2019-09-12 Work Session
Kodiak Island Borough
Assembly Work Session
Thursday, September 12, 2019, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming
regular meeting agenda packet and seek or receive information from staff. Although additional items not
listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no
formal action is taken at work sessions and items that require formal Assembly action are placed on
meeting.
Page
1. COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 - 12 a. Federal Lobbyist
Federal Lobbying Services - Pdf
13 - 15 b. State Lobbyist
State Lobbying Services - Pdf
16 - 32 c. An Ordinance Of The Assembly Of The Kodiak Island Borough
Amending Titles 1, 6, 8, 9, 10, 13, 15, 16, 17 And 18 Of The
Borough Code To Clarify And Make Consistent Language
Relating To Code Enforcement
Output Document (AS - 1048) - Pdf
33 - 62 d. Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of
Stantec Consulting
Stantec Consulting Presentation
3. MANAGER COMMENTS
4.
5. PACKET REVIEW
Items may be added during the work session for inclusion on the Regular Meeting agenda. The
item title needs to be provided/developed at the work session in enough detail to give assembly
and public reasonable notice.
PUBLIC HEARING
Ordinance No. FY2020-02 Amending Various Chapters of Title 16
Visit our website at
www.facebook.com/Kodiakislandborough @KodiakBorough
www.kodiakak.us
Page 1 of 62
Subdivision.
NEW BUSINESS
CONTRACTS
RESOLUTIONS
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2020-04 Amending Section 3.35.030 Real and
Personal Property Exempted From Taxation
Ordinance No. FY2020-09 Amending Titles 1, 6, 8, 9, 10, 13, 15, 16, 17
And 18 Of The Borough Code To Clarify And Make Consistent
Language Relating To Code Enforcement
Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan
to include the City of Kodiak Near Island Development Plan - Concept A,
Minimum Development
OTHER ITEMS
6. ASSEMBLY MEMBERS COMMENTS
7.
Visit our website at
www.facebook.com/Kodiakislandborough @KodiakBorough
www.kodiakak.us
Page 2 of 62
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 12, 2019
ASSEMBLY WORK SESSION
SUBJECT: Federal Lobbyist
ORIGINATOR: Meagan Christiansen
RECOMMENDATION:
Discuss preferences for federal lobbyist position
DISCUSSION:
It appears that the last review of our federal lobbying agreement was in August, 2007, which
was an extension of the agreement established in 1991. It is time to review the agreement
and services provided by Brad Gilman with the firm Robertson, Monagle & Eastaugh.
Discuss preference for continued federal lobbying services. Some options are:
1. Update and renew the contract without requesting bids or proposals under Borough Code 3.30.070
Exception to bidding requirements.
"The requirements of this chapter relating to solicitation of competitive bids and award to the
lowest responsible bidder shall not apply to:
A. Contracts for professional or unique services. The assembly shall review contracts for
professional or unique services such as architects, engineers, surveyors, attorneys, or
accountants if the manager recommends exempting the contract from the regular bidding
process.
2. Advertise a Request for Proposals for lobbying services
3. Contract with a legislative monitoring service which tracks and distributes information regarding
legislation but does not perform any lobbying activities. Some examples of companies that offer this
are: https://www.govtrack.us/; https://www.capitolimpact.com/legislative-tracking/; and
https://www.quorum.us/
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 3 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
Page 4 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
Page 5 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
Page 6 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
Page 7 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
REQUEST FOR PROPOSALS
For
Federal Legislative Lobbying Services
Kodiak Island Borough, Alaska
Introduction
The Kodiak Island Borough, Alaska (“KIB”) is seeking proposals from qualified
consultants/firms/individuals (“consultant”) to represent the KIB on federal policy and legislative
issues. The consultant must have demonstrated experience in lobbying members of Congress, with
extensive experience on behalf of municipal clients preferred. At least five years’ experience in providing
legislative and intergovernmental services is required. The consultant should have demonstrated
experience in bipartisan relationships with a network of access to legislators, administrative executives,
and staff. The KIB Assembly seeks a strong lobbyist with sound knowledge of public policy, clear
understanding of the legislative and administrative processes and effective communication skills.
