2018-08-16 Regular Meeting
AGENDA ITEM #5.A.
KODIAK ISLAND BOROUGH
Assembly Special Meeting
July 12, 2018
CITIZENS COMMENTS
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
ADJOURNMENT
AGENDA ITEM #5.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 19, 2018
APPROVAL OF AGENDA AND CONSENT AGENDA
*APPROVAL OF MINUTES
CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
AWARDS AND PRESENTATIONS
AGENDA ITEM #5.A.
COMMITTEE REPORTS
PUBLIC HEARING
AGENDA ITEM #5.A.
Clerk’s historical note:
AGENDA ITEM #5.A.
AGENDA ITEM #5.A.
AGENDA ITEM #5.A.
AGENDA ITEM #5.A.
BOROUGH MANAGER'S REPORT
MESSAGES FROM THE BOROUGH MAYOR
UNFINISHED BUSINESS
AGENDA ITEM #5.A.
NEW BUSINESS
Contracts
AGENDA ITEM #5.A.
Resolutions
AGENDA ITEM #5.A.
Ordinances for Introduction
Other Items
AGENDA ITEM #5.A.
CITIZENS' COMMENTS
ASSEMBLY MEMBERS' COMMENTS
Announcements
AGENDA ITEM #5.A.
EXECUTIVE SESSION
ADJOURNMENT
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 16, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.C.1.
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-07
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10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING
11 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE,
12 CHAPTER 3.10 PUBLIC FINANCE- MANAGEMENT AND ACCOUNTING, BY REPEALING
13 SECTION 3.10.140 FERN FULLER FUND
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27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
28 BOROUGH THAT:
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30 Section 1:
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35 Chapter 3.10
36 PUBLIC FINANCE –MANAGEMENT AND ACCOUNTING
37 Section:
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83 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
84 THIS __________ DAY OF _______________, 201X.
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AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 16, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.C.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 16, 2018
ASSEMBLY REGULAR MEETING
AGENDA ITEM #13.C.2.
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-08
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10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHPLACING A
11 TEMPORARY MORATORIUM ON THE ENFORCEMENT OF EXISTING VIOLATIONS OF
12 TITLE 17 (ZONING) OF THE BOROUGH CODE FOR ALL PROPERTIES LOCATED WITHIN
13 THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY
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79 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
80 BOROUGH THAT:
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AGENDA ITEM #13.C.2.
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98 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
99 THIS __________ DAY OF _______________, 2018.
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AGENDA ITEM #13.C.2.
AGENDA ITEM #2.c.
Kodiak Island Borough
Community Development Department
Memorandum
Date:
To:
From:
RE:
AGENDA ITEM #13.C.2.
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AGENDA ITEM #13.C.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 16, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.C.3.
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-09
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10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHPLACING A
11 TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN
12 KIBC TITLE 17 (ZONING) LAND USE APPLICATIONSFOR PROPERTIESLOCATED WITHIN
13 THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY.
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70 BOROUGH THAT:
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94 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
95 THIS __________ DAY OF _______________, 2018.
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AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.B.1.
Kodiak Island Borough
Engineering & Facilities Department
Projects Office
710 Mill Bay Road• Kodiak, Alaska 99615
Phone (907) 486-9210 • Fax (907) 486-9347
TO: Mayor and Assembly
FROM: Matt Gandel, Project Manager/Inspector
CC: Michael Powers, Borough Manager
Phil Kovacs, E/F Director
Dave Conrad, Assistant E/F Director
RE: Projects Status Report for Period Ending July 31, 2018
BALER BUILDING ROOF AND SIDING REPLACEMENT
This project is replacement of the metal roof and siding at the Baler Building with a new insulated panel
system as well as other exterior improvements (doors, windows, canopies, etc.) Friend Contractors LLC
is the contractor and as of the end of July 2018 had removed the existing incinerator stack, interior
insulation, and started installing new doors. Due to scheduling issues the insulated metal panels being
installed at the roof and walls are not expected to arrive on site until late summer which will affect the
scheduled completion date of August 30, 2018.
