observation Compromised Waterproofing Stainless Steel Issues/Problems: Scale Formation Loose/Insecure Triple Compliance with VGBA not verified. Location and quantity acceptable, covers appear to be compliant. Recommended facility check for records of drain sump VGBA compliance AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 105 of 337 0 Missing/Broken Cover 0 Unsafe Fitting Condition Return Inlets Excellent 100 0.050 5.00 Type/Style: Comments: 0 Broken Fixture 0 0 Blocked/Non-Functioning Piping Excellent 100 0.050 5.00 Type/Style: 0 Leaking 0 0 Corrosion 0 0 Metal Components 0 Filtration Fair 50 0.100 5.00 Type/Style: 0 High Operating Pressure 0 0 Low Operating Pressure 0 0 Clogs/Debris 0 0 Biological Growth 1 Circulation Pump Good 75 0.050 3.75 Type/Style: 0 Excessive Motor Heat 0 0 Excessive Motor Noise 0 0 Leaking Circulation Valves Excellent 100 0.050 5.00 Type/Style: 0 Inoperable - Closed 0 0 Inoperable - Open 0 0 Limited Flow Adjustment 0 Chemical Control Excellent 100 0.050 5.00 Type/Style: 0 Inaccurate Disinfectant Readings 0 0 Control Flowswitch 0 Issues/Problems: Insufficient Capacity Floor Issues/Problems: Missing Cover/Face PVC Issues/Problems: Unnecessary Connections Inefficient Routing Blockages/Plugged Pressure High-Rate Sand Issues/Problems: Corrosion Insufficient Flow Inoperable Valves Leaking Tank/Valves Centrifugal Impeller Issues/Problems: Corrosion Insufficient Flow Butterfly Issues/Problems: Broken Handle Leaking Automatic Chemical Controller Issues/Problems: Inaccurate pH Readings Alerts AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 106 of 337 Chemical Storage and Safety Excellent 100 0.050 5.00 Type/Style: 0 Insufficient Fire Protection 0 0 Lack of Chemical Separation 0 0 MSDS Not Present 0 0 Leaking Containers (Liquids)0 Missing Personal Protective Equipment 0 Spilled Containers (Powders/Solids)0 Open Containers / Exposure to Fumes Primary Disinfection Excellent 100 0.050 5.00 Type/Style: 0 Hazardous Injection Location 0 0 Hazardous Conveyance Methods 0 Supplemental Disinfection Excellent 100 0.050 5.00 Type/Style: 0 Broken Bulb 0 0 Insufficient Voltage 0 Chemical Balance Excellent 100 0.050 5.00 Type/Style: 0 Hazardous Injection Location 0 0 Hazardous Conveyance Methods 0 Pool Water Heating Excellent 100 0.025 2.50 Type/Style: 0 Corrosion 0 0 Leaking Weight Score Observations 1.00 76.88 Inoperable Air Evacuation Missing/Inoperable Eyewash Station CO2 Cylinders and Low Amounts of Calcium Hypchlorite Issues/Problems: Insufficient Spill Protection Issues/Problems: In-Situ Salt Chlorine Generation Issues/Problems: Leaking Lack of Automation Ultraviolet Issues/Problems: Broken Wiping Mechanism Lack of Downstream Strainer Carbon Dioxide Total Pool Score Leaking Lack of Automation Heat Exchanger Issues/Problems: Insufficient Heat AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 107 of 337 Anticipated Future Capital Costs The standards of care implemented in the operation and maintenance of any pool will be directly affected by annual operations and maintenance (O&M) budgets and annual capital replacement budgets. For example, a maintenance plan where all tasks are carried out in accordance with recommended best management practices may produce a perfect swimming pool but may also prove costly and require unsustainable O&M budgets over time. Alternatively, a maintenance plan where tasks and repairs are deferred or neglected may reduce the annual O&M budget but result in higher capital budgets to replace or repair damages that could have been avoided with preventative care. It is essential to develop a comprehensive maintenance and asset management plan for the Facility that balances fiscal considerations with the necessary maintenance requirements for a high-quality visitor experience. Typically swimming pool maintenance expenses can be grouped into a few categories: 1) Staffing / Labor 2) Chemicals & Supplies 3) Preventative Maintenance a. Short-term repairs or annual replacements, such as pump seals, chemical controller probes, UV lamps, annual start-up, shutdown, etc. 4) Long-Term Repairs a. End-of-life items like heater replacement, filter media replacement, plaster pools, pool shell maintenance, and renovation Due to the complexity of swimming pool maintenance, a strategic plan is essential to sustain efficient operations. A custom plan can be adapted to ensure compliance with applicable standards, can support management decisions, and can incorporate the recommendations of equipment manufacturers. Because pool equipment and its accompanying systems vary from one pool facility to another, the equipment manufacturer's literature's maintenance, operating, and service instructions must be used in conjunction with any long-term maintenance plan. A preventive maintenance program, effectively implemented, will improve equipment operating performance, and extend equipment life. In addition, preventive maintenance program records should be used as an inventory planning tool and scheduling tool for staff. Establishing a preventive maintenance program requires a record of past operating experience and the equipment manufacturer’s recommendations to develop individual equipment maintenance and scheduling requirements. Regularly scheduled equipment maintenance prevents sudden and unexpected equipment failure and reduces the respective life-cycle cost. For the Kodiak Island Borough pool, the expected long-term repairs of major or critical components, along with their anticipated capital costs, are forecasted based on typical component lifespans, component age, and existing condition. Preventative maintenance items are noted. Aurora 20 HP Recirculation Pump Expected Lifespan: Replacement Value: Preventative Maintenance: 10 years $15,000 Seal kits and bearings are normal wear items. Replace/rebuild impeller as needed. Pentair Whisperflo 1.0 HP Self Priming Pump Expected Lifespan: Replacement Value: Preventative Maintenance: 10 years $15,000 Seal kits and bearings are normal wear items. Hanovia UV Water Treatment Unit Expected Lifespan: Replacement Value: Preventative Maintenance: AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 108 of 337 Chamber: Lifetime Cabinet: 10 years $50,000 Wipers, seals, and sleeves are normal wear items. Typical to replace bulbs once per year or more. Unit should be inspected annually. Pentair THS Series High-Rate Sand Filters Expected Lifespan: Replacement Value: Preventative Maintenance: 25 years $90,000 Yearly internal inspection of sand bed. Sand media replacement needed if contaminated or insufficient influent pressure when clean/backwashed. Pentair THS Series Diaphragm Valve Face Piping Kit Expected Lifespan: Replacement Value: Preventative Maintenance: 10 years $15,000 Gaskets and seals are normal wear items. ProMinent Chemical Controller Expected Lifespan: Replacement Value: Preventative Maintenance: 15 years $10,000 Annual replacement of probes TMI Model ZX-5 Chlorine Generator Expected Lifespan: Replacement Value: Preventative Maintenance: Controls: 10 years Electrode Cell: 5 years $75,000 Annual cleaning of cells. Careful balance of pool water chemistry. Vantage ACF-18 Cal Hypo Feeder Expected Lifespan: Replacement Value: Preventative Maintenance: 10 years $5,000 Periodic cleaning of buildup in chemical hopper Pool Tile Finish Expected Lifespan: Replacement Value: Preventative Maintenance: Tile: Lifetime Grout: 8 years $50 per SF Periodic replacement of chipped or cracked tile. Grout lifespan significantly impacted by water balance. Stainless Steel Hardware/Railings Expected Lifespan: Replacement Value: Preventative Maintenance: 15 years Varies per item Daily cleaning/rinse/wipe-down Diving Board and Stand 1-meter Expected Lifespan: Replacement Value: Preventative Maintenance: 15 years $35,000 Daily rinse with fresh water. Periodic cleaning of board with detergent to remove excessive buildup. Each of the items above are crucial for the operation of the pool and planning for their replacement at the end of their expected lifespans should be anticipated. However, some items would cause immediate and catastrophic closure of the pool if an unexpected failure occurred. Critical items which are likely to fail in the near future are listed below and should be inventoried and kept on-hand for immediate replacement. Recommended Inventoried Replacement Components (“Critical Spares”) · (1) 20 HP Recirculation Pump Motor · (3) Pentair THS Diaphragm Valves AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 109 of 337 Recommendations Based on the previously discussed observations, the following repairs or replacements are discussed below for the improvement of the aquatic center. Recommendations are divided into two priorities: First Priority and Second Priority. First Priority recommendations should be planned for immediate implementation and are needed, at a minimum, to allow the facility to operate more efficiently and effectively and provide a safe, healthy, and beneficial experience to facility users. Secondary Priority items are encouraged but may be deferred as they hold no significant threat to safety or operational efficiencies. For each recommendation, an estimated range of probable construction costs has been provided for use in preliminary budgeting. Aquatic amenities and components have been observed and considered for recommendations for improvement. Elements of the facility beyond the aquatic components, such has site, building, and building mechanical components, are excluded from the analysis of this report. First Priority Recommendations: Pool Vessel Concrete Repair $135,000 to $210,000 In the areas with rust/corrosion on the interior of the pool vessel, the pool vessel concrete should be demolished and replaced. The tile finish will need to be removed and the concrete removed to expose the steel reinforcement. All corroded steel reinforcement should be removed until new steel can be tied into existing uncorroded reinforcement. Concrete should be replaced, with waterstops where appropriate, and matching tile finish installed over the repaired area. Pool Tile Repair and Grout Replacement $95,000 to $175,000 Any broken, cracked, or chipped tiles should be removed and replaced. The grout between the tile should be removed and new non-metallic, non-shrink grout installed to renew the waterproofing abilities of the tile finish. Pool Gutter Waterproofing $45,000 to $80,000 The pool gutter topical waterproofing should be removed and replaced. The surge tank waterproofing should also be inspected and replaced. The surge tank waterproofing may likely also be failing, and pieces of the failed waterproofing from the gutter are likely collected in the surge tank. After removal of existing waterproofing layers, a new topical waterproofing should be applied to both the gutter interior and surge tank interior. Replace Handrail Anchors and Escutcheons $10,000 to $25,000 Many handrail anchors and escutcheons are severely corroded. This increases unwanted metal ions into the pool water and brings the long-term structural integrity of the handrails/grabrails into question. This replacement could be considered a Second Priority, but the destructive nature of anchor replacement makes performing the replacement most appropriate when the pool tile/grout replacement and pool vessel concrete repair occur. Install Pump Variable Frequency Drive $10,000 to $15,000 Using a valve to reduce the flow from a fully powered pool pump is a traditional means of optimizing flow of a pool system. However, the pump is expending much greater energy than is necessary for the system to operate properly. Modern variable frequency drives optimize the pump output, making valve throttling unnecessary and saving significant amounts of energy. AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 110 of 337 Relocate and Calibrate Flow Meter In-House / Operations The flow meter is clearly giving inaccurate readings, likely due to the proximity of the sensor to a pipe elbow. The sensor should be relocated to a piping location with the manufacturer’s recommended distance of straight pipe from any piping joints/elbows. Replace Filter Diaphragm Valves $55,000 to $80,000 The diaphragm valves on each filter tank are insufficiently repaired for leaking. An external topical treatment for leaking on these components should not be a long-term solution. Failure of even one of these valves would leave the pool with insufficient filtration capacity and cause the shutdown of the pool until repairs are completed. The diaphragm valves should be replaced and seated in all new gaskets. Second Priority Recommendations: Replace Pipe Hangers $500 to $2,000 Several pipe hangers are showing corrosion and peeling paint. This deterioration is not at a level where imminent failure is expected, but replacement should be anticipated. However, this report cautions that a seismic event may bring into question the urgency of this replacement. Replace Starting Platforms $30,000 to $45,000 Starting platforms experience harsh conditions with competitive swimmers continuously washing the platforms in pool water with bather splashout. The starting platforms are beginning to show signs of rust and corrosion. Replacement, or at least future planning for replacement, should be considered as the corrosion will only worsen over time. Replace Diving Stand $15,000 to $25,000 The diving stand, and specifically the epoxy paint, is not holding up well in this pool environment. Paint is chipping and peeling off in several spots, and repainting has already been performed in numerous other spots. While this does not appear to be due to structural corrosion, this failure is likely to continue. Replacement of the dive stand will likely become necessary. Prior to stand replacement, staff should continue to repaint failing spots with manufacturer recommended epoxy paint, which will help prevent corrosion and improve the aesthetics. Replace Filter Sand In-House / Operations Based on staff feedback, the filter sand bed is likely less than optimally effective. A new bed of sand would renew the filtration efficiency of the system, remove worn or damaged sand, and help minimize contamination, and maintain a clean internal filter environment. Replacement of the sand should be projected for the near future. Sand is commonly removed by in-house staff, or by rented/hired vac truck. [END] AGENDA ITEM #14.A.3. Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repa...Page 111 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts With Municipal Equipment Supply (MES) In The Amount Of $171,340 ORIGINATOR: Scott Ellis, Bayside Fire Chief RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2025-37 to purchase PFAS Free Turnouts with Municipal Equipment Supply in the amount of $171,340. DISCUSSION: health, comprehensive adopted and researched a Department Fire Bayside The has wellness, & firefighter safety program which, works in concert with the organizational culture of aggressive fire & rescue operations predicated on command of skills and professional aptitude. The cornerstone of this culture is superior equipment and personnel protective equipment. Current Situation: The most important foundational component of “PPE” or Personnel Protective Equipment for structural firefighters is turnout gear, or the firefighter’s coat and pant ensemble. Research has discovered a direct link between forever chemicals / PFAS or polyfluoroalkyl substances (PFAS) occupational all in cancers certain of and risk significant the and occurrence firefighters and significant occurrence of reproductive harm in female firefighters, including harm during fetal development. Therefore, the transition to PFAS free PPE has been a priority at the Fire Departments in the Borough. The only manufacturer offering a PPE ensemble The line. product 71 Gen Tech their Fire Dex is goal this meeting and specifications which has been in use at the Bayside FD since August of 2023 is one with a long track record of success and use in large urban fire departments. This specification includes Tec Gen 71 PPE and integrated firefighter self-rescue harness and CMC Levr Emergency Egress or “bail out” kit. So far, the Bayside Fire Department has purchased 8 sets of this PPE. The current status of available firefighters on the road system raises the priority of superior PPE to an urgent status. The USCG Fire Department is at an all-time critical staffing level. While Leadership and members work diligently and with superhuman effort to maintain an effective response posture for the Base and State Airport, their ability to readily provide mutual aid has been greatly diminished. Similarly, the City of Kodiak Fire Department has reached a point of critical staffing, as reflected in Chief Dorner’s letter to City Leadership earlier this year. While available staffing among the Bayside and Women’s Bay Fire Departments have continued to diminish, the risk to our community has only increased. The 2023 incident call volume for the Bayside Fire Department, as reported to the Alaska State Fire Marshal’s Office and on to the Untied States Fire Administration, was 190 calls for service. To date in 2024 that number is 283. The USCG Base Kodiak FD and Kodiak City FD have experienced similar increases in response numbers. We are asking our firefighters to do more, with less human resources. The addition of superior PPE, training, and equipment will decrease the risk our firefighters encounter while discharging their duties to the community. AGENDA ITEM #14.A.4. Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts Wit...Page 112 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough Expected Improvements: The Bayside Fire Department was currently on track to fund 5 new sets of PPE each budget year. The current staff of structural firefighters at Bayside is 22. We are tracking to meet a FY 24/25 staffing goal of 25. The current cadre of 22 firefighters and officers is supported by a staff of 12 non firefighter support staff. The plan of 5 new sets of PPE each year would, without staff turnover or addition, achieve a goal of all 22 firefighters deploying in TecGen71 PPE by the beginning of FY 27/28. This would also mean the spare sets of PPE utilized by members when their primary issued PPE is being laundered or repaired after incident or training use, would still either be out of date per NFPA 1970 (10 years from date of manufacture) and carry significant risk of PFAS exposure or in date and carry significant risk of PFAS exposure. The utilization of $171,340.00 dollars of remaining American Rescue Plan Act funds would make immediate, the cessation of all risks enumerated above, in addition to reducing firefighter fatigue due to weight and lack of breathability/flexibility. The current PPE will be stored in a manner conducive with establishing the release of PFAS from the material and used under strict guidelines including laundering and storage, for training evolutions at the State Credentialed training & drill grounds at 4606 East Rezanof Drive. This will allow for realistic meaningful training to be offered to VPS’s and Village / Rural Firefighter trainees. The limited and controlled exposure to the current PPE with PFAS will present very limited risk and not constitute the day-to-day exposure our firefighters currently have. ALTERNATIVES: known to exposure and PPE elongate with firefighters deploy to Continue unhealthy carcinogens and increased risk of cardiac & musculoskeletal fatigue. Diversion of Fire District 1 and Women’s Bay Service District away from other urgently needed safety and operational purchases, such as NFPA and P25 compatible portable radios (current radios not appropriate for IDLH & Firefighting use) to replace exiting inventory which are 10 to 23 years old. FISCAL IMPACT: The purchase of PPE now will offset potential price increase and availability issues in the future and will better position the Fire Departments to advocate for alternate financial assistance in the form of Federal, State, & non-governmental funding sources / awards. The overall needs assessment regarding funding applications centers on wholistic firefighter safety and performance while recognizing and addressing staffing shortfalls and service / risk increase. OTHER INFORMATION: PPE- Personnel Protective Equipment (Structural Firefighting Pants, Coat, Boots, Helmet, Hood, Gloves) PFAS- polyfluoroalkyl substances Researchers Pin Down PFAS Prevalence in Firefighter Gear | NIST Reproductive Health Concerns Among Female Firefighters - PMC TECGEN71 Outer Shell For Firefighter Turnouts | Fire-Dex AGENDA ITEM #14.A.4. Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts Wit...Page 113 of 337 Coat Thermal Liner: (R1) 5.6 oz CoreCXP™ 1 - Layer Coat Moisture Barrier: (F) 5.5oz Stedair® 4000 Pant Thermal Liner: (R1) 5.6 oz CoreCXP™ 1 - Layer Pant Moisture Barrier: (F) 5.5oz Stedair® 4000 AGENDA ITEM #14.A.4. Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts Wit...Page 114 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2025-38, Authorization To Purchase An Electronic Time And Attendance Solution With TimeClock Plus, LLC (TCP) In The Amount Not To Exceed $25,000 ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2025-38 to purchase an Electronic Time and Attendance Solution with TimeClock Plus, LLP (TCP) in the amount not to exceed $25,000. DISCUSSION: The Kodiak Island Borough has been researching electronic time keeping options to reduce time spent reviewing, correcting, and processing payroll. The software programs reviewed were:  Time and Attendance (previously known as ExecuTime) by Tyler Technologies  Paid by UKG  TimeClock Plus by TCP The finance department would like to move forward with a purchase of TimeClock Plus software and hardware by TCP. Current Situation: Employees their which, Excel in created timesheet after on day each for account a department director has approved it, is sent to the payroll department. Many times, these timesheets contain errors such as rows and columns that do not total correctly, incorrect pay period dates, invalid project numbers, inaccurate benefit time use (i.e. wanting to use Sick hours when there is not enough Sick hour accrual), prior sick hours not removed for current pay period, and illegible timesheets. Any changes or errors in the timesheets must be confirmed or corrected by the employee and then reapproved by the department director before the finance department can process the timesheet. The payroll technician then enters each employee's daily information into the payroll program. This timesheet verification, correction, and data entry process takes approximately a full day or more depending on how quickly timesheet errors can be identified and corrections can be approved and re-submitted to the payroll department. Expected Improvements: TimeClock increasing on focused is that a timekeeping customizable is Plus solution productivity and reducing payroll errors and processing time. All payroll time will be required to pass predefined business and payroll rules. Those rules will eliminate the need for the finance department staff to manually review every hour entered for compliance and for departments directors to reapprove corrected timesheets. For employees, the program software:  Utilizes current Kodiak Island Borough swipe cards to clock in and clock out daily.  Allows employees to clock in/ out of shifts and breaks from their computers or the AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 115 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough physical timeclocks  Gives the employee the ability to approve their time and any adjustments made to their timesheet.  Allows employees to access and request time off from a calendar and notifies the employees automatically when there is insufficient leave available to use. Once approved, the request is automatically applied to the employee’s timesheet and added to the calendar.  Remote locations such as KFRC, landfill and leachate plant may no longer have to scan in their timesheets to their department for approval or changes. For department directors, the program software:  Easily allows department directors to have a clear overview of their department’s attendance, time off requests, and overtime hours.  Be able to review and send notification of the approval or denial of a time of request.  Can review employee’s attendance, benefit usage, and accruals throughout the pay period. For the Finance department, the program software:  Eliminates the need to review timesheets for errors, return to employees and directors for corrections and wait for those timesheets to be returned to the payroll technician.  Provides audit logs for review of any changes in time, benefit usage and approvals. The log details who made the change, what the change was, when the change was made, and where it was made. ALTERNATIVES: FISCAL IMPACT: The cost of the software, hardware and implementation is expected to be $21,960, however staff is asking for a bit more as a buffer for unexpected changes in shipping costs, need for additional hardware support (such as cables or brackets) or help with integration with our current payroll system. Normally this would be a General Fund expense, however staff would like to use ARPA funds for this purchase. OTHER INFORMATION: AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 116 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 117 of 337 L Get time right,every time __._ AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 118 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 119 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 120 of 337 L Get time right,every time ?mQClock mm:thy-(m PunMWC‘L'"l 5”W M D“M TCP Shh-n Bun Gold Slavic Businus Now: Mal”Shortlin Cam rnhonsivn Daily a...“a“._Trp '0’(”‘I BI.)Downer!Ill (VII ""'V'' Awudt HR Tod:Any-rd:Sensor:an add-on to Aka!researching 80 u 1 im workforcemana emem (Ahmam am”)!(Ah-42m U ‘9 deck "15‘g m..mmmm.ylvuu N.“Hump.“a... to have made the BesrComprehensive shortlist[or the 2021 Solution by Lighthouse reads employees'Samara provrders.ILP temperatures and was recognixed as Best establishes a history for Time &Auendance :33:Aw'avdzgeskSaaS Resealch &Advisoryin comact m on 9,won a System for our ?exibility '0 “5‘°'"‘5 202‘HRTech Go|d Stevie Award in WithIargev Awards program._.am:a:pan us our Relum 10 Work solution, AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 121 of 337 L Get time right,every time uuvuv ...u-u—21“3v-:1 Scan and go for quick,e?‘lcient umekeeping ideal for fast paced operalmns.Choose from barcodes, magnetic smpe,RHD proximity badge clocks,a combination,or even your existing badges. ch Smu Eadge Now AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 122 of 337 L Get time right,every time I bl'II I l ICI ILdLIUII [JI ULCDD DISCOVERY PHASE M4» ,.._. service strategy and generatebaseline servicedesign.J\l\’1 A I he Inltlatlon Phase IS used to develop the serVIce ‘— I Business process analysis rumuL:pululaar:‘ _ I Gather project materials I Assign resources 'DUN-0 reqUIFEment U Project kickoff nu—u \,nllAg‘l-PLANNINL‘I PHI-\bl:(m UI:LIVI:KY PHI-\bt “I KANbI I IUN PHI-\bl:40R) \v 'L Co?laborativelydevglgp approve Focuses on by QQ§Eocqseson service operationsby a timeline,con?rm deliverables,completing the activities finalizing all agreements and enamln?:..u“."Hum“r'w'”..,..v structure and assign prOJecttasks.and verifyingthat the deliverables dedlcated operationalsupport “may“.-- .meet the business rules and teams‘ I plan nnn?e 0 Project close _w...........wu....,.......LOnTIguI’aIIOF‘I _ I PrOJectfeedback Iestlng strategy -Training I support I Training strategy I Pilot test I Go live AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 123 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 124 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 125 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 126 of 337 L Get time right,every time AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 127 of 337 TCP Services Agreement | wl 12.11.24 1 TCP Services Agreement THIS TCP SERVICES AGREEMENT (the “Agreement”) is entered into as of _________________ (“Effective Date”), by and between TimeClock Plus, LLC, a Delaware limited liability company with its principal office located at 1 Time Clock Drive, San Angelo, TX 76904 (“TCP”), and ______________________, with its principal office located at _________________________________________ (“Client”). WHEREAS TCP and Client (the “Parties”) desire to enter into this Agreement for the provision of hosted services by TCP to Client, as provided herein. NOW, THEREFORE, in reliance on the mutual covenants, promises, representations, and agreements set forth herein, the Parties agree as follows: 1.Definitions. 1.1 “Active License” means an Employee or Designated User that has not been marked as either terminated or suspended within TCP Services for whom Client is required to pay a fee under this Agreement. 1.2 “Affiliate” means any parent or subsidiary corporation, and any corporation or other business entity controlling, controlled by, or under common control with a Party. 1.3 “Biometric Data” means any information based on an individual’s retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, which is used to identify an individual, regardless of how it is captured, converted, stored, or shared. 1.4 “Client Data” means all of Client’s data processed or stored by or transmitted to TCP in connection with the TCP Services, including, without limitation, all Personal Data contained therein. 1.5 “Designated User” means an individual Employee who is authorized by Client to access the administrative features of the TCP Services, and whose Personal Data may be processed or stored by or transmitted to TCP in connection with the TCP Services. 1.6 “Employee” means Client’s individual employee, manager, administrator, worker, consultant, substitute, or contractor. 1.7 “Hardware Support and Maintenance Agreement” means any agreement that extends services to current TimeClock Plus terminals, clocks, and biometric devices, and maintenance releases for related products purchased or licensed by the Client from TCP or a registered reseller, as applicable. 1.8 “Initial Term” has the meaning set forth in Section 10. AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 128 of 337 TCP Services Agreement | wl 12.11.24 2 1.9 “Monthly License Fee” means TCP’s then current fees applicable for each of Client’s Active Licenses based on the aggregated Permissions to access and use the TCP Services measured over the course of each calendar month, as outlined on an invoice or Order Form. This fee may be prorated during the first month of the Initial Term and prorated for the last month of the Initial Term. 1.10 “Order Form” means a written document, including, but not limited to, a TCP issued invoice, a TCP issued order form, or a Client issued purchase order, which has been mutually agreed upon and executed by the Parties for ordering products and/or services, and which expressly incorporates the terms of this Agreement. 1.11 “Permissions” means the permission(s) granted to Client’s Employees to access features within TCP Services, as outlined on an invoice or Order Form. Permissions are applied within the TCP Services by Client’s Designated Users. 1.12 “Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Employee or Designated User. 1.13 “Privacy Policy” means TCP’s Global Data Privacy Policy located at https://www.tcpsoftware.com/legal, as updated from time to time. 1.14 “Service Level Agreement” means the Service Level Agreement that serves as an addendum to this Agreement. The Service Level Agreement is located at https://www.tcpsoftware.com/legal, as updated from time to time. 1.15 “Subprocessor” means any third-party entity that processes Personal Data on behalf of TCP and to which TCP discloses Personal Data for a business purpose pursuant to a written contract, provided that the contract prohibits such entity from retaining, using, or disclosing the Personal Data for any purpose other than for the specific purpose of performing the services identified in such contract. 1.16 “Supported Hardware” means any hardware purchased or leased from TCP that is coverable under a Hardware Support and Maintenance Agreement located at https://www.tcpsoftware.com/legal, as updated from time to time. 1.17 “TCP Services” means the TCP software application(s) hosted by TCP in accordance with TCP’s then-current hosting environment, any associated documentation, and any ancillary services described in this Agreement or an Order Form. 1.18 “TCP Technology” means the computer hardware, software, and other tangible equipment and intangible computer code contained therein used by TCP in the provision of the TCP Services. 1.19 “Term” has the meaning set forth in Section 10. AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 129 of 337 TCP Services Agreement | wl 12.11.24 3 1.20 “Use Fees” means the fees set forth on the applicable invoice or Order Form, including, but not limited to, Monthly License Fees and Hardware Support and Maintenance Agreement Fees. 2. Delivery of Services. 2.1 TCP Services. Subject to the terms and conditions of this Agreement and the Privacy Policy, TCP grants to Client, its Affiliates and their Designated Users a limited, non-transferable (except in compliance with Section 22), nonexclusive right and subscription license to access and use the TCP Services during the Term only for the internal business purposes of processing, storing, and maintaining Client Data. TCP shall provide to Client the TCP Services during the Term in accordance with the terms and conditions of this Agreement, the Privacy Policy, the Service Level Agreement, the Hardware Support and Maintenance Agreement (if applicable), and any additional terms outlined in an Order Form. 2.2 Client Responsibilities. Client’s use of the TCP Services is subject to the terms of this Agreement, the Privacy Policy, the Service Level Agreement, the Hardware Support and Maintenance Agreement (if applicable), and any additional terms outlined in an Order Form. The aforementioned documents are available to view at http://www.tcpsoftware.com/legal. 2.2.1 Access. Client is responsible for maintaining the confidentiality of Client’s account and password and for restricting access to its computer systems, and Client agrees to accept responsibility for all activities that occur under Client’s account or password, including but not limited to any acts or omissions by Designated Users. Client shall inform each Designated User of the terms and conditions governing such Designated User’s use of the TCP Services as set forth herein and shall cause each Designated User to comply with such terms and conditions. 2.2.2 Restrictions on Use. Client acknowledges and agrees that Client will not use the TCP Services for the benefit of any third party. Client agrees not to, not to attempt to, nor allow any third party to: (i) use the TCP Services in any manner that could damage, disable, overburden, or impair TCP’s servers or networks or interfere with any other party’s use and enjoyment of the TCP Services; (ii) attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means; (iii) copy, distribute, rent, lease, lend, sublicense, transfer the TCP Services, make the TCP Services available to any third party, or use the TCP Services on a service bureau or time sharing basis, (iv) decompile, reverse engineer, or disassemble the TCP Services or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the TCP Services, (v) create derivative works based on the TCP Services; (vi) modify, remove, or obscure any copyright, trademark, patent, or other notices or legends that appear on the TCP Services or during the use and operation thereof; (vii) publicly disseminate performance information or analysis (including benchmarks) relating to the TCP Services; or (viii) use the TCP Services in a manner which violates or infringes any laws, rules, regulations, third party intellectual AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 130 of 337 TCP Services Agreement | wl 12.11.24 4 property rights, or third party privacy rights. Client may not use any automated means, including agents, robots, scripts, or spiders to access or manage the TCP Services, except solely to the extent as may be specifically enabled and authorized by TCP in writing. TCP may take any legal and technical measures to prevent the violation of this provision and to enforce this Agreement. 2.3 Third Party Services. 2.3.1 Client may require the TCP Services to interoperate with platforms or other online services operated by third parties (“Third-Party Platforms”) pursuant to an agreement between TCP and the operators of such Third-Party Platforms, an agreement between Client and the operators of such Third-Party Platforms, or through application programming interfaces (“APIs”) or other means of interoperability which are generally made available by such operators. 2.3.2 As applicable, Client hereby grants TCP the limited right to access such Third-Party Platforms with Client’s credentials and on behalf of the Client in connection with the performance of the TCP Services. Client acknowledges and agrees that TCP’s agreements with the operators of such Third-Party Platforms and the terms governing the use of APIs may be modified, suspended, or terminated at any time, and TCP shall have no liability with respect to any such modification, suspension, or termination. Client is responsible for ensuring that its use of the TCP Services in connection with any Third-Party Platform, and TCP’s access to such Third-Party Platforms on Client’s behalf, complies with all agreements and terms applicable to such Third-Party Platform. 2.4 Client Data. 2.4.1 General. Client hereby grants TCP a worldwide, royalty-free, non- exclusive, limited license to use, host, copy, transmit, display, modify, and create derivative works of Client Data for the express purpose of providing the TCP Services. Client acknowledges and agrees that it will determine the means and purposes of processing Client Data and that TCP acts solely as a service provider that processes Client Data on behalf of and at the direction of Client for the sole purpose of performing the TCP Services under this Agreement. Client is responsible for ensuring that all Designated Users who provide instructions to TCP on Client’s behalf are authorized. Client shall have sole responsibility for the accuracy, quality, content, legality, and use of Client Data and the means by which any Personal Data is obtained from Designated Users and Employees and transferred to TCP, and Client is solely responsible for any transfer of Personal Data to any third-party data controller or data processor (e.g., human resources or payroll application), and TCP shall have no liability in connection therewith. Client agrees to implement data protection-related procedures that will not be less protective than those imposed on TCP by this Agreement and the Privacy Policy. 2.4.2 Restrictions on TCP’s Processing of Client Data. TCP is expressly prohibited from processing any Client Data for any purpose other than for the specific AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 131 of 337 TCP Services Agreement | wl 12.11.24 5 purpose of performing the TCP Services unless requested by Client or required by applicable law. TCP is prohibited from selling Personal Data under any circumstances and for any purpose. No other collection, use, disclosure, or transfer (except to Subprocessors in accordance with Section 22) of Client Data is permitted without Client's express prior written instruction. TCP acknowledges and agrees that it understands and will comply with each of the restrictions and obligations set forth in this Section 2.4.2. 2.4.3 Subprocessors. TCP has appointed Subprocessors for the purpose of providing data hosting and security services. Client acknowledges and agrees that Subprocessors may process Client Data in accordance with the terms of this Agreement, the Privacy Policy and any Order Form. TCP’s agreements with its Subprocessors impose data protection-related processing terms on such Subprocessors that are no less protective than the terms imposed on TCP in this Agreement and the Privacy Policy. The Privacy Policy contains an overview of the categories of Subprocessors involved in the performance of the relevant TCP Services. The appointment of a Subprocessor to perform part or all the TCP Services hereunder shall not relieve TCP of any liability under this Agreement. 3. Data Security. 3.1 Security Standards. 3.1.1 TCP shall implement reasonable security procedures consistent with industry standards to protect Client Data from unauthorized access, including without limitation (i) industry-standard encryption of data at rest within TCP’s data centers; (ii) web application firewalls; (iii) virus detection and anti-virus software; (iv) authentication techniques, such as user names and passwords, or authorization formats, which limit access to particular TCP personnel; and (v) additional security controls consistent with SOC 2 Type II reporting standards. 