Background
The KIB is a second-class borough incorporated in 1963. The KIB currently operates under a manager form of
government. The powers granted to the KIB include areawide powers and non-areawide powers. Areawide
powers are health, education, planning and zoning, emergency services planning, and assessment and
collection of taxes for both the borough and cities within the Borough. Non areawide powers include parks
and recreation, economic development, solid waste disposal, animal control, fire protection, street lighting
and road maintenance and construction. A Manager form of government governs the Borough. The Mayor
is elected at large while the Borough Assembly appoints the Manager. The Assembly is composed of seven
members who are elected at-large. The day-to-day business of the borough is conducted within six
departments: Manager’s Office, Clerk’s Office, Finance/MIS, Assessing, Community Development and
Engineering/Facilities.
Kodiak is the largest island in the State of Alaska and the second largest in the United States, second only to
the island of Hawaii. The Kodiak Island Borough lies at the western border of the Gulf of Alaska,
approximately 40 miles south of the Kenai Peninsula. About two-thirds of the Borough lies in the Kodiak
archipelago with the remaining third on the Alaska Peninsula, across the Shelikof Strait from Kodiak Island.
The Shelikof Strait is only 20 miles wide in places. The KIB encompasses 7,130 square miles, making it
slightly smaller than the State of Massachusetts and serves a population of over 13,000.
Located in the Gulf of Alaska, accessible only by boat or plane, the KIB faces unique challenges in providing
services to its residents. Most of the population lives within the City of Kodiak and surrounding area, while
several small cities and villages exist in more remote areas of the island.
Kodiak Island is known for the incredible Kodiak brown bear, world-class sport fishing and hunting, and
one of the largest commercial fishing ports in the nation. Kodiak also has the privilege of housing the
nation’s largest United States Coast Guard Base and the first commercial rocket launch facility.
Page 1 of 5
Page 8 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
REQUEST FOR PROPOSALS
For
Federal Legislative Lobbying Services
Kodiak Island Borough, Alaska
Scope of Work
The consultant will be responsible for monitoring, identifying and prioritizing challenges and
opportunities for the Kodiak Island Borough with respect to issues under consideration by members of
Congress, federal agencies, and other entities affecting issues related to Kodiak, as well as
communication of relevant matters with the Borough Manager, Clerk, and/or Mayor and Assembly
The scope of work should include engagement with Congressional Representatives, Agency Directors
and other appropriate staff to further the interests of the Kodiak Island Borough.
Work may include, but is not limited to:
1.Identification of federal legislation and legislative proposals that may impact Kodiak;
2.Identification of proposed regulatory changes that may impact Kodiak;
3.Working with the KIB Assembly, Clerk, and Manager to develop positions on
relevant legislation;
4.Assisting the Mayor in arranging municipality lobbying visits to help ensure productive
meetings;
5.Drafting legislation and amendments, as necessary;
6.Lobbying for the KIB’s position on legislation and regulatory matters, including:
a.Direct contact and communication with legislators and staff;
b.Direct contact and communication with federal agencies;
c.Direct contact and communication with associations and other interest groups that may
have similar interests or interests that conflict with those of Kodiak;
d.Drafting letters and talking points on legislation as necessary;
e.Maintaining close working relationship with Mayor and Assembly and designated
members of staff;
f.Providing written monthly reports to the Mayor, Manager, and Clerk during the session
and as requested or needed during the interim, and such reports shall include, but shall
not be limited to, contacts and progress made on behalf of the KIB, changes in the status
of federal programs, capital project funding requests, legislation of interest to the KIB, and
any anticipated problem areas of which the Consultant becomes aware;
g.Providing one visit annually to Kodiak for briefings in person to the Assembly, public and
staff on key issues, legislative committees or legislative session status;
h.Exercising best professional judgment in all matters relating to work for the KIB and
immediately report any position or action taken which involves an area of uncertainty or
controversy.
Required Respondent Information
1.Letter of interest
Page 2 of 5
Page 9 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
REQUEST FOR PROPOSALS
For
Federal Legislative Lobbying Services
Kodiak Island Borough, Alaska
2.Proposed plan including plan for briefing the Mayor and Assembly on the issues prior to and during
the legislative session and year-round on administrative lobbying, maintaining continuous
communications during the session, and implementing a decision-making process on issues
that demand a quick turnaround time
3.A summary of relevant experience in the last five years. Please include the outcomes of
lobbying efforts conducted.