CHINIAK AND KARLUK CONTAMINATED SOIL REMOVAL
There is contaminated soil remaining at Chiniak School and Karluk School following the closure of
underground fuel tanks in 2013 and 2014. Staff worked with the Alaska Department of Environmental
Conservation (ADEC) to obtain approval to landfarm the contaminated soil at both locations rather than
have to transport it off island for disposal. B&R Fish By Products is the contractor, and completed the
work in Chiniak in June 2018. The work at Karluk is scheduled to start August 8, 2018. Once both
landfarms are complete they will need to be tilled and retested periodically until they are below ADEC
cleanup levels.
CHINIAK TSUNAMI SHELTER AND LIBRARY
Work is continuing to replace the Chiniak Tsunami Shelter and Library that was destroyed in the 2015
Twin Creeks fire. The design is for a single-story building with a kitchen area, restroom, shower room,
and a large open space for community meetings or sheltering purposes. The project was issued for bid
on February 20, 2018, and on April 19, 2018, the Assembly voted to exercise local preference and
awarded the contract to Friend Contractors LLC, as well as authorizing staff to proceed with construction
of a new well to supply water to the facility and Chiniak School. The new well was drilled in June 2018
and Friend Contractors started excavation at the end of July 2018.
EAST ELEMENTARY INTERIOR RENOVATION
This project was included on the list of bond projects approved by voters in 2014, and is for replacement
of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. The project was split
into two phases: Phase 1 included renovation of existing restrooms and was completed in September
2017. Phase 2 is for hazardous material abatement and installation of new flooring, cabinets,
countertops, and doors, and is currently under construction. Cornerstone General Contractors is the
AGENDA ITEM #18.B.1.
contractor and started construction on June 4, 2018. As of the end of July 2018 new flooring and doors
were 100% complete, and new cabinets were 90% complete. The completion date is August 10, 2018,
but it looks like the project will be completed a few days ahead of schedule.
Cabinet Installation Corridor FlooringCafeteria Flooring
PAVING (KMS/PETERSON) AND UST REPLACEMENT (KMS)
This project was included on the list of bond projects approved by voters in 2014, and is for removal of
the underground storage tank (UST) and installation of a new aboveground tank at Kodiak Middle School
(KMS), and paving of the parking lot at Peterson Elementary and behind KMS. Brechan Construction LLC
is the contractor and began construction May 29, 2018. As of the end of July the parking lot at KMS had
been completed. Installation of the new fuel tank is scheduled to be complete by August 3, 2018. At
Peterson the excavation/backfill, storm drain installation, and new curbs and gutters have been
completed, and paving was 75% complete.
Kodiak Middle School
Paving Underway Completed Paving/Striping New Fuel Tank
Peterson Elementary School
Completed Rough Grading New Curb/Gutter Paving Underway
Project Status Report – July 2018 Page 2
AGENDA ITEM #18.B.1.
UST REPLACEMENT – MAIN, OLD HARBOR, PORT LIONS
This project was included on the list of bond projects approved by voters in the 2014 election, and is for
removal of underground storage tanks (UST) at Main Elementary, Old Harbor, and Port Lions and
installation of new aboveground tanks at Main and Port Lions. (Old Harbor already has a new
aboveground tank.) Golden Alaska Excavating is the contractor and started construction at Main
Elementary on May 29, 2018. The UST at Main was removed on June 4, 2018, and the UST at Port Lions
was removed on July 23, 2018 – no contamination was found at either site. The new tanks at both
schools are scheduled to be installed in early August 2018. The work at Old Harbor is currently on hold
due to a conflict with a GCI satellite dish in the same location as the UST. Staff is working with the School
District and GCI to relocate the dish so the work can be completed as planned. Staff is also discussing the
possibility of adding closure of the UST at Larsen Bay School to the scope of this project. Closure of this
UST would mean there are no more UST’s at school buildings.