3.1.2 The Parties shall implement administrative, technical and physical security procedures consistent with industry standards and applicable data protection laws to protect Client Data from unauthorized access, including by adopting access policies that prevent the internal sharing or inadvertent communication of login credentials. 3.1.3 Client is responsible for reviewing the information made available by TCP relating to data security and making an independent determination as to whether the TCP Services meet Client’s requirements and obligations under applicable data protection laws. Client acknowledges that data security measures taken by TCP are subject to technical progress and development and TCP may update or modify such security measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the TCP Services. 3.2 Security Breach Notifications. TCP will promptly report to Client any unauthorized access to Client Data within TCP’s or its Subprocessors’ systems upon AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 132 of 337 TCP Services Agreement | wl 12.11.24 6 discovery and in accordance with applicable data breach notification laws. TCP will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. TCP’s notification of or response to any security incident under this Section 3.2 shall not be construed as an acknowledgment by TCP of any fault or liability with respect to such security incident. 3.3 Data Backup and Retention. TCP shall undertake commercially reasonable efforts to backup Client Data with a restore point objective of twenty-four (24) hours. Client Data shall be backed up and retained in accordance with TCP’s retention policy as set forth in the Privacy Policy. 4. Data Privacy. TCP will process Employee Personal Data in accordance with the terms of this Agreement, the Privacy Policy and all applicable data protection laws. Client must maintain its own data collection, disclosure, retention, and storage policies in compliance with applicable law. 4.1 Biometric Data. To the extent that Client collects, captures, stores, or otherwise uses Biometric Data relating to an individual, Client must (i) first inform the individual from whom Biometric Data will be collected, in writing and prior to collecting his or her Biometric Data, that Biometric Data is being collected, stored, and/or used; (ii) indicate, in writing, the specific purpose(s) (which may not be other than employment-related purposes) and length of time for which Biometric Data is being collected, stored, and/or used; and (iii) receive a written release from the individual (or his or her legally authorized representative) authorizing the Client, TCP, TCP’s third- party service providers (who are subject to restrictions no less restrictive than those imposed on TCP herein) to collect, store, and/or use the Biometric Data and authorizing the Client to disclose such Biometric Data to TCP and TCP’s third-party service providers 4.2 Requests. Client agrees to adopt a commercially reasonable policy for managing data requests from Designated Users and Employees, which policy shall safeguard the rights of such data subjects and respect the original purpose of such data collection. Client, as the Party which determines the means and purposes for processing Client Data, shall be responsible for receiving, investigating, documenting, and responding to all Designated User and Employee requests for inspection or erasure of Personal Data. 4.3 Assistance. If Client receives a request from a Designated User or Employee to exercise such individual’s rights under applicable data protection laws, and Client requires TCP’s assistance to respond to such request in accordance with applicable data protection laws, TCP shall assist the Client by providing any necessary information and documentation that is under TCP’s control. TCP shall be given reasonable time to assist the Client with such requests in accordance with applicable law. 4.4 Client’s Privacy Policy. Where required by law, Client agrees to adopt a privacy policy in alignment with this Agreement and all applicable laws governing the AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 133 of 337 TCP Services Agreement | wl 12.11.24 7 collection, use, transfer and retention of Personal Data. Client agrees to provide TCP, upon reasonable request, Client’s adopted privacy policy. 5. Confidential Information. 5.1 Each Party (the “Receiving Party”) acknowledges that it will have access to certain confidential information of the other Party (the “Disclosing Party”) concerning the Disclosing Party’s business, plans, customers, software, technology and products, other information held in confidence by the Disclosing Party, and Personal Data. In addition, a Disclosing Party’s confidential information will include (i) all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential, and (ii) the TCP Technology and related algorithms, logic, design, specifications, and coding methodology, and to the extent permitted by law, the terms and conditions of this Agreement, but not its existence (all of the foregoing being referred to as “Confidential Information”). 5.2 The Receiving Party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the Disclosing Party’s Confidential Information, and will take reasonable precautions to protect the confidentiality of such Confidential Information in at least the same manner as is necessary to protect its own Confidential Information and in accordance with applicable data protection laws. To the extent that the Receiving Party is permitted to retransmit any Confidential Information it receives from the Disclosing Party, the mode of retransmission must be at least as secure as the mode by which the Disclosing Party transmitted the Confidential Information to the Receiving Party. 5.3 Information will not be deemed Confidential Information hereunder if such information: (i) is known to the Receiving Party prior to receipt from the Disclosing Party, whether directly or indirectly, from a source other than one having an obligation of confidentiality to the Disclosing Party; (ii) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party, whether directly or indirectly, from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information. 6. Cooperation With Authorities. If either Party is requested to disclose all or any part of any Confidential Information under a subpoena or inquiry issued by a court of competent jurisdiction or by a judicial or administrative agency or legislative body or committee, the Receiving Party shall (i) immediately notify the Disclosing Party of the existence, terms and circumstances surrounding such request; (ii) consult with the Disclosing Party on the advisability of taking legally available steps to resist or narrow AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 134 of 337 TCP Services Agreement | wl 12.11.24 8 such request and cooperate with the Disclosing Party on any such steps it considers advisable; and (iii) if disclosure of the Confidential Information is required or deemed advisable, exercise its best efforts to obtain an order, stipulation or other reasonably acceptable assurance that the Confidential Information or part thereof required to be disclosed shall retain its confidentiality and remain otherwise subject to this Agreement. Although TCP will not systematically monitor the Client Data, TCP reserves the right, upon prior written notice to Client, to remove access to Client Data to comply with applicable law, provided, however, that access to such Client Data will be restored upon a mutual determination of the Parties that such Client Data is in compliance with, or has been modified to be in compliance with, applicable law. 7. Supplemental Services; Master Agreement. 7.1 TCP may provide to Client supplemental services in accordance with a Statement of Work or a separate services agreement. 7.2 Client may elect to purchase additional products and services via Order Forms from time to time. The Parties agree that this Agreement is a master agreement such that additional transactions, excluding leased hardware, will be governed by the terms and conditions hereof. Pricing for additional transactions shall be in accordance with TCP’s then-current pricing schedule. Client agrees that absent TCP’s express written acceptance thereof indicated by execution by an officer of TCP, the terms and conditions contained in any purchase order or other document issued by Client to TCP for the purchase of additional services, shall not be binding on TCP to the extent that such terms and conditions are additional to or inconsistent with those contained in this Agreement. 7.3 Hardware purchased from TCP and incorporated into TCP Services requires the purchase of a Hardware Support and Maintenance Agreement, which shall be renewed for the term of this Agreement. 8. Use Fees. 8.1 In consideration for the performance of the TCP Services, Client shall pay TCP the Use Fees. During the Term, Client will be billed in advance an amount equal to charges as indicated in the applicable invoice or Order Form. All other charges for TCP Services received and expenses incurred during a month will be billed at the end of the month in which the TCP Services were provided. Payment by Client for all Use Fees is due upon receipt of each TCP invoice, and in no event shall such payment be received by TCP later than thirty (30) days after the invoice, except in cases where a Net Terms Agreement has been authorized by TCP. All payments will be made to TCP in U.S. dollars. 8.2 TCP Services charges will be equal to the number of total Active Licenses multiplied by the Monthly License Fee which is based on the aggregated Permissions for each Active License. Client is responsible for Monthly License Fees for the maximum number of Active Licenses during any calendar month. Client may add AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 135 of 337 TCP Services Agreement | wl 12.11.24 9 additional Employees, Designated Users and Permissions as desired each month by paying the Monthly License Fees on the next billing cycle. Client agrees to promptly update the status in the TCP Services for any Active License which has been terminated or suspended. 8.3 Employees and Designated Users added at any time during a calendar month will be charged in full for that billing period. Because Client is billed in advance for TCP Services, if Client increases its Active License count or increases Permissions during a calendar month, Client will receive an invoice reflecting the increased Active License count with overage charges incurred from the previous month and prorated over the number of months remaining in the Term. 8.4 Hardware Support and Maintenance charges will be equal to the percentage set forth in the applicable Hardware Support and Maintenance Agreement multiplied by the total purchase price of the Supported Hardware. 8.5 Except as set forth in Section 8.6 of this Agreement, after the first anniversary of this Agreement, TCP may increase the Use Fees at any time effective thirty (30) days after providing notice to Client; provided, however, that any such increase will not occur more than once in a consecutive twelve (12) month period. 8.6 Client may prepay greater than one (1) year with TCP Services and, in doing so, suspend any increase in Use Fees until expiration of the Initial Term. After the Initial Term, TCP may increase the Use Fees by no more than 10% at any time effective thirty (30) days after providing notice to Client; provided, however, that any such increase will not occur more than once in a consecutive twelve (12) month period. 9. Taxes. As applicable, Client shall, in addition to the other amounts payable under this Agreement, pay all sales, use, value added or other taxes, whether federal, state or local, however named, arising out of the transactions contemplated by this Agreement, except that Client shall not be liable for taxes based on TCP’s aggregate income. 10. Term; Guaranteed Payment. This Agreement commences on the Effective Date and, unless terminated earlier in accordance with Section 11, will remain in effect for the term specified in the applicable Order Form (“Initial Term”) and then shall automatically renew for subsequent terms consistent with the Initial Term thereafter, unless either Party gives written notice of non-renewal at least thirty (30) days prior to the end of the then current term (the Initial Term and subsequent renewal terms being referred to as the “Term”). For avoidance of doubt, except as otherwise set forth in the terms and conditions of this Agreement, all fees mutually agreed to in an Order Form are committed and non-cancelable. 11. Termination for Cause. A Party may terminate this Agreement for cause if (i) the other Party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, or in the case of failure to pay Use Fees, thirty (30) days; (ii) the other Party becomes the AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 136 of 337 TCP Services Agreement | wl 12.11.24 10 subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors; or (iii) the other Party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days of filing. Notwithstanding the foregoing, if a material breach by Client, by its nature, cannot be cured, TCP may terminate this Agreement immediately. 11.1 Termination for Non-Appropriation. Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement are at any time not forthcoming or are insufficient. Through failure of the governing body to appropriate funds, then the Client will have the right to terminate this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. The Client will provide at least thirty (30) days advance written notice of such termination. The Cilent will use reasonable efforts to ensure appropriated funds are available. Notwithstanding the above, both parties agree that the sole outcome of this clause is to allow the Client to terminate the Agreement upon each anniversary date of the Effective Date when the subscription billing commences and for the sole reason of Non-Appropriation of funds. 12. Effect of Termination. Without prejudice to any right or remedy of a Party with respect to the other Party’s breach hereunder, upon the effective date of any termination of this Agreement: 12.1 TCP’s obligation to provide the TCP Services shall immediately terminate; 12.2 after such termination and upon Client’s reasonable request, no later than thirty (30) days from termination, TCP shall provide Client Data to Client in a SQL database file format; and 12.3 within thirty (30) days of such termination, each Party will destroy or return all additional Confidential Information of the other Party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement. 13. Intellectual Property Ownership. Subject to the limited rights expressly granted hereunder, TCP reserves all right, title, and interests in and to the TCP Services and TCP Technology, including all intellectual property rights embodied therein, which shall remain the sole and exclusive property of TCP or its licensors. No rights are granted to Client hereunder other than as expressly set forth herein. This Agreement does not transfer from TCP to Client any ownership interest in the TCP Services or TCP Technology and does not transfer from Client to TCP any ownership interest in Client Data. 14. Client Representations and Warranties. 14.1 Client represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 137 of 337 TCP Services Agreement | wl 12.11.24 11 Client’s obligations and use of the TCP Services by Client, its Designated Users and Employees will not violate any applicable laws, including all applicable domestic and international data protection laws, or cause a breach of duty to any third party, including Employees. 14.2 Client represents and warrants that all Personal Data included in the Client Data has been collected from all Employees and Designated Users and will be transferred to TCP in accordance with all applicable data protection laws, including, but not limited to, the EU General Data Protection Regulation 2016/679 and the Illinois Biometric Information Privacy Act, to the extent applicable. Client acknowledges and agrees that (i) TCP is a service provider and processes Client Data solely on behalf of and at the direction of Client, and exercises no control whatsoever over the content of the Client Data passing through the TCP Services or that is otherwise transferred by Client to TCP, and (ii) it is the sole responsibility of Client to ensure that the Client Data passing through the TCP Services or that is otherwise transferred by Client to TCP complies with all applicable laws and regulations, whether now in existence or hereafter enacted and in force. 14.3 Client represents and warrants that its Affiliates’ use of the TCP Services, if any, shall not relieve Client of any liability under this Agreement, and Client shall be responsible and liable for the acts and omissions of its Affiliates hereunder as if performed or omitted by Client. 14.4 In the event of any breach of any of the foregoing representations or warranties in this Section 14, in addition to any other remedies available at law or in equity, TCP will have the right to suspend immediately any TCP Services if deemed reasonably necessary by TCP to prevent any harm to TCP and its business. TCP will provide notice to Client and an opportunity to cure, if practicable, depending on the nature of the breach. Once cured, TCP will promptly restore the TCP Services. 15. TCP Representations and Warranties. TCP represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations and delivery of the TCP Services to Client will not violate any applicable laws or regulations of the United States or cause a breach of any agreements between TCP and any third parties. 16. Mutual Representations and Warranties. Each Party represents and warrants that it has implemented a comprehensive written information security program that includes appropriate administrative, technical and physical safeguards to: (i) ensure the safety and confidentiality of Personal Data; (ii) protect against unauthorized access to and use of Personal Data; (iii) protect against anticipated threats or hazards to the security or integrity of Personal Data, and (iv) comply with applicable data protection laws. 17. Limited Warranty. TCP represents and warrants that the TCP Services and related products, as described with this Agreement, will perform in accordance with all TCP published documentation, contract documents, contractor marketing literature, and AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 138 of 337 TCP Services Agreement | wl 12.11.24 12 any other communications attached to or referenced in this Agreement and that the TCP Services will be free of errors and defects that materially affect the performance of the TCP Services (“Limited Warranty”). Client’s sole and exclusive remedy for breach of the Limited Warranty shall be the prompt correction of non-conforming TCP Services at TCP’s expense. 18. Warranty Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 170 (LIMITED WARRANTY), THE TCP SERVICES ARE PROVIDED BY TCP ON AN “AS IS” BASIS, AND CLIENT’S USE OF THE TCP SERVICES IS AT CLIENT’S OWN RISK. TCP AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST HIDDEN DEFECTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TCP DOES NOT WARRANT THAT THE TCP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING STATED OR IMPLIED BY TCP WHETHER THROUGH THE TCP SERVICES OR OTHERWISE SHOULD BE CONSIDERED LEGAL COUNSEL. TCP HAS NO RESPONSIBILITY TO NOTIFY CLIENT OF ANY CHANGES IN THE LAW THAT MAY AFFECT USE OF THE TCP SERVICES. ANY ORAL STATEMENT OR IMPLICATION BY ANY PERSON CONTRADICTING THE FOREGOING IS UNAUTHORIZED AND SHALL NOT BE BINDING ON TCP. CLIENT ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT, CLIENT HAS RELIED UPON CLIENT’S OWN EXPERIENCE, SKILL AND JUDGMENT TO EVALUATE THE TCP SERVICES AND THAT CLIENT HAS SATISFIED ITSELF AS TO THE SUITABILITY OF SUCH SERVICES TO MEET CLIENT’S BUSINESS AND LEGAL REQUIREMENTS. 19. Indemnification. 19.1 Client hereby acknowledges and agrees that TCP may not be aware of all rights available to Client’s Designated Users or Employees under all data protection regimes. Client, to the extent permitted by law, shall indemnify, defend and hold harmless TCP, its Affiliates, Subprocessors, officers, managers, directors, employees, agents, advisors and other representatives (the “TCP Indemnitees”) from and against any lawsuit, liability, loss, cost or expense (including reasonable attorneys’ fees) actually incurred or suffered by TCP Indemnitees of every kind and nature to the extent caused by or resulting from (i) any breach of a representation or warranty made by Client under this Agreement; or (ii) a third-party claim made against a TCP Indemnitee arising from or related to Client’s failure to comply with any applicable domestic or foreign data protection laws or regulations. Client shall have the right to control any defense provided pursuant to this Section 19.1, provided, however, that Client shall not, without TCP’s prior written consent, (A) enter into any settlement or compromise or consent to the entry of any judgment that does not include the delivery by the claimant or plaintiff to the applicable TCP Indemnitee of a written release from all liability in respect of such third party claim, or (B) enter into any settlement or compromise with respect to any third party claim that may adversely affect the applicable TCP Indemnitee AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 139 of 337 TCP Services Agreement | wl 12.11.24 13 other than as a result of money damages or other monetary payments that are indemnified hereunder. 19.2 TCP will indemnify, defend and hold harmless Client and its Affiliates (the “Client Indemnitees”) from and against any lawsuit, liability, loss, cost or expense actually incurred or suffered by a Client Indemnitee of every kind and nature to the extent caused by or resulting from a third-party claim made against a Client Indemnitee that the TCP Technology infringes on any U.S. intellectual property right of a third party; provided, however, that TCP is notified in writing of such claim promptly after such claim is made upon Client. TCP shall have the right to control any defense provided pursuant to this Section 19.2. In no event shall Client settle any such claim without TCP’s prior written approval. If such a claim is made or if the TCP Technology, in TCP’s opinion, is likely to become subject to such a claim, TCP may, at its option and expense, either (i) procure the right to continue using the TCP Technology or portion thereof, or (ii) replace or modify the TCP Technology or portion thereof so that it becomes non-infringing. If TCP determines that neither alternative is reasonably practicable, TCP may terminate this Agreement with respect to the portion of the TCP Technology infringing or alleged to infringe. TCP shall have no liability or obligation under this Section 19.2 if the claim arises from (i) any alteration or modification to the TCP Technology other than by TCP, (ii) any combination of the TCP Technology with other programs or data not furnished by TCP, or (iii) any use of the TCP Technology prohibited by this Agreement or otherwise outside the scope of use for which the TCP Technology is intended. 20. Liability Limitation. Except for claims arising out of Section 19.2 (TCP’s Intellectual Property Indemnity) and Section 5 (Confidential Information), in no event shall TCP’s aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, exceed the sum of amounts paid by Client to TCP during the twelve (12) months immediately prior to the date of the claim. 21. Notices. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email (provided delivery is confirmed), or U.S. Mail (registered or certified only), return receipt requested, to the address set forth on the initial page hereof. 22. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party, which shall not be unreasonably withheld; provided, however, that either Party may, without the prior consent of the other, assign all of its rights under this Agreement to (i) such Party’s parent company or a subsidiary of such Party, (ii) a purchaser of all or substantially all of such Party’s assets related to this Agreement, or (iii) a third party participating in a merger, acquisition, sale of assets or other corporate reorganization in which such Party is participating. This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns. 23. Continuing Obligations. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 140 of 337 TCP Services Agreement | wl 12.11.24 14 in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include the following: (i) any and all warranty disclaimers, limitations on or limitations of liability and indemnities granted by either Party herein; (ii) any terms relating to the ownership or protection of intellectual property rights or Confidential Information of either Party, or any remedy for breach thereof; and (iii) the payment of taxes, duties, or any money to either Party hereunder. 24. Marketing. During the Term hereof, Client agrees that TCP may publicly refer to Client, orally and in writing, as a customer of TCP. Any other reference to Client by TCP requires the written consent of Client. 25. Force Majeure. Except for the obligation to make payments, neither Party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, terrorism, acts of God, epidemic, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or complete or partial failure of the Internet (not resulting from the actions or inactions of TCP), provided that the delayed Party: (i) gives the other Party prompt notice of such cause, and (ii) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. 26. Dispute Resolution. For any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination, interpretation or invalidity thereof or any Invoice, or Order Form, the Parties shall endeavor for a period of two (2) weeks to resolve the Dispute by negotiation. This period may be extended by mutual agreement of the Parties. In the event the Dispute is not successfully resolved, the Parties agree to submit the Dispute to litigation in a court of competent jurisdiction. 27. Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 27. 28. Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 141 of 337 TCP Services Agreement | wl 12.11.24 15 LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. 29. Applicable Law; Jurisdiction; Limitations Period. This Agreement shall be construed under the laws of the State of Texas, without regard to its principles of conflicts of law. To the extent permitted by law, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one (1) year after the cause of action has arisen. 30. Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall constitute one and the same instrument. Any signature page of any such counterpart, or any email transmission thereof, may be attached or appended to any other counterpart to complete a fully executed counterpart of this Agreement, and any email transmission of any signature of a Party shall be deemed an original and shall bind such Party. 31. Miscellaneous. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the Parties. In the case of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall control. The failure of either Party to enforce any of the provisions hereof at any time shall not be a waiver of such provision, any other provision, or of the right of such Party thereafter to enforce any provision hereof. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect and be construed and enforced as if such provision had not been included or had been modified as above provided. [Signature Page Follows] AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 142 of 337 TCP Services Agreement | wl 12.11.24 16 AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 143 of 337 TCP Services Agreement | wl 12.11.24 17 Accepted by: Client TimeClock Plus, LLC By:By: Name:Name: Title:Title: AGENDA ITEM #14.A.5. Contract No. FY2025-38, Authorization To Purchase An Electronic Time And...Page 144 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With Craig Taylor Company In The Amount Of $61,708.82 Plus The Cost Of Freight, Insurance, And Maintenance Parts ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2025-39 for the purchase of a Bobcat with Craig Taylor Company in the amount of $61,708.82 plus the cost of freight, insurance, and maintenance parts. DISCUSSION: The Kodiak Island Borough Engineering Department intends to purchase a new skid steer loader for support operations at the Borough Landfill. The existing skid steer would be relocated to the Leachate Treatment Plant, where it will be used for facility operations and serve as a backup for the new skid steer loader at the Landfill. The Borough is eligible to acquire the skid steer loader through the State of Alaska's procurement program via the NASPO (National Association of State Procurement Officials) Contract. NASPO facilitates competitive bidding to ensure states and municipalities receive the best pricing for procurement needs. The quote for the skid steer loader, along with the necessary attachments for landfill operations, has been provided by Craig Taylor Company, an approved vendor under the NASPO Contract. Quote for equipment and attachments is $61,708.82. ALTERNATIVES: 1. Take no action. 2. Reject all bids. FISCAL IMPACT: The intention of the Borough is to use ARPA funds to initiate and complete this project. OTHER INFORMATION: AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 145 of 337 Quotation Number: JE897533 Quote Sent Date: Dec 07, 2024 Expiration Date: Jan 06, 2025 Prepared By: Jamie Ebert Phone: Email: j.ebert@cteak.com Customer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK, 99615 Phone: 907-486-9340 Contact David Conrad Phone: 907-486-9340 Email: dconrad@kodiakak.us Dealer Craig Taylor Equipment Co, Anchorage, AK 733 E WHITNEY ROAD ANCHORAGE, AK, 99501-1694 Item Name Item Number Quantity Price Each Total S650 T4 Bobcat Skid Steer Loader (Current) M0231 1 43,402.20 43,402.20 Standard Equipment: 74 HP Tier 4 Turbo Diesel Engine Auxiliary Hydraulics: Variable Flow Backup Alarm Bob-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Cylinder Cushioning - Lift, Tilt Engine/Hydraulic Systems Shutdown Glow Plugs (Automatically Activated) Horn Instrumentation: Engine Temp and Fuel Gauges, Hourmeter, RPM and Warning Lights Lift Arm Support Lift Path: Vertical Lights, Front & Rear Operator Cab Includes: Adjustable Suspension Seat, Top & Rear Windows, Parking Brake, Seat Bar, Seat Belt Roll Over Protective Structure (ROPS) meets SAE-J1040 & ISO 3471 Falling Object Protective Structure (FOPS) meets SAE-J1043 & ISO 3449, Level I; (Level II is available through Bobcat Parts) Spark Arrestor Exhaust System Tires: 12-16.5 12 PR Bobcat Heavy Duty Warranty: 2 years, or 2000 hours whichever occurs first Selectable Joystick Controls (SJC)M0231-R01-C04 1 678.30 678.30 Cab Plus Package Included: Cab Plus Package Includes:, Enclosed HVAC Cab, Adjustable Vinyl Suspension Seat, Power Bob-Tach, Oval Display, Standard Lights, Two-Speed Travel, 7-Pin Attachment Control M0231-P11-C15 1 4,740.40 4,740.40 74" Combination Bucket 7167312 1 3,918.44 3,918.44 Bolt-On Cutting Edge, 74"6718007 1 395.35 395.35 6K Severe Duty Pallet Fork Frame 46907101 1 835.17 835.17 48" 6K Severe Duty Pallet Fork Teeth 46907125 1 556.92 556.92 Block Heater: Engine 7328972 1 269.57 269.57 Rear Camera Kit 7329670 1 1,912.47 1,912.47 Total for S650 T4 Bobcat Skid Steer Loader (Current)56,708.82 Quote Total - USD 56,708.82 Charges Freight to Kodiak 5,000.00 Sales total before Taxes 61,708.82 AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 146 of 337 Taxes 0.00 Quote Total - USD 61,708.82 Notes: NASPO Pricing. 30% off S650 24% off attachments. Customer acceptance: Quotation Number:: JE897533 Purchase Order:___________________________________ Authorized Signature: Print:_______________________________ Sign:_____________________________________________________________ Date:_____________ Email:________________________________________________________ Tax Exempt: Y / N ▢ ▢ AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 147 of 337 NASPO ValuePoint PARTICIPATING ADDENDUM GROUND MAINTENANCE EQUIPMENT (2020-2025) Led by the Commonwealth of Virginia Page 1 of 5 Model PA Revised 4-29-2020 Master Agreement #: E194-81037-BC Participating Addendum #: N2020-GME-0004 Contractor: Bobcat Company Participating Entity: State of Alaska The Contractor shall provide Ground Maintenance Equipment to the Participating Entity as set forth in the Master Agreement for the following category: • Category 1: Tractors (heavy duty and compact) • Category 3: Off Road Utility Vehicles The following categories of products or services are not included in this agreement: • Category 2: Tractor Towed PTO (Gang Mowers and Single Unit Mowers) • Category 4: Self Propelled Riding Mowers (Medium Duty Wide Coverage and Zero Turn) • Category 5: Turf Maintenance (Towed and Ground Driven) Master Agreement Terms and Conditions: 1. Scope: The terms and conditions of the Contractor’s NASPO ValuePoint Master Agreement for Ground Maintenance Equipment (2020-2025) led by the Commonwealth of Virginia, remain in full force and effect. This Participating Addendum to the Contractor’s Master Agreement allows the addition of specific terms and conditions required by the Participating Entity. 2. Participation: This Participating Addendum, as authorized by the Participating Entity’s State statutes to utilize the Master Agreement with the prior approval of the State’s Chief Procurement Official, may be used by all state agencies, institutions of higher institution, political subdivisions and other entities authorized to use statewide contracts in the Participating Entity’s State. Issues of interpretation and eligibility for participation are solely within the authority of that State’s Chief Procurement Official. 3. Term: The initial term of the Master Agreement shall be for three years and is effective from February 28, 2020 through February 27, 2023, with two optional additional one-year renewals. The term of this Participating Addendum will coincide with the Master Agreement’s term in its entirety, including any renewals or extensions. 4. Pricing: Any products and/or services ordered under this Participating Addendum shall include the Contractor’s Master Agreement negotiated percentage discount off the products and/or services available on the Contractor’s current price catalog/list (MSRP/MPL). AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 148 of 337 NASPO ValuePoint PARTICIPATING ADDENDUM GROUND MAINTENANCE EQUIPMENT (2020-2025) Led by the Commonwealth of Virginia Page 2 of 5 Model PA Revised 4-29-2020 5. Warranty: All products furnished by the Contractor under this Participating Addendum shall be covered by all commercial warranties the Contractor provides for such products under the Master Agreement. 6. Primary Contacts: The primary contact individuals (or their named successors) for this Participating Addendum are as follows: Contractor Name: Jesse Rheault Title: Government Account Manager Address: 250 East Beaton Dr. West Fargo, ND 58078 Telephone: 701-630-5134 Email: Jesse.rheault@doosan.com Participating Entity Name: Mindy Birk Title: Contracting Officer III Address: 333 Willoughby Ave., Suite 801, Juneau, AK 99801 Telephone: 907-465-5678 Email: Melinda.birk@alaska.gov 7. Participating Entity Additions to the Master Agreement: These additions apply only to actions and relationships within this Participating Addendum: [ ] No additions to the terms and conditions of the Contractor’s Master Agreement are required. [X] The following terms and conditions are added to the Contractor’s Master Agreement: State of Alaska Additional Terms and Conditions The following terms and conditions are added to the Participating Addendum by the State of Alaska: 1) Required Reports: Contractor must submit quarterly reports to the Contracting Officer assigned by the State to manage this contract. The contractor shall provide the State of Alaska with an electronic usage report (Excel) which will list the following information at the minimum: purchasing entity, description of items purchased, date of purchase, AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 149 of 337 NASPO ValuePoint PARTICIPATING ADDENDUM GROUND MAINTENANCE EQUIPMENT (2020-2025) Led by the Commonwealth of Virginia Page 3 of 5 Model PA Revised 4-29-2020 contract price, retail price, and the extended price for each transaction. These reports are due 30 days after the end of the quarter. First Quarter: July 1 through September 30 Second Quarter: October 1 through December 31 Third Quarter: January 1 through March 31 Fourth Quarter: April 1 through June 30 2) Administrative Fee: Effective upon final signature, the Contractor shall submit a check, payable to the State of Alaska, remitted to the Department of Administration, Shared Services of Alaska for the calculated amount equal to 1.5% of the net sales for the quarterly period. a) Contractor must include the PA Number on the check. Those checks submitted to the State without the PA Number will be returned to Contractor for additional identifying information. b) Administrative fee checks shall be submitted to: ATTN: Purchasing Section State of Alaska Department of Administration Shared Services of Alaska PO Box 110210 Juneau, AK 99811-0210 c) The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing and shall not be invoiced or charged to the ordering agency. d) Payment of the administrative fee is due irrespective of payment status on any orders from a Purchasing Entity. e) Administrative fee checks are due for each quarter as follows: Reporting Period Due Date State Fiscal Quarter 1 (Jul 1 - Sept 30): Oct 31 State Fiscal Quarter 2 (Oct 1 - Dec 31): Jan 31 State Fiscal Quarter 3 (Jan 1 - Mar 31): Apr 30 State Fiscal Quarter 4 (Apr 1 - Jun 30): Jul 31 f) Any quarter with zero sales must be reported as zero sales. This may be done AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 150 of 337 NASPO ValuePoint PARTICIPATING ADDENDUM GROUND MAINTENANCE EQUIPMENT (2020-2025) Led by the Commonwealth of Virginia Page 4 of 5 Model PA Revised 4-29-2020 electronically via email to the State of Alaska contact listed in this PA. 3) Payment: Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest. Payments may be made via a state or political subdivision “Purchasing Card” with no additional charges. 4) Prompt Payment: The state is eligible to receive a 1.5% discount for all invoices paid within 15 business days from the date of receipt of the commodities or services and/or a correct invoice, whichever is later. The discount shall be taken on the full invoice amount. The state shall consider payment being made as either the date a printed warrant is issued or the date an electronic funds transfer (EFT) is initiated 8. Leasing and Financing: Procurement and other applicable laws of some Participating Entities may permit the use of leasing or alternative financing methods for the acquisition of products under the Master Agreement. The terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and the Participating Entity. When leasing or using alternative financing methods for this Participating Addendum, the Participating Entity is to follow the policy and guidelines outlined by their purchasing authority or state regulations, statutes, or any other applicable laws. 9. Subcontractors: All dealers, resellers, or other subcontractors authorized by the Contractor, as shown on the NASPO ValuePoint website, are approved to provide sales and service support under the Master Agreement. The Contractor’s use of subcontractors will be in accordance with the terms and conditions set forth in the Master Agreement. 10. Orders: Any order placed by a Participating Entity for a product and/or service available from the Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order. AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 151 of 337 6/11/2020 AGENDA ITEM #14.A.6. Contract No. FY2025-39, Authorization For the Purchase Of A Bobcat With ...Page 152 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zoning, Chapter 205 Amendments And Changes, Section 17.205.055 Submission To Assembly To Require Submission Of All Rezone Requests To The Assembly For Review ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2025-09 to public hearing at the next regular meeting of the Assembly. DISCUSSION: The Planning and Zoning Commission at its regular meeting of November 20, 2024, voted 4 to 0 with 3 absent commissioners, to forward a recommendation of approval for an amendment of KIBC Section 17.205.055 Submission to assembly, that would require all rezoning requests to go to the Assembly for review. The current code requires a recommendation for denial to be appealed to the Assembly. The Borough Attorney has informed Community Development staff and the Commission that this requirement is not an appropriate use of an appeal request. In addition, the Community Development Director informed the Commission that best planning practices require that all recommendations for denial or approval go to the Assembly for review and final action unless the applicant requesting the change in zoning withdraws the application. The Commission justified its decision on this amendment based on the 2008 Comprehensive Plan goal, which states, “… continue to update and improve the effectiveness of Borough policies, plans, regulations and procedures” and on best planning practices. The ordinance includes a provision that the Assembly schedule the ordinance for 1st reading within 60 days of receiving the ordinance from the Commission. An amendment was made at the public hearing to provide additional time to the Community Development Department to transmit a rezone recommendation to the Assembly and additional time for the Assembly to schedule the rezone case for 1st reading; the original timeframe for both actions was 30 days. This change provides 60 days for these actions to occur. The Commission conducted two public hearings on this amendment: one on October 16, 2024, and the second on November 20, 2024. No one spoke in support or opposition to this ordinance. One person spoke to request 60 days instead of 30 days for transmittal and scheduling of the 1st reading of a rezoning ordinance. ALTERNATIVES: Advance, amend, or fail the ordinance. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zo...Page 153 of 337 Ordinance No. FY2025-09 Page 1 of 2 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2025-09 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, CHAPTER 205 AMENDMENTS AND 5 CHANGES, SECTION 17.205.055 SUBMISSION TO ASSEMBLY TO REQUIRE SUBMISSION 6 OF ALL REZONE REQUESTS TO THE ASSEMBLY FOR REVIEW 7 8 WHEREAS, the Kodiak Island Borough Assembly adopted this Chapter of Title 17 under 9 Ordinance No. 83-58-O with subsequent amendments adopted under Ordinance No. FY2018-10 14 and Ordinance No. FY2019-15; and 11 12 WHEREAS, the Community Development Department Director, working with the Borough 13 Attorney, has identified the need to update this section of the code; and 14 15 WHEREAS, the Commission reviewed the issues with this chapter at work sessions on January 16 10, 2024, and March 13, 2024, directing the Community Development Director to schedule this 17 code amendment to a future available public hearing date; and 18 19 WHEREAS, a 2008 comprehensive plan goal states “continue to update and improve the 20 effectiveness of Borough policies, plans, regulations and procedures.”; and 21 22 WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance 23 with the 2008 comprehensive plan and best planning practices. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 29 Kodiak Island Borough Code of Ordinances. 30 31 Section 2: That’s Section 17.205.055 Submission to assembly of the Kodiak Island Borough 32 Code of Ordinances is amended to read as follows: 33 34 17.205.055 Submission to assembly. 35 36 A. Within 30 days after the commission has acted favorably upon a proposed zoning change in 37 accordance with the above provisions, a report with recommendations shall be submitted to the 38 assembly together with the proposed ordinance. Such recommendations of the commission shall 39 be advisory only and shall not be binding upon the assembly. When an ordinance has been 40 forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice 41 shall be issued as provided in KIBC 17.205.070 by the clerk. 42 AGENDA ITEM #14.C.1. Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zo...Page 154 of 337 Ordinance No. FY2025-09 Page 2 of 2 B. If the commission recommends denial of any proposed amendment, its action shall be final 43 unless the initiating party, within 20 days of the commission’s decision, files an appeal specifying 44 the grounds thereof in writing with the borough clerk. 45 Unless the commission recommends denial of the zoning map amendment and the 46 applicant requests that the recommendation not be forwarded to the assembly for 47 consideration, within 60 days after the commission has acted upon a proposed zoning 48 change pursuant to KIBC 17.205.060, a report with recommendations shall be submitted 49 to the assembly together with the proposed ordinance adopting the zoning map 50 amendment. Such recommendations of the commission shall be advisory only and shall 51 not be binding upon the assembly. The Assembly shall consider the commission 52 recommendation within 60 days after the receipt of the report and proposed ordinance. 53 When an ordinance has been forwarded to the assembly, the assembly shall act pursuant 54 to this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. 55 56 Effective Date: This ordinance takes effect upon adoption. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS _____ DAY OF_________________, 2024 60 61 KODIAK ISLAND BOROUGH ATTEST: 62 63 64 ___________________________ ______________________________ 65 Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk 66 67 Introduced by: Planning and Zoning Commission 68 First reading: 12/19/2024 69 Second reading/public hearing: 70 71 VOTES: 72 Ayes: 73 Noes: 74 75 76 AGENDA ITEM #14.C.1. Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zo...Page 155 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island Borough Code Title 17 To Include Defined Intent And Development Standards For Accessory Dwelling Units ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2025-11 to public hearing during the Assembly's regular meetings scheduled for January 16, 2025, and February 6, 2025. DISCUSSION: The Kodiak Island Borough Planning & Zoning Commission began working on potential amendments related to accessory dwelling units starting with a work session in May of 2023. After many months of reviewing the existing regulations in light of accessory dwelling unit regulation guides from AARP and AML; the Commission held its first public hearing on amendments related to accessory dwelling units on February 21, 2024. The Commission held three public hearings on the amendments, making multiple revisions to the draft ordinance. On June 18, 2024, the Planning & Zoning Commission voted 4 to 1 to recommend approval of Ordinance No. FY2025-03 to the Assembly, with one commissioner absent and one vacant seat. As a part of the Commission's review of potential amendments related to accessory dwelling units, the Commission reviewed several documents; the most important being the ABCs of ADUs from AARP and the AKDUs and Don'ts from AML. Both of these documents are attached to this agenda item. This ordinance was discussed by the Assembly at the August 29, 2024, September 12, 2024, October 10, 2024, and the October 31, 2024 work sessions. The Assembly expressed concerns over the following proposed revisions to the current regulations on accessory dwelling units:  Removal of the conditional use permit (CUP) requirement for those ADUs that meet the development standards. The CUP remains an option for ADUs that do not meet one or more development requirements. Note: Current regulations require a CUP for detached ADUs in the R1 and RR1 zones. A CUP is required in the RR zone for all types of ADUs.  Changes to the parking requirement of ADUs within the City of Kodiak and those outside the City. The proposed changes would require one space for ADUs in the City of Kodiak and two spaces for ADUs in the borough. This issue garnered a lot of discussion at the Planning & Zoning Commission meetings.  Changes to the size restriction to 800 square feet for all ADUs no matter the zoning district. Note: The current ADU ordinance restricts the size of an ADU to 575 square feet in the R1 and 725 square feet in all other zoning districts where ADUs are permitted.  The deletion of the requirement that the owner of the property must live in either the principal unit or the accessory dwelling unit. This change garnered a lot of discussion at the Commission meetings. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 156 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough At the October 31, 2024 work session, the Assembly directed staff to place the ordinance on the agenda for introduction at the December 19, 2024, regular meeting. At this work session, the Assembly agreed to hold two public hearings on this ordinance; one on January 16, 2025, and the second on February 6, 2025. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: The Assembly discussed this ordinance at the following work sessions:  August 29, 2024  September 12, 2024  October 10, 2024  October 31, 2024 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 157 of 337 Ordinance No. FY2025-03 Page 1 of 6 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2025-11 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 VARIOUS SECTIONS OF THE KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING TO 5 INCLUDE DEFINED INTENT AND DEVELOPMENT STANDARDS FOR ACCESSORY 6 DWELLING UNITS 7 8 WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. FY2017-21 which 9 first adopted accessory dwelling units as a part of Title 17; and 10 11 WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. FY2019-20 which 12 changed development standards for accessory dwelling units related to parking and size limits; 13 and 14 15 WHEREAS, Kodiak Island Borough Code (KIBC) 17.25.020 defines Accessory Dwelling unit 16 “ADU”; and 17 18 WHEREAS, KIBC 17.50.040, 17.60.030, 17.65.040, 17.70.030, 17.75.030, and 17.80.025 list 19 conditional uses for the conservation, rural residential, rural residential 1, rural residential 2, and 20 the residential 1 zoning districts; and 21 22 WHEREAS, KIBC 17.50.020, 17.65.030, 17.70.020, and 17.75.020 list permitted use for the 23 conservation, rural residential, rural residential 1, and the residential 1 zoning districts; and 24 25 WHEREAS, KIBC 17.160.070 permits ADU construction and provides for development 26 standards; and 27 28 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 29 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 30 thereon by the commission and public hearing as required by law, amend, supplement, modify, 31 repeal or otherwise change these regulations and the boundaries of the districts”; and 32 33 WHEREAS, the public necessity and general welfare of the community may be better served 34 by amending the code to include defined intent and development standards for accessory dwelling 35 units; and 36 37 WHEREAS, the public necessity and general welfare of the community may be better served 38 by amending the code to make all types of accessory dwelling units permitted uses in the rural 39 residential, rural residential 1, and the residential 1 zoning districts; and 40 41 WHEREAS, the amendments to KIBC 17.160.070 Accessory Dwelling Units and related 42 sections of Title 17 will accomplish the stated public need. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH that: 46 47 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 158 of 337 Ordinance No. FY2025-03 Page 2 of 6 Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read 51 as follows: 52 53 Chapter 17.25 DEFINITIONS 54 55 17.25.020 A definitions. 56 57 “Accessory dwelling unit (ADU)” means a smaller, secondary an additional dwelling unit 58 attached to or within a single-family residence or within a detached accessory structure or as a 59 separate structure on the same lot as the single-family residence. ADUs have a separate entrance 60 and exit and contain kitchen, bathroom, andL sleeping facilities located on the same lot as a 61 principal dwelling. ADUs provide complete, independent living facilities (which at a 62 minimum include permanent provisions for living, sleeping, eating, cooking, and 63 sanitation which are accessed independently). The ADU shall not constitute a dwelling unit 64 for purposes of calculating permissible density. Only one ADU may be permitted per lot. 65 There are two types of ADUs: 66 67 A. Attached ADUs are connected to or part of the principal dwelling. Examples 68 include converted living space, attached garages, basements or attics; 69 additions; or a combination thereof. An ADU shall be considered to be a part 70 of the main building when joined to the main building by a common wall not 71 less than four feet long or by a roofed passageway which shall not be less 72 than eight feet in width. 73 74 B. Detached ADUs which are separate accessory structures from the principal 75 dwelling. Examples include converted garages or new construction. 76 … 77 78 Chapter 17.50 C – CONSERVATION DISTRICT 79 80 17.50.030 Permitted accessory uses and structures. 81 82 … 83 B. Accessory residential buildings (e.g., accessory dwelling units (ADUs) subject to the 84 development requirements in KIBC 17.160.070(C), crew quarters in support of 85 commercial set-net fishing and lodge operations, banyas, outhouses, etc.); 86 … 87 88 17.50.040 Conditional Uses. 89 … 90 J. Marijuana cultivation, standard (lots less than five acres).; 91 92 K. Accessory dwelling units that do not meet one or more of the development 93 standards listed in KIBC 17.160.070.C, 1 through 7. 94 95 Chapter 17.60 RR2 – RURAL RESIDENTIAL TWO DISTRICT 96 17.60.020 Permitted uses. 97 … 98 A. Accessory buildings and accessory dwelling units (ADUs) subject to the development 99 requirements in KIBC 16.160.070.C; 100 … 101 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 159 of 337 Ordinance No. FY2025-03 Page 3 of 6 17.60.030 Conditional uses. 102 … 103 C. Marijuana cultivation, limited (lots equal to or greater than two acres).; 104 105 D. Accessory dwelling units (ADUs) that do not meet one or more of the development 106 standards listed in KIBC 17.160.070.C, 1 through 7. 107 108 Chapter 17.65 RR – RURAL RESIDENTIAL DISTRICT 109 110 17.65.030 Permitted accessory uses and structures. 111 112 A. Accessory buildings and accessory dwelling units (ADUs), subject to the 113 development requirements in KIBC 17.160.070.C . 114 … 115 116 17.65.040 Conditional uses. 117 … 118 C. Accessory dwelling units (ADUs) that do not meet one or more of the development 119 standards listed in KIBC 17.160.070. C, 1 through 7. 120 121 Chapter 17.70 RR1 – RURAL RESIDENTIAL ONE DISTRICT 122 123 17.70.020 Permitted uses. 124 … 125 M. Accessory dwelling units (ADUs) subject to the development requirements in KIBC 126 17.160.070.C (attached). 127 128 17.70.030 Conditional uses. 129 … 130 D. Accessory dwelling units (ADUs) (detached) that do not meet one or more of the 131 development standards listed in KIBC 17.160.070. C, 1 through 7. 132 133 Chapter 17.75 R1 – SINGLE-FAMILY RESIDENTIAL DISTRICT 134 135 17.75.020 Permitted uses. 136 … 137 H. Accessory dwelling units (ADUs) subject to the development requirements in KIBC 138 17.160.070.C (attached); 139 … 140 141 17.75.030 Conditional uses. 142 … 143 F. Accessory dwelling units (ADUs) (detached) that do not meet one or more of the 144 development standards listed in KIBC 17.160.070. C, 1 through 8. 145 146 Chapter 17.80 R2 – TWO-FAMILY RESIDENTIAL DISTRICT 147 148 17.80.020 Permitted uses. 149 … 150 P. Accessory dwellings units when there is a single-family residence on the property; 151 152 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 160 of 337 Ordinance No. FY2025-03 Page 4 of 6 QP. Urban agricultural buildings and activities; and 153 154 RQ. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 155 there is a single-family residence on the property). 156 157 Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS 158 159 17.160.070 Accessory dwelling units. 160 161 A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential 162 neighborhoods and can be an effective way to add affordable housing to existing 163 neighborhoods. ADUs also provide a flexible way to address family needs for additional 164 housing. ADUs are not intended for use as transient housing and shall not be permitted 165 for use as a bed and breakfast. 166 167 1. ADUs are not intended to allow a two-family residence in any single-family residential 168 zoning district. 169 170 2. ADUs are not intended to circumvent the parking requirements for a two-family 171 dwelling (duplex) in the R-2 zoning district. 172 173 B. Permitted Uses. 174 175 1. ADUs are a permitted use in the following residential zoning districts, subject to the 176 development standards in subsection C of this seciton: 177 178 a. Chapter 17.50 KIBC, C – Conservation District; 179 180 b. Chapter 17.65 KIBC, RR – Rural Residential District; 181 182 bc. Chapter 17.60 KIBC, RR2 – Rural Residential Two District; 183 184 cd. Chapter 17.70 KIBC, RR1 – Rural Residential One District (attached); 185 186 de. Chapter 17.75 KIBC, R1 – Single-family Residential District (attached); 187 188 e. Chapter 17.80 KIBC, R2 – Two-family Residential District. 189 190 C. Conditional Uses. 191 192 1. ADUs are a conditional use in the following residential zoning districts: 193 194 a. Chapter 17.65 KIBC, RR – Rural Residential District; 195 196 b. Chapter 17.70 KIBC, RR1 – Rural Residential One District (detached); 197 198 c. Chapter 17.75 KIBC, R1 – Single-family Residential District (detached). 199 200 DC. Development Standards for ADUs. 201 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 161 of 337 Ordinance No. FY2025-03 Page 5 of 6 1. Only one ADU shall be permitted on a lot. Lot size: The minimum lot area of the 202 applicable zoning district shall apply. No lot that is substandard in the minimum lot 203 area of the applicable zoning district may apply for an ADU. 204 205 2. Location. An ADU may be attached to or located within a single-family residence or within 206 a detached accessory building on the same lot as the single-family residence or as a 207 separate structure on that lot. 208 209 a. Attached ADU: If the ADU is located within a single-family dwelling, There shall only 210 be one entrance to the front of the house. Separate entrances to an ADU located within 211 the principal dwelling or attached to it are permitted at the side or the rear of the 212 principal dwelling unit. 213 b. Detached ADU: The structure in which the ADU is located shall be located either 214 to the side or behind the principal structure that contains the single-family 215 residence. 216 217 3. ADUs are required to comply with all applicable building and fire code requirements. 218 219 43. Water Supply and Wastewater Disposal. The accessory dwelling unit must have a 220 bathroom and shall share the same sewage disposal and water supply systems (e.g., 221 a well and septic system or connection to public water and sewer) as the principal 222 dwelling unit unless separate sewer and water connections are required by the city of 223 Kodiak, ADEC, or the communities of Akhiok, Karluk, Larsen Bay, Old Harbor, 224 Ouzinkie, or Port Lions. 225 226 54. Parking. 227 228 a. Five off-street parking spaces are required for any lot with an ADU that is 600 square 229 feet or less outside the City of Kodiak (three for the existing dwelling unit and two 230 for the ADU). 231 232 b. SixFour off-street parking spaces are required for any lot with an ADU that is greater 233 than 600 square feet located within the City of Kodiak (three for the existing dwelling 234 unit and threeone for the ADU). 235 236 65. Size Limit. 237 238 a. An ADU shall be limited to 575800 square feet or less in the R1 and R2 Districts. In all 239 other districts an ADU shall be limited to 725 square feet or less. 240 241 b. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to 242 be used as an ADU. 243 244 7. The owner of the property shall live in the principal dwelling or the ADU. 245 246 86. No new access points or driveways shall be created or installed for access to the ADU. 247 248 97. Nonconforming Structures. 249 250 a. ADUs may be located within an existing single-family detached dwelling that is 251 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 162 of 337 Ordinance No. FY2025-03 Page 6 of 6 nonconforming with respect to required setbacks, provided the ADU requirement 252 for off-street parking is met. 253 254 b. ADUs are prohibited in any accessory structure that is nonconforming with 255 respect to required setbacks. 256 257 108. Access for Emergency Services Providers. 258 a. The zoning compliance permit and site plan for an ADU must show the location of 259 an unobstructed route of travel from the street to the ADU entrance. 260 261 b. Exterior doors and openings required by this code or the IBC shall be maintained 262 readily accessible for emergency access by the fire department. An approved 263 access walkway leading from the apparatus access roads to exterior openings 264 shall be provided when required by the fire code official. 265 266 119. Variances. Conditional Use Permit Required. 267 Nothing in this section guarantees any property owner the right to create an accessory 268 dwelling unit unless it conforms to all provisions in this section and in the section for the 269 zoning designation of the specified lot. Limitations due to natural features, lot size, lot 270 dimensions, building layout, or other physical or environmental factors shall not be 271 reasons for granting a variance from the standards and provisions of this section and the 272 section for the zoning designation of the specified lot. No variances shall be granted for 273 the creation of an attached or detached accessory dwelling unit. Provisions within this 274 chapter shall not be eligible for a variance. A proposed ADU that does not meet one 275 or more of the provisions of paragraph C, 1 through 7, may request a conditional 276 use permit. As part of the conditional use permit review, the applicant shall provide 277 written justification on why a development standard cannot be met. The 278 commission must determine as part of its review of such a conditional use permit 279 request whether the written justification for the CUP is in conformance to the review 280 criteria established in KIBC 17.200.050 paragraph A. 281 282 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 283 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 284 285 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 286 THIS ______ DAY OF ________, 2024 287 288 KODIAK ISLAND BOROUGH ATTEST: 289 290 291 ___________________________ ______________________________ 292 Scott Arndt, Mayor Nova M. Javier, MMC, Borough Clerk 293 294 Introduced by: 295 First reading: 296 Second reading/public hearing: 297 298 VOTES: 299 Ayes: 300 Noes: 301 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 163 of 337 Community Structure Size Lot Size Parking Permit Process Owner Requirement Location on Lot Short Term Rental City of Borough of Juneau 600 sf, up to 1,000 sf for lots that are 125% or more of min. lot size and does not exceed 50% of principal structure Minimum lot size of zone 1 , except no parking required in city center Admin, CUP if does not meet admin standards Not Applicable Not Applicable Not Applicable City and Borough of Sitka 800 sf Not Applicable 2 spaces Admin, CUP may be requested if one or more standards is not met. Not Applicable Not Applicable Cannot be leased for less than 90 days Petersburg Borough 40% or 800 whichever is less (lots 0.5 acres or less; 60% for lots 0.5 to 1 acre’ or 80% for lot over 1 acre Not Applicable None Admin Not Applicable 40 feet from from property or no closer to street than principal structure Not Applicable City of Palmer 40% of the principal unit; minimum of 300 sf and maximum of 900 sf 10,000 sf lot of attached; 20,000 sf lot for detached Studio or 1 bedroom - 1 space; 2 bedroom - 2 spaces Admin Owner required to live in one of the units (at least 6 months or more in a year) A recorded covenant is required to notify the borough 30 days prior to a change in ownership Cannot be closer to front property line than the principal structure Not Applicable City of Soldotna 750 sf and cannot exceed the size of the principal unit Minimum lot size of zone 1 space Admin Not Applicable At least 10 feet behind the front plane of the principal unit from the street. Only one of the two units on a lot may be used as a short term rental Municipality of Anchorage 40% or 900 sf, whichever is greater; no ADU can exceed 1200 sf Not Applicable None Admin Not Applicable Not Applicable Not Applicable Ketchikan Gateway Borough 60% or 1200 sf, whichever is less Not Applicable 1 space Admin Not Applicable Not Applicable Not Applicable A D U S T A N D A R D S B Y A K C O M M U N I T Y AG E N D A I T E M # 1 4 . C . 2 . Or d i n a n c e N o . F Y 2 0 2 5 - 1 1 , A m e n d i n g V a r i o u s S e c t i o n s O f T h e K o d i a k I s l a n d . . . Pa g e 1 6 4 o f 3 3 7 Zoning District Zone Type Area Zoned Min. Lot Area Setbacks Max. Build Area ADU Attached ADU Detached Proposed ADU ADU Size Proposed ADU Size Parking Proposed Parking R1 SF*1,221 ac 7200 sf FY25, SY 10, RY10 5275 sf Admin CUP Admin 575 sf 800 sf 2<600 sf - 3>600 sf 1 in CoK, 2 in Borough C Conservation SF*4,134,020 ac 5 ac FY25, SY25, RY25 10890 sf Admin Admin Admin 725 sf 800 sf 2<600 sf - 3>600 sf 1 in CoK, 2 in Borough RR1 SF*1,557 ac 40000/200 00** FY25, SY15/10***, RY20 25956/14100 sf****Admin CUP Admin 725 sf 800 sf 2<600 sf - 3>600 sf 1 in CoK, 2 in Borough RR2 SF*860 ac 2 ac FY50, SY20, Ry20 59200 sf Admin Admin Admin 725 sf 800 sf 2<600 sf - 3>600 sf 1 in CoK, 2 in Borough RR SF*215 ac 40000 FY25, SY15, RY20 6000 sf CUP CUP Admin 725 sf 800 sf 2<600 sf - 3>600 sf 1 in CoK, 2 in Borough SF means single family zone ** Larger lot size, no public sewer and water/smaller lot size, public sewer and water available *** Larger side yard required for larger lot size/smaller side yard for smaller lot size **** Maximum buildable area for larger lot size/maximum buildable area for smaller lot size Note: The area of 1 parking space is 162 square feet www.reallygreatsite.com A D U C O M P A R I S O N T A B L E AG E N D A I T E M # 1 4 . C . 2 . Or d i n a n c e N o . F Y 2 0 2 5 - 1 1 , A m e n d i n g V a r i o u s S e c t i o n s O f T h e K o d i a k I s l a n d . . . Pa g e 1 6 5 o f 3 3 7 ATTACHED ADU SECOND-STORY ADU BASEMENT ADU The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages GARAGE-CONVERSION ADU DETACHED ADU AARP.org/ADUs AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 166 of 337 Orange Splot LLC is a development, general contracting and consulting company with a mission to pioneer new models of community-oriented, affordable green housing developments. Orange Splot projects have been featured in the New York Times, Sunset magazine and on NBC’s Today show. (The detached ADUs on page 3 and the back cover are by Orange Splot.) Company founder Eli Spevak has managed the financing and construction of more than 300 units of affordable housing, was awarded a Loeb Fellowship by the Harvard University Graduate School of Design, cofounded the website AccessoryDwellings.org and serves as chair of Portland, Oregon’s Planning and Sustainability Commission. AARP is the nation’s largest nonprofit, nonpartisan organization dedicated to empowering people 50 or older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts by neighborhoods, towns, cities, counties, rural areas and entire states to be livable for people of all ages. Websites: AARP.org and AARP.org/Livable Email: Livable@AARP.org Facebook: /AARPLivableCommunities Twitter: @AARPLivable Free Newsletter: AARP.org/LivableSubscribe Website: OrangeSplot.net Email: eli@OrangeSplot.net Copyright ©AARP 2021, 2nd edition (1st edition published in 2019) | AARP is a registered trademark. | All rights reserved. No part of this publication may be reproduced in any form or by any means without the prior written permission of AARP, except brief quotations in connection with reviews written specifically for inclusion in magazines, newspapers or websites, or limited excerpts strictly for personal use. AARP and Accessory Dwelling Units Visit AARP.org/ADU to order or download our free publications and find more resources about ADUs. ATTACHED ADU SECOND-STORY ADU BASEMENT ADU The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages GARAGE-CONVERSION ADU DETACHED ADU AARP.org/ADUs AARP’s ADU Publications (from left): This introductory guide; guidance about creating an ADU model state act or local ordinance; a detailed guide to design and development. An ADU Design Catalog with a summary of ADU policies in Austin, TX; Denver, CO; Oakland, CA and the District of Columbia. Accessory Dwelling Units A Step by Step Guide to Design and Development Accessory Dwelling Units Model State Act and Local Ordinance CREATED FOR STATE AND LOCAL LEADERS BY AARP Government Affairs DETACHED ATTACHED INTERIOR (UPPER LEVEL) INTERIOR (LOWER LEVEL)GARAGE CONVERSIONABOVE GARAGE AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 167 of 337 The ABCs of ADUs | AARP 1 Welcome! Come On In Accessory dwelling units are a needed housing option for people of all ages We know from surveys by AARP and others that a majority of Americans prefer to live in walkable neighborhoods that offer a mix of housing and transportation options and are close to jobs, schools, shopping, entertainment and parks. These preferences — coupled with the rapid aging of the United States’ population overall, the decrease in households with children and the national housing shortage — will continue to boost the demand for smaller homes and affordable, quality rental housing. As small houses or apartments that exist on the same property lot as a single-family residence, accessory dwelling units — or ADUs — play a major role in serving a national housing need. This traditional home type is reemerging as an affordable and flexible housing option that meets the needs of older adults and young families alike. p Accessory dwelling units (or ADUs) come in many shapes and styles. The ABCs of ADUs is a primer for elected officials, policymakers, local leaders, homeowners, consumers and others to learn what accessory dwelling units are and how and why they are built. The guide also suggests best practices for how towns, cities, counties and states can support the creation of ADUs as a way to expand and diversify housing options. INTERIOR (UPPER LEVEL)DETACHED ATTACHED INTERIOR (LOWER LEVEL)ABOVE GARAGE GARAGE CONVERSION In fact, in the 2021 AARP Home and Community Preferences Survey, adults age 18 or older who would consider creating an ADU said they’d do so in order to: • provide a home for a loved one in need of care (86%) • provide housing for relatives or friends (86%) • have a space for guests (82%) • create a place for a caregiver to stay (74%) • increase the value of their home (69%) • feel safer by having someone living nearby (67%) • earn extra income from renting to a tenant (63%) Since ADUs make use of the existing infrastructure and housing stock, they’re also environmentally friendly and respectful of a neighborhood’s pace and style. An increasing number of towns, cities, counties and entire states have been adapting their zoning or housing laws to make it easier for homeowners to create ADUs. n AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 168 of 337 2 AARP | The ABCs of ADUs What ADUs Are — And What They Can Do ADUs are a family-friendly, community-creating type of housing the nation needs more of Although most local governments, zoning codes and planners in the United States use the term accessory dwelling unit or ADU, these small homes and apartments are known by dozens of other names. The different terms conjure up different images. (Who wouldn’t rather live in a “carriage house” than in an accessory or “ancillary” unit?) Even if you’ve never heard of accessory dwelling units or ADUs, you have likely heard of — and perhaps know the locations of — some of the home types noted in the list at right. n • accessory apartment • backyard bungalow • basement apartment • casita • carriage house • coach house • English basement • garage apartment • granny flat • guest cottage • guest house • in-law suite • laneway house • multi-generational house • ohana unit • secondary dwelling unit p Accessory dwelling units show up in neighborhoods throughout the country — and even in pop culture. One example: In the sitcom Happy Days, Fonzie (right) rents an above-garage ADU from the Cunningham family in 1950s-era Milwaukee, Wisconsin. ADUs Are Also Known As … CR E A T I V E C O M M O N S • An ADU is a small residence that shares a single-family lot with a larger, primary dwelling • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and sleeping area • An ADU can be located within, attached to or detached from the main residence • An ADU can be converted from an existing structure (such as a garage) or built anew • ADUs are found in cities, in suburbs and in rural areas, yet are often invisible from view because they’re positioned behind or are tucked within a larger home • Because ADUs are built on single-family lots as a secondary dwelling, they typically cannot be partitioned off to be sold separately • An ADU can enable family members (including family caregivers) to reside on the same property while having their own living spaces • An ADU can provide housing for a hired caregiver • An ADU can provide rental income to homeowners • ADUs are a practical option for tenants seeking small, affordably priced rental housing • For homeowners looking to downsize, an ADU can be a more appealing option than moving into an apartment or, if they’re older, an age-restricted community • ADUs can help older residents remain independent and “age in place” • As an adaptable form of housing, ADUs provide flexible solutions for changing needs. n p Renting out this 350-square-foot garage-conversion ADU in Portland, Oregon, helps the property owner, who lives in the lot’s primary residence, pay her home mortgage. Although many people have never heard the term, accessory dwelling units have been around for centuries (see page 6) and are identified by many different names. To be clear about what’s being discussed: PH O T O A N D L I S T F R O M AC C E S S O R Y D W E L L I N G S . O R G AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 169 of 337 The ABCs of ADUs | AARP 3 t A DETACHED ADU (aka DADU) is a stand-alone home on the same lot as a larger, primary dwelling. Examples include backyard bungalows and converted outbuildings. Location: Portland, Oregon Photo by David Todd p A LOWER-LEVEL ADU is typically created through the conversion of a home’s existing basement (provided that height and safety conditions can be met) during construction of the house or (above and on page 7) as part of a foundation replacement and house lift. Location: Portland, Oregon | Photo by Chris Nascimento u Access to an UPPER-LEVEL ADU can be provided through a stairway inside the main home or directly from an exterior staircase. This 500-square-foot ADU is part of a 1,900-square-foot primary dwelling. Location: Portland, Oregon Photo by Eli Spevak, Orange Splot LLC p An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home’s side or rear. Such units can have a separate or shared entrance. In this example, the owners built a connection between the house and what was a detached garage. The addition and the space above the garage contain the ADU, which has its own entrance (pictured at right). Location: Anne Arundel County, Maryland Photo by Melissa Stanton, AARP Since ADUs are custom designed and created, they’re able to fit discreetly into all sorts of locations, including suburban subdivisions, walkable towns, urban neighborhoods — and, of course, large lots and rural regions. p A GARAGE ADU converts all or part of an attached or detached garage into a residence. Other options: adding an ADU above a garage or building a new unit for both people and cars. Location: Cape May, New Jersey Photo by Melissa Stanton, AARP ADUs Come in Many Shapes and Styles AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 170 of 337 4 AARP | The ABCs of ADUs ADUs Are Good for People and Places Communities that understand the benefits of ADUs allow homeowners to create them ADUs are an economical housing option • ADUs can generate rental income to help homeowners cover mortgage payments or simply make ends meet. The income provided by an ADU tenant can be especially important for older people on fixed incomes. • Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. • Many ADUs are created for family members or friends to reside in for free or at a discounted rate. In fact, when a loved one is in need of care or can’t live alone, an ADU can be a viable alternative to a costly assisted-living facility. • Although market rate rents for ADUs tend to be slightly more than for similarly sized apartments, they often represent the only affordable rental choices in single-family neighborhoods, which typically contain few or no small or rental housing options at all. • The state of California and some municipalities are boosting ADUs by providing grants and other incentives as part of affordable housing and anti-displacement strategies to help lower-income households build ADUs or reside in them at reliable rents. ADUs are community- compatible • ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to an area’s sprawl. • ADUs provide a more dispersed and incremental way of adding homes to a community than other options, such as multistory apartment buildings. • ADUs are typically managed by homeowners who live on the premises. Such landlords are less likely to tolerate a destructive tenant. ADUs are good for the environment • ADUs require fewer resources to build and maintain than full-sized homes. • ADUs use significantly less energy for heating and cooling. (Of all the ADU types, internal ones tend to have the lowest building and operating costs.) ADUs are just the right size • Generally measuring between 600 and 1,000 square feet, ADUs work well for the one- and two-bedroom homes needed by today’s smaller, childless households, which now account for nearly two- thirds of all households in the United States. ADUs are able to house people of all ages • ADUs offer young people entry-level housing choices. • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his or her family reside in it. • An ADU’s use can be adapted for different household types, income levels, employment situations and stages of life. n SO U R C E : N A T I O N A L A S S O C I A T I O N O F H O M E B U I L D E R S , U . S . C E N S U S B U R E A U FACT: ADUs house more people per square foot of living area than single-family homes do. Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? YEAR 1950 2020 Median square footage of new single-family homes 983 2,261 Number of people per household 3.8 2.5 Square feet of living space per person 292 904 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 171 of 337 The ABCs of ADUs | AARP 5 HOME VISIT #1Attached ADU Addition Santa Cruz, California Size: 500 square feet p The area with the darker roof shingles is the ADU that was added onto the home of Carrie and Sterling Whitley. t q The Whitleys’ ADU (that’s Carrie showing off the front yard’s new paths and plantings) has its own entrance on the side of the home and is being rented to the couple’s daughter so she can help her elderly parents when needed. When Carrie and Sterling Whitley bought their house in 1971, they paid less than $15,000. Nearly 50 years later, similar homes on their street have sold for more than $1 million. THE PROBLEM: The Whitleys, who are in their 80s, own the house outright and don’t want to move. But the financial and physical demands involved in maintaining the house are a challenge. A SOLUTION: To help low-income homeowners age 62 or older live independently and keep their homes, the Monterey Bay affiliate of Habitat for Humanity and the City of Santa Cruz launched My House My Home: A Partnership for Aging-in-Place. The pilot program builds accessory dwelling units so older homeowners can downsize into a new, aging-friendlier home and earn rental income from their original house. Or such homeowners can remain in their house and rent out the new, smaller residence. Participating homeowners are required to charge an affordable rental rate. REALITY CHECK: When the Whitleys’ project broke ground in April 2017, they were the first homeowners to receive an ADU through the program, which worked with them to design the ADU as an addition to their existing home. Since the dwelling was built with accessibility features, Carrie and Sterling know they can downsize into it if they ever need to. Until then, their daughter, Brenda, resides in the addition. REAL LIFE: “I’m right next door to my parents in case they need me or need any help,” Brenda says. Design: Historic Sheds | Builder: Historic Sheds | Cost to build: $158,000 in 2017 (not including volunteer labor) | Photos by Michael Daniel | Article adapted from Where We Live: Communities for All Ages (AARP 2018) ADU ADVICE: With an attached ADU, privacy between the two residences can be achieved by locating the ADU bedroom(s) and bathroom(s) as far as possible from the main house. Providing the ADU with its own yard or outdoor space is helpful too. AA R P AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 172 of 337 q This carriage house containing a one-bedroom, one-bath ADU above a two-car garage sits behind a six-level, Gilded Age, Hoboken, New Jersey, townhome that was built in 1883. The dual residence property was on the market in 2018 for $5 million. ADUs Are an American Tradition While today’s interest in ADUs may be new, the housing type is centuries old Early settlers often built a small home to live in while constructing their larger, primary house nearby. When farming was a source of survival for most of the nation’s households, families routinely constructed additional homes on their land when needed. People with wealth and acreage regularly populated their lands with secondary mansions and ancillary buildings independent of the main estate house. In fact, until the 20th century, people who owned land built as many homes as they wished, often for extended family or workers. There were few or no zoning rules, municipal services or infrastructure needs (utilities, roads, schools, trash collection, first-responders) to consider. A historic precedent for the modern day accessory dwelling unit is the “carriage house,” or “coach house.” Originally built for horse-drawn carriages, the structures associated with grander homes were frequently large enough to double as living quarters for workers such as stable hands. Decades later, in response to housing shortages and economic needs, many surviving carriage houses were converted into rental homes. By becoming landlords, the owners gained income from their often unused outbuildings. Automobile garages have a similar history. Some were originally built with a housing unit upstairs. Over time, many garages were converted (often illegally or under zoning codes no longer applicable today) into small homes when the spaces became more valuable for housing people than vehicles. With the rise of suburban single-family home developments following World War II, ADUs practically ceased to be built legally in the United States. Then as now, residential zoning codes typically allowed only one home per lot, regardless of the acreage and with no exceptions. Attached and detached garages occupied yard space that might otherwise have been available for ADUs. Some cities, including Chicago, grandfathered in pre-existing “coach house” ADUs — but only if they remained consistently occupied. In Houston’s historic and trendy Heights neighborhood, old and new garage apartments are common and desired. Many communities don’t allow new ADUs, even if they did in the past. Even in rural areas with ample land, property owners are often prohibited from creating secondary dwellings or continuing to live in preexisting ones. Countless units in single-family homes or yards are technically illegal simply because they date from when such units were not allowed. ADUs began making a comeback in the 1980s as cities explored ways to support smaller and more affordable housing options within single-dwelling neighborhoods. In 2000, in response to a growing demand for ADU- supportive guidelines, AARP and the American Planning Association partnered to release a model state act and local code for ADUs. An updated resource was published by AARP in 2021. (See an image of it on the inside front cover of this guide.) Many state and local governments are legalizing and encouraging the creation of ADUs (see page 8), driven by high housing costs and, in some cases, the belief that homeowners with suitable space shouldn’t be so restricted in the use of their property. n PH O T O : M I M I P A R K , D E S I G N P A R K , I N C . AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 173 of 337 The ABCs of ADUs | AARP 7 “I see our ADU as something very similar to a student loan,” says Mara Owen. “It’s something you invest in the future with. It was cheaper than buying a house for Mom, and it lets her have independence. It’s great knowing we can check in on her whenever.” AH-HA MOMENT: Owen, her partner, Andrew, and their three dogs were sharing a one-bedroom, one-bath house with her mother, Diane. When Owen learned that ADUs were allowed in the city, she decided the best way to get more space for her small home’s many residents would be to remove their “leaky and defunct” garage and build a new two-car garage with an apartment above it. WISE ADVICE : “Get a really great builder and architect,” says Owen. “Interviewing architects was similar to a first date. It’s not just who you feel connected with. That’s important, but get to the values. It’s a niche market, so see if you can find someone who has built ADUs before, because ADUs are a little different.” FUTURE PLANS: The stairs to Diane’s apartment are wide enough for a stair lift, if it’s ever needed. The roof was built at the correct slope for the eventual installation of solar panels. Design: Hive Architecture | Builder: Hive Architecture | Cost to build: $167,000 in 2016 | Photo by Mara Owen | Article adapted from “ADU Case Studies” by Lina Menard on AccessoryDwellings.org. Visit the website to read about and see photographs of more ADU projects. The transformation of this colorful Victorian was both a preservation and expansion project. TEACHING MOMENT: “Here’s a very welcome breath of fresh air, especially in the face of so much gentrification that is going on in Portland!” declared Mark Lakeman, principal of Communitecture, an architectural, planning and design firm, about the pictured remodel. Writing on his company’s website, he says the project provides a lesson in how to “adapt and reuse our precious historic houses so they can accommodate more people while also providing more income to support the existing home.” HOW’D THEY DO IT? To add a basement rental unit, engineers lifted the house. The resulting ADU is roughly four feet underground and four feet above. THE ACHIEVEMENT: Adds Lakeman: “Unlike the seemingly pervasive method of simply tearing down existing buildings so that new, giant ones can be built, this approach achieves upgrades in energy efficient living places and adds density while retaining the continuity of our beloved historical urban environment.” Design: Communitecture | Home Lift: Emmert International Builder: Tom Champion | Cost to build: $125,000 in 2015 | Photos by Communitecture (before) and Chris Nascimento (after) HOME VISIT #2Garage Apartment ADU Denver, Colorado Size: 360 square feet HOME VISIT #3Basement ADU Portland, Oregon Size: 796 square feet p The apartment above the garage can be reached from inside the garage or from an exterior side entrance accessed from the yard it shares with the primary residence. p By lifting the house and digging beneath it, designers, engineers and builders turned a two-story, single-family home into a three-story, multifamily residence. (The ADU’s entrance is pictured on page 3.) AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 174 of 337 8 AARP | The ABCs of ADUs The Time Is Now Rules for ADUs continue to evolve and frequently differ from one town to the next Some communities allow almost any home to be set up with an ADU — so long as size limits, property line setbacks and placement caveats in relation to the primary dwelling are met. Others start with those basic standards and then layer on extra requirements that can make it challenging to create an ADU. (Learn more on pages 14 and 15.) Municipalities nationwide have been relaxing their restrictions against ADUs, and several states now require communities to allow them. Some examples: • New Hampshire and Vermont allow ADUs nearly everywhere single-family housing is permitted. New Hampshire’s 2017 legislation stemmed in large part from the frustration of builders who couldn’t construct the backyard cottages and garage apartments their clients desired. • In 2020, the California legislature declared that “allowing accessory dwelling units in zones that allow single-family and multifamily uses provides additional rental housing, and is an essential component in addressing California’s housing needs.” The state allows up to one ADU and one JADU per lot. (What’s a JADU? See page 14.) • Oregon requires cities and counties of certain sizes to allow ADUs in all single-family areas within urban growth boundaries. In 2021, the state extended ADU rights to rural residential areas. • Other states allowing ADUs include Connecticut, Rhode Island and Utah. Many cities now allow ADUs, including Anchorage, Alaska; Atlanta, Georgia; Annapolis, Maryland; Asheville, North Carolina; Austin, Texas; Denver, Colorado; Honolulu, Hawaii; Houston, Texas; Louisville, Kentucky; Philadelphia, Pennsylvania; Phoenix and Tucson, Arizona; Seattle, Washington; and Washington, D.C.n To Encourage ADUs LOCAL OFFICIALS can … • allow all ADU types (detached, attached, interior) • simplify the building permit process for ADUs • waive or reduce permit and impact fees • establish funding programs to help homeowners create ADUs • let garages be converted into ADUs without requiring replacement off-street parking • allow for the creation of a second ADU, subject to a combined size cap COMMUNITY PLANNERS can … • adopt simple, flexible but nondiscretionary ADU rules about setbacks, square footage and design compatibility with the primary dwelling LENDERS can … • work with homeowners to finance the construction of ADUs by using renovation loans ADVOCATES can … • organize tours of completed ADUs in order to inform and inspire the community • educate homeowners, real estate agents, architects and builders about local zoning regulations and the permit process REAL ESTATE AGENTS can … • educate themselves and their clients about rules for the construction of ADUs LOCAL MEDIA can … • report on how and why homeowners build ADUs PH O T O : S A R A H D A L E F O R A A R P u Located on the lowest floor of a town house, an English basement is a partially belowground apartment that has its own exterior entrance. They are typically found in older cities such as New York or (pictured) Washington, D.C. In the past, property owners used the space as servant quarters. Today, these essentially built-in ADUs are often used as rental apartments. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 175 of 337 The ABCs of ADUs | AARP 9 HOME VISIT #4Internal ADU (Main Level) Portland, Oregon Size: 220 square feet Even small homes can have enough space for an ADU. An underused main floor bedroom in this 1.5-story, 1,500-square-foot bungalow was transformed into a studio apartment. AH-HA MOMENT: According to Joan Grimm, who owns the home with Rita Haberman: “What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn’t have to be complicated.” REAL LIFE: “Creatively carving out an ADU from the main floor of our house saved on design and construction costs,” Grimm adds. “It provides an opportunity for rental income, with no significant compromise to the livability of our home.” p The steps and side entrance lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. (See two interior photos on pages 19 and 20.) HOME VISIT #5Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet “We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process,” Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. “An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can’t handle the stairs any longer.” THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that’s below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: “Think about how you live in your home and how having downstairs neighbors will change what you can and can’t do with your space and what investment you are prepared to make in sound insulation.” AN ADDED BONUS: “We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home.” q The door to the right of the garage leads to a ground-floor ADU with windows along the back and side walls. The upper-level windows are part of the main residence. Design: DMS Architects | Builder: Weitzer Company | Cost to build: $261,000 in 2016 | Photo by Melissa Stanton, AARP Article adapted from the 2017 ADU Tour project profiles on AccessoryDwellings.org Design: Rita Haberman | Builder: RS Wallace Construction Cost to build: $55,000 in 2015 (with some work done by the homeowners) Photos courtesy Billy Ulmer | Article adapted from “ADU Case Studies” by Lina Menard on AccessoryDwellings.org AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 176 of 337 10 AARP | The ABCs of ADUs Bringing Back ADUs The reasons for creating or living in an ADU are as varied as the potential uses ADUs are flexible. Over time, a single ADU might be used in many ways as an owner’s needs and life circumstances change. Following are just a few reasons why ADUs are created and by whom: EMPTY NESTERS can build an ADU and move into it, then rent out the main house for supplemental income or make it available to their adult children. FAMILIES WITH YOUNG CHILDREN can use an ADU as housing for a nanny or au pair or even a grandparent or two, who can then help raise their grandkids and be assisted themselves as they age. INDIVIDUALS IN NEED OF CARE can reside in an ADU to be near family members, or they can use the ADU to house a live-in aide. (In fact, ADUs can be an affordable and more comforting alternative to an assisted-living facility or nursing home.) HOME BUYERS can look forward to the rental income from an ADU to help pay their mortgage or finance home improvements, especially in expensive housing markets. HOME-BASED WORKERS can use an ADU as their office or workshop. HOMEOWNERS can use an ADU for guests or as housing for friends or loved ones who: • aren’t yet financially independent, such as new high school or college graduates • need temporary housing due to an emergency or while renovating their own home • have disabilities but can live independently if family reside nearby n Planning and Paying for ADUs Most new homes are built by developers, entire subdivisions at a time. Apartments are also built by pros. But ADUs are different. Although ADUs are occasionally designed into new residential developments, the vast majority are created by individual homeowners after they move in. In other words, ADUs are usually created by enthusiastic and motivated amateurs. An ADU may present the ultimate chance for a do-it-yourselfer to build his or her small dream home. More often, homeowners bring in a combination of architects, designers and construction contractors to do the work, much as they would for a home addition or major kitchen remodeling. The local municipality’s planning department can provide guidance on the rules for ADUs and information about what permits, utility connections and fees are involved. ADUs aren’t cheap, and they are often the most significant home improvement project a homeowner will undertake. Although internal ADUs can sometimes be built for about $50,000, new detached ADUs often exceed $150,000. Most ADUs are financed through some combination of savings, second mortgages, home equity lines of credit and/or funds from family members (sometimes a relative who ends up living in it). In some areas, the cost of building an ADU can be recouped after a few years of renting it. If that’s the plan, it’s worth estimating the expenses versus the potential income before undertaking an ADU project. A few cities, nonprofits and start-ups are experimenting with creative financing options that could put ADUs within reach for more homeowners and their families, as well as prospective renters. p The zoning code in Evanston, Illinois, permits accessory dwelling units, creating an opportunity for the owners of this 1911 home with an outbuilding in the backyard. PH O T O : E L I S P E V A K , O R A N G E S P L O T L L C AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 177 of 337 W/D DW SCREEN PORCH BEDROOM BATHROOM LIVINGLIBRARY NICHE KITCHEN/ DINING PRIVACY WALL - DISCUSS W/ OWNER DN DN DN DN SHOWER HEAD ABOVE 4' - 3 1 / 2 " SHOWER CONTROLS SD-3.2 4 SD-3.2 1 SD-3.25 OPTIONAL EXTERIOR STORAGE - DISCUSS W/ OWNER LINE OF ROOF ABOVE - EXTENDED OVERHANG FOR COVERED DRIVER SIDE EXISTING WALL 30" SINK AND BASE CABINET - CONFIRM WITH OWNER 13 ' - 1 1 " 14' - 8 1/4"FAUX WINDOW W/ LOUVER INFILL SHUTTER 7' - 5 1 / 2 " 14 ' - 3 " HINGED BUILT-IN TO REVEAL W/D BEYOND SD-3.1 1 SD-3.12 SD-3.1 3 UNDERCOUNTER FRIDGE OFFICE/ GAMEROOMPOWDER ROOM DN NEW STAIR RELOCATED DESK COVERED WALKWAY BELOW READING NOOK STORAGE ACCESS SINK RELOCATED CARD TABLE BOOK SHELF POTENTIAL WINDOW - DISCUSS W/ OWNER 19' - 10 1/4" 15 ' - 1 0 " STORAGE ACCESS SHADED AREA INDICATES ROOF STRUCTURE CUT @ 3'-0" ABOVE FF BOOK SHELF 1359 La France St, Unit A Atlanta, GA 30307 tel 404/653/0553 fax 404/653/0025 711 PONCE de LEON AVENUE 8/29/2013 SD-2.1 SD-2.1 2 1/8" = 1'-0"SD-2.1 1 SECOND FLOOR PLAN - GARAGE ADDITION The ABCs of ADUs | AARP 11 When Walt Drake decided to downsize, his son Scott purchased his dad’s house for himself and his family and built a detached ADU (or DADU) for Walt. “From not finding what we wanted for Dad, we decided to create it,” says Scott. “Neighborhoods built in the 1920s have carriage houses. Building an ADU was a modern day version of something people have been doing on their property in this area for a hundred years.” NEAR AND FAR: “We wanted the houses to be separate and to feel like we’re each on our own property, but we’re there for each other,” says Scott. AGING-FRIENDLY: Building the ADU meant Walt didn’t have to leave his home and neighborhood. “He was able to keep his own stuff and turn over what he didn’t need to us,” says Scott. “It kept my dad in place, which I think was important.” FUTURE PLANS: Scott says the ADU is “serving its intended purpose” but that someday down the road it could be used as a long- or short-term rental. “The ADU could turn into lots of different things over the course of its lifetime.” p Walt Drake’s southern-style, one-bedroom ADU has an outdoor, wraparound porch that can be accessed without using steps. The design is in keeping with other buildings in the neighborhood.HOME VISIT #6Detached ADU (One-Story) Decatur, Georgia Size: 800 square feet Design: Adam Wall, Kronberg Wall | Builder: Rob Morrell | Cost to build: $350,000 in 2014 | Photo by Fredrik Brauer | Floor plan by Kronberg Wall Architects | Article adapted from “ADU Case Studies” by Lina Menard on AccessoryDwellings.org AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 178 of 337 12 AARP | The ABCs of ADUs ADUs Are Age-Friendly Housing New-construction ADUs can be created with “universal design” features p There’s a powder room, open kitchen and living room on the first floor, with a bedroom and bathroom upstairs. t Although Brom’s property is only 0.13 acres, it’s large enough to accommodate two homes, a patio, a lawn and a garage. A slatted wood fence with a gate divides the space between the two houses and provides privacy. Design: Chrystine Kim, NEST Architecture & Design | Builder: Ian Jones, Treebird Construction | Photo by Alex Hayden Cost to build: $250,000 in 2014 | Article adapted from Where We Live: Communities for All Ages (AARP 2018) HOME VISIT #7Detached ADU (Two-Story) Seattle, Washington Size: 800 square feet Evelyn Brom’s plan was to build a backyard cottage and rent it out. She would keep living in her two- bedroom home. AH-HA MOMENT: As the design developed, Brom realized that she wanted to live in the stunning wood-and-glass ADU. It was a good decision. A week before moving in, Brom was laid off from her job. REAL LIFE: The $3,000 a month Brom receives in rent for the main house (which is occupied by a three-generation family) provides a needed income. “Being laid off has made this arrangement a lifesaver,” Brom says. If the stairs in the cottage ever become too hard to navigate, she can move back into her original one-story house and rent out the cottage instead. “Now I have options,” she says. An “age-friendly” home has a zero-step entrance and includes doorways, hallways and bathrooms that are accessible for people with mobility differences. Converted garages (such as the one pictured on page 2) are among the easiest and least expensive ADU solutions for aging in place since they’re preexisting structures and generally have no-step entries. To learn more about making a home aging-friendly, download or order the AARP HomeFit Guide at AARP.org/HomeFit. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 179 of 337 The ABCs of ADUs | AARP 13 Bertha and her son John talked about someday buying a house with a mother-in-law suite. “Then one day someone came along and wanted my house, so I up and sold it,” she explains. “But that left me homeless. I asked John if I could build a small house in his backyard and he agreed.” CREATIVE THINKING: A detached bedroom is a permanent, accessory structure that, unlike ADUs, lacks a kitchen. But that’s what makes these cabin-like homes more affordable to build than many ADUs and even tiny houses. WHAT’S INSIDE: Bertha’s home contains a sleeping and living area and a full bathroom. “I paid for the little house and it’s on my son’s property. So I figured, if I’m cooking I can do it at my son’s house,” she says. (Her laundry is also done at his house.) p A detached bedroom, which contains a bathroom but no kitchen, can provide housing for a loved one or serve as a home office or guest cottage. HOME VISIT #8Detached Bedroom St. Petersburg, Florida Size: 240 square feet Trading Spaces An ADU is always the smaller of two dwellings on a property, but it’s possible for an existing home to become the ADU when a larger house is built and becomes the primary dwelling. Or the opposite can happen! Tired of living in an older house that didn’t get a lot of natural light, the home’s owners built and moved into the bright, airy, modern and very accessible ADU they created in their yard. The original, larger home has become a rental. p Although this ADU has only 721 square feet of living space, there is room enough for two bedrooms. REAL LIFE: “Having access to my son’s house makes it livable. Otherwise, I personally would not be happy. It’s very comforting to know that John is close by. Hopefully this will be my home forever.” Design: Historic Sheds | Builder: Historic Sheds | Cost to Build: $50,000 in 2017 | Photo by Historic Sheds | Article adapted from “ADU Case Studies” by Lina Menard on AccessoryDwellings.org Design: Propel Studio | Builder: JLTB Construction | Photo by Josh Partee | Cost to build: $185,000 in 2017 Adapted from “ADU Case Studies” by Lina Menard on AccessoryDwellings.org AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 180 of 337 14 AARP | The ABCs of ADUs Practical Solutions for ADUs Local laws can both allow and appropriately control the creation of accessory dwellings There are more than 19,000 cities, 16,000 towns and 3,000 counties in the United States. ADU regulations are typically adopted at the local level, although several state legislatures have required cities to allow them. Where it’s legal to build ADUs, homeowners still need to follow rules about where it can be done, how many square feet they can contain, how they can be used. These rules can be found in the local zoning code. There is a balance to strike between prudent ADU laws and encouraging their construction. For instance, after Portland, Oregon, relaxed its ADU rules in 2010 and waived impact fees (a savings of up to $12,000), the number of ADUs built rose from about 30 per year between 2000 and 2009 to nearly one a day in 2015. Changes in California’s ADU rules saw Los Angeles go from 80 applications in 2016 to nearly 2,000 in 2017. Allowing Sonoma County homeowners to add both an ADU and a JADU (see the green box below) were among the policies adopted in the wake of the area’s many devastating fires. Well-intentioned but burdensome rules can stymie the creation of ADUs. ADU-related zoning codes should be restrictive enough to prevent undesirable development but flexible enough that ADUs get built. When a community is worried about a potentially undesirable outcome, it can — and many do — craft regulations to prevent particular building types, locations or uses. A city concerned about the environmental impact of new structures might prohibit placing detached ADUs in precarious locations, such as on steeply sloping lots. Communities wary of ADUs becoming, for instance, off-campus student housing can establish occupancy rules. Every community has its own priorities and concerns, and there’s a wide enough range of regulatory controls that communities can write appropriate ADU rules. This inherent flexibility in the form and function of ADUs allows them to pass political muster and get adopted in a wide range of places. (See page 16 for more about uses and rules.) n Rules that discourage ADUs • ADU-specific regulations that don’t also apply to primary dwellings (e.g., owner-occupancy requirements) • complex design compatibility criteria and approval steps • off-street parking requirements beyond those required for the primary dwelling • restrictions that limit ADUs to certain areas, particular zoning categories or to large lots • caps on square footage relative to the primary house that make it easy to add an ADU to a large home but hard or impossible to add one to a small home Are ADUs allowed? Find out by calling your town, city or county office in charge of land use and permits — or stop by in person. You can also search for and read the zoning code through the local government’s website. • If ADUs are allowed, ask what conditions, permit needs and impact fees apply. • If ADUs are not allowed and you want them to be, ask an elected official or your community’s department of zoning and planning how the codes can be updated. • Then get organized and start advocating! JUNIOR ACCESSORY DWELLING UNITS (or JADUs) are smaller than 500 square feet and have a separate entrance but are created within the existing dwelling. A JADU can share a bathroom with the main house and contain a basic kitchen equipped with small plug-in appliances. SO U R C E : J A D U D E S C R I P T I O N I S B A S E D O N C A L I F O R N I A G O V E R N M E N T C O D E S E C T I O N § 6 5 8 5 2 . 2 2 . AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 181 of 337 The ABCs of ADUs | AARP 15 1. A Definition: A good zoning code clearly defines its terminology. Here, for example, is a useful outline for what, in the real world, is a very fluid term: “An ADU is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heat, cooking and sanitation.” 2. The Purpose: This is where the code describes key reasons a community allows ADUs. They should: • increase the number of housing units while respecting the style and scale of the residential neighborhood • bolster the efficient use of existing housing stock and infrastructure • provide housing that’s affordable and responds to the needs of smaller, changing households • serve as accessible housing for older adults and people with disabilities 3. Eligibility: Who can build an ADU and on what type of lot? A statement in this part of the code clarifies that an ADU can be placed only on a “residentially zoned lot.” (Some communities provide lot size standards.) 4. Creation: The code sets out how an ADU can be built. For instance: “An ADU may be created through new construction, the conversion of an existing structure, as an addition to an existing structure or as a conversion of a qualifying existing house during the construction of a new primary dwelling on the site.” 5. Quantity: Most municipalities that permit ADUs allow one per lot. Those allowing two typically permit one internal and one external. Some allow duplexes or townhomes to have an ADU, either in the backyard or on the ground floor. 6. Occupancy and Use: A code should state that the use-and-safety standards for ADUs match those used for the main dwelling on the property. (See page 17 for more.) 7. Design Standards: • Size and height: A zoning code might specify exactly how large and tall an ADU is allowed to be. For instance: “An ADU may not exceed 1,000 square feet or the size of the primary dwelling, whichever is smaller.” Codes often limit detached ADUs to 1.5 or 2 stories in height. An example of that language: “The maximum height allowed for a detached ADU is the lesser of 25 feet at the peak of the roof or the height of the primary dwelling.” • Parking: Most zoning codes address the amount and placement of parking. Some don’t require additional parking for ADUs, some do, and others find a middle ground — e.g., allowing tandem parking in the driveway and/or on-street parking. (See page 16 for more about parking.) • Appearance: Standards can specify how an ADU’s roof shape, siding type and other features need to match the primary dwelling or neighborhood norms. Some codes exempt one-story and internal ADUs from such requirements. (See page 16 for more.) 8. Additional Design Standards for Detached ADUs: • Building setbacks: Many communities require detached ADUs to either be located behind the primary dwelling or far enough from the street to be discreet. (A code might exempt preexisting detached units that don’t meet that standard.) Although such a rule can work well for neighborhoods of large properties with large rear yards, communities with smaller lot sizes may need to employ a more flexible setback-and-placement standard. • Building coverage: A code will likely cap the combined lot coverage of a detached ADU and the primary dwelling to a specific percentage. • Yard setbacks: Most communities have rules about minimum distances to property lines and between buildings on the same lot. ADUs are typically required to follow the same rules. n Creating (or Understanding) an ADU Zoning Code The ADU section of a community’s zoning code needn’t be overly complicated. It just needs to establish clear, objective and fair rules for the following: Visit AARP.org/ADU to download Accessory Dwelling Units: Model State Act and Local Ordinance, a free publication that can be used by state and local officials to develop ADU policies. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 182 of 337 16 AARP | The ABCs of ADUs ADU “Hot Topics” As communities allow ADUs or update existing zoning codes and rules to be more ADU-friendly, they inevitably wrestle with some or all of the following issues: Adding ADUs to neighborhoods Recognizing that ADUs may represent a new housing type for existing neighborhoods, communities often write special rules to ensure they’ll fit in well. These guidelines typically address visual compatibility with the primary dwelling, appearance from the street (if the ADU can be seen) and privacy for neighbors. Rules that help achieve these goals include: • height and size caps mandating that ADUs be shorter and smaller than the primary dwelling • requirements that detached ADUs be behind the main house or a minimum distance from the street • mandates that the design and location of detached ADUs be managed the same way as other detached structures (e.g., garages) on the lot • design standards for larger or two-story ADUs so they architecturally match the primary dwelling or reflect and complement neighborhood aesthetics • encouragement for the creation of internal ADUs, which are often unnoticeable from the street Each community can strike its own unique balance between strict rules to ensure that ADUs have a minimal impact on neighborhoods and more flexible rules that make them easier to build. Providing places to park ADU regulations often include off-street-parking minimums on top of what’s already required for the primary dwelling. Such rules can prevent homeowners from building ADUs if there’s insufficient space for added parking. However, the extra parking often isn’t needed. Studies of Portland, Oregon, and the San Francisco Bay area found that ADU households own an average of 0.9 cars. That’s half the national average of 1.8 cars per household. With just over 2 percent of Portland homes having an ADU (the highest percentage of any large city in the country), there’s roughly one extra car parked on the street every six blocks. This suggests that, even in booming ADU cities, any impact on street parking from ADUs is likely to be very small and dispersed. More-realistic parking rules might: • require the creation of new parking only if the ADU displaces the primary dwelling’s existing parking • waive off-street-parking requirements at locations within walking distance of transit • allow parking requirements for the house and ADU to be met by using a combination of off-street parking, curb parking and tandem (one car in front of the other) parking in a driveway Dealing with unpermitted ADUs It’s not uncommon for homeowners to convert a portion of their residence into an ADU in violation (knowingly or not) of zoning laws or without permits. Such illegal ADUs are common in cities with tight housing markets and a history of ADU bans. One example is New York City, which gained 114,000 apartments between 1990 and 2000 that aren’t reflected in certificates of occupancy or by safety inspections. Sadly, in 2021, several city residents living in unsafe basement apartments drowned in their homes due to flooding caused by Hurricane Ida. Some cities have found that legalizing ADUs, simplifying ADU rules and/or waiving fees can be effective at getting the owners of illegal housing units to “go legit” — and address safety problems in the process. n PH O T O S : M E L I S S A S T A N T O N , A A R P p Providence, Rhode Island, has many homes that were built as or long-ago converted into multidwelling units. (Notice the two front doors.) A homeowner can live in one apartment while renting out the other. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 183 of 337 Allowing and Restricting Uses Communities get to decide whether to let ADUs be used just like any other housing type or to create special rules for them. Some municipalities prefer the simple approach: regulating ADUs like other homes. So if a home-based child-care service is allowed to operate in the primary dwelling, it is also allowed in an ADU. Conversely, communities sometimes adopt ADU-specific regulations in order to avoid undesirable impacts on neighbors. Examples of those regulations include: Limiting short-term rentals ADUs tend to work well as short- term rentals. They’re small and the owner usually lives on-site, making it convenient to serve as host. However, if ADUs primarily serve as short-term rentals, such as for Airbnb and similar services, it undermines the objective of adding small homes to the local housing supply and creating housing that’s affordable. In popular markets, short-term rentals can be more profitable than long-term ones, allowing homeowners to recoup their ADU expenses more quickly. In addition, short-term rentals can provide owners with enough income that they can afford to occasionally use the ADU for friends and family. A survey of ADU owners in three Pacific Northwest cities with mature ADU and short-term rental markets found that 60 percent of ADUs are used for long-term housing as compared with 12 percent for short-term rentals. Respondents shared that they “greatly value the ability to use an ADU flexibly.” For instance, an ADU can be rented nightly to tourists, then someday rented to a long-term tenant, then used to house an aging parent. ADUs intended primarily for visting family are sometimes used as short-term rentals between visits. Cities concerned about short-term rentals can regulate them across all housing types. Doing so might mean that special rules are not needed. An approach employed in Portland, Oregon, is to treat ADUs the same as other residences except that any financial incentives (such as fee waivers) to create them are available only if the property owner agrees not to use the ADU as a short-term rental for at least 10 years. Requiring owner occupancy Some jurisdictions require the property owner to live on-site, either in the primary house or its ADU. This is a common way of addressing concerns that absentee landlords and their tenants will allow homes and ADUs to fall into disrepair and negatively impact the neighborhood. Owner-occupancy rules are usually implemented through a deed restriction and/or by requiring that an annual statement confirming residency be filed. Some cities go further, saying ADUs can be occupied only by family members, child- or adult-care providers, or other employees in service of the family. Owner-occupancy requirements make the financing of ADUs more difficult, just as they would if applied to single-family homes. But as ADUs have become more common, owner-occupancy restrictions have become less so, which is good. Such requirements limit the appraised value of properties with ADUs and reduce options for lenders should they need to foreclose. Enforcing owner-occupancy laws can be tricky, and the rules have been challenged in courts, sometimes successfully. However, according to a study by the Oregon Department of Environmental Quality, more than two-thirds of properties with ADUs are owner- occupied even without an owner- occupancy mandate. n t The zoning code of Brevard, North Carolina, a city of fewer than 10,000 residents, allows ADUs, which are referred to as “secondary dwelling units” and are allowed “within residentially-zoned, single-family and duplex lots.” The code states that such homes “shall be encouraged and designed to meet housing needs,” adding that “[s]econdary dwelling units shall be accessory and subordinate to the primary living quarters.” In the image at left, the one-story cottage is the primary dwelling. The apartment above the detached garage is the secondary dwelling. The ABCs of ADUs | AARP 17 AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 184 of 337 18 AARP | The ABCs of ADUs Inside Spaces ADUs vary from studio apartment–like spaces to multi-bedroom, multi-story structures. Regardless of size, the result is a needed residence p A top floor ADU can be a suitable rental for a student or someone who travels a lot for work. ADU expert Kol Peterson grew up in a home with an attic ADU that was usually rented to law school students. “They had to walk up the primary house’s interior stairs in order to access the affordable attic unit,” he writes in Backdoor Revolution: The Definitive Guide to ADU Development. “Over the years that each of them lived there, the tenants became part of our family.” p The alcoves in the ADU area above a garage provide a light-filled work space in one, and a reading nook in the other. (See the attached ADU’s exterior on page 3.) p This studio apartment internal ADU uses a wardrobe cabinet to separate the bedroom from the living area and kitchen (seen on page 19). PH O T O S : K O I P E T E R S O N , BU I L D I N G A N A D U . C O M ( T O P ) | M E L I S S A S T A N T O N ( B O T T O M L E F T ) | B I L L Y U L M E R ( B O T T O M R I G H T ) AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 185 of 337 The ABCs of ADUs | AARP 19 p The kitchen of this internal ADU (also seen at the top of page 9 and in the bedroom image at left) has a full-sized range but a mini-refrigerator. Some ADU owners install a one- or two-burner electric cooktop and a convection microwave in lieu of an oven.PH O T O S : E L I S P E V A K , O R A N G E S P L O T , L L C ( T O P A N D B O T T O M R I G H T ) | B I L L Y U L M E R ( B O T T O M L E F T ) p As an independent living space, an ADU has its own bathroom and kitchen. Depending on the available square footage — and sometimes on the local zoning code or the property’s plumbing and utility connections — an ADU might have a full kitchen with full-sized appliances and a dining area (top) or a smaller but functional kitchenette. This interior is from the detached ADU pictured below right and on the back cover. Fun fact: A coat closet and extra kitchen shelving are built into the base of the circular staircase. In a small home, every bit of space counts! p The second story of this detached ADU is accessed by the spiral staircase shown in the image at top. The space features a bedroom and a sitting area that could be used as a nursery, office or den. A full-sized, stacked washer-dryer is hidden behind a closet door. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 186 of 337 20 AARP | The ABCs of ADUs Top: Design and Builder: Lina Menard, Niche Consulting | Photos by Guillaume Dutilh, PhotoXplorer Bottom: Design and Builder: Benn Kovco | Photos by Jeff Freeman Photography Because tiny houses are typically built on a trailer with wheels rather than a fixed foundation, they are usually treated by zoning as recreational vehicles (RVs) or manufactured (aka mobile) homes. In Portland, Oregon, and a growing number of smaller cities, tiny houses can be legally occupied on any residentially-zoned lot. Since they’re small — typically under 400 square feet — tiny houses can fit in a space too small for an ADU. Many include a kitchen and bathroom. Some function more like a detached bedroom. A unique plus: Unlike ADUs, tiny houses can move to a new location as needed. t p “The Lucky Penny” tiny house measures 8 feet wide by 14 feet, 6 inches long and provides 100 square feet of living space. The home, which is located in the backyard of a single-family residence, features a pullout bed, a kitchenette, a shower, built-in storage, and three large windows plus a skylight to provide lots of nature light. tq ADUs are sometimes used as short-term rental units for travelers. The “Kangablue,” is one of several units at Caravan, the “world’s first tiny house hotel.” At 170 square feet, the home is the largest tiny house on the lot, located in the Cully neighborhood of Portland, Oregon. The tiny space includes a kitchen, living area, bathroom (with a shower and toilet) and a sleep loft. Just One More While not technically ADUs, tiny houses can serve a similar purpose AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 187 of 337 The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages WRITTEN AND EDITED BY: Eli Spevak, Orange Splot LLC | Melissa Stanton, AARP Livable Communities ART DIRECTOR: Mimi Park, Design Park, Inc. COPY EDITOR: Don Armstrong | ART PRODUCTION: Steve Walkowiak PROJECT ADVISERS AND REVIEWERS: Danielle Arigoni, Director, Livable Communities, AARP Government Affairs Karen Chapple, Professor, University of California, Berkeley Lina Menard, Founder, Niche Consulting Heather Peters, Senior Housing and Community Development Policy Analyst, San Mateo County, California Kol Peterson, Cofounder, AccessoryDwellings.org | Owner, Accessory Dwelling Strategies LLC, Portland, Oregon Denise Pinkston, Partner, TMG Partners Harriet Tregoning, (Past) Principal Deputy Assistant Secretary, U.S. Housing and Urban Development Jake Wegmann, Assistant Professor, University of Texas at Austin COVER IMAGE CREDITS (clockwise from top left) Front: Alex Hayden | Communitecture: Architecture, Planning, Design | AccessoryDwellings.org | Melissa Stanton, AARP | AccessoryDwellings.org Back: Kol Peterson, BuildingAnADU.com | Eli Spevak, Orange Splot LLC | Schuyler Smith, Polyphon Architecture & Design, LLC A NOTE TO READERS: Many of the photographs and project examples in this publication are from Portland, Oregon, which was one of the first municipalities in the nation to allow and encourage the creation of accessory dwelling units. To learn more about ADUs — and to order or download this guide — visit AARP.org/Livable. Other useful resources include: • AccessoryDwellings.org • BuildingAnADU.com • Planning.org (the website of the American Planning Association) • And the websites of the states, cities and towns mentioned in this guide as allowing and encouraging the creation of accessory dwelling units. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 188 of 337 • An accessory dwelling unit is a small residence that shares a single-family lot with a larger primary dwelling. • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. (Garage apartments and backyard cottages are each a type of ADU.) • ADUs can enable homeowners to provide needed housing for their parents, adult children, grandchildren or other loved ones. • An ADU can provide older adults a way to downsize on their own property while a tenant or family member resides in the larger house. • Since homeowners can legally rent out an ADU house or apartment, ADUs are an often-essential income source. • ADUs help to improve housing affordability and diversify a community’s housing stock without changing the physical character of a neighborhood. • ADUs are a beneficial — and needed — housing option for people of all ages. Learn more about ADUs and order or download The ABCs of ADUs by visiting AARP.org/ADU __________________ Sign up for the free, weekly AARP Livable Communities e-Newsletter Be among the first to learn when AARP releases more livability guides and resources. AARP.org/LivableSubscribe D20473 DETACHED ADUDETACHED-BEDROOM ADU ABOVE-GARAGE ADU AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 189 of 337 A k DU’s and Don’ts A Practical Approach to Bringing Additional Dwelling Units to Alaska Communities AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 190 of 337 AKDU’S AND DON’TS | 1 This publication was authored by Abigail Barton, a member of the Alaska Fellows Program, and Alicia Hughes-Skandijs. It was made possible through generous support provided by the AARP Community Challenge Grant. The AARP Community Challenge Grant is part of a nationwide livable communities initiative to help communities become great places to live for residents of all ages. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 191 of 337 AKDU’S AND DON’TS | 1 1.0 Introduction 1.1 Overview of Housing Crisis in Alaska Alaska communities face an extreme shortage of affordable, decent housing. Almost eighty thousand Alaska households are considered cost burdened, meaning that they pay more than a third of their income toward their housing costs. Of Alaska’s renter population 37% are cost burdened, with 18% severely cost burdened, meaning they pay more than half of their income towards housing. The statewide rate of overcrowding is twice the national average, with some regions experiencing rates twelve times greater. Rural communities where the population majority is Alaska Native are hit the hardest. In some areas, as many as half of all households live in homes that are too small for the number of occupants. Excessively high construction costs and limited senior housing result in households taking in family and community members who would otherwise be homeless. In 2018, the Alaska Housing Finance Corporation estimated that new construction would have to increase 11% each year to meet projected population growth by 2025. At that time, they found that to achieve that goal, the annual construction output would have to increase ninety percent over the previous five-year average. Since that time, the number of new units built in Alaska dropped precipitously during the pandemic and has yet to return to 2019 levels. Source: Alaska Department of Labor and Workforce Development, Research and Analysis Section and the Alaska Housing Finance Corporation. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 192 of 337 AKDU’S AND DON’TS | 32 | AK DU’S AND DON’TS 1.2 Overview of Senior Demographics in Alaska The population of Alaska is rapidly aging. Currently, Alaskans aged 60 and older make up about one in five residents statewide. Aging individuals are most concen- trated in Southeast Alaska, where the rate is one in four. The population of people 65 and older is expected to double by 2030. In the previous decade, the population of Alaskans aged 70 and older increased 97 percent. Data collection conducted in Anchorage, Fairbanks, Juneau, Kenai Peninsula, and Copper Center through the Alaska Senior Needs Assessment found that all regions reported a shortage of affordable independent senior housing. A survey of over 2,000 senior citizens across these communities found that accessible and affordable housing was the third most pressing issue in their lives, closely behind financial security and healthcare. 1.3 Accessory Dwelling Units: A Creative Solution The pressing issue of affordable, accessible housing in Alaska requires immediate attention. Accessory Dwelling Units, or “ADUs,” can provide a cost-effective means for quickly increasing the affordable housing stock. Also known as “granny flats,” “mother-in-law apartments,” and backyard cottages, ADUs are small residences that are attached to an existing single-family home or built as a free-standing unit on the same lot as an existing home. Though usually no larger than one or two bedrooms and typically much smaller than the primary residence, ADUs are entirely independent dwellings, equipped with their own kitchens, bathrooms, and other amenities necessary for full-time occupancy. ADUs allow communities to take advantage of existing infrastructure and add affordable homes in existing neighborhoods. Source: Alaska Department of Labor and Workforce Development, Research and Analysis Section Source: AARP’s “Accessory Dwelling Unit Model State Act and Local Ordinance.” Examples of Different ADU Configurations. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 193 of 337 AKDU’S AND DON’TS | 3 1.4 Unique Benefits ADUs certainly do not replace the large-scale invest- ment and development necessary to meaningfully alleviate the affordable housing crisis in Alaska, but in addition to contributing to that effort, ADUs have the ability to provide unique benefits to communities. As Alaska’s population rapidly ages, adult children of aging parents and older homeowners face limited affordable, close, and independent living options. Adding an ADU to the property of a family member or to that of an older homeowner can allow aging individ- uals to maintain their independence and remain within their community. An ADU can act as caregiver housing or allow an elderly person to move closer to family. For aging homeowners concerned primarily with financial security, ADUs can be used to generate income to cover property taxes and maintenance during retirement. Though a meaningful intervention for senior Alaskans looking to avoid residential facilities, ADUs built for this reason can also go on to serve multiple purposes. ADUs built specifically for senior occupancy can be accessi- bly constructed to specifically meet new age-related mobility needs. While affordable housing is scarce, affordable housing that is also accessible is almost nonexistent in many communities. ADUs can make a dramatic impact on the accessibility of a region’s affordable rental stock, dramatically increasing the inclusivity of a community. Additionally, an investment in an ADU for an aging relative can later be used to house young adult family members. By facilitating multi-generational living, ADUs can help keep families and communities together. Where commercial developers may have a wide range of financial and logistical considerations when deciding whether or not to go forward with a new development, the potential gains to a private home- owner in a community may increase the likelihood of adding a new housing unit. For that reason alone it is worth considering from the municipal perspective whether this could be a tool to add to your bucket in efforts to increase housing. Former Alaska State Representative Alyce Hanley standing before the basement apartment she added to her Home, allowing her to live with her children while retaining her own living space. Source: KTOO – Anchorage Daily News “Alaska cities, facing housing crunch, encourage backyard cottages and apartment additions” (2018). 31-year-old Sitka resident Adrienne Wilber standing before her partially constructed ADU built on the corner of her parent’s lot Source: KCAW “ADUs Could Make Sitka’s Housing More Affordable. Advo- cates Want to Make them Easier to Build” (2021) AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 194 of 337 AKDU’S AND DON’TS | 54 | AK DU’S AND DON’TS 2.0 Snapshot of Alaska Communities with Existing ADU Ordinances Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Design Additional Details/ Links City and Borough of Juneau Structure: Lots up to 125% of the required minimum: max area 600 ft2. Lots larger than 125%: can be up to 50% of the net floor area of the primary dwelling but cannot exceed 1000 ft2. Lot: Lot must meet the minimum lot size require- ment for the zoning district. + 1 required If the homeown- er funds their ADU construction with a grant from Juneau’s Accesso- ry Dwelling Unit Grant Program, they must record a deed restriction agreeing not to use the ADU as a short-term rental for the first five years. Applicants building on lots that exceed the minimum lot size re- quirements for their zoning district and are connected to city sewer services are subject to ministerial approval. Those not connected to the sewer will need to include verification from the Dept. of Environmental. Conservation that their wastewater disposal system can handle the additional use from the ADU. Conditional use permits are required for all ADUs built on a sub-standard sized lot. None.Accessory Dwelling Unit Grant Program: Created a dedicated grant program providing up to $13,500 for ADU construction to 16 homeowners annually. City and Borough of Sitka Structure: Max. 800 ft2 Lot: Lots must be served by a publicly maintained right of way. Cannot be con- structed on lots accessed through easements. Parking plan required but can rededi- cate existing primary dwelling unit spaces. Long term rentals (90+ days) only. Two zones are eligible for “by right” permitting if all regulations are met, three additional zones are automatically subjected to conditional evaluation as well as all applications that do not meet regulations. Conditional permitting process: applications must be filed at least 3 weeks in advance of the Planning Commission meeting where they are subject to a public hearing. Applicants are required to attend and answer questions. Decisions are typically made at the first meeting. Requires that ADUs be designed so that the structure maintains “to the greatest extent possible” the appearance of a single- family property. [22.20.160 (c) (8)] 22.20.160 Accessory dwell- ing units (ADUs). Kodiak Island Borough Structure: 575-725 ft2 (de- pendent on zoning district) Lot: No lot size restrictions specified. 5 for <600 ft2; +6 for >600 ft2 No short-term uses such as bed and breakfasts. Owner required to occupy either ADU or principal dwelling. Permitted use for attached ADUs in five residential districts zoned for single-family, two-family, rural, and conservation. Conditional use for detached ADUs in single-family residential districts and certain ru- ral residential districts. Additional rural residential district requires conditional permitting for both detached and attached ADUs. None. 17.160.070 - Accessory dwelling units. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 195 of 337 AKDU’S AND DON’TS | 5 Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Design Additional Details/ Links Petersburg Borough Structure: 800 ft2 or 40- 80% of the principal dwell- ing’s area depending on the size of the lot. Height shall not exceed the height of the principal dwelling (no exceptions) Lot: Addition of ADU cannot exceed maximum lot coverage, which for most residential properties is 35%. None.None.Attached ADUs are permitted by right. The borough’s website requests that homeowners inter- ested in constructing a detached ADU contact the borough building official for more information. Neither the code nor the website specifies if a permit is explicitly required. ADU must be constructed with the same/ similar materials as the principal dwelling. Detached Accessory Dwell- ing Unit Standards City of Palmer Structure: Min 300 ft2; Max 900 ft2. Can’t be larger than 40% of main property and can’t have more than 2 bd. Max height 25 ft. Lot: One ADU permitted per +10K ft2 lot zoned residential or agriculture. Attached ADUs may be added to single-family dwellings if they are the sole principal dwelling on the lot. Detached ADUs only allowed on lots +20K ft2 No lot size restrictions for central business district. Studio/1 bd ADU require +1 spaces; 2 bd requires +2 spaces. Owner must occupy either the principal or accessory dwelling for at least 6 months each year. All applications are reviewed by the zoning administrator within 30 calendar days. Applications require a $100 non-refundable fee and a notarized affidavit stating the owner will occupy either the principal or accessory dwelling and that the ADU is compliant with all requirements. Detached ADUs are required to be placed in the rear of the lot at least 10 feet behind the front plain of the primary dwelling, but appli- cants can ask the planning and zoning commission for a waiver if it negatively impacts a neighbor’s view. Applicants are encouraged to gather testimony from impacted neighbors. [17.86.040] Attached ADUs must main- tain style and exterior finishes consistent with the existing structure. Exte- rior finishes for detached ADUs must comply with local indus- try standards for residential ex- terior cladding. Exteriors must be compliant within 8 months from start of construction. The zoning administrator is required to furnish the planning and zoning commission with an annual ADU report. The commission is required to reassess their ordinance if records indicate that 20% of single-family structures within the city have ADUs. [17.86.110] Chapter 17.86ACCESSORY DWELLING UNITS City of Soldotna Structure: Max. 750 ft2 (total lot coverage cannot exceed limit for single structure) Lot: Must meet minimum lot size requirements for the zoning district +1 required.Short term rentals allowed if principal residence is owner-occupied All interested applicants must sub- mit a site plan and obtain a zoning permit and a building permit. ADUs are permitted within the Single-Family, Single-Family/ Two-Family, Rural Residential, and Multi-Family residential zoning districts. None.17.10.390 - Accessory dwelling units. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 196 of 337 AKDU’S AND DON’TS | 76 | AK DU’S AND DON’TS Residential zoning regulations in both the City of Homer and the Matanuska-Susitna Borough specify that accessory dwelling units are “by-right” permit- ted uses in most single-family and some commercial districts. The Matanuska-Susitna Borough allows two attached or detached accessory dwelling units not exceeding 50% of the total floor area of the primary residence in single-family residential districts, but they can only be used for “guests, family members, or persons provid- ing domestic or health services to the residents of the principal structure.” (Listed under Matanuska-Susita Borough Code in section 17.75.060(B)(5)). In 2011, Homer’s city council passed an ordinance making accessory dwelling units a permitted accessory building to a single-family dwelling in two Residential Districts and the Central Business District. The ordi- nance stated that the change to municipal code was intended to “increase the supply and diversity of Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Design Additional Details/ Links Municipality of Anchorage Structure: Max. size is the larger of either 900 ft2 or 40% of the primary dwelling up to 1200 ft2 . Max. height of a detached ADU is 25 ft. If ADU is built over a garage, height max. extended to 30 ft. No limit on the number of bedrooms. Lot: ADUs allowed in all residential and commercial zones whether there is another dwelling. Also allowed on all kinds of housing, including large, multi-family buildings. Setbacks restrictions are the same as those imposed on the principal structure with exceptions for ADUs taller than 15 ft. ADU doors may face the street. None.Owner occupancy is not required. Acessory dwelling units are a per- mitted use in all zoning districts. Applicants must obtain a building or land use permit from the Devel- opment Services Department and submit all required documents to the Building Safety Department at 4700 Elmore Road. Applicable per- mit fees vary. For projects under $40k, the permitting fee is $175 per inspection used. Additional fees for residential plan review, building safety review, and land use plan review add an additional $75+ each. Formerly required a purpose statement on appearance and character, but it was removed in a massive overhaul of the ADU code in 2023. The Anchorage Assembly recently passed massive reforms to their ADU ordi- nance to eliminate barriers and encourage develop- ment. Removing owner occupancy requirements (previously homeowners had to live on the property at least 6 months out of the year) opened an additional 10,500 single family rental homes to ADU develop- ment. By allowing ADUs on multifamily homes, an estimated 8,000 properties became newly eligible for a bonus dwelling. You can find more information about these changes at the Municipality of Anchorage’s “Accessory Dwelling Unit (ADU) Project Page.” housing, protect community character, and encourage infill.” The ordinance provided no specific regulations regarding parking, design, or lot size, stating only that one ADU was allowed per single-family dwelling and that the ADU must be “smaller than the primary dwell- ing.” (Ordinance 11-44(S)). Simply altering existing zoning regulations to allow ADUs without providing specific regulations and guid- ance may not be enough to meaningfully encourage development. Though experts consider designated construction of an accessory dwelling unit as a per- mitted use for all single-family residences as the gold standard for encouraging ADU development, doing this alone can leave interested homeowners feeling confused or uncertain. Additionally, such opaque regulations can allow development that those who are resistant to increased density find upsetting or inflam- matory, prompting pushback and calls for increased restrictions. ADU-specific regulations can avert such backlash. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 197 of 337 AKDU’S AND DON’TS | 7 This publication is not a comprehensive list of all ADU ordinances in Alaska. To check if your community has an ADU specific ordinance, you can look up your municipal code at library.municode.com, your local government’s website, or contact your city clerk. If you are confused about what codes apply to you, consult the brief overview below on how planning powers are divided in Alaska. 2.1 Overview of Powers and Duties of Boroughs & Cities in Relation to Planning, Platting & Land Use Regulation Borough Governing Structures Planning, Platting & Land Use Regulation Powers Unified Municipality & Home Rule Borough The borough or unified municipality must exercise the powers areawide, but not necessarily in accordance with AS 29.40 First Class Borough The borough must exercise the powers areawide; in accordance with AS 29.40; the borough may allow cities to assume such powers within their boundaries Second Class Borough Same as for a first class borough City Governing Structure Planning, Platting & Land Use Regulation Powers Home Rule City Cities in unorganized boroughs must exercise the powers; if in an organized borough, it may be permit- ted by borough to exercise the powers First Class City Same as for a Home Rule City, except exercised in accordance with AS 29.40 (governance by assembly) Second Class City The City is not required to exercise powers, but may be permitted in the manner described for First Class Boroughs References: AS 29.35.260(c) AS 29.35.260(c) AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 198 of 337 AKDU’S AND DON’TS | 98 | AK DU’S AND DON’TS 3.0 Best Practices to Encourage ADU Development 7 Excessive Size/Height/Setback Restrictions – Inhibit development in dense areas with smaller lots where demand for rentals is likely higher. – Lead to “micro” units that can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or allow caregiver support. 7 Discretionary Permitting Processes – Creates uncertainty and slows development timelines. 7 Off-Street Parking Regulations – Stifles development on smaller lots. 7 Owner-Occupancy Requirements – Can impact appraised home values and complicate rental configurations, suppressing available units. 7 Aesthetic Design Standards – Makes construction more costly and technically complex. – Vague rules add subjectivity to conditional permitting processes. 3 Blanket use permissions for ADUs in all areas zoned for single-family housing. 3 Allowing ADU development “By-right”/ministerial approval rather than through a discretionary approval process. 3 Clear, objective standards intended to mitigate environmental hazards and impact on city resources 3 Regulations should reflect community values without hindering development. 3 Set a realistic timeline for producing decisions. 3 No additional off-street parking requirements. 3 Reasonable size/height/setback requirements that ensure resulting unit can meet the needs of long-term rentals and aging individuals. Dos Don’ts In recent years, communities across the United States have turned to ADUs to address the affordable housing crisis. Experts in planning, policy, design, and aging have dedicated considerable time and energy to studying these communities to understand what works and what does not. A recommended first step for communities interested in increasing ADU development is the creation of a dedicated ADU ordinance. This clarifies the ADU development process for applicants and municipal officials and removes barriers that may have been hindering development under existing general zoning regulations. Section 3.1 provides a brief overview of the “Dos” and “Don’ts” of creating ADU-friendly zoning ordinances. Section 3.2 goes in depth into these recommendations, providing questions and considerations for com- munities seeking to improve their existing ADU regulations as well as additional guidance for those who are considering creating an ADU-specific ordinance for the first time. Creating an ADU-specific ordinance and/or focusing on reducing regulatory barriers is not the most effective approach for encouraging ADU development in communities that have no zoning regulations. If you have no exist- ing zoning regulations your largest barriers are likely construction costs due to a lack of contractors or shipping expenses. The most relevant advice for these communities is in section 5 dedicated to financing recommendations. 3.1 Creating ADU-Friendly Regulations AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 199 of 337 AKDU’S AND DON’TS | 9 3.2 Approaching ADU Policies in Your Community The immense diversity in zoning practices, environments, and needs across Alaska communities means that there is no one-size-fits-all approach to increasing development of accessory dwelling units. The considerations included below are split into two buckets, those for communities that have an existing ADU-specific ordinance and those that do not have a specific ordinance but maintain robust zoning and permitting regulations, but the recommendations are relevant to local officials in either position. SPOTLIGHT The City of Palmer specifies that permits for ADUs will be reviewed within 30 days. IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: THE PERMITTING PROCESS Does your ordinance allow ADUs “by right” or subject to discre- tionary approval / a conditional permitting process? “BY RIGHT”: Allowing ADUs by right means that anyone who complies with the existing regulations may build an ADU. An application may still be involved, but it is subject to purely ministerial approval (AARP – Expanding ADU Development, 42). Research on ADUs across the U.S. shows that by right approvals encourage ADU development because they remove uncertainty and are usually much quicker than discretionary processes. DISCRETIONARY/CONDITIONAL APPROVAL: There are many valid reasons for local officials and planners to favor a discretionary approval process for ADUs, especially if there is community resistance ADU devel- opment. However, subjecting all ADU development to a conditional permitting process has been shown to greatly discourage development. Discretionary approval processes are often opaque and subjective, which can be intimidating and burdensome for applicants. SPLIT PROCESSES: It is common to allow by right approval for ADUs if they fit all the required regulations and require applicants who do not meet the requirements apply for exceptions through a conditional permitting pro- cess. This can be helpful for some communities, especially if within zoning districts lot sizes are nonuniform and access to city sewage/water/electricity varies. However, if you are currently operating this way, it is important to examine how ADU applications have split between the two processes. If you find that so far, most applicants have had to go through a conditional permitting process, you should reconsider if your baseline standards are too strict. • Consider: Are there clear standards that applicants have a difficult time meeting, such as size limits, parking requirements, or design regulations? How long does your permitting process take? Lengthy and undefined permitting processes create uncertainty and stall development. Experts recommend that at minimum, local officials publish a realistic timeline for their review processes and stick to a set timeframe for producing decisions. Ideally, that timeframe is as quick as possible. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 200 of 337 AK DU’S AND DON’TS | 1110 | AKDU’S AND DON’TS Does your ordinance require additional off-street parking spaces? If you require additional off-street parking spaces, is the requirement equal to or greater than that for a single-family home? Requiring any additional off-street parking spaces for ADUs can stifle development, especially for those hoping to build on smaller lots. Experts recommend no additional off-street parking requirements for ADUs. Usually, single-family zoning regulations already require several off-street parking spots for the principal dwelling, which can often meet the needs of accessory dwelling, especially if it is constructed for an existing member of a household. Community concerns about public street parking can be mitigated by restricting off-street parking requirements to certain zoning districts of concern, such as commercial business districts and the residential areas that border them. But even in these cases, mandating more than one additional off-street parking space is unreasonable considering that ADUs rarely accommodate more than 2 people. Certain zoning restrictions can inadvertently hamper construction based on universal design standards. Square footage restrictions can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or caregiver support. Restrictions regard- ing the ADUs proximity to the primary dwelling and/or to the edge of the lot can make it difficult to construct an entrance that is both covered and allows a car to deliver a person right to the door. Communicating accessibility needs to your builder can be intimidating and difficult. Universal design prin- ciples offer helpful guidance about how to construct ADUs to meet the mobility needs of aging individ- uals. Universal Design is defined as “an approach to design that recognizes and accommodates the ordi- nary changes people experience over their lives due IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: OFF-STREET PARKING SPOTLIGHT The Petersburg Borough has no off-street parking requirements for ADUs. In the City and Borough of Sitka, applicants are required to submit a parking plan delineating dedicated spaces for the ADU and primary dwelling unit. Utilizing on-street parking for ADUs is prohibited, but applicants do not need to build new parking spots as long as they can show how existing spots will be rededicated to the ADU without undermining parking for the primary dwelling. IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: SIZE/HEIGHT/SETBACK REQUIREMENTS to aging and life circumstances. As such, universal design benefits people through all life stages, including children and adults” (Recommendations for Essential and Advanced Universal Design Features and Product Characteristics in New Single-Family Housing, 2009). Additional information about accessible design and universal design principles can be found at the end of this publication. Does your ordinance have a size limit for ADUs? If yes, are the square footage require- ments based on a ratio relative to the primary residence? Size regulations tying the size of the ADU to a percent of the primary dwelling make adding an ADU to a larger home easy but make adding an ADUs prohibitive for smaller homes. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 201 of 337 AKDU’S AND DON’TS | 11 Excessive size limits can hinder the development of accessible living spaces. If your community is interested in encouraging ADUs to facilitate aging in place, excessive size restrictions can make the resulting accessory dwelling unit inaccessible to seniors and all populations with mobility needs. Highly restrictive square footage restrictions can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or allow caregiver support. Does your ordinance have setback requirements? Municipalities should avoid imposing setback requirements that would result in excessively small developable areas because this can lead to “micro” units that fail to meet the needs of long-term renters and aging individuals. Restrictions regarding the ADUs proximity to the primary dwelling and/or to the edge of the lot can make it difficult to construct an entrance that is both covered and allows a car to deliver a person right to the door. Excessive setback requirements can also inhibit ADU development in smaller and moderately size lots. SPOTLIGHT In the Municipality of Anchorage, height requirements allow for two story ADUs and offer extensions based on common design choices. Maximum height requirements in the Anchorage Bowl are 25 feet but can be extended to 30 feet if the ADU is over a garage. In Girdwood, the maximum height for ADUs is 35 feet and cannot be greater than twice the height of the primary dwelling unit. An ADU Built Above a Garage in Anchorage. Source: Sightline Institute. “Anchorage Needs More Moderately Priced Homes: Let’s Start with ADUs” (2021). Does your ordinance have height requirements? Excessive height requirements (such as 10 or 12 ft) inhibit two story ADUs, which can incorporate design elements, such as a mezzanine floor, that make the best use of the small space. Does your ordinance impose minimum lot size requirements? Minimum lot size requirements inhibit development in more dense single-family districts with smaller lots where demand for rentals is likely higher. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 202 of 337 AK DU’S AND DON’TS | 1312 | AKDU’S AND DON’TS IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: AESTHETIC STANDARDS Does your ordinance have occupancy requirements? Putting restrictions about how ADUs can be used by homeowners can be important to ensuring that ADU development meaningfully expands the community’s affordable housing stock. Areas highly dependent on tourism may choose to prohibit ADUs from being used for short-term rentals to ensure that they will be accessible to full time residents. However, prohibiting homeowners from using ADUs as rentals to nonfamily members dramatically inhibits development. In addition to being self-defeating for municipalities hoping to increase their affordable housing stock, homeown- ers often rely on future rental income to finance ADU development, subsidize increased property taxes, and generate income during retirement. Even if rentals are allowed, owner-occupancy requirements are generally discouraged by housing experts. Mandating that homeowners must live in the primary residence to rent the ADU creates a myriad of legal burdens. This requirement means that if they choose to move, they cannot legally rent out both units. If they want to allow another family member to live in the primary residence, they must add them to the deed to continue renting the ADU. If a person inherits a single-family home with an ADU, they are unable to rent out both residences unless they move into the primary residence. Homeowners also are prevented from living in the ADU and renting out the primary dwelling. These complications can impact appraised home values and further restrict available rental properties. • Caveat: Municipalities interested in encouraging tourism but concerned about mitigating its impacts in residential areas may prefer to impose own- er-occupancy requirements only for ADUs used for short-term rentals. IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: OCCUPANCY RESTRICTIONS Does your ordinance impose discretionary design standards related to neighborhood character and aesthetic compatibility? Community concerns about how ADUs will influence neighborhood character and aesthetics are common. Regulations imposing discretionary design standards may have been important to garnering the political support necessary to pass an ADU ordinance. Yet, it is important to evaluate if the goals of these requirements are worth the increased burden to applicants. Aesthetic design standards increase costs and add technical complexity to the ADU construction and permitting processes. Requiring ADUs to match the appearance of the principal dwelling or to be constructed to maintain the appear- ance of a single-family structure can hinder accessible design, delay construction, and intimidate otherwise interested homeowners. When these provisions are vague, they create uncertainty for applicants and introduce considerable subjectivity and bias to the permitting process. SPOTLIGHT In the City of Soldotna, ADUs can be used as short-term rentals if the principal dwelling is owner-occupied. SPOTLIGHT In the City and Borough of Sitka, ADUs can only be used as long-term rentals (90+ days). AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 203 of 337 AKDU’S AND DON’TS | 13 Do you have existing ADUs in your community? If yes, what processes have homeowners gone through to build them? In communities where ADUs can already be created by right, creating an ADU-specific ordinance may not be necessary. Rather, an informational campaign or a dedicated grant program may be more effective. Do you have existing restrictions concerning structural changes in single-family residential districts? Adding an accessory dwelling unit to a single-family home may already be a permitted use in your code. Alternatively, your existing code could consider the addition of an accessory dwelling an a violation of single and multi-family housing zoning regulations, deeply complicating the ADU development process. What is your conditional permitting process like? It is important to realistically evaluate the time, effort, and objectivity of your existing process, as it can greatly impact the development of ADUs if you choose to create an ADU ordinance that relies partly or entirely on your existing conditional permitting process. • Do applicants often have to apply several times before getting approval? • Are there municipal staff members dedicated to sup- porting applicants through the process? • How frequently does your planning commission review applications? • Do planning commission meetings regularly fail to cover all the necessary topics/applications because there is too much on the schedule? IF YOU DO NOT HAVE AN ADU-SPECIFIC ORDINANCE, BUT THERE ARE EXISTING REGULATIONS REGARDING PERMITTING AND CONDITIONAL USE Does your community have concerns about infill and/or increased density? Is political and community sentiment particularly favorable or hostile toward ADUs? It may be difficult to judge public sentiment about ADUs specifically, but prior hostility to multi-family housing developments in areas with majority sin- gle-family homes can indicate there may be pushbacks to encouraging ADU development. When drafting an ADU ordinance, it is important to identify and address community concerns. ADU ordi- nances can be curated to the specific needs of your community while still following the recommendations of experts. Certain approaches may include: • Instituting by right permitting processes for ADUs in some zoning districts and requiring a discretionary use permit in others • Crafting different regulations for internal, attached, and detached ADUs. • Restricting use of ADUs as short-term rentals. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 204 of 337 AK DU’S AND DON’TS | 1514 | AKDU’S AND DON’TS 4.0 Financing ADUs in Your Community While ADUs are cheaper than constructing an entirely new single-family home, they can still be cost-prohibitive for many homeowners. In a 2022 survey of Anchorage homeowners with ADUs, over fifty percent of respondents reported that they earned over $150,000 annually (ADU ANC Survey). The Sightline Institute, a thinktank dedicated to promoting sustainable communities across the Pacific Northwest, estimates that attached ADUs created by modifying an existing structure cost about $32,000 on average in Anchorage. Detached ADUs requiring a newly built structure are estimated to cost about $79,000. For much of the rest of the state, especially the most rural regions, costs are likely much higher. In the North Slope Borough, construction costs per square root can range from $448 (in Nuiqsut) to $660 (in Point Lay) and more. Depending on the village, a 1,500 square foot home—only slightly larger than the average ADU—can cost between $672,000 to $990,000 (NSB Comprehensive Plan 2019). Municipal officials can reduce financial barriers in a variety of ways: Designated Municipal Funding Scheme Grant-Based Subsidies Municipalities across the country have established grant programs to subsidize the cost of ADUs. Providing cash subsidies to incentive ADU development allows communities to leverage the financial capacity of local homeowners and produce more affordable rent units at a fraction of the cost of a typical publicly funded affordable housing development. In 2018, the City and Borough of Juneau appropriated $480,000 for an incentive grant program providing up to $6,000 to homeowners interested in constructing and ADU. In August of 2023, the Assembly voted to expand this effort, creating the Accessory Dwelling Unit Grant program (ADUG). ADUG provides grants up to $13,5000 to 16 homeowners annually, allocated on a first come, first served basis. In addition to meeting all ADU regulations and passing a final inspection within two years of being issued a building permit, recipients must record a deed restriction agreeing not to use the ADU as a short-term rental (fewer than 30 consecu- tive days) for the first five years. More information can be found online and on the website for the City and Borough of Juneau. For municipalities that do not have the funds or polit- ical will to establish such a program, local officials can also look to establish partnership with local founda- tions to either fund a grant program or provide seed funding to local non-profit design, construction, and development organizations. Attached ADU Added to the Basement of a Juneau Home Through the ADUG Program Source: KTOO – Anchorage Daily News “Alaska cities, facing housing crunch, encourage backyard cottages and apartment additions” (2018). Loans Local jurisdictions can also provide subsidies through low-interest loans, loan forgiveness, and by estab- lishing local loan pools. Low interest loans and loan forgiveness can be a more financially and politically viable option for some municipalities. Like the City and Borough of Juneau’s ADUG program, eligibility for low interest loans and loan forgiveness can be restricted to homeowners who agree to use their ADU as a long term, affordable rental or for facilitating aging at home. Local loan pools leverage private loan funds generated from partnership with local banks and philanthropic organizations to provide below-market loans to income-eligible homeowners for ADU construction. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 205 of 337 AKDU’S AND DON’TS | 15 Property Tax Abatement The increased property tax burden resulting from the value added by an ADU can intimidate interested homeowners. Reducing or postponing that burden through property tax abatement can be a powerful incentive. In 2022, Anchorage Mayor Dave Bronson’s adminis- tration proposed postponing property tax increases tied to the creation of an ADU for ten years. Assembly member Meg Zalatel proposed applying this abate- ment only to ADUs offered as long-term housing. Though this proposal was not adopted by the Assembly, a major overhaul of ADU regulations was passed in 2023. Whether, how, and to what end your local government is able to offer property tax exemptions varies by gov- erning structure. Interested officials should consult Title § 29.45.050 of the Alaska state statues, which identifies an extensive list of optional exemptions a municipality may enact. Design Incentives Design and development costs can force interested homeowners to pay thousands before they even break ground on a new ADU, especially if project plans must be revised multiple times during the permitting process. Municipalities can offset these costs by pro- viding free design and project support to applicants. Additionally, planning officials can save homeowners thousands of dollars by offering applicants the option to use pre-approved, permit-ready plans for ADUs of a range of sizes. Providing model plans can also reduce administrative burdens for municipalities by simpli- fying the permitting process and promote aesthetic standards favored by the planning commission without burdening applicants with additional regulations. (AARP ADU Design & Development) Construction & Permitting Incentives Permit and development fees can be a significant deterrent. Many municipalities have chosen to reduce permit fees, offer fee waivers, or completely remove fees for ADU permit applications. Doing this in conjunc- tion with removing other fees, such as infrastructure impact charges, can make a significant impact on the total cost. Additionally, any measures you can take to facilitate a faster permit review process, such as hiring or training staff dedicated to ADU permit review, can meaningfully reduce costs. (AARP ADU Design & Development) Facilitating Economies of Scale Communities that struggle with exorbitant construc- tion costs often also have high rates of overcrowding and limited or no senior living facilities. Local officials can help reduce construction costs in rural regions by encouraging interested homeowners to work together to create economies of scale. Though it applies to new single-family homes, not ADUs, RurAL CAP’s Mutual Self-Help Housing Program provides an excellent model of how economies of scale and “sweat equity” can operate in Alaska. Facilitated in partnership with USDA Rural Development and Alaska Housing Finance Corporation, the Mutual Self-Help Housing Program provides first-time home buyers with the opportunity to buy a home without a down payment. Groups of six to twelve participants work together to build one another’s homes under the guid- ance of a RurAL CAP construction supervisor, providing at least 65% of the labor and working a minimum of 35 hours per week. All homebuyers contribute to the construction of all the homes, and no one moves in until every house is complete. The “sweat equity” created by the participant’s labor eliminates the down payment and reduces their resulting mortgage, which are originated by RurAL CAP and can have interest rates as low as 1%. For aging communities or those who cannot invest “sweat equity” for other reasons, prefabricated units are an excellent option to speed up the process and simplify logistics. Interested homeowners can possibly reduce design and transportation costs by approaching a prefabrication contractor as a group. Additional information about prefabrication options can be found at the end of this publication. AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 206 of 337 AK DU’S AND DON’TS | 1716 | AKDU’S AND DON’TS Additional Resources Accessible Design • Northwest Universal Design Council (NWUDC): https://www.environmentsforall.org/ – The Council acts as an expert resource on universal design in the Pacific Northwest. Their website provides a simplified overview of the principles and guidelines of universal design, a detailed home checklist which provides essential guidelines for each room and element of a house as well as additional considerations, and a library of resources and research from organizations and universities across the country. • “Aging in Place Alaska” (University of Alaska Fairbanks Cooperative Extension Service): https://homemods.org/materials/aging-in-place-in-alaska/ – This 20-minute video, narrated by Art Nash, Energy Specialist at the University of Alaska Fairbanks Cooperative Extension Service, examines universal design principles as they related to Alaskan homes. • Alaska Independent Living Centers – These are individual organizations which act as an access point for disability-related services for individuals across Alaska. – Southeast Alaska Independent Living (SAIL) operates the Home Modifications for Aging in Place (HomeMAPTM) Program, which provides expert evaluations of mobility and construction needs. A SAIL team conducts a home survey and produces a written report that lays out the homeowner’s individualized needs. This report can then be used to guide construction and communicate design needs to contractors. > https://www.sailinc.org/home-modifications-for-aging-in-place/ – For those residing outside the southeast, Access Alaska and Arctic Access – Nome can provide information regarding programs and services that may be helpful during the design process. > Access Alaska: https://www.accessalaska.org/ > Arctic Access – Nome: https://www.facebook.com/people/Arctic-Access-Inc/100068189572892/ * Email: arcticaccessnome@gci.net • Alaska Organizations that are affiliated with or employ a National Association of Home Builders Certified Aging-In-Place Specialist. Those with this certification can provide expert advice regarding accessible design. – Alaska Housing Finance Corporation: https://www.ahfc.us/senior-support – Alaska Community Development Corporation: http://www.alaskacdc.org/ – Cold Climate Housing Research Center: https://cchrc.org/ Prefabricated Units • FabCab: https://fabcab.com/about/our-story-and-bios/ – A company based in Pacific Northwest specializing in incorporating universal design principles into prefabricated homes. Their founder is a member of the Northwest Universal Design Council. • Skyline Homes & Champion Homes: – National companies that supply manufactured homes through a nationwide network of independent dealers. These companies have manufacturers in Oregan and British Columbia and have shipped homes to Alaska. They also have model ADUs. Both companies have a search function to find retailers near where you live, but it is best to contact them directly for more detailed information about Canadian suppliers. – Skyline: https://www.skylinehomes.com/ – Champion: https://www.championhomes.com/ AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 207 of 337 AKDU’S AND DON’TS | 17 ADU Finance, Policy, & Development • “Accessory Dwelling Units: A Step by Step Guide to Design and Development” (AARP): https://www. aarp.org/pri/topics/livable-communities/housing/accessory-dwelling-units-guide-design-development/ • “Expanding ADU Development and Occupancy: Solutions for Removing Local Barriers to ADU Construction” (AARP and the American Planning Association): https://www.aarp.org/pri/topics/ livable-communities/housing/expanding-adu-development-solutions-local-barriers.html • “Overcoming Barriers to Bringing ADU Development to Scale” (Enterprise Community Partners): https://www.enterprisecommunity.org/resources/overcoming-barriers-bringing-adu-development-scale-11049 • The ABCs of ADUs: A guide to Accessory Dwelling Units and how they expand housing options for people of all ages (AARP): https://www.aarp.org/livable-communities/housing/info-2019/accessory- dwelling-units-guide-download.html Powers and Duties of Boroughs & Cities in Relation to Planning, Platting & Land Use Regulation • Alaska Planning Commission Handbook (Department of Commerce, Community, and Economic Development; Division of Community and Regional Affairs): https://www.commerce.alaska.gov/web/ Portals/4/pub/Planning%20Commission%20Handbook%20Jan%202012.pdf • Planning Powers for Alaska Communities (Alaska Dept. Of Transportation and Public Facilities): https://dot.alaska.gov/creg/planning/assets/Planning_Power_for_Alaskan_Communities.pdf • Alaska’s Local Government: State Commitments, Local Roles and Responsibilities (Alaska Municipal League): https://www.akml.org/wp-content/uploads/2023/02/AML-Govt-Primer-2023-revise-web.pdf AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 208 of 337 AK DU’S AND DON’TS | 18 A kDU’s and Don’ts AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 209 of 337 Whether it’s backyard housing or in-law suites, attitudes are changing on accessory dwelling units as a cheaper, quicker route to housing affordability and availability. Oct. 17, 2024 • Kevin Hardy, Stateline Ron Durand shows the apartment above his garage in Newmarket, N.H., where his daughter and granddaughter live. Durand was the rst in the town to build an accessory dwelling unit since it loosened regulations to encourage more housing options. (Kevin Hardy/Stateline) Aside from an extra mailbox, there’s little indication from the street that Ron Durand’s lot is home to two homes. HOUSING AND URBAN ISSUES How Rural Towns Are Learning to Love ADUs AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 210 of 337 But tucked above the garage is a two-bedroom apartment, where his daughter and granddaughter live. It’s the first accessory dwelling unit to be built since the town of Newmarket, N.H., eased its housing rules last year. The idea isn’t new: For generations, some homes included extra units, sometimes called granny flats or in-law suites. But state lawmakers and city planners across the country are increasingly eyeing ADUs as one way to combat the challenges of housing affordability and availability, including in rural areas. ADUs are cheaper to build than new single-family homes and face less of the pushback that frequently accompanies big housing developments such as apartment complexes. Still, the idea has faced opposition from some residents who worry about added density in their neighborhoods, which could bring parking, traffic and utility challenges. ADVERTISEMENT AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 211 of 337 Home to about 5,800 people, the town of Newmarket showcases how quickly attitudes are changing on the issue: Just a few years ago, another family looking to convert a garage attic on their rural lot gave up after facing too much red tape and resistance from town leaders. But now, the town’s planning department is outright encouraging the units, easing restrictions on how and where they can be built. Durand stresses that the idea won’t work for every property, but he thinks more homeowners should consider ADUs. “Not all situations are probably this ideal,” Durand said. “This just happened to work out really, really well.” His neighbor seemed to agree. Next door, crews are building a small ranch home in the back of the main house’s wooded lot, allowing its aging owners to downsize and bring the next generation into the larger home. Wearing his “This Old House” cap, Durand shows the detached double garage that holds his wife’s car and his well-equipped woodworking shop, where he builds everything from birdhouses to barn quilts. Around back, a staircase and deck lead to the apartment above. At 780 square feet, it’s almost as large as the two-bedroom main home. Durand’s conversion cost about $300,000 — not cheap, but certainly much less than the cost of new housing in the area: Just up the hill, newly built condos start at nearly $900,000. The apartment is finished with light wood floors, granite countertops and stainless steel appliances. Just steps away from the main home’s back porch, Stacey Durand said the apartment provides enough privacy for her and her 5-year-old daughter, who gets to spend more time with her grandparents. Crucially, it’s allowed her to stay in the pricey community, while the rent she pays offsets the construction costs. “I couldn’t afford anything here,” she said. Streamlining Permitting Policymakers here and across the country are aiming to create more of these sorts AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 212 of 337 of housing units: In recent years, 14 states and the District of Columbia have passed laws to encourage ADU creation, according to the Mercatus Center, a conservative think tank at George Mason University that tracks the issue. California lawmakers set off an ADU boom with 2016 legislation that streamlined the state’s permitting process. Between 2016 and 2022, more than 83,000 ADUs were permitted across the state, according to the housing organization California YIMBY. Such units have proven particularly popular in high-cost markets, including Los Angeles and San Diego. As of 2022, nearly one-fifth of all new homes created in the state were ADUs, according to the organization. Now, policymakers are increasingly considering the idea as a way to add housing stock in small towns and rural communities. “I think it can be deployed everywhere,” said Montana state Sen. Greg Hertz, a Republican who last year sponsoredlegislationto that gave property owners the right to build one accessory unit and barred municipalities from imposing certain ADU restrictions. It was among several housing measures challenged by Montana homeowners in court, though the Montana Supreme Court last month upheld the law. Hertz said ADUs alone won’t solve the crisis with rising home prices, but he said they can be part of the solution. “We just need to do a lot of different things,” he said. “And this is just one piece of the puzzle that we can help jump-start and get people more affordable housing.” A Housing ‘Gateway Drug’ ADUs can’t fix the housing shortage, but they can make a difference, said Jason Jordan, principal in public affairs at the American Planning Association, which includes thousands of city planners and public officials. They’re generally more politically palatable because they can increase housing density and inventory without drastically changing the fabric of neighborhoods. “I sometimes think of it as the gateway drug of zoning reform,” he said. Some homeowners build backyard cottages or garage apartments to create a rental AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 213 of 337 income stream. But oftentimes the units house an aging family member who wants to downsize or a young professional who just completed school. “It’s an easy story to tell,” Jordan said. The planning association has for years worked with AARP to develop model legislation on ADU creation. Jordan said more states will be taking up the issue in 2025 legislative sessions. But while attitudes are changing, he said, homeowners in a majority of municipalities are still banned from adding additional units by their local zoning regulations. Even when legislatures condone ADUs, local governments can still layer many rules and regulations that make them difficult or impossible to build, said Emily Hamilton, senior research fellow at the Mercatus Center. Some states, including California, have refined their ADU laws in recent years to remove potential local barriers such as parking requirements and setbacks from the street. “There are so many ways that localities can obstruct ADUs, if that’s their goal,” Hamilton said. “So like in California, it’s been a process of dozens of statewide ADU laws that have passed to get to the point where they’re really broadly feasible to build.” Like other developments, ADUs can face resistance from neighbors who have voiced concerns about traffic, parking and decreased property values. In Montana, a group of owners of single-family homes, Montanans Against Irresponsible Densification, filed a lawsuit arguing that ADU legislation took away local control and didn’t address housing affordability, the Daily Montanan reported. “More important than economic value is the moral, aesthetic neighborhood values that my wife and I share with the neighbors, all of which will be adversely affected if my neighborhood is impacted by development which is more dense,” Glenn Monahan, one of the organization’s members, wrote in an affidavit. Last month, the state Supreme Court reversed a lower-court decision, ruling that AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 214 of 337 the group had failed to meet the requirements needed for a preliminary injunction. Changing Attitudes in New Hampshire Perched atop a hill overlooking green farm fields, Bill and Gail Nostrom’s property offers a scenic portrait of autumn in New England. Bill and Gail Nostrom explored building a garage apartment on their Newmarket, N.H., property before the pandemic, but say they faced too much red tape from town leaders. (Kevin Hardy/Stateline) Signs for farm-fresh eggs and pumpkins dot the winding roads that lead to the house lined with maple trees and garden beds. It sits on a wide cul-de-sac but with two acres, the neighbors’ homes are barely visible. Just before the pandemic, the couple wanted to convert the attic of their detached garage into an apartment for their son. But that effort was stymied by town rules that ADUs be physically attached to homes. While the property is miles away from the neighborhoods and businesses at the heart of Newmarket, it — like all rural areas in the state — is considered part of a town and is still subject to town zoning and building regulations. Gail Nostrom said one town official outright said they didn’t want to see “that type of housing” pop up across the community. “We just thought, boy, what an answer,” she said. “But the powers that be are the powers that be.” AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 215 of 337 So, they set the idea aside and left the garage attic unfinished. It remains a dusty storage space with garlic bulbs drying from the rafters and odds and ends lining the floor. “We’re over it,” she said. But their challenges piqued the interest of state Rep. Ellen Read, a Democrat and Newmarket resident. Earlier this year, Read introduced legislation to make it easier for property owners to create ADUs by requiring that localities allow up to two units without any special requirements over lot sizes, setbacks, aesthetics or design review. While New Hampshire law allows ADUs, Read said local governments can still create burdensome restrictions such as multiple parking spaces for a new unit or that the unit be attached to the primary home. “We do have that right to one ADU in place, but the towns are able to deny it for really kind of arbitrary reasons,” she said. “And it’s just kind of ridiculous.” Her legislation passed the state House but did not advance through the Senate. Read has already submitted the bill again ahead of the 2025 session. But her community is moving forward either way. To spur ADU development, Newmarket last year eased zoning rules by reducing ADU parking requirements and allowing units detached from the primary home. “The zoning was really kind of out of touch with reality and what the community wanted,” said Bart McDonough, Newmarket’s planning and community development director. ‘Just a Weird Thing’ Communities across the Granite State are making similar moves. In Dover, city leaders partnered with a credit union to allow homeowners without enough home equity to obtain construction loans to build ADUs, WMUR reported. Organizers of a regional ADU design competitionin New Hampshire were AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 216 of 337 overwhelmed with dozens of applications, said Todd Horner, executive director of the Southwest Region Planning Commission, which covers 34 towns and 1,000 square miles. “I’ve seen the interest increase drastically. It used to be like, ‘Ehh, that’s just a weird thing that some communities do,’” said Mari Brunner, senior planner for the city of Keene in the southwest corner of the state. “Now, I think almost every single community is looking at it.” Keene, a community of about 23,000, relaxed its ADU requirements last year. While ADUs aren’t exploding, they are growing: Between 2017 and 2023, six units were added. In the past 18 months, Brunner said, five permits have been submitted, three units are under construction, and two are still under review. Nearby, in the quaint hamlet of Peterborough, town leaders have sought to ease concerns about the housing additions by showcasing how little they change neighborhoods. Earlier this year, town leaders led a bus tour to offer a view of what the units looked like inside. They also played a game of “I Spy” while aboard the bus, said Danica Melone, the town’s director of planning and building. “The purpose of that was to really show that a lot of these ADUs blend right into their surroundings,” she said. “They’re hiding in plain sight.” Peterborough, home to about 2,200 people, currently has about two dozen ADUs. Each unit moves the needle by opening up a house or apartment for someone else, Melone said. “It’s kind of a carousel of housing,” she said. “Moreover, now we have someone who’s living in the community, who’s going to continue to contribute to our tax base. … It most definitely has an impact.” Stateline is part of States Newsroom, a national nonprofit news organization focused on state policy. ©2024 States Newsroom. Related Ar ticles AGENDA ITEM #14.C.2. Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 217 of 337 The Role of ADUs in Easing America's Housing Crisis It’s Hard for States to Force Housing Reform on Local Communities. Just Ask Colorado’s Governor. California Changed Its Laws to Promote (One Form of ) Housing We Need a Lot More Housing. It Won’t Come from Washington. The Case for More Backyard Bodegas and Sidewalk Salons Tags:Housing,Rural Communities,Local Government,New Hampshire N EWS I N NUMBE RS 87% ADVERTISEMENT Latest News AGENDA ITEM #14.C.2. 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Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island ...Page 221 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Abbreviated And Informal Hearing For The Continued Operations Of Restaurant And Eating Place License Sizzler Burger/Peking Restaurant (License #2611) And Restaurant And Eating Place License Second Floor Restaurant Biennial Their Of Year During The #3293) (License Second License Period ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: At the last meeting, the Assembly moved to protest License Numbers #2611 and 3293 and directed the clerk to notify the licensee(s) of their right to defend the continued operation of their licenses before the Assembly at the next regular meeting. The Assembly should allow opportunity to the license holder to defend their application before the Assembly. After the informal hearing, the Assembly’s decision to protest the application shall stand unless a majority of the Assembly votes to withdraw the protest. To withdraw, the assembly may use the motion "Move to withdraw the motion to protest License Numbers #2611 and 3293." DISCUSSION: At the November 21, 2024, Assembly Regular Meeting, the Assembly voiced protests to the continued operations of License Numbers #2611 and 3293. 3 AAC 305.085 (d) states that the governing body shall allow the license holder a reasonable opportunity to defend the licenses before a meeting of the governing body. The Clerk's Office staff contacted the license holder by phone, email, and by postal mail regarding their right to defend their licenses before the Assembly. The license holder, Mrs. Sook Yun along with her daughter Stephani visited the Clerk's Office on December 4, 2024, and had a discussion about the process with Clerk's Office Staff. We encouraged Mrs. Yun to either attend in person or call in during the meeting. Stephani mentioned that they may request postponement of this item to the January 16 meeting in order for Mrs. Yun to be able to attend in person. Background information from the November 21, 2024, meeting packet: The Kodiak Island Borough Clerk’s Office evaluates liquor licenses and endorsements approaching their second year of operation. The objective of the review is to assess whether there exists a rationale or interest from the Assembly to protest the continued operation of a license. The Clerk’s Office adhered to the protocol outlined in KIBC 5.01.020, which involved investigating to assess whether the borough has a vested interest that could be safeguarded by opposing the ongoing operation of a license. The Borough Department Directors, Building Officials, Fire Marshall, State Troopers, and Kodiak Police Department were engaged in the investigation. A total of 16 licenses underwent review, and the corresponding list is included in the packet. The findings of the investigation are outlined below:  Restaurant and Eating Place License Sizzler Burger/Peking Restaurant (License #2611) AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 222 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough o Both the Building Official and the Assessing Director objected to the continued use and operation of this license because the business is no longer in operation at this address. o The Kodiak Island Borough Assembly wrote a letter on September 6, 2024, to the ABC Board asking for the revocation of this license: Reasons stated in the letter. o The City of Kodiak wrote a letter on October 24, 2024, protesting the continued use and operation of this license. Reasons stated in the letter.  Restaurant and Eating Place License Second Floor Restaurant (License #3293) o Both the Building Official and the Assessing Director objected to the continued use and operation of this license because the business is no longer in operation at this address. o Clerk's note: The Assembly may protest using the same reasons for objection for License #2611 since the license holder and location are the same. 3 AAC 305.085(d) states a local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. the licensee(s) were informed of the proposed protest, the grounds for proposed protest, and their right to defend their license before the Assembly. The Assembly must submit a protest to the Alcoholic Beverage Control (ABC) Board by January 31, 2025, outlining the grounds for the protest. To initiate a protest, the Assembly is required to submit a written explanation of its reasons to the ABC board. ALTERNATIVES: Withdraw the protest to License #2611 and License #3293. FISCAL IMPACT: OTHER INFORMATION: AS 04.11.480 (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant a protest and the reasons for the protest within 60 days of the date of the notice of the filing of the application. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license or endorsement are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510(b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, or unreasonable. 3 AAC 305.085. Local governing body protest AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 223 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough (a) A local governing body may protest an application filed under this chapter. The protest must be in writing, filed with the board, and copied to the applicant, and must include the governing body's reason for the protest. The reasons stated by a local governing body must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. Under this section, a protest may be filed for (1) an application to (A) issue a new license, a license with one or more endorsements, or endorsement; (B) renew an existing license, a license with one or more endorsements, or endorsement; (C) transfer the location of an existing license, a license with one or more endorsements, or endorsement; (D) or endorsements, more or with one a license, existing an transfer license endorsement to another person; or (2) the continued operation of a license or endorsement issued under this chapter; under this paragraph, a local governing body may only protest the continued operation of a license or endorsement during the second year of the biennial license period if the local governing body files the protest and the reasons for the protest with the board and copies the licensee not later than January 31 of the second year of the license. (b) The board will not take final action upon an application until at least (1) 60 days after a local governing body receives the notice issued by the board required by AS 04.11.520 unless the local governing body waives the right to protest the application in writing to the director; and (2) 15 days after completion of public notice of the application. (c) A protest received after the 60-day period may not be accepted by the board. A protest may not cause the board to reconsider an approved renewal, transfer of location, or transfer to another person. (d) A local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. (e) A local governing body protest may be based upon facts that render the particular application objectionable to the local body or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. The board will not substitute the board's judgment for that of the local governing body on a matter of public policy that has reasonable factual support. (f) If the application is denied because of a protest by the local governing body and the applicant requests a hearing, the local governing body must, at the board's request, appear or otherwise meaningfully participate in the hearing and must assist in or undertake the defense of the local governing body's protest. (g) In addition to the other grounds for protest set out in this section, a local governing body may protest the (1) renewal or transfer of a license based on nonpayment of delinquent taxes or fees, whether single or in combination, of at least $1,000 arising in whole or in part from the conduct of the licensed business; and (2) transfer of a license if the local governing body has adopted an ordinance under which the local governing body may estimate the amount of taxes due in the tax year of the proposed transfer and arising in whole or in part from the conduct of the licensed business, and requires the licensee to pay the estimated amount; and (3) the licensee fails to pay that amount or give security under AS 04.11.360. (h) The board may uphold a protest of an application or continued operation with an initial abeyance period of not more than 180 days if the local governing body indicates that the protest is subject to rescission and that it will be withdrawn if the applicant meets conditions set by the local governing body. If the local governing body notifies the board within the period of the abeyance that the protest has been removed, the application or continued operation will be approved when all other applicable AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 224 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough requirements have been met. If the local governing body has not notified the board within the period of the abeyance that the local governing body has removed the protest, the application or continued operation is denied. AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 225 of 337 AG E N D A I T E M # 1 4 . D . 1 . Ab b r e v i a t e d A n d I n f o r m a l H e a r i n g F o r T h e C o n t i n u e d O p e r a t i o n s O f R e s t a u r . . . Pa g e 2 2 6 o f 3 3 7 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 227 of 337 AG E N D A I T E M # 1 4 . D . 1 . Ab b r e v i a t e d A n d I n f o r m a l H e a r i n g F o r T h e C o n t i n u e d O p e r a t i o n s O f R e s t a u r . . . Pa g e 2 2 8 o f 3 3 7 From:Christopher French To:Lina Cruz Subject:RE: Biennial Process Date:Thursday, October 31, 2024 10:55:48 AM Attachments:image002.png image003.gif Hi Lina, The Community Development Department objects to two licenses that are expiring, see below: License # 3293 Second Floor Restaurant – this space is no longer under lease by this applicant and the space has been converted to another use. License #2611 Sizzler Burger & Peking Restaurant – this space is no longer under lease by the applicant and the space is being converted to another use. If you have any questions, please let me know. Best, Chris From: Lina Cruz <lcruz@kodiakak.us> Sent: Friday, October 25, 2024 9:41 AM Cc: Clerks <Clerks@kodiakak.us> Subject: FW: Biennial Process Good morning, This is a kindly reminder regarding the attached document, which lists liquor licenses or endorsements that may be subject to protest by the local governing authority. We encourage you to review the attached list closely and share any concerns your department may have. Your feedback is invaluable, and we would appreciate it if you could inform us via email if your AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 229 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 230 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 231 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 232 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 233 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 234 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 235 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 236 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 237 of 337 From:Lina Cruz To:solshin1027@gmail.com Cc:Clerks Subject:Protest Notice Of Restaurant And Eating Place License (REPL) Sizzler Burger/Peking Restaurant (License #2611) Date:Friday, November 22, 2024 2:13:12 PM Attachments:Letter to Applicant License #2611 Copy.pdf Good afternoon, This letter is to inform you that the Kodiak Island Borough Assembly intends to protest the ongoing operation of License #2611. The Assembly has instructed the Borough Clerk’s office to inform you of your right to present your defense regarding your license at the Assembly meeting scheduled for Thursday, December 19, 2024. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road, Kodiak. A copy of this correspondence has also been sent to you via certified mail. Should you have any questions or require further clarification, please do not hesitate to contact us. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Faxlcruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 238 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 239 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 240 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 241 of 337 From:Lina Cruz To:solshin1027@gmail.com Cc:Clerks Subject:Protest Notice Of Restaurant And Eating Place License (REPL) Second Floor Restaurant (License #3293) Date:Friday, November 22, 2024 2:16:45 PM Attachments:Letter to Applicant License #3293 Second Floor Copy.pdf Good afternoon, This letter is to inform you that the Kodiak Island Borough Assembly intends to protest the ongoing operation of License #3293. The Assembly has instructed the Borough Clerk’s office to inform you of your right to present your defense regarding your license at the Assembly meeting scheduled for Thursday, December 19, 2024. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road, Kodiak. A copy of this correspondence has also been sent to you via certified mail. Should you have any questions or require further clarification, please do not hesitate to contact us. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Faxlcruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 242 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 243 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 244 of 337 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 245 of 337 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this em all are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Sent: Tuesday, December 3, 2024 1:27 PM To: Lina Cruz <lcruz@kodiakak.us>; Irwin, Sonya A (CED) <sonya.irwin@alaska.gov> Cc: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Subject: RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak Hello Lina, I am forwarding your status request to our alcohol licensing supervisor, Sonya Irwin at sonya.irwin@alaska.gov. She has the up-to-date knowledge of applications for license 3293 and will be able to let you know where they are in the renewal process and transfer of ownership process. Thank you, Kristina Serezhenkov Regulations Specialist 2/ Acting Local Government Specialist Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 907-269-0359 From: Lina Cruz <lcruz@kodiakak.us> Sent: Tuesday, December 3, 202412:23 PM To: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Subject: RE: license 3293 renewal status Hi Kristina, It looks like we still have not received any notice for License #3293 dba Second Floor Restaurant. Could you please look into this for us? The Second Floor Restaurant was previously located right above Sizzler Burger & Peking Restaurant and has not been open for some time now. Are you able to tell us if you have received a transfer or ownership application for this license? 2 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 246 of 337 Lina Cruz From: Sent: To: Cc: Subject: Hello Lina, Irwin, Sonya A (CED) <sonya.irwin@alaska.gov> Thursday, December 5, 2024 4:26 PM Lina Cruz; AMCO Local Government Only (CED sponsored) CED ABC Alcohol Licensing (CED sponsored) RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak The status for the renewal and transfer applications regarding license #3293 DBA: Second Floor Restaurant are in currently the same; our office requires more information for both applications. When the applications are deemed complete local government will be notified. Thank you, SD1t1,!:j C! rrwLitl, Records and Licensing Supervisor Alcohol and Marijuana Control Office 550 W. 71h Avenue, Suite 1600 Anchorage, Ak 99501 (907)269-0350 Alcohol.licensing@alaska.gov From: Lina Cruz <lcruz@kodiakak.us> Sent: Tuesday, December 3, 2024 2:37 PM To: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov>; Irwin, Sonya A (CED) <sonya.irwin@alaska.gov> Subject: RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak I You don't often get email from lcruz@kodiakak.us. learn why this is important Hi Kristina, Thank you for your prompt response, I appreciate your help. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 {907) 486-9311 (907) 486-9391 Fax lcnq.@kodiakak.ys i AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 247 of 337 Kristina Serezhenkov Regulations Specialist 2/ Acting Local Governing Body Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 907~269-0359 From: Nova Javier <njavier@kodiakak.us> Sent: Wednesday, December 4, 2024 5:06 PM To: Lina Cruz <lcruz@kodiakak.us>; AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov>; Irwin, Sonya A (CED) <sonya.irwin@alaska.gov> Cc: Clerks <Clerks@kodiakak.us>; mopper7@hotmail.com Subject: RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak Hi Kristina, Could you please provide us with an update on the status of License 3293, Second Floor Restaurant, and its progress in the transfer process? Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This email, including any attachments, may be subject to disclosure under the law. From: Lina Cruz <lcruz@kodiakak.us> Sent: Wednesday, December 4, 2024 5:03 PM To: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov>; Irwin, Sonya A (CED) <sonya.irwin@alaska.gov> Cc: Clerks <Clerks@kodiakak.us>; mopper7@hotmail.com Subject: RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak Hi Kristina, This letter is to inform you that the Kodiak Island Borough Assembly intends to protest the ongoing operation of License #2611 and #3293 at the regular meeting scheduled for December 19, 2024. The Assembly has instructed the Borough Clerk to inform the license holder of their right to present a defense regarding their licenses before the Assembly on Thursday, December 19, 2024. at 6:30 p.m. in the Borough Assembly Chambers, located at 710 Mill Bay Road, Kodiak. 