4.A complete list of current clients and those served during the twelve months preceding the
submission date and a declaration of any potential incompatibility or conflicts of interest
between those clients and the Kodiak Island Borough
5.A list of five references
6.The legal name of consultant/firm/individual, address, telephone number, number of years in
business, and number of staff available or included in this proposal
7.Name and telephone number of the consultant who will be in charge of the actual work performed
for the Kodiak Island Borough
8.Outline approach with a proposed project schedule to conducting the work detailed under
“Scope of Work”
9.Flat fee or itemized cost of services and any customary charges for services to be rendered.
Include staff hourly rates, alternative retainer proposals, a description of the process used to
fairly allocate costs among consultant’s/firm’s/individual’s multiple clients to avoid double-billing
for time spent in legislative activities; and
10.Estimate of expenses incurred that will be billed to the Kodiak Island Borough
11.Potential causes for termination of the agreement.
Selection Criteria
Proposals will be evaluated based on the following criteria:
1.Thoroughness of proposal reflecting full understanding of work to be completed;
2.Overall experience of staff assigned to the work;
3.Recent experience conducting similar lobbying efforts;
4.Interpersonal compatibility with Mayor and Assembly
Selection Process
The Mayor, Assembly, Clerk and Manager will review the submitted proposals for completeness
and qualifications to determine those consultant(s) to be invited to an interview and oral presentation.
Upon completion of all interviews, the Clerk will advise the respondents of its selection. A Professional
Services Agreement for the work will be prepared and executed.
Page 3 of 5
Page 10 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
REQUEST FOR PROPOSALS
For
Federal Legislative Lobbying Services
Kodiak Island Borough, Alaska
Discretion and Liability Waiver
1.Company personnel signing the cover letter of the proposal must be an authorized signer with
the authority to represent the firm and to enter into a binding contract with the Kodiak Island
Borough.
2.Proposed services and related pricing contained in the proposal must be valid for a period of
one year after the deadline for submission of the proposal.
3.The KIB will make every effort to administer the proposal in accordance with the terms
and dates outlined in the RFP; however, reserves the right to modify the activities, timeline, or
any other aspect of the process at any time as deemed necessary.
4.By requesting proposals, the KIB is in no way obligated to award a contract or pay the
expenses of consultant(s) in connection with the preparation or submission of a proposal.
5.The awarding of an Agreement shall be contingent on the availability of funds and the
necessary Mayor and Assembly approvals.
6.The KIB reserves the right to request and obtain from one or more of the consulting firms
submitting proposals, supplementary information as may be necessary to analyze the
proposals pursuant to the consultant selection criteria contained herein.
7.The KIB may require consultant(s) to participate in additional rounds of more refined
submittals before the ultimate selection is made. These rounds could encompass revisions
of the submittal criteria in response to the nature and scope of the initial proposal.
8.The KIB reserves the right to reject any and all proposals, to waive any non-material
irregularities or informalities in any proposal, and to accept or reject any item or
combination of items.
9.Factors such as, but not limited to, the following may disqualify a proposal without
further consideration:
a.Evidence of collusion among respondents
b.Any attempt to improperly influence any member of staff or Assembly
c.A respondent’s default under any type of agreement, which resulted in the termination of that
agreement
d.Existence of any unresolved litigation between the respondent and the KIB
Proposal Format and Submittal Instructions
Please submit one original proposal as a PDF or print document. The proposal should include the following
information:
1.Letter of interest
2.“Required Respondent Information” as listed above.
3.Attachments: Resumes
Page 4 of 5
Page 11 of 62
Federal Lobbyist
AGENDA ITEM #2.a.
REQUEST FOR PROPOSALS
For
Federal Legislative Lobbying Services
Kodiak Island Borough, Alaska
Deliver proposals to:
Manager’s Office
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Proposals are due no later than 4 p.m. on \[tbd\]. Any proposal received after the deadline will not be
considered.
Should you have any questions about this request for proposal or for questions concerning the scope of
work, please contact the Borough Manager’s office at 907-483-9303 or mchristiansen@kodiakak.us
Page 5 of 5
Page 12 of 62
Federal Lobbyist
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 12, 2019
ASSEMBLY WORK SESSION
SUBJECT: State Lobbyist
ORIGINATOR: Meagan Christiansen
RECOMMENDATION:
Discuss direction for state lobbying contract
DISCUSSION:
The contract with Mark Hickey expires December 31st. Discuss preference for lobbying
services at the end of Mr. Hickey's current contract. Some options are:
1. Renew Mr. Hickey's contract without requesting bids or proposals under Borough Code
3.30.070 Exception to bidding requirements.
"The requirements of this chapter relating to solicitation of competitive bids and award
to the lowest responsible bidder shall not apply to:
A. Contracts for professional or unique services. The assembly shall review contracts
for professional or unique services such as architects, engineers, surveyors, attorneys,
or accountants if the manager recommends exempting the contract from the regular
bidding process.