Excavation at Port LionsNew tank at Port LionsNew fence posts at Main
KODIAK MIDDLE SCHOOL BOILER ROOM REMODEL
This project is replacement of the remaining fuel oil boiler at Kodiak Middle School (KMS) as well as
replacement of all the boiler room equipment – pumps, domestic water supply, hot water heater, etc.
Staff recently received approval from the Alaska Department of Education and Early Development to
redirect excess funds from recently completed bond projects to fund the boiler room work. RSA Engineers
visited the site in June 2018 to document existing conditions and discuss the proposed design with KIB and
KIBSD staff. RSA has provided 95% design documents and a meeting of the Architectural/Engineering
Review Board is scheduled for August 6, 2018. The project is scheduled to be put out for bid in fall 2018,
with construction planned for summer 2019.
Project Status Report – July 2018 Page 3
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
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Kodiak Island Borough
Assembly Regular Meeting Guidelines
August 16, 2018, 6:30 p.m., Borough Assembly Chambers
PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put
them on vibrate.
1. INVOCATION
Major Dave Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE — Mayor Rohrer.
3. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly member Schroeder who is
absent due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA AND THE CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine and non -controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the consent agenda and considered in its normal sequence on
the agenda. All items in yrellow are consent agenda items.
Recommended motion: Move to approve the agenda and the consent agenda.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES
* Special Meetings Minutes Of July 12, 2018 and Regular Meeting Minutes Of July 19,
2018.
6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
7. AWARDS AND PRESENTATIONS — FY2018 Budget -To -Actual Year End Review —
Dora Cross, Finance Director.
Kodiak Island Borough Assembly Guidelines
August 16, 2018 Page 1
8. COMMITTEE REPORTS
9. PUBLIC HEARING — None.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. Contracts — None.
B. Resolutions — None.
C. Ordinances For Introduction
1. Ordinance No. FY2019-07 To Amend Kodiak Island Borough Code Of
Ordinances Title 3, Revenue And Finance, Chapter 3.10 Public Finance -
Management And Accounting, By Repealing Section 3.10.140 Fern Fuller Fund.
Recommended Motion: Move to advance Ordinance No. FY2019-07 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Ordinance No. FY2019-08 Placing A Temporary Moratorium On The
Enforcement Of Existing Violations Of Title 17 (Zoning) Of The Borough Code
For All Properties Located Within The Corporate Limits Of The City Of Larsen
Bay.
Recommended Motion: Move to advance Ordinance No. FY2019-08 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 16, 2018 Page 2
3. Ordinance No. FY2019-09 Placing A Temporary Moratorium On The Acceptance
And Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For
Properties Located Within The Corporate Limits Of The City Of Larsen Bay.
Recommended Motion: Move to advance Ordinance No. FY2019-09 to
public hearing at the next regular meeting of the Assembly.
Staff Report —Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION
D. Other Items — None.
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Agenda Items not scheduled for public hearing and general comments.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
15. ASSEMBLY MEMBERS' COMMENTS
Announcements
The next Assembly work session is scheduled on Thursday, August 30, 2018 at 6:30
p.m. in the School District Conference Room. The next regular meeting is scheduled on
Thursday, September 06, 2018 at 6:30 p.m. in the Borough Assembly Chambers.
The Notice of Public Meetings and assembly meeting agendas are available on the KIB
website, posted on the KIB Facebook page, and are also posted at the library, Safeway,
and Borough building. For those who do not have internet, you may call the Borough
meeting notification line at 486-9315.
The Primary Absentee -In -Person voting is on going in the Clerk's office from 9 a.m. to 4
p.m until August 20. Primary election will be on August 21, 2018. Polls will be open from
7 a.m. to 8 p.m.
Kodiak Island Borough Assembly Guidelines
August 16, 2018 Page 3
16. EXECUTIVE SESSION
A. Discuss Litigation Tactics and Strategies with the Borough Attorney Concerning the
Al Timber Litigation Against the Kodiak Island Borough.
Recommended motion: Move to convene into executive session to discuss
litigation tactics and strategies with the Borough Attorney concerning the Al
Timber Litigation against the Kodiak Island Borough.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Borough Mayor, Assembly, Borough
Attorney, Borough Manager, and Clerk's Office Staff into executive session.