2 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 248 of 337 Lina Cruz From: Sent: To: Cc: Subject: Attachments: Hello Nova, AMCO Local Government Only (CED sponsored) < amco.loca lgovernmentonty@alaska.gov > Friday, December 6, 2024 11 :31 AM Nova Javier; Lina Cruz; AMCO Local Government Only (CED sponsored); Irwin, Sonya A (CED) Clerks; mopper7@hotmail.com Kodiak Island Borough Possible Protest of Licenses 3293 and 2611 under AS 04.11.480(a) RE: license 3293 renewal status-and inquiry on transfer of ownership for Second Floor Restaurant in Kodiak Please see the attached email from the alcohol licensing supervisor, Sonya Irwin, with the status updates for licenses 3293 and 2611. Thank you for reaching out and letting us know of the Borough's intentions to submit a protest under AS 04. l l .480(a) of continued operations of the licenses in the second year of the biennial license period. You have until January 31, 2025 to submit the official protest(s) to our office. I wanted to add a word about the timing as the next board meeting is scheduled for Tuesday, February 4, 2025, and located in Juneau. If the Borough wishes to have their protest added to the agenda for this meeting, the last possible date you could submit the protest is January 15, 2025. If you submit the protest after 1/15/2025, the protest will be scheduled for the board meeting following 2/4/25. The exact date and location for that board meeting is not yet determined. Please keep these timelines in mind. As you may know, the ABC Board considered the City of Kodiak's similar protest of license 2611 under AS 04.11.480(a) at the November 19, 2024, meeting. The ABC Board did not uphold the City of Kodiak's protest. I am sending your group. and including mopper7 @hotmail.com, the licensee's contact email, the link to the 11/19/2024 ABC Board meeting information. The City of Kodiak's protest and documents are located at TAB 64. The minutes from this meeting are not available yet but the meeting recordings are posted on AMCO's website and you can access them here: h ttps:U www.commerce.alaska.gov/web/amco/ABCMeetingDocuments.aspx Once you are on this page open the grey bar for the November 19, 2024 meeting and the zoom links for the first and second half of the meeting recordings are at the bottom after the last TAB-TAB 76. Passwords are posted for your use to access these recordings. Thank you, 1 AGENDA ITEM #14.D.1. Abbreviated And Informal Hearing For The Continued Operations Of Restaur...Page 249 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral And Assembly Appointments To The Different Boards, Committees, And Commissions ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to confirm the Mayoral appointments of the following:  Jon Melin and Doug Mathers for terms to expire December 31, 2027, and Victor Weaver for a term to expire December 31, 2026 on the Architectural & Engineering Review/Building Code of Appeals  James Arneson and Pisa Faumui for terms to expire December 31, 2027 on the Parks and Recreation Committee  Athenas Williamson and Cort Neff for terms to expire December 31, 2027 on the Planning and Zoning Commission Borough seats  Leanna Harrington to the At Large seat for a term to expire December 31, 2027 and Douglas Hogen to the Construction Business Representative seat for a term to expire December 31, 2027 on the Solid Waste Advisory Board And Assembly appointments of the following:  Mark Anderson and Lee Robbins for terms to expire December 31, 2027 on the Citizens Board of Equalization  Alan Wolf and Dan Beehler for terms to expire December 31, 2027 on the Mission Lake Tidegate Service Area DISCUSSION: The Borough Clerk's Office advertised the impending vacancies as required by the Borough Code on October 18 and 25, 2024, on the Kodiak Daily Mirror with an application deadline date of November 15, 2024. Attached to this packet are the applications and rosters for the different boards, committees, and commissions. The Board of Equalization and Service Area Board appointments are assembly appointments. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.100.080 Notice of Impending Vacancy At least 60 days prior to the expiration of the term of an incumbent board, committee, or commission member, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies, any qualifications of members, and an application deadline date. The clerk shall also mail to each incumbent an application and letter stating that their term is expiring. AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 250 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough KIBC 2.100.030 Appointments Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. KIBC 4.15.040 D. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 251 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 252 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 253 of 337 Rev. by IA 12/3/2024 BUILDING CODE BOARD OF APPEALS NAME TERM CONTACT NO. EMAIL 1 Jerrol Friend PO Box 175 Mill Bay Rd. 2026 (907) 539-1975 (907) 486-9308/1975 jerrol@friendcontractors.com 2 Jon Melin 2011 Mill Bay Road #2 2027 (907) 539-1589 jon@premierkodiak.com 3 Tyler Swanson 473 Curlew Way 2026 (907) 512-5568 (907) 481-1636 tys@kiha.org 4 Jascha Zbitnoff PO Box 9012 2025 (907) 942-3215 jascha@brechan.com 5 Daniel Rohrer PO Box 786 2025 (907) 486-0977 drohrer@kodiakak.net 6 Doug Mathers PO Box 2916 2027 (907) 486-4591 mathers@gci.net 7 Victor Weaver 12740 Middle Bay Dr 2026 (907) 942-2377 victor.weaver@providence.org NON-VOTING EX-OFFICIOS 1 Aimee Williams Borough Manager (907) 486-9302 Awilliams@kodiakak.us 2 Ryan Sharratt Assembly Member (907) 942-5544 Ryan.sharratt@kibassembly.org 3 Cindy Mika School District Superintendent or Designee Cynthia.mika@kibsd.org 4 Duncan Fields School Board Representative (907) 317-5959 (907) 486-6393 (907) 486-8835 Dfields8925@gmail.com STAFF Dave Conrad E&F Director (907) 486-9340 dconrad@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.125 Architectural/Engineering Review Board Kodiak Island Borough Code 15.45 Building Code Board of Appeals By Laws Adopted and Ratified on September 2, 2010 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 254 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 255 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 256 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 257 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 258 of 337 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Application Form Date:Monday, October 21, 2024 6:28:06 AM Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Full Name Victor weaver Physical Address Where you Claim Residency: 12740 Middle Bay Dr Phone Number(s) (numeric only): 9079422377 Email Address(s):victor.weaver@providence.org Employer/Occupation:Senior Facilities Manager Select the the Board, Committee, Commission, or Work Group for which you are applying: Architectural/Engineering Review Board Other:Field not completed. Category:Field not completed. PLEASE ANSWER THE FOLLOWING Are you a Borough Resident? Yes If yes, for how long?13 Months Are you a registered voter? Yes *(Planning And Zoning Commissioners, Once Appointed, Will Be Required To Fill Out APOC Financial Disclosure Forms)* AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 259 of 337 Are You Willing To File APOC Financial Disclosure Forms? Yes BACKGROUND INFORMATION Please List Any Current Memberships Or Organization(S) You Belong To Or Participate In: American Society of Healthcare Engineering (ASHE) What Background, Special Training, Education, Experience, Or Credentials Do You Possess And Will Bring To Your Selection(S): Bachelor of Science Degree in Engineering and over 35 years of experience as an Engineer in various industries. Over 30 years of experience as a project manager working on numerous commercial construction projects in various industries. Why Are You Interested In Serving On The Selected Board, Committee, Commission, Or Work Group? Explain Your Main Reason For Applying. This May Include Information On Future Goals Or Projects You Wish To See Accomplished Or Any Additional Information That May Assist The Mayor And Assembly In The Decision-Making Process: I would like to get involved in the community and I have served on Planning and Zoning in Valdez, AK and Sitka AK. Since my background is Engineering I would like to serve on the Architectual and Engineering review board. I have a strong interest in the building and construction industry and I have over 30 years of experience reviewing engineering proposals and design drawings that I feel would be a valuable asset to the board. Additional Information, A Resume, Or Letter Of Interest May Be Uploaded But Is Not Required. Victor Weaver Resume Current 10.21.24.docx FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Yes AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 260 of 337 Resident of the Service Area: Field not completed. Date Provided to Mayor or Assembly: Field not completed. Email not displaying correctly? View it in your browser. AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 261 of 337 Rev. by LC On: 12/3/2024 PARKS AND RECREATION COMMITEE NAME TERM ENDS CONTACT NO. EMAIL 1 Brian Himelbloom PO Box 1866 2025 (907) 512-7070 (907) 486-0822 kayakadq@gmail.com 2 Ben Millstein 11188 Kalsin Dr. 2026 (907) 942-3083 (907) 486-2537 millstein.ben@gmail.com 3 Tracy Chandler 569 Leta St. 2025 (907) 539-1842 tracytchandler@gmail.com 4 VACANT 2027 5 James Arneson 3092 Spruce Cape Rd 2027 (907) 942-3403 jrarneson@gmail.com 6 Pisa Faumui 2320 Mill Bay Rd 2027 (907) 539-9595 faumui@gmail.com 7 Stephen Paulson 962 Mallard Way 2026 (907) 539-2077 stevepaulsonadq@gmail.com EX OFFICIOS NON-VOTING (KIBC 2.12.010) SEAT APPOINTEE CONTACT NO. EMAIL 1 Assembly Member Larry LeDoux PO Box 1042 (907) 486-4966 larry.ledoux@kibassembly.org 2 Planning and Zoning Commissioners Cort Neff PO Box 8592 (907) 512-7272 cort.neff@kibplanning.org Christopher Paulson (Alternate) 1118 Steller Way (907) 539-1973 christopher.paulson@kibplanning.org 3 City Parks & Rec Director Corey Gronn PO Box 9005 (907) 654-7559 (907) 486-8670 cgronn@city.kodiak.ak.us 4 State Park Ranger Ben Shryock 1400 Abercrombie Dr (907) 486-6339 benjamin.shryock@alaska.gov 5 School Rep STAFF: Chris French, AICP CDD Director (907) 486-9360 cfrench@kodiakak.us VACANT Associate Planner Bronwyn Currie CDD Permit Technician (907) 486-9363 bcurrie@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.120, Parks and Recreation Committee AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 262 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 263 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 264 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 265 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 266 of 337 Rev. by LC On: 12/3/2024 PLANNING AND ZONING COMMISSION NAME (4 BOROUGH SEATS) TERM ENDS CONTACT NO. EMAIL 1 Athenas Williamson 377 Neva Way 2027 (907) 539-2346 williamsonmaintenance@gmail.com 2 Cort Neff PO Box 8592 2027 (907) 512-7272 (907) 486-6248 Cort.neff@kibplanning.org 3 Craig Dagen 2222 Beaver Lake Dr. 2026 (626) 833-0348 craig.dagen@kibplanning.org 4 Sara Fraser 3239 Spruce Cape Road 2025 (907) 799-9282 sara.fraser@kibplanning.org NAME (3 CITY SEATS) TERM ENDS CONTACT NO. EMAIL 5 VACANT 2025 6 VACANT 2027 7 Tracy Craig 1616 Larch Street 2026 (907) 942-3507 tracy.craig@kibplanning.org Community Development Department Staff: Chris French, AICP CDD Director (907) 486-9360 cfrench@kodiakak.us VACANT Associate Planner James Dixon, Code Enforcement Officer (907) 486-9364 jdixon@kodiakak.us Bronwyn Currie CDD Permit Technician (907) 486-9363 bcurrie@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.105, Planning and Zoning Commission Adopted By-laws, Ratified date: April 17, 2017 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 267 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 268 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 269 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 270 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 271 of 337 NAME TERM ENDS CONTACT NO. EMAIL At-Large Seats 1 VACANT 2025 2 Lawrence Van Daele 3401 Antone Way 2025 (907) 654-8822 kodiaklarry@gmail.com 3 Andie Wall 1719 Selief Lane 2026 (907) 654-1443 Andie.w.wall@gmail.com 4 Judith Phillips 11240 Womens Bay Drive 2025 (907) 512-7410 judgejudyp@gmail.com 5 Leanna Harrington 838 Sargent Creek Rd 2027 (907) 942-7575 leannajharrington@gmail.com 2 Designated Seats Construction Business Representative 6 Douglas Hogen 3099 Spruce Cape Rd 2027 (907) 539-5407 (907) 486-4407 dlhogen@gmail.com Retail Business Representative 7 VACANT 2027 NAME (Ex Officios, Non-Voting) TERM ENDS CONTACT NO. EMAIL 1 Assembly Representative Dave Johnson 3073 Lakeview Dr. October 2025 (907) 491-1200 Dave.Johnson@kibassembly.org 2 KIB Staff Representative Dave Conrad (907) 486-9357 dconrad@kodiakak.us 3 USCG Representative Jennifer N. Nutt Environmental Division Chief (907) 487-5494 (907) 854-4514 Jennifer.n.nutt@uscg.mil 4 City of Kodiak Representative Corey Gronn PO Box 9005 (907) 654-7559 (907) 486-8670 cgronn@city.kodiak.ak.us 5 KHS Student Council Rep April 29 Annually STAFF: Engineering and Facilities Department E&F Director Dave Conrad (907) 486-9357 dconrad@kodiakak.us E&F Secretary Brian Price (907) 486-9343 bprice@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.145, Solid Waste Advisory Board By-laws adopted and ratified on June 2, 2010 Rev. by IA 11/22/2024 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 272 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 273 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 274 of 337 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Application Form Date:Tuesday, November 12, 2024 9:51:38 AM Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Full Name Douglas Hogen Physical Address Where you Claim Residency: 3099 Spruce Cape rd. Kodiak ,Alaska 99615 Phone Number(s) (numeric only): 9075395407 Email Address(s):dlhogen@gmail.com Employer/Occupation:Retired Bui;lding Contracter Select the the Board, Committee, Commission, or Work Group for which you are applying: Solid Waste Advisory Board Other:Field not completed. Category:Field not completed. PLEASE ANSWER THE FOLLOWING Are you a Borough Resident? Yes If yes, for how long?46 years Are you a registered voter? Yes *(Planning And Zoning Commissioners, Once Appointed, Will Be Required To Fill Out APOC Financial Disclosure Forms)* AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 275 of 337 Are You Willing To File APOC Financial Disclosure Forms? No BACKGROUND INFORMATION Please List Any Current Memberships Or Organization(S) You Belong To Or Participate In: I am now on Solid Waste Advisory board What Background, Special Training, Education, Experience, Or Credentials Do You Possess And Will Bring To Your Selection(S): Carpentry. construction, business owner operator, commercial fishing . Two years carpentry schooling (trade school early 1970's) Why Are You Interested In Serving On The Selected Board, Committee, Commission, Or Work Group? Explain Your Main Reason For Applying. This May Include Information On Future Goals Or Projects You Wish To See Accomplished Or Any Additional Information That May Assist The Mayor And Assembly In The Decision-Making Process: To promote recycling, conserve land fill capacity, help plan waste stream Additional Information, A Resume, Or Letter Of Interest May Be Uploaded But Is Not Required. Field not completed. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Yes AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 276 of 337 Resident of the Service Area: Yes Date Provided to Mayor or Assembly: Field not completed. Email not displaying correctly? View it in your browser. AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 277 of 337 Rev. by LC On: 12/3/2024 NAME TERM CONTACT NO. EMAIL 1 Mark Anderson 1124 Stellar Way 2027 (907) 481-1020 Landmark58@gmail.com 2 Bryan Ferris 3408 Harlequin Court 2026 (907) 654-2813 bferris@alaska.net 3 Lee Robbins PO Box 1426 2027 (907) 539-8866 Lcrobbins13@hotmail.com 4 Robert Tucker PO Box 524 2025 (907) 539-1051 Btucker61@hotmail.com 5 Jerrol Friend PO Box 175 2026 (907) 539-1975 jerrol@friendcontractors.com ALTERNATES 1 Jascha Zbitnoff PO Box 9012 2026 (907) 486-3215 (907) 942-3215 jascha@brechan.com 2 VACANT 2025 STAFF: KIBC 3.35.050 (E) The clerk is the ex officio clerk of the board. Nova M. Javier, MMC Borough Clerk (907) 486-9310 njavier@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.100.030 Appointments – members are appointed by the Assembly Kodiak Island Borough Code 3.35.050 (A) Membership – five regular members and two alternates Kodiak Island Borough Code 3.35.050 (D)(1) Quorum consists of four members Kodiak Island Borough Code 3.35.050 (D)(2) Voting – requires concurring vote of three members AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 278 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 279 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 280 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 281 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 282 of 337 Rev. by LC On: 04/21/2023 NAME TERM ENDS CONTACT NO. EMAIL 1 Craig Johnson PO Box 207 2026 (907) 486-5000 (907) 486-2020 (907) 654-7712 craig.h.johnson@raymondjames.com 2 Alan Wolf PO Box 791 2027 (907) 942-0247 (907) 486-0486 elkehound@gmail.com 3 Randy Ensign PO Box 3133 2025 (907) 539-2350 (907) 486-5350 randyensign53@gmail.com 4 Dan Beehler 2376 Mission Road 2027 (907) 654-7109 907outlawconstructionllc@gmail.com 5 David Zimmerman 2145 Spruce Haven Lane 2025 (405) 426-2895 sutliffhw@gmail.com ENGINEERING STAFF: David Conrad E&F Director (907) 486-9340 dconrad@kodiakak.us Brian Price E&F Secretary (907) 486-9343 bprice@kodiakak.us LEGISLATION: Kodiak Island Borough Code 4.130, Mission Lake Tidegate Service Area AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 283 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 284 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 285 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 286 of 337 AGENDA ITEM #14.D.2. Confirmation Of Mayoral And Assembly Appointments To The Different Board...Page 287 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Assembly Appointment To The Bayview Road Service Area Board Of Mr. Erik Grupp ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to confirm the Assembly appointment of Mr. Erik Grupp to the Bayview Road Service Area Board for a term to expire October 2026. DISCUSSION: On November 10, 2024, an application was received from Mr. Erik Grupp. There are currently two vacant seats on the Bay View Road Service Area Board, and this appointment will assign Mr. Grupp to a vacant seat which will expire in October 2026. The application was forwarded to the service area members. Mr. Roberts expressed that they had no objection to Mr. Grupp joining the board and encouraged the assembly to approve the appointment. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 4.15.040 Vacancies D. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 288 of 337 From:Kodiak375 To:Irene Arellano; Jim Carmichael Cc:Clerks Subject:Re: Erik Grupp Bayview Road Service Area Board Application Date:Tuesday, November 12, 2024 9:16:33 AM Irene, We support Erik Group and urge the Borough Assembly to appoint him to the Bay View Road Service Board. Frederick Roberts Yahoo Mail: Search, Organize, Conquer On Tue, Nov 12, 2024 at 8:59 AM, Irene Arellano <iarellano@kodiakak.us> wrote: Dear Jim and Fred, We wanted to inform you that we have received the application from Erik Grupp, which is attached. According to KIBC 4.15.040(E), you have the opportunity to nominate someone to fill the vacancy. We plan to address this appointment during the regular meeting on December 19. If we don’t receive any feedback from you by November 27, we will take it as an indication that you have no objections to Mr. Grupp’s appointment. Thank you, Irene Arellano Assistant Clerk Kodiak Island Borough, Office of the Borough Clerk AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 289 of 337 710 Mill Bay Road, Rm 234 Kodiak, AK 99615 Phone 907-486-9314 Email: iarellano@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 290 of 337 AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 291 of 337 AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 292 of 337 AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 293 of 337 Rev. by IA 11/15/2024 NAME TERM ENDS CONTACT NO. EMAIL 1 Jim Carmichael PO Box 2545 2025 (206) 321-6395 jim@jecarmichael.com 2 Fred Roberts PO Box 8530 2027 (907) 539-1571 kodiak375@yahoo.com 3 Sean Rauwolf 2900 Bayview Dr 2027 (907) 942-0196 sean@premierkodiak.com 4 VACANT 2026 5 VACANT 2025 LEGISLATION: Kodiak Island Borough Code 4.90, Bay View Road Service Area AGENDA ITEM #14.D.3. Confirmation Of Assembly Appointment To The Bayview Road Service Area Bo...Page 294 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pruitt) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to accept, with regret, the resignation of Ms. Terri Pruitt on the Solid Waste Advisory Board effective November 11, 2024, and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D). DISCUSSION: The Clerk's Office received Ms. Terri Pruitt's resignation letter on November 11, 2024. We would like to extend our gratitude to Ms. Pruitt for her valuable contributions to the Board. Her departure will result in a vacancy that is set to expire in December 2025. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.100.070 Vacancies. D. In the event of a vacancy on a board, committee, or commission for any reason other than the normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term by KIBC 2.100.030. AGENDA ITEM #14.D.4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pru...Page 295 of 337 From:Terri Pruitt To:Irene Arellano Subject:Re: T. Pruitt FW: Not Renewing Date:Wednesday, November 27, 2024 5:27:19 AM Yes. I would like to resign. Sorry for the miscalculation. Terri Pruitt On Tue, Nov 12, 2024 at 10:13 AM Irene Arellano <iarellano@kodiakak.us> wrote: Hi Terry, We received your letter in the mail, and after reviewing the attached roster, it looks like your term does not expire until December 2025. Could you kindly confirm if this is your resignation notice? Thank you, Irene Arellano Assistant Clerk Kodiak Island Borough, Office of the Borough Clerk 710 Mill Bay Road, Rm 234 Kodiak, AK 99615 Phone 907-486-9314 Email: iarellano@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Tuesday, November 12, 2024 8:41 AM To: Clerks <Clerks@kodiakak.us> Cc: Brian Price <bprice@kodiakak.us> Subject: T. Pruitt FW: Not Renewing AGENDA ITEM #14.D.4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pru...Page 296 of 337 Good morning, Below please see Terri’s non-renewal of her seat on SWAB. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 pvalerio@kodiakak.us Ph.907-486-9341 Fx.907-486-9394 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Terri Pruitt <vizhunz@gmail.com> Sent: Monday, November 11, 2024 9:39 AM To: Dave Conrad <dconrad@kodiakak.us>; Patricia Valerio <pvalerio@kodiakak.us>; Jena Hassinger <jhassinger@kodiakak.us>; Brian Price <bprice@kodiakak.us>; andie.w.wall@gmail.com; dlhogen@gmail.com; kodiaklarry@gmail.com Subject: Not Renewing Hi Everyone, I have thoroughly enjoyed my time on the Solid Waste Advisory Board, but I have decided to take a break. I will not be renewing my membership for 2025. You now have plenty of new members to make a quorum so I take my leave with a light heart. I will be traveling for the Nov. meeting and I'm going to miss the last meeting in December AGENDA ITEM #14.D.4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pru...Page 297 of 337 NAME TERM ENDS CONTACT NO. EMAIL At-Large Seats 1 VACANT 2025 2 Lawrence Van Daele 3401 Antone Way 2025 (907) 654-8822 kodiaklarry@gmail.com 3 Andie Wall (Chair) 1719 Selief Lane 2026 (907) 654-1443 Andie.w.wall@gmail.com 4 Judith Phillips 11240 Womens Bay Drive 2025 (907) 512-7410 judgejudyp@gmail.com 5 Leanna Harrington 838 Sargent Creek Rd 2024 (907) 942-7575 leannajharrington@gmail.com 2 Designated Seats Construction Business Representative 6 Douglas Hogen 3099 Spruce Cape Rd 2024 (907) 539-5407 (907) 486-4407 dlhogen@gmail.com Retail Business Representative 7 Kimberly Olson PO Box 940 2024 (910) 987-3622 olsonkdo@gmail.com NAME (Ex Officios, Non-Voting) TERM ENDS CONTACT NO. EMAIL 1 Assembly Representative Dave Johnson 3073 Lakeview Dr. October 2025 (907) 491-1200 Dave.Johnson@kibassembly.org 2 KIB Staff Representative Dave Conrad (907) 486-9357 dconrad@kodiakak.us 3 USCG Representative Jennifer N. Nutt Environmental Division Chief (907) 487-5494 (907) 854-4514 Jennifer.n.nutt@uscg.mil 4 City of Kodiak Representative Corey Gronn PO Box 9005 (907) 654-7559 (907) 486-8670 cgronn@city.kodiak.ak.us 5 KHS Student Council Rep April 29 Annually STAFF: Engineering and Facilities Department E&F Director Dave Conrad (907) 486-9357 dconrad@kodiakak.us E&F Secretary Brian Price (907) 486-9343 bprice@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.145, Solid Waste Advisory Board By-laws adopted and ratified on June 2, 2010 Rev. by IA 11/22/2024 AGENDA ITEM #14.D.4. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Terri Pru...Page 298 of 337 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2024 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. Kent Cross) ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to accept, with regret, the resignation of Mr. Kent Cross on the Planning and Zoning Commission effective November 26, 2024, and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D). DISCUSSION: Mr. Kent Cross was initially appointed in January 2019 and has served on the Commission for the past five years. The Kodiak Island Borough extends its gratitude to Mr. Cross for his significant contribution to the Commission and his dedication to the community. This resignation will result in a vacancy that is set to expire in December 2025. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.100.070 Vacancies. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. AGENDA ITEM #14.D.5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. ...Page 299 of 337 From:Lina Cruz To:rmsak@acsalaska.net Cc:Christopher French; Clerks; Bronwyn Currie Subject:RE: P&Z Attendance Date:Tuesday, November 26, 2024 10:57:25 AM Good morning, Kent, I’m sorry to hear that your work schedule is preventing you from attending regular meetings. I want to express my gratitude for your dedication and the hard work you've contributed to our community through the years. Your time and commitment to the Planning and Zoning Commission over the years have been greatly appreciated and truly invaluable. Could you kindly verify the effective date of your resignation from the Planning and Zoning Commission? This information will help us schedule the presentation to the Assembly accordingly. Thank you. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Faxlcruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Bronwyn Currie <bcurrie@kodiakak.us> Sent: Monday, November 25, 2024 4:38 PM To: rmsak@acsalaska.net Cc: Christopher French <cfrench@kodiakak.us>; Clerks <Clerks@kodiakak.us> Subject: RE: P&Z Attendance Good afternoon Mr. Cross, First, I would like to say thank you for the efforts you’ve put forth towards our community and the Commission. You have given much of your time to volunteer and sit on the Planning and Zoning Commission. I hope you know how much it has been appreciated by both staff and the other Commissioner’s. Second, I have cc’d both Chris and the Clerks office for any further communication’s that you may AGENDA ITEM #14.D.5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. ...Page 300 of 337 have to have. This just ensures that we are all looped into what is going on and what the next steps are that need to be taken. I enjoyed getting to know you and wish you the best in the future! Best, Bronwyn Currie CDD Permit Technician 907-486-9363 Kodiak Island Borough 710 Mill Bay Road From: rmsak@acsalaska.net <rmsak@acsalaska.net> Sent: Monday, November 25, 2024 4:27 PM To: Bronwyn Currie <bcurrie@kodiakak.us> Subject: Re: P&Z Attendance Bronwyn, Regretfully, the best decision is for me to resign my city seat on the Planning and Zoning Commission. I had intended on resigning in September but Scott Arndt convinced me to stay on. The reason then is the same as now, my work schedule that requires I work off-island for weeks at a time just doesn't allow me to participate in regular meetings as much as is required to be an active, engaged member. I've enjoyed the years I've been honored to serve but it's time to face reality and let someone else assume the seat. It's particularly unfortunate at this time because it's such a good group of folks on the commission with excellent leadership and staff to guide the process. Please forward this to whomever needs to see this and please read it at the next meeting if you think it's appropriate. Kent Cross AGENDA ITEM #14.D.5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. ...Page 301 of 337 Rev. by LC On: 10/22/2024 NAME (4 BOROUGH SEATS) TERM ENDS CONTACT NO. EMAIL 1 Linnea Johnson 3695 Puffin Circle 2024 (907) 299-7119 Linnea.johnson@kibplanning.org 2 Cort Neff PO Box 8592 2024 (907) 512-7272 (907) 486-6248 Cort.neff@kibplanning.org 3 Craig Dagen 2222 Beaver Lake Dr. 2026 (626) 833-0348 craig.dagen@kibplanning.org 4 Sara Fraser (Vice-Chair) 3239 Spruce Cape Road 2025 (907) 799-9282 sara.fraser@kibplanning.org NAME (3 CITY SEATS) TERM ENDS CONTACT NO. EMAIL 5 Kent Cross PO Box 3164 2025 (907) 942-3189 Kent.cross@kibplanning.org 6 Christopher Paulson (Chair) 1118 Steller Way 2024 (907) 539-1973 Christopher.paulson@kibplanning.org 7 Tracy Craig 1616 Larch Street 2026 (907) 942-3507 tracy.craig@kibplanning.org Community Development Department Staff: Chris French, AICP CDD Director (907) 486-9360 cfrench@kodiakak.us VACANT Associate Planner James Dixon, Code Enforcement Officer (907) 486-9364 jdixon@kodiakak.us Bronwyn Currie CDD Permit Technician (907) 486-9363 bcurrie@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.105, Planning and Zoning Commission Adopted By-laws, Ratified date: April 17, 2017 AGENDA ITEM #14.D.5. Declaring A City Seat Vacant On The Planning and Zoning Commission (Mr. ...Page 302 of 337 The Cook Inlet Regional Citizens Advisory Council held its regular meeting December 5th and 6th in Anchorage. During the first day of meetings, the Council approved the special election of Brent Johnson. Mr. Johnson will represent the Commercial Fishing group on the Board. He brings more than 50 years of knowledge and experience in the local fishing community and has served on the Kenai Peninsula Borough Assembly since 2014 and currently serves as Assembly President. We are excited to welcome him to the Council. On Friday, the Council received updates from several of its Ex-Officio members, including the US Coast Guard. Captain Christopher Culpepper, Commanding Officer Sector Western Alaska and US Arctic, explained some changes coming to USCG stations in Homer and Seward. Current-generation Cutters stationed there will be decommissioned and replaced with newer, 154-foot vessels along with larger crews. Those staffing changes are expected to happen early next year. Givey Kochanowski, Alaska Regional Director for the Bureau of Ocean Energy Management (BOEM) spoke to the Council about the Bureau’s environment program, intended to provide decision makers with the appropriate science to ensure offshore energy production happens safely and responsibly. He noted new studies and pilot projects within the National Energy Laboratory focused on renewable sources, such as wind, tidal, and wave, all of which have potential in Cook Inlet. Those programs focus on integrating marine and social sciences, biology, and traditional knowledge. Cook Inlet Spill Prevention and Response, Inc. (CISPRI) General Manager Todd Paxton gave an update on his organization’s plans for potentially replacing one of its primary response vessels, the Perseverance. That 207-foot ship, built in 1976, could be replaced by a new or repurposed vessel. CISPRI has also recently updated its registration as a primary contractor to provide Oil Spill Response Organization (OSRO) services beyond Cook Inlet. The Council also heard reports from the National Oceanic and Atmospheric Administration (NOAA). Alaska Sea Ice Coordinator Michael Lawson gave an overview of the Cook Inlet Ice Camera Network, and how it’s deployed in forecasting models and its importance in observation and data-gathering. CIRCAC staff developed the idea for and established the network nearly 20 years ago. One of the many planning and response improvements adopted after the grounding of the Seabulk Pride in 2006 was to provide real-time views of ice conditions. The network now includes nine cameras positioned at strategic points from the mouth of the Kenai River to the Don Young Port of Alaska. NOAA’s Alaska Regional Preparedness Coordinator and Scientific Support Coordinator for the Alaska Regional Response Team, Liza Sanden made the Council aware of new virtual training opportunities for Shoreline Cleanup and Assessment Techniques (SCAT) coming up in the Spring. Scott Arndt, representing the Kodiak Island Borough Update from the Board of Directors Cook Inlet Regional Citizens Advisory Council AGENDA ITEM #18.A. Cook Inlet Regional Citizens Advisory Council Director's Report of Mayor...Page 303 of 337 Steve Ribuffo, Port Director for the Don Young Port of Alaska in Anchorage updated the Council on the facility’s Petroleum and Cement Terminal construction. Completed in 2022, that terminal represents part of a long term modernization plan that is being completed in phases. In 2025, work will continue on Phase II – North Extension Stabilization, which will expand the port’s capacity in the future. Other work will include demolition and replacement of cargo terminals and a second North Extension Stabilization project. The Council also heard an operations update from Captain Jeff Brue, Global Marine Operations Manager for Marathon Petroleum. The Council will hold its Annual Meeting on April 4th in Kenai. AGENDA ITEM #18.A. Cook Inlet Regional Citizens Advisory Council Director's Report of Mayor...Page 304 of 337 AGENDA ITEM #18.B. Womens Bay Service Area Board Regular Meeting Minutes of November 5, 202...Page 305 of 337 AGENDA ITEM #18.B. Womens Bay Service Area Board Regular Meeting Minutes of November 5, 202...Page 306 of 337 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting – November 18 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda, as submitted. APPROVED: Motion to approve the consent Agenda to include: • Grants Summary Report APPROVED: Motion to acknowledge the receipt of the October Report of Revenues and Expenditures, with Year-to-Date General Fund Revenues in the amount of $15,069,242.12 and Year-to-Date General Fund Expenditures in the amount of $13,423,794.61. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District’s website at www.kibsd.org. AGENDA ITEM #18.B. Womens Bay Service Area Board Regular Meeting Minutes of November 5, 202...Page 307 of 337 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 1 BOROUGH RECORDS DISPOSAL REPORT Department Record Series Total Retention Created Destroy Series & Description Format Records Location PERSONNEL MANAGEMENT PE-02 & PE-09 TOTAL: 1 Yr. FY2009 FY2025 EMPLOYMENT APPLICATIONS/ ELIGIBLE LISTS Recruitment files to include applications, interview notes, and summaries 2009-2019. CONFIDENTIAL Paper HR Office COMMUNITY DEVELOPMENT CD-10 TOTAL: 15 Yrs. FY2009 FY2025 PLANNING AND ZONING COMMISSION Agendas, public hearing records, and items presented to the commission for action. Paper E-7-09 COMMUNITY DEVELOPMENT CD-23 TOTAL: 15 Yrs. FY2009 FY2025 PARKS AND RECREATION COMMITTEE Agenda packets and correspondence relating to Borough recreational activities. Paper E-6-10 MAYORS' OFFICE MA-01 TOTAL: 10 Yrs. FY2014 FY2025 MAYOR'S READING FILES Copies of outgoing Letters and memorandums, arranged by date Paper I-4-03 FINANCE FI-06 TOTAL: 7 Yrs. FY2017 FY2025 JOURNAL VOUCHERS - ACCOUNTING REPORTS Journals and Back-Up FY2017 (07-01-2016 thru 01-30-2017) Paper A-4-01 FINANCE FI-06 TOTAL: 7 Yrs. FY2017 FY2025 JOURNAL VOUCHERS - ACCOUNTING REPORTS Journals and Back-Up FY2017 (02-01-2017 thru 06-30-2017) Paper A-4-02 FINANCE FI-07 TOTAL: 7 Yrs. FY2017 FY2025 PROPERTY TAX ACCOUNTING Revenue Posts for .Net and PACS FY2017 - This box also contains FI-19 FY2017) Paper A-2-03 (shared box) AG E N D A I T E M # 1 8 . C . Pa g e 3 0 8 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 2 FINANCE FI-07 TOTAL: 7 Yrs. FY2017 FY2025 PROPERTY TAX ACCOUNTING PACS Reconciliation - This box also contains FI-36 Investment JE buy/sell orders reconciliation, FI-43 Central Treasury Reconciliation and In Kind, and FI-33 Baler Reports Paper H-6-06 (shared box) FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Copies of invoices, checks issued, and requests for payments. Vendors "D-J" CONFIDENTIAL Paper A-4-03 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Finance Vendors "M-P" Copies of invoices, checks issued, and requests for payment. CONFIDENTIAL Paper A-5-03 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE FY2017 (07-01-2016 thru 06-30-2017 CONFIDENTIAL Paper A-5-04 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE July 2016 - February 2017 Copies of invoices, checks issued, and requests for payment. CONFIDENTIAL Paper A-5-05 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Copies of Invoices, checks issued, and requests for payments. CONFIDENTIAL Paper A-5-12 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Finance Vendors "Q-V" (07-01-2016 thru 06- 30-2017) CONFIDENTIAL Paper B-3-09 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Vendors Beginning with "A" Copies of invoices, checks issued, and requests for payment. CONFIDENTIAL Paper B-5-09 AG E N D A I T E M # 1 8 . C . Pa g e 3 0 9 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 3 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE AP copies of invoices and checks issued K-L. CONFIDENTIAL Paper B-6-10 FINANCE FI-13 TOTAL: 7 Yrs. FY2017 FY2025 ACCOUNTS PAYABLE Aflac, Wage Works, AK Electrical, ICMA, MassMutual, Standard, Assurant This box also contains FI-22 Workers Compensation, FI-22 Terminated Employees CONFIDENTIAL Paper H-6-05 (shared box) FINANCE FI-15 TOTAL: 7 Yrs. FY2017 FY2025 DAILY RECEIPT RECORDS Cash receipts filed in daily business envelope w/bank deposit slips remit advice portion of checks, utility bills receipts, and printout of tax payments. October 10 thru November 15, 2016 Paper A-2-06 FINANCE FI-15 TOTAL: 7 Yrs. FY2017 FY2025 DAILY RECEIPT RECORDS Cash receipts filed in daily business envelope w/bank deposit slips remit advice portion of checks, utility bills receipts, and printout of tax payments. July thru August 14, 2016 Paper A-5-06 FINANCE FI-15 TOTAL: 7 Yrs. FY2017 FY2025 DAILY RECEIPT RECORDS AR - Daily Records Paper A-6-01 FINANCE FI-15 TOTAL: 7 Yrs. FY2017 FY2025 DAILY RECEIPT RECORDS Cash receipts filed in daily business envelope w/bank deposit slips remit advice portion of checks, utility bills receipts, and printout of tax payments. November 16 thru June 30, 2017 Paper A-7-02 FINANCE FI-19 TOTAL: 7 Yrs. FY2017 FY2025 BANK RECONCILIATION STATEMENTS Bank-Check Posting Reconciliation FY2017 Also contains FI-19 FY2017 Paper A-2-03 (shared box) AG E N D A I T E M # 1 8 . C . Pa g e 3 1 0 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 4 FINANCE FI-22 TOTAL: 7 Yrs. FY2017 FY2025 EMPLOYEE CASE FILES Employee Insurance and Employees terminated in FY2017. CONFIDENTIAL Paper F-7-08 FINANCE FI-22 TOTAL: 7 Yrs. FY2017 FY2025 EMPLOYEE CASE FILES Workers Compensation Reports, This box also contains FI-13 Aflac, WageWorks, AK Electrical, ICMA, MassMutual, Standard, Assurant and Terminated Employees CONFIDENTIAL Paper H-6-05 (shared box) FINANCE FI-27 Total: 3 Yrs. FY2021 FY2025 PAYROLL BACKUP RECORDS Timesheets FY2021. CONFIDENTIAL Paper Records Room FINANCE FI-28 TOTAL: 7 Yrs. FY2017 FY2025 PURCHASE ORDERS Purchase Orders July 16- June 17 Paper A-6-07 FINANCE FI-29 TOTAL: 7 Yrs. FY2017 FY2025 FEDERAL AND STATE EMPLOYMENT TAXES 941's, ESC Reports, W-2's, PERS - This box also contains FI-45 Land Sale Payments tracking for Botz Lansdale. CONFIDENTIAL Paper H-6-04 (shared box) FINANCE FI-33 TOTAL: 7 Yrs. FY2017 FY2025 BALER MONTHLY ACCOUNTING REPORTS Copies of bills, aging report, credit/debit Paper F-7-06 (shared box) FINANCE FI-33 TOTAL: 7 Yrs. FY2017 FY2025 BALER MONTHLY ACCOUNTING REPORTS Baler Monthly Accounting Reports, copy of bills, aging report, credit and debit memos, payment reports - This box also contains FI- 07 PACS Reconciliation, FI-36 Investment JE buy/sell orders, FI-43 Central Treasury Reconciliation and In Kind Paper H-6-06 (shared box) AG E N D A I T E M # 1 8 . C . Pa g e 3 1 1 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 5 FINANCE FI-36 TOTAL: 7 Yrs. FY2017 FY2025 FUND INVESTMENT RECORDS Investment JE buy/sell orders reconciliation - This box also contains FI-43 Central Treasury Reconciliation and In Kind, FI-33 Baler Monthly Reports, and FI-07 PACS Reconciliation Paper H-6-06 (shared box) FINANCE FI-39 TOTAL: 7 Yrs. FY2017 FY2025 SEVERANCE, TRANSIENT, EXCISE AND FISH TAXES Severance Taxes. CONFIDENTIAL Paper F-6-06 (shared box) FINANCE FI-39 TOTAL: 7 Yrs. FY2017 FY2025 SEVERANCE, TRANSIENT, EXCISE AND FISH TAXES Severance Taxes. CONFIDENTIAL Paper F-7-06 (shared box) FINANCE FI-43 TOTAL: 7 Yrs. FY2017 FY2025 SCHOOL DISTRICT ACCOUNTING RECORDS Central Treasury Reconciliation and In-Kind - This box also contains FI-33 Baler Reports, FI-07 PACS Reconciliation, FI-36 Investment JE buy/sell orders reconciliation Paper H-6-06 (shared box) FINANCE FI-45 TOTAL: 7 Yrs. FY2017 FY2025 LAND SALE PAYMENTS Payment Tracking for Botz Lansdale - This box also contains FI-29 (Confidential Records) 941s, ESC Reports, W-2s, and PERS. CONFIDENTIAL Paper H-6-04 (shared box) FINANCE FI-48 Total: 3 Yrs. FY2018 FY2019 FY2020 FY2021 FY2025 TRAVEL ACCOUNTING Travel Authorizations and backup documentation for all Borough-related travel. FY2018-FY2021. 