2. Advertise a Request for Proposals for lobbying services
3. Contract with a legislative monitoring service which tracks and distributes information
regarding legislation but does not perform any lobbying activities. Some examples of
companies that offer this are: https://www.stateside.com/legislative-monitoring;
http://www.statescape.com/; and https://www.lexisnexis.com/en-us/products/state-net.page
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 13 of 62
State Lobbyist
AGENDA ITEM #2.b.
Page 14 of 62
State Lobbyist
AGENDA ITEM #2.b.
Page 15 of 62
State Lobbyist
AGENDA ITEM #2.c.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 12, 2019
ASSEMBLY WORK SESSION
SUBJECT: An Ordinance Of The Assembly Of The Kodiak Island Borough Amending
Titles 1, 6, 8, 9, 10, 13, 15, 16, 17 And 18 Of The Borough Code To Clarify
And Make Consistent Language Relating To Code Enforcement
ORIGINATOR: Michael Powers
RECOMMENDATION:
Discussion of Ordinance No. FY 2020-09.
DISCUSSION:
At its August 29, 2019 Work Session, the Assembly discussed code enforcement procedures and the
idea of moving forward with developing a system to allow for the issuance of fines for certain violations
of Borough Code. The Assembly directed staff, based on the Work Session discussion, to bring
forward for consideration an ordinance addressing the requirements/clarifications needed in Borough
m Minor Offense Table (UMOT) system. The attached
ordinance addresses those issues and includes a schedule of fines. Though the ordinance proposes
changes to numerous titles of the Borough Code, the proposed schedule of fines only includes
offenses for Title 6 (Animals), Title 8 (Health and Safety), Title 9 (Public Peace, Morals and Welfare),
and Title 10 (Vehicles and Traffic).
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 16 of 62
An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
KODIAK ISLAND
BOROUGH
Community Development Department
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Page 17 of 62
An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
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An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
2 Introduced by:Borough Manager
3 Drafted by:Borough Manager
4 Introduced on:09/19/2019
5 Public Hearing Date:
6 Adopted on:
7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2020-09
9
:AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH AMENDING
21 TITLES 1,6,8,9,10,13,15,16,17 AND 18 OF THE BOROUGH CODE TOCLARIFY AND
22 MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT
23
24 WHEREAS,in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak
25 Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska
26 Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and
27
28 WHEREAS,the Assembly finds that potential jail time and labelling certain code violations as
29 misdemeanors restricts the ability to enforce those offenses through a citation process; and
2:
31 WHEREAS,the Assembly finds that it is appropriate to update references to enforcement
32 officers in the Borough Code to eliminate different terms referring to the same functions; and
33
34 WHEREAS,the Assembly finds that it isin the public interest to enable Borough staff to enforce
35 the Borough Code using the minor offense process through the Alaska Court system.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
38 BOROUGH THAT:
39
3:Section 1:Sections 2 through 15of this ordinance areof a general and permanent nature
41 and shall become a part of the Kodiak Island BoroughCode of Ordinances.
42
43 Section 2:Kodiak Island Borough Code Chapter 1.20, General Penalty,is amended to read
44 as follows:
45
46 Chapter 1.20
47 GENERAL PENALTY
48 Sections:
49 1.20.010 Designated.
4:1.20.020 Scope of prohibitions.
51 1.20.030 Code enforcement officer designation.
52 1.20.040 Application of fine schedule.
53 1.20.050 Fine schedule.
54
55 1.20.010 Designated.
Kodiak Island Borough, AlaskaOrdinance No. FY2020-XX
Deletion –Red, StrikeoutPage 1of 14
Insertion –Bold, Blue, UnderlinedVersion 1
Page 19 of 62
An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
56 A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine
57 of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is
58 established by ordinance for the provision violated and that penalty is listed in the schedule of
59 fines adopted by the borough assembly, that penalty shall apply.
5:
61 B.In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed
62 of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of
63 the fine amounts established in a schedule of fines adopted by the borough assembly by
64 ordinanceresolution,plus the state surcharge required by AS 12.55.039 and 29.25.074. For
65 purposes ofelevatedfines for subsequent offenses,a prior offense is within the time
66 period for consideration if the conviction for that offense occurred within 3 years prior to
67 the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska
68 Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging
69 these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with
6:one of these offenses appears in court and is found guilty, the penalty imposed for the offense
71 may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule
72 of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant
73 must appear in court to answer to the charges. Thesefinesprescribed in the fine schedulemay
74 not be judicially reduced.
75
76 C.The borough or an aggrieved person may institute a civil action against a person, including a
77 minor as provided in this subsection, who violates any provision of this code. In addition to
78 injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the
79 borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to
7:enjoin a violation may be brought notwithstanding the availability of any other remedy. On
81 application for injunctive relief and a finding of a violation or a threatened violation, the superior
82 court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a
83 separate violation.
84
85 D.The borough shall provide written notice to the commissioner of health and social services or
86 to the commissioner’s designee of the commencement of a civil enforcement action for the
87 violation of an ordinance under subsection C of this section against a minor. Unless the
88 commissioner and the borough have negotiated an agreement making other arrangements for
89 the borough to provide the notice required by this subsection, the borough shall provide the notice
8:by mailing a copy of the citation or other document setting out the notice of the commencement
91 of the civil enforcement action.
92
93 E.In this section, “minor” means a person under 18 years of age.
94
95 F.Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty
96 against a minor for violation of any provision of this code shall be heard in the district court in the
97 same manner as for similar allegations brought against an adult, except that the minor’s parent,
98 guardian, or legal custodian shall be present at all proceedings unless the court excuses the
99 parent, guardian, or legal custodian from attendance for good cause.
9:
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:1 G.An action for a civil penalty filed against a minor under this section does not give rise to the
:2 right to a trial by jury or to counsel appointed at public expense.
:3
:4 1.20.020 Scope of prohibitions.
:5 When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit
:6 causing, aiding, abetting, or concealing the fact of the act or omission.
:7
:8 1.20.030 Code enforcement officer designation.
:9 The manager may designate in writing asboroughcode enforcement officers those
::persons authorized to enforce any part of this code.Any officer so designated to enforce
211 some or all provisions of the KIB Code shall be authorized to issue citations, or notices of
212 violation where permitted, for any violation of this code which the officer is authorized to
213 enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code
214 enforcement officers appointed under the authority of this section shall not have the
215 general authority of police officers.
216
217 1.20.040 Application of fine schedule.
218 A. For voluntary disposition after either arraignment or application for entry of a default
219 judgment, the alleged violator may submit the amount set forth in the fine schedule, along
21:with the required statutory police training surcharge, to the court.
221
222 B. In the event any penalties or fines are not paid within 30 days after the date they are due
223 pursuant to the court’s order, such penalties or fines shall be delinquent.
224
225 C. Notwithstanding other provisions of this section, delinquent penalties and finesmay be
226 collected through any lawful means. The cost of collection of such accounts shall be added
227 to the amount owed.
228
229 1.20.050 Fine schedule.
Code SectionOffensePenalty/Fine
KIBC 6.04.060Contagious Animals Prohibited (1stoffense)$55
KIBC 6.04.060Contagious Animals Prohibited (2nd offense)$83
KIBC 6.04.060Contagious Animals Prohibited (3rdand $100
subsequent offenses)
KIBC 6.04.080Annoying Animals Prohibited (1stoffense)$28
KIBC 6.04.080Annoying Animals Prohibited (2nd offense)$55
KIBC 6.04.080Annoying Animals Prohibited (3rdand $83
subsequent offenses)
KIBC 6.04.090Tethering of Animals Prohibited (1stoffense)$28
KIBC 6.04.090Tethering of Animals Prohibited (2nd offense)$55
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Code SectionOffensePenalty/Fine
KIBC 6.04.090Tethering of Animals Prohibited (3rdand$83
subsequent offenses)
KIBC 6.04.100(B)&(D)Control of Animals (1stoffense)$55
KIBC 6.04.100(B)&(D)Control of Animals (2nd offense)$83
KIBC 6.04.100(B)&(D)Control of Animals (3rdand subsequent offenses)$110
KIBC 6.04.110Animal Littering Prohibited (1stoffense)$28
KIBC 6.04.110Animal Littering Prohibited (2nd offense)$55
KIBC 6.04.110Animal Littering Prohibited (3rdand subsequent $83
offenses)
KIBC 6.04.120Animal Identification (1stoffense)$28
KIBC 6.04.120Animal Identification (2nd offense)$55
KIBC 6.04.120Animal Identification (3rdand subsequent $83
offenses)
KIBC 6.04.130Animal Tag and Collar (1stoffense)$28
KIBC 6.04.130Animal Tag and Collar (2nd offense)$55
KIBC 6.04.130Animal Tag and Collar (3rdand subsequent $83
offenses)
KIBC 8.20.010Littering-Unlawful Acts (1stoffense)$50
KIBC 8.20.010Littering-Unlawful Acts (2nd offense)$200
KIBC 8.20.010Littering-Unlawful Acts (3rd offense)$500
KIBC 8.20.010Littering-Unlawful Acts (4thand subsequent $1000
offenses)
KIBC 8.25.040Solid Waste Accumulation (1stoffense)$100
KIBC 8.25.040Solid Waste Accumulation (2nd offense)$250
KIBC 8.25.040Solid Waste Accumulation (3rdand subsequent $500
offenses)
KIBC 8.25.070Solid Waste Storage and Set-Out (1stoffense)$100
KIBC 8.25.070Solid Waste Storage and Set-Out (2nd offense)$250
KIBC 8.25.070Solid Waste Storage and Set-Out (3rdoffense)$500
KIBC 8.25.070Solid Waste Storage and Set-Out (4th and $100
subsequent offenses)
KIBC 8.25.120Disposal of Hazardous Waste (1stoffense)$500
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Code SectionOffensePenalty/Fine
KIBC 8.25.120Disposal of Hazardous Waste (2ndand$1000
subsequent offenses)
KIBC 8.40.015Motorized Watercraft –Unlawful Acts (1stoffense)$100
KIBC 8.40.015Motorized Watercraft –Unlawful Acts (2nd $200
offense)
KIBC 8.40.015Motorized Watercraft –Unlawful Acts (3rdand $300
subsequent offenses)
KIBC 9.10.040Fireworks –Use Prohibited (1stoffense)$100
KIBC 9.10.040Fireworks –Use Prohibited (2nd offense)$200
KIBC 9.10.040Fireworks –Use Prohibited (3rd offense)$500
KIBC 10.10.030Junk Vehicles or Other Junk (1stoffense)$300
KIBC 10.10.030Junk Vehicles or Other Junk (2ndand subsequent $500
offenses)
22:
231 Theschedule of fines shall be reviewedannually by the borough assembly. The
232 community development director shall review the fines for consistency with the State of
233 Alaska’s Rules of Minor Offense Procedure and present the findings to the borough
234 assembly for considerationduring its review of the schedule of fines.
235
236 Section3:Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is
237 amended to read as follows:
238
239 6.04.270 Penalties and remedies.
23:A.In accordance with AS 29.25.070(a), citations for the certain offensesviolations of Chapter
241 6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
242 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
243 borough assembly byordinanceresolutionpursuant to Chapter 1.20KIBC, plus the state
244 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in
245 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations
246 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the
247 person may choose to appear in court and contest the citation. If a person charged with one of
248 these offenses appears in court and is found guilty, the penalty imposed for the offense may not
249 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines,
24:the defendant must appear in court to answer to the charges. These fines may not be judicially
251 reduced.If a person is cited for an offense for which a scheduled fine has been established under
252 this chapter and fails to pay a fine or appear in court, the citation shall be considered a summons
253 for a misdemeanor.
254
255 B.Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
256 bring a civil action to enjoin any violation of this chapter. An action for injunction under this section
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257 may be brought notwithstanding the availability of any other remedy. Upon application for
258 injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin
259 the violation.
25:
261 C.Each act or condition violating this chapter, and each day during which the act or condition
262 exists when the owner or keeper is known to be aware of the condition, shall be a separate and
263 distinct violation except in circumstances where the violation is acknowledged and actively being
264 corrected.
265
266 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
267 penalty provided for in state law or any civil remedy available to the borough.
268
269 Section 4:Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is
26:amended to read as follows:
271
272 8.20.030 Penalties and remedies.
273 A.In accordance with AS 29.25.070(a), citations for the certain offensesviolationsof Chapter
274 8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
275 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
276 borough assembly by ordinance resolutionpursuant to Chapter 1.20 KIBC, plus the state
277 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in
278 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations
279 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the
27:person may choose to appear in court and contest the citation. If a person charged with one of
281 these offenses appears in