VOICE VOTE ON MOTION.
After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Rohrer reconvenes the regular
meeting and announces:
• The Assembly discussed litigation tactics and strategies with the Borough Attorney
concerning the Al Timber Litigation against the Kodiak Island Borough.
• No action is to be taken as a result of the executive session
• The Assembly may make a motion if necessary. The Assembly must state the motion
and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION.
Kodiak Island Borough Assembly Guidelines
August 16, 2018 Page 4
B. Receive Privileged Legal Advice From the Borough Attorney Regarding Legal
Strategies for Compelling Alaska Aerospace Corporation to Comply with Borough
Land Use Ordinances with Respect to its Development of the Pacific Spaceport
Complex - Alaska.
Recommended motion: Move to convene into executive session to receive
privileged legal advice from the Borough Attorney regarding legal strategies for
compelling Alaska Aerospace Corporation to comply with Borough Land Use
Ordinances with respect to its development of the Pacific Spaceport Complex -
Alaska.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Borough Mayor, Assembly, Borough
Attorney, Borough Manager, CDD Acting Director, and Clerk's Office Staff into
executive session.
VOICE VOTE ON MOTION.
After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Rohrer reconvenes the regular
meeting and announces:
• The Assembly received privileged legal advice from the Borough Attorney regarding
legal strategies for compelling Alaska Aerospace Corporation to comply with Borough
Land Use Ordinances with respect to its development of the Pacific Spaceport Complex
- Alaska.
• No action is to be taken as a result of the executive session
• The Assembly may make a motion if necessary. The Assembly must state the motion
and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
Kodiak Island Borough Assembly Guidelines
August 16, 2018 Page 5
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KODIAK ISLAND BOROUGH
Meeting Type: ASJ61�l IY Kfq(A[av Meefih9 Date: t.�usf
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2019, No. 5 August 17, 2018
At Its Regular Meeting Of August 16, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular
Meeting Of The Borough Assembly Is Scheduled On Thursday, September 06, 2018, At 6:30 p.m. In The Borough Assembly
Chambers.
POSTPONED FY2018 Budget-To-Actual Year End Review Presentation To The Next Regular Meeting
Of The Assembly.
ADVANCED Ordinance No. FY2019-07 To Amend Kodiak Island Borough Code Of Ordinances Title 3,
Revenue And Finance, Chapter 3.10 Public Finance - Management And Accounting, By Repealing
Section 3.10.140 Fern Fuller Fund To The Next Regular Meeting Of The Assembly.
ADVANCED Ordinance No. FY2019-08 Placing A Temporary Moratorium On The Enforcement Of
Existing Violations Of Title 17 (Zoning) Of The Borough Code For All Properties Located Within The
Corporate Limits Of The City Of Larsen Bay To The Next Regular Meeting Of The Assembly.
ADVANCED Ordinance No. FY2019-09 Placing A Temporary Moratorium On The Acceptance And
Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For Properties Located Within The
Corporate Limits Of The City Of Larsen Bay To The Next Regular Meeting Of The Assembly.
CONVENED Into Executive Session To Discuss Litigation Tactics And Strategies With The Borough
Attorney Concerning The A1 Timber Litigation Against The Kodiak Island Borough; INVITED The
Borough Mayor, Assembly, Borough Attorney, Borough Manager, And Clerk’s Office Staff; And
ANNOUNCED That No Action Was Taken As The Result Of The Executive Session But Direction Was
Given To The Borough Attorney On How To Proceed.
CONVENED Into Executive Session To Receive Privileged Legal Advice From The Borough Attorney
Regarding Legal Strategies For Compelling Alaska Aerospace Corporation To Comply With Borough
Land Use Ordinances With Respect To Its Development Of The Pacific Spaceport Complex – Alaska;
INVITED The Borough Mayor, Assembly, Borough Attorney, Borough Manager, And Clerk’s Office Staff;
And ANNOUNCED That Direction Was Given To Work With Alaska Aerospace To Resolve The Issues.