7/2017–6/2021. CONFIDENTIAL Paper Records Room BOROUGH CLERKS CL- 12 Total: 3 Yrs. From End Of Term FY2018 FY2024 OATHS OF OFFICE Oaths of office for elected and appointed municipal officials. Paper Deputy Clerk’s Office AG E N D A I T E M # 1 8 . C . Pa g e 3 1 2 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 6 BOROUGH CLERKS CL-01 Total 3 Yrs. FY2020 FY2024 BOROUGH CLERK’S OFFICE- GENERAL CORRESPONDENCE Mayor, Assembly, and Clerk’s office incoming and outgoing correspondence of a general nature. Electronic Clerk’s Drive BOROUGH CLERKS CL-06 CL-06 Onsite: 5 Yrs. Total: 5 Yrs. FY2018 FY2024 ASSEMBLY MEETING AUDIO AND VIDEO RECORDINGS Audio and video recordings of Assembly meetings are used to prepare written minutes only. The minutes will serve as the official record for meetings. Electronic ICompass Document Center & Clerk’s Drive BOROUGH CLERKS CL- 12 Total: 3 Yrs. From End Of Term FY2018 FY2024 OATHS OF OFFICE Oaths of office for elected and appointed municipal officials. Paper Deputy Clerk’s Office BOROUGH CLERKS CL-14 CL-14 Onsite: 10 Yrs. FY2013 FY2024 PUBLICATIONS AND ADVERTISING Publications of meetings, public hearings, and other related Assembly business advertised in the “Borough News Page” and local newspaper. May contain copies of affidavits of publications, Electronic flyers, radio psa documents, and social media posts. Electronic Clerk’s Drive BOROUGH CLERKS CL-16 Total: 1 Yr. FY2022 FY2024 STATE LICENSES, LIQUOR AND MARIJUANA Liquor license and marijuana applications and backup information. This series documents the processing of liquor and marijuana licenses in cooperation with the Alcohol and Marijuana Control Office. Note: The documentation for borough licensing of marijuana businesses is filed in the Finance Department. Electronic Clerk’s Drive AG E N D A I T E M # 1 8 . C . Pa g e 3 1 3 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 7 BOROUGH CLERKS CL-20 Total: 5 Yrs. FY2019 FY2024 BOARDS, COMMITTEES, AND COMMISSIONS AUDIO (Including AD-HOC) Boards, Committees, And Commissions Audio Audio recordings of regular and special meetings held by boards, commissions, and committees of the Borough. Electronic ICompass Document Center BOROUGH CLERKS BC-22 BC-22 now CL-13 Total: Permanent in LF 1986 thru 1993 FY2025 BOROUGH CODE Code, replaced pages, and supplements. Paper I-2-11 BOROUGH CLERKS BC-22 BC-22 now CL-13 Total: Permanent in LF 1974 thru 1985 FY2025 BOROUGH CODE Code, replaced pages, and supplements. Paper I-4-11 BOROUGH CLERKS BC-22 BC-22 now CL-13 Total: Permanent in LF 1994 thru 1998 FY2025 BOROUGH CODE Code, replaced pages, and supplements. Paper I-4-10 BOROUGH CLERKS BC-22 BC-22 now CL-13 Total: Permanent in LF 1999 thru FY2016 FY2025 BOROUGH CODE Code, replaced pages, and supplements. Paper I-4-09 BOROUGH CLERKS BC-24 BC-24 now CL-14 Total: 10 Yrs. FY2010 FY2021 PUBLICATIONS Publications of meetings, public hearings, and Assembly business advertised in the “Borough News Page” or other special advertisements in the local newspaper. May contain copies of affidavits of publications. Paper E-5-06 BOROUGH CLERKS BC-24 BC-24 now CL-14 Total: 10 Yrs. FY2012 FY2023 PUBLICATIONS Publications of meetings, public hearings, and Assembly business advertised in the “Borough News Page” or other special advertisements in the local newspaper. May contain copies of affidavits of publications. Paper E-2-04 AG E N D A I T E M # 1 8 . C . Pa g e 3 1 4 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 8 BOROUGH CLERKS BC-43 BC-43 TOTAL: 6 Yrs. FY2022 FY2024 STATE LICENSES, LIQUOR AND MARIJUANA Liquor license and marijuana applications and backup information. This series documents the processing of liquor and marijuana licenses in cooperation with the Alcohol and Marijuana Control Office. Note: new series and retention is CL-16 TOTAL: 1 YR. Electronic. Paper Deputy Clerk’s Office BOROUGH CLERKS BC-44 BC-44 Discontinued KIHAB minutes, findings, & members. Paper E-4-03 BOROUGH CLERKS BC-46 BC-46 Total: Permanent FY2019 FY2020 FY2020 FY2021 PLAT/STATE RECORDER INFORMATION LOG Plat log details, property owner, plat location, date filed, and plat no. assigned by the State Recorder’s office. Also includes miscellaneous documentation recorded by the State. SEE CL\U-Indexes folder for permanent tracking of Assembly actions. Electronic Only Scan the annual log into LF at the end of every fiscal year for permanent records. Dispose of backup documentation after one (1) year. Paper Deputy Clerk’s Office BOROUGH CLERKS BC-51 BC-51 Total: 6 Yrs. FY2015 FY2016 FY2017 FY2018 FY2024 LICENSES, GAMES Games of Chance and Skill permit applications. Paper Deputy Clerk’s Office BOROUGH CLERKS BC-56 BC-56 Total: 6 Yrs. FY2014 FY2021 PETITIONS For initiatives, referenda, and recalls filed by private citizens or groups. Paper Deputy Clerk’s Office BOROUGH CLERKS BC-67 BC-67 Onsite: 2 Yrs. Total: Permanent in LF FY2020 FY2022 BOARDS, COMMITTEES, AND COMMISSION MINUTES Regular and special meeting minutes held by boards, committees, and commissions of the Borough. Includes all service area boards. Paper Deputy Clerk’s Office AG E N D A I T E M # 1 8 . C . Pa g e 3 1 5 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 9 BOROUGH CLERKS BC-69 BC- 69 Total: 5 Yrs. FY2015 FY2016 FY2017 FY2018 FY2019 FY2021 FY2022 FY2023 FY2024 FY2025 BOARDS, COMMITTEES, AND COMMISSIONS Board members' applications, affirmations, acknowledgments, notices, of appointments, resignations, and correspondence. Includes all service area boards. Paper Deputy Clerk’s Office BOROUGH CLERKS BC-71 BC-71 Total: 6 Yrs. FY2014 FY2015 FY2016 FY2017 FY2018 FY2021 FY2022 FY2023 FY2024 FY2025 LOBBYIST Lobbyist employer activities, reports of activities to APOC. The file includes copies of the contract, APOC quarterly reports, and status reports. Paper Deputy Clerk’s Office ELECTIONS EL-04 EL-04 Onsite: 5 Yrs. FY2017 FY2018 FY2024 ELECTIONS – GENERAL Initiative, referendum, and recall files. Declarations of candidacy Certificates of Election APOC financial disclosure files. Election contest and recount petition documentation Paper & Electronic Clerk’s Drive ELECTIONS EL-03 EL-03 ONSITE: CERTIFICATION PLUS 30 DAYS FY2016 FY2021 ELECTIONS – OPERATIONAL Precinct, special needs, and questioned registers Voter roll, tally books, machine tapes Ballot testing Election official records Precinct notebook documentation Absentee by-mail spreadsheet Consists of the following registers: precinct, final voting, questioned voter, personal representative, and absentee voter. Paper & Electronic Deputy Clerk’s Office ELECTIONS EL-03 EL-03 ONSITE: CERTIFICATION PLUS 30 DAYS FY2023 FY2025 ELECTIONS – OPERATIONAL Ballot testing Election official records Paper & Electronic Deputy Clerk’s Office AG E N D A I T E M # 1 8 . C . Pa g e 3 1 6 o f 3 3 7 PRESENTED TO THE ASSEMBLY On December 19, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1219 BOROUGH RECORDS DISPOSAL REPORT.docx 10 ELECTIONS EL-02 EL-02 ONSITE: CERTIFICATION PLUS 30 DAYS FY2024 FY2025 ELECTIONS – VOTED BALLOTS Completed, challenged, and rejected ballots. Absentee, special needs, and questioned ballots Absentee by-mail voting ballots Voted, unvoted, spoiled, ballots stubs, and ballot envelopes Paper Records Room ELECTIONS EL-03 EL-03 ONSITE: CERTIFICATION PLUS 30 DAYS FY2024 FY2025 ELECTIONS – OPERATIONAL Precinct, special needs, and questioned registers Voter roll, tally books, machine tapes Ballot testing Election Officials Records Precinct notebooks documentation Absentee by-mail ballot spreadsheet Paper & Electronic Deputy Clerk’s Office AG E N D A I T E M # 1 8 . C . Pa g e 3 1 7 o f 3 3 7 Lease and Material Sales Agreement Page 1 of 9 LEASE AND MATERIAL SALES AGREEMENT THIS AMENDMENT NO. 2 TO THE LEASE and MATERIAL SALES AGREEMENT dated July 1, 2010 is made this 1st day of January, 2025 by and between the Kodiak Island Borough (“Landlord” or “KIB”), a borough organized under the laws of the state of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615, and Brechan Construction, LLC (“Tenant” or “BRECHAN”), a limited liability company organized under the laws of the state of Alaska, whose address is 2705 Mill Bay Road, Kodiak, AK 99615. RECITALS WHEREAS, the KIB and BRECHAN’s predecessor in interest, Brechan Enterprises, Inc., entered into a ten (10) year Lease and Material Sales Agreement July 1, 2010, under which BRECHAN is authorized to conduct gravel mining operations on the KIB’s land, paying appropriate rental, taxes, and royalty to the KIB for the gravel removed; and, WHEREAS, the Parties agreed to assignment of the Lease and Material Sales Agreement to BRECHAN in 2012; and, WHEREAS, the Lease and Material Sales Agreement included the option for extending the lease term twice, for a period of five (5) years each, or a total of ten (10) years; and, WHEREAS, the Parties amended the Lease and Material Sales Agreement on June 19, 2019, to extend the term of the Lease for the initial five-year extension until December 31, 2024; and, WHEREAS, BRECHAN has indicated its desire to renew the lease for the second of the two, five (5)year extensions; and, WHEREAS, the Lease and Material Sales Agreement included stipulations regarding gravel mining operations, a State of Alaska Department of Natural Resources approved Reclamation Plan, and a Stormwater Pollution Prevention Plan which were incorporated by reference; and, WHEREAS, the State of Alaska Department of Natural Resources approved Reclamation Plan covered the operating period 2010 thorough 2020; and, WHEREAS, the covered period of the approved Reclamation Plan expired in 2020 however it has remained active with the State of Alaska Department of Natural Resources; and, WHEREAS, the Parties now desire to further amend and restate the Lease and Material Sales Agreement to extend the term for the second five (5) year extension until December 31, 2029, and to provide for update of the State of Alaska Department of Natural Resources approved Reclamation Plan. Corrected Version AGENDA ITEM #18.D. Page 318 of 337 Lease and Material Sales Agreement Page 2 of 9 For and in consideration of the covenants, rents and demises, and upon the terms and conditions set forth in this agreement, the Parties agree to amend the Lease and Material Sales Agreement to be restated as follows: 1. Premises. Landlord hereby lets, leases and demises to Tenant the real estate particularly described as follows: Tracts B1, B2, B3 and B4A, Bells Flats Alaska Subdivision, generally according to Plat 69-4 (as to Tract B), located in the Kodiak Recording District, Third Judicial District, State of Alaska. Also known as 12247, 125361 and 12583 Middle Bay Drive and 12027 Bells Flats Road (“the premises”). Tenant, upon paying the rents, and performing all of the terms and covenants required by this agreement, shall peaceably and quietly enjoy the premises subject nevertheless, to the terms of this agreement. 2. Term of Lease. The term of this agreement shall be for the period of five (5) years following the commencement of the term, unless sooner terminated as provided in this agreement. The lease term shall commence on January 1, 2025 (“the anniversary date”), and shall expire at 5:00 P.M., prevailing Alaska Time on December 31, 2029. Brechan must give written notice of its desire to renew this agreement no less than one year prior to the end of the then current term. 3. Rental. In consideration of the demise and leasing of the premises Tenant agrees to pay to Landlord as rental for the premises an annual sum adjusted each June 1st for the following year determined as follows: the prime rate plus 2.0% (as an indication of conventional commercial mortgage rate), but not less than six percent (6%), of the appraised value. Rental will be paid in advance, on or before the first day each month of the lease term. All rent shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Unit Price for Materials. Consistent with KIBC Chapter 18.60, BRECHAN is also granted the right to purchase gravel by this agreement. BRECHAN shall bear the cost of and shall provide the volume determination according to KIBC 18.60.040. The volume determination shall be in units of tons which shall be calculated at the rate of one and seven tenths (1.7) tons per cubic yards. BRECHAN shall pay for this gravel the unit price as determined by the Assembly under KIBC 18.60.060 (the “royalty”). BRECHAN shall submit to KIB on an annual basis and not less than thirty days prior to the anniversary date of this agreement, the volume determination of the gravel removed from the premises and the royalty payment. KIB reserves the right but is not obligated to make its own volume determination of the gravel removed from the premises. In the event BRECHAN fails to pay for the gravel forty-five (45) days after the anniversary date of this agreement, a penalty of 10% of the amount due shall be assessed. Interest shall accrue on the amount due including the penalty at the rate of twelve percent (12%) per year from the due date. AGENDA ITEM #18.D. Page 319 of 337 Lease and Material Sales Agreement Page 3 of 9 5. Alteration of Premises. Except for Tenant’s gravel mining operations which are to be conducted consistent with this Lease, Tenant shall not make any alterations, additions, or improvements to the premises without first obtaining the written consent of the Borough Manager or designee. Any such alterations, additions and improvements consented to by the Borough Manager or designee shall be made at Tenant’s expense and only after Tenant has secured all required governmental permits. Tenant shall hold Landlord harmless from all liability and liens resulting from the approved work. All alterations, additions and improvements are subject to the terms of KIBC 18.40.140 and Section 3.1.3 (Equipment/Debris Removal) of the Reclamation Plan. The Parties agree that the approved Reclamation Plan shall be treated as extended and shall remain in effect until replaced with an updated approved Reclamation Plan. Tenant shall, within six (6) months of execution of this Amendment No. 2, provide KIB with an updated Department of Natural Resources approved Reclamation Plan substantially similar to the original Reclamation Plan which covers the extended term of the Lease and Material Sales Agreement. BRECHAN’s obligations to perform the Reclamation Plan shall survive expiration of the term of this Lease, and the security for performance, as provided for in Section 28, shall be maintained until the Reclamation Plan is fully performed. 6. Use of Premises. The premises shall be used as support for Tenant’s extraction, remanufacturing and removal of gravel from the premises (generally referred to as “gravel mining”) and for no other purpose, without the prior written consent of the Borough Manager or designee. Tenant shall not use or permit the premises or any part thereof to be used for any purpose in violation of any borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant shall comply with all laws affecting the property and its gravel mining operation. Tenant agrees that it, together with all other persons entering and/or occupying the premises at its request or with its permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the protection of the surrounding habitat and residential areas. The violation of any such rules and regulations shall be deemed a material breach of this agreement by Tenant. Tenant shall use, operate and/or install any electrical or mechanical equipment, machinery, or mechanical devices on the premises in compliance with the highest standards applicable to the premises, or to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged. Tenant expressly agrees to comply with the list of stipulations on attached Exhibit A, which are incorporated into and made part of this agreement. 7. Taxes. Tenant shall pay any and all real property taxes based on its possessory interest in the premises, taxes levied on personal property and trade or other fixtures on the premises, severance taxes associated with its resources extracted or produced from the premises, and license and excise fees and occupation taxes covering business conducted on the premises. 8. Utilities. Tenant shall provide at its expense all utilities and services used on the premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of any utilities or services. AGENDA ITEM #18.D. Page 320 of 337 Lease and Material Sales Agreement Page 4 of 9 9. Maintenance and Repairs. As this is a lease of land, Landlord has no duty to maintain or repair the premises. Tenant shall, at its expense, maintain and repair the premises. Tenant shall commit no waste of any kind in or about the premises, and Tenant shall pay for all damage to the premises caused by Tenant’s misuse or neglect of the premises. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant’s equipment or other personal property or to Tenant’s business except to the extent attributable to Landlord’s negligence. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the premises. Nor shall Landlord be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said premises, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the operation or use of any of the premises by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 10. Fire and Other Casualty. As this is a lease of land, Landlord has no duty to protect the premises from damage by fire or other casualty. Tenant acknowledges that it must protect its machinery and equipment from damage by fire or other casualty. There will be no reduction in rent in the event that Tenant’s machinery and/or equipment is damaged by fire or other casualty. 11. Subletting and Assignment. Tenant shall not sublet the premises, or any part thereof, or assign this agreement or any part thereof, nor shall this agreement be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Borough Manager or designee to such subletting or assigning; any such assignment or sublease without Borough Manager or designee’s written consent shall be void. Any merger, consolidation, or dissolution to which Tenant is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this agreement for purposes of this paragraph. 12. Indemnification. Tenant shall defend and indemnify Landlord from and against any and all claims, liabilities, or losses of any type arising out of Tenant’s occupancy and use of the premises together with reasonable attorney’s fees and all costs and expenses incurred by Landlord in negotiating, settling, defending and otherwise acting as a result of such claims. Landlord shall promptly notify Tenant of any loss or claim and shall tender defense of such claim to Tenant prior to negotiating, settling, or defending such claim. 13. Insurance. Tenant, at its sole expense, shall keep or cause to be kept in force for the mutual benefit of Landlord and Tenant comprehensive broad form general public liability insurance coverage against claims and liability for personal injury, death or property damage arising from the use, occupancy, disuse, or condition of the premises, improvements, or adjoining areas or ways. This insurance shall provide coverage of at least $2,000,000 aggregate, $1,000,000 per occurrence, $2,000,000 for products/operations and $1,000,000 for personal and advertising. Landlord shall be an additional named insured in such policy or policies. Such policy or policies AGENDA ITEM #18.D. Page 321 of 337 Lease and Material Sales Agreement Page 5 of 9 shall be written by a responsible insurance company or companies satisfactory to Landlord and licensed to do business in Alaska. All such policies shall be nonassessable and shall contain language to the effect that (1) any loss shall be payable notwithstanding any act or negligence of Landlord that might otherwise result in a forfeiture of the insurance; (2) the insurer waives the right of subrogation against Landlord; (3) the policies are primary and noncontributing with any insurance that may be carried by Landlord; and (4) they cannot be cancelled or materially changed except after thirty (30) days’ notice by the insurer to Landlord. Maintenance of insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under paragraph 13, above. If Tenant fails or refuses to procure or maintain the required insurance or fails to provide Landlord with the required proof of insurance and that it is in force and paid for, Landlord may, at Landlord’s election and without notice, procure and maintain such insurance, or may terminate this agreement without liability upon written notice to Tenant. Any premiums paid by Landlord shall be treated as an added fee due from Tenant with interest at twelve per cent (12%) per year, to be paid on demand. 14. Liens. Tenant will not permit any mechanics’, laborers’ or material men’s liens to stand against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant’s agents in connection with work of any character performed or claimed to have been performed on the premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant’s own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the premises, including liens arising out of, incident to, or connected with the use and occupation of the premises by Tenant. 15. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent, royalty or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after failure to make payment; or (b) Fail to observe or perform any of Tenant’s other covenants, agreements or obligations required by this agreement or the attached exhibits (the list of stipulations (Exhibit A), the Reclamation Plan dated May 12, 2010 (Exhibit B) as updated incompliance with section 5 of this Lease, all of which are incorporated herein by reference), and if within thirty days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or AGENDA ITEM #18.D. Page 322 of 337 Lease and Material Sales Agreement Page 6 of 9 (c) Fail to mine gravel from the premises for any twelve (12) month period; (d) If Tenant has filed a Petition under Chapter 11 or the Bankruptcy Act, or a voluntary petition under any other provision of the Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt of insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant’s insolvency; or (3) has itself appointed as a debtor-in-possession; or (4) has a trustee appointed for it after a petition has been filed for tenant’s reorganization under the Bankruptcy Act of the United States or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord’s intention to terminate this agreement and all Tenant’s rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this agreement and all rights granted Tenant hereunder shall come to an end as fully as if this agreement then expired by its own terms, and Tenant hereby covenants peaceably and quietly to yield up and surrender to Landlord the premises, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant’s rights hereunder or its interest therein. In the event of termination of this agreement as in this paragraph provided, Landlord shall have the right to repossess the premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this agreement, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. 16. Notices. Any and all notices required or permitted under this agreement, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: AGENDA ITEM #18.D. Page 323 of 337 Lease and Material Sales Agreement Page 7 of 9 LANDLORD: TENANT: Kodiak Island Borough Brechan Construction, LLC 710 Mill Bay Road 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 17. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this agreement or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney’s fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney’s fees incurred or paid by such party in connection with such litigation. 18. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this agreement, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy sh all be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 19. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 20. Inspection. Landlord shall at all reasonable times during Tenant’s business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put “to lease” or “for lease” signs in and about the premises, and to show the premises to prospective tenants, during the last sixty (60) days of this agreement term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraphs 3 or 16 of this agreement. 21. Notices of Nonresponsibility. Landlord may enter the premises at any time for the purpose of posting notices of nonresponsibility. 22. Successors in Interest. This agreement shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 23. Holding Over. In the event that Tenant holds over at or after the end of the term, the tenancy shall be deemed a month-to-month tenancy commencing on the first day of the holdover period. AGENDA ITEM #18.D. Page 324 of 337 Lease and Material Sales Agreement Page 8 of 9 24. Signs. Other than “no trespassing” signs and signs necessary for the compliance with regulatory requirements, Tenant agrees that no other sign or signs shall be installed on the premises without the written consent of Landlord. 25. Memorandum of Lease. Tenant agrees that it will not record this agreement. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this agreement, in such form as may be satisfactory to their respective attorneys. 26. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this agreement for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion, the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 27. Construction of Lease. This agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this agreement shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 28. Performance Bond. As required by KIBC 18.60.070 a performance bond in an amount determined by the Manager to be necessary is required to protect Landlord’s interest and ensure satisfactory compliance with this agreement and the Reclamation Plan (Exhibit B). Once the KIB has accepted the Reclamation Plan as having been completed and all equipment of BRECHAN removed the required performance bond security may be released to BRECHAN. 29. Condemnation. If the premises shall be taken or condemned for any public purpose to such an extent as to render the premises untenantable, this agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturbance. This agreement and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the premises or any part thereof (except the property of Tenant), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust (“encumbrances”). AGENDA ITEM #18.D. Page 325 of 337 Lease and Material Sales Agreement Page 9 of 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____ day of __________________, 2024. TENANT: BRECHAN CONSTRUCTION, LLC By: ________________________________ Don Kashevaroff, CEO of Seldovia Native Association Its Managing Member SUBSCRIBED AND SWORN to before me by _______________________ this _____ day of ____________, 2024, at Kodiak, Alaska. ___________________________________ Notary Public in and for Alaska My Commission expires: ______________ LANDLORD: THE KODIAK ISLAND BOROUGH ____________________________________ Aimee Williams, Borough Manager ATTEST: _________________________________ Borough Clerk, Nova Javier SUBSCRIBED AND SWORN to before me by _______________________ this _____ day of ____________, 2024, at Kodiak, Alaska. ___________________________________ Notary Public in and for Alaska My Commission expires: ______________ AGENDA ITEM #18.D. Page 326 of 337 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9310 Email: clerks@kodiakak.us December 20, 2024 Alcoholic Beverage Control Board C/O Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: Protest and Request for Revocation of Restaurant Eating Place License #2611 Dear Alcoholic Beverage Control Board Members, The Kodiak Island Borough (KIB) Assembly formally protests the continued operation of Restaurant Eating Place License (REPL) #2611, held by Sizzler Burger/Peking Restaurant, and respectfully requests the revocation of this license for the second year of its biennial license period. This request is based on the findings of the Clerk’s Office investigation, which are outlined below: • Both the Building Official and the Assessing Director have objected to the continued use and operation of this license, as the business is no longer operating at the licensed address. • On September 6, 2024, the KIB Assembly submitted a letter to the ABC Board requesting the revocation of this license. The reasons for this request are stated in the letter. • On October 24, 2024, the City of Kodiak submitted a letter protesting the continued use and operation of this license. The reasons for their objection are outlined in the letter. Given these findings, the KIB Assembly respectfully requests that the ABC Board revoke Restaurant Eating Place License #2611, held by Sizzler Burger/Peking Restaurant. The license is currently listed as “temporarily surrendered” due to the loss of its operational location. Kodiak has only four available REPL licenses, with the current licensee holding two, neither of which are active. These licenses have been inactive for several years, which has posed challenges to the economic development of Kodiak. Other businesses in Kodiak are eager to obtain REPL licenses to support their operations. However, License #2611, one of the two held by the licensee, remains unused. The KIB is committed to fostering economic growth in our community, and we strongly advocate for the revocation of this license to allow other businesses the opportunity to utilize an active REPL license. AGENDA ITEM #18.D. Page 327 of 337 Thank you for considering our letter and we hope that this would serve as a formal record of our intent. Sincerely, Scott Arndt, Mayor AGENDA ITEM #18.D. Page 328 of 337 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9310 Email: clerks@kodiakak.us December 20, 2024 Alcoholic Beverage Control Board C/O Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: Protest and Request for Revocation of Restaurant Eating Place License #3293 Dear Alcoholic Beverage Control Board Members, The Kodiak Island Borough (KIB) Assembly, pursuant to AS 4.11.480 and 3 AAC 305.085(a), formally protests the continued operation of Restaurant Eating Place License (REPL) #3293, held by Second Floor Restaurant, and respectfully requests the revocation of this license for the second year of its biennial license period. The underlying basis for the Borough’s protest was communicated to the licensee by letter dated November 20, 2024, and an opportunity for an informal hearing on the protest was held on December 19, 2024. This request is based on the findings of the Clerk’s Office investigation, which are outlined below: • Both the Building Official and the Assessing Director have objected to the continued use and operation of this license, as the business is no longer operating at the licensed address. Additionally, the business location has been converted to another use and is non-compliant with building code requirements having been renovated without permits and is reported by the Fire Marshal to be non-compliant with fire inspection requirements. • On September 6, 2024, the KIB Assembly submitted a letter to the ABC Board requesting the revocation of the other license Ms. Yun currently possess (License #2611). The reasons for this request are stated in that letter, a copy of which is attached. • On October 24, 2024, the City of Kodiak submitted a letter protesting the continued use and operation of license #2611. The reasons for their objection are outlined in the letter. Those concerns are ongoing. Given these findings, the KIB Assembly respectfully requests that the ABC Board revoke Restaurant Eating Place License #3293, held by Second Floor Restaurant. Kodiak has only four available REPL licenses, with the current licensee holding two, neither of which are active. These licenses have been inactive for several years, which has posed challenges to the economic development of Kodiak. AGENDA ITEM #18.D. Page 329 of 337 Other businesses in Kodiak are eager to obtain REPL licenses to support their operations. However, License #3293, one of the two held by the licensee, remains unused. The KIB is committed to fostering economic growth in our community, and we strongly advocate for the revocation of this license to allow other businesses the opportunity to utilize an active REPL license. Thank you for considering our letter and we hope that this would serve as a formal record of our intent. Sincerely, Scott Arndt, Mayor AGENDA ITEM #18.D. Page 330 of 337 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular ✓ Special Convened: Recessed: Reconvened: Date: Adjourned: BY: SECOND: Jr/1 � BY: R S SECOND: S S \ p 0 oil BY: 7� (7 SECOND: 6 -S V BY: N/� SECOND: (v',,I�a Ala. 6 awZ y - 3 e ma-hvr? -�w P�V/- BY:.� 6 SECOND: SS (Iovv ( C4- NO Fy aalo YES NO.. YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin.y ✓ Mr. Griffin Mr. Johnson Mr. Johnson ✓ Mr. Johnson Mr. Johnson Mr. Johnson-k . ux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley ✓ Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: ki I I TOTAL: J 1 T TOTAL: TOTAL: 16 I 1 TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt ✓ Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular / Special Convened: (o: 3 0 12, W, Recessed: Reconvened: Date: / ;P, Adjourned: BY: SECOND: SS Fydo1_s - 3 � BY: I` S SECOND: (if - Q , QU S BY: SECOND: ISi- PaA — ��s� �- d -� � Goa �h ' BY: SECOND: ZyNd PCAr�— �� f -For �e cf CroSS V ►.ol.e �� N� � i ar c S ed, �� 1 01000 BY: PS SECOND: IZS �aSP 1 Mr. Ames YES NO Mr. Ames YES NO Mr. Ames YES ✓ NO Mr. Ames YES NO ES NO Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin V4 Mr. Johnson Mr. Johnson V", Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley.1 Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: I k I O I TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular ✓ Special Convened: 6 `3i p) BY: S & SECOND: S S Gin "& No PY �-Oz5 -3 & Date: I2 Recessed: rel. Reconvened: ' Adjourned: BY: � 6 SECOND: S6 Fy207,5 -3?- BY: SECOND: S BY: S 6 SECOND: SS BY: S SECOND: S� YES NO YES NO YES NO YES NO YES NO Mr. Ames ✓ Mr. Ames Jz—Mr. Ames ✓ Mr. Ames Mr. Ames Mr. Griffin ✓ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson r. LdDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley ✓ Mr. Smiley Mr. Smiley Mr. Smiley �r Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: S TOTAL: Fb TOTAL: 0 TOTAL: O TOTAL: 5 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt n KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET i Regular ✓ Special Convened: &, 30 P • wl. Recessed: Reconvened: Date: Z Adjourned: BY: '-T & SECOND: %LS prd -irtcmceNo FY ao 257 — / / BY: DJ' SECOND: SS BY: S & SECOND: S� BY: 6 SECOND: SS� ��, �SSe�►6l`/ BY: 5, C� SECOND: SS YES. N YES NO YES NO YES NO O Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnsor,�. Mr. L Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside COULD TOTAL: ANYONE LIKE TO CHANGE THEIR VOTE? WOULD_ ANYONE LIKE TO CHANGE THEIR VOTE . TOTAL: TOTAL: Tb p 1 TOTAL: I b I C) I TOTAL: o The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt jfl KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular `' Special Convened: IO: 0 0, yo Recessed: Reconvened: Date: I P- 2 Adjourned: ►'✓� BY: S 6 SECOND: S S BY: SECOND: S S BY: 3-6 SECOND: SS BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. Sharratt* Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley ✓ Mr. Smiley ,� ✓ Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside V111Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: 0 O 1 TOTAL: I b 10 1 TOTAL: I I I TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt L I Mayor Arndt Mayor ArndtF-T Mayor Arndt I 0 AGENDA ITEM #18.D. Page 336 of 337 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Kodiak Island Borough Assembly Newsletter Vol. FY2025, No. 12 December 20, 2024 At Its Regular Meeting Of December 19, 2024, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, January 16, 2025, At 6:30 p.m. In The Borough Assembly Chambers. RESCINDED The Authorization For The Borough Manager To Award Contract No. FY2024-38 With Otis Elevator Company For Elevator Maintenance Services At The Kodiak Fisheries Research Center AUTHORIZED The Borough Manager To Execute Contract No. FY2010-36B, Amendment No. 2, Lease And Material Sales Agreement With Brechan Construction, LLC For The Lease And Operation Of The Property Commonly Known As The Bells Flats Gravel Pits AUTHORIZED The Borough Manager To Award Contract No. FY2025-35, Base Bid For The Mental Health Buildings Demolition And Abatement With Far North Services, LLC In The Amount Of $1,310,000. POSTPONED INDEFINITELY Contract No. FY2025-35, Alternate #1 Bid For Red Cross Underground Storage Tank Removal For The Proposed Amount Of $80,000 With Far North Services, LLC AUTHORIZED The Borough Manager To Approve Contract No. FY2025-36, Authorization For The Design Of Needed Pool Repairs With Water Technologies Inc. In The Amount Of $88,900 AUTHORIZED The Borough Manager To Approve Contract No. FY2025-37, Authorization To Purchase PFAS Free Turnouts With Municipal Equipment Supply (MES) In The Amount Of $171,340 AUTHORIZED The Borough Manager To Approve Contract No. FY2025-38, Authorization To Purchase An Electronic Time And Attendance Solution With TimeClock Plus, LLC (TCP) In The Amount Not To Exceed $25,000 AUTHORIZED The Borough Manager To Approve Contract No. FY2025-39, For the Purchase Of A Bobcat With Craig Taylor Company In The Amount Of $61,708.82 Plus The Cost Of Freight, Insurance, And Maintenance Parts ADVANCED Ordinance No. FY2025-09, Amending Kodiak Island Borough Code Title 17 Zoning, Chapter 205 Amendments And Changes, Section 17.205.055 Submission To Assembly To Require Submission Of All Rezone Requests To The Assembly For Review To Public Hearing At The Next Regular Meeting Of The Assembly POSTPONED INDEFINITELY Ordinance No. FY2025-11, Amending Various Sections Of The Kodiak Island Borough Code Title 17 To Include Defined Intent And Development Standards For Accessory Dwelling Units To Public Hearing During The Assembly’s Regular Meetings Scheduled For January 16, 2025, And February 6, 2025 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough VOICED PROTEST To The Continued Operation Of Restaurant And Eating Place License (REPL) #2611 (Sizzler Burger/Peking Restaurant) And REPL #3293 (Second Floor Restaurant) During The Second Year Of Their Biennial License Period, For The Reasons Identified In The Clerk’s Investigation, And DIRECTED The Borough Clerk To Advise The Alcoholic Beverage Control Board Of This Objection And Request For The Revocation Of Both Licenses CONFIRMED The Mayoral Appointments Of The Following To The Different Boards, Committees, And Commissions: • Jon Melin and Doug Mathers for terms to expire December 31, 2027, and Victor Weaver for a term to expire December 31, 2026, on the Architectural & Engineering Review/Building Code of Appeals • James Arneson and Pisa Faumui for terms to expire December 31, 2027, on the Parks and Recreation Committee • Athenas Williamson and Cort Neff for terms to expire December 31, 2027, on the Planning and Zoning Commission Borough seats • Leanna Harrington to the At Large seat for a term to expire December 31, 2027, and Douglas Hogen to the Construction Business Representative seat for a term to expire December 31, 2027, on the Solid Waste Advisory Board And Assembly appointments of the following: • Mark Anderson and Lee Robbins for terms to expire December 31, 2027, on the Citizens Board of Equalization • Alan Wolf and Dan Beehler for terms to expire December 31, 2027, on the Mission Lake Tidegate Service Area CONFIRMED The Assembly Appointment of Mr. Erik Grupp to the Bayview Road Service Area Board for a term to expire October 2026 ACCEPTED The Resignation Of Ms. Terri Pruitt On The Solid Waste Advisory Board Effective November 11, 2024, And DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code 2.100.070 (D). Declaring A Seat Vacant On The Solid Waste Advisory Board ACCEPTED The Resignation Of Mr. Kent Cross On The Planning And Zoning Commission Effective November 26, 2024, And DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code 2.100.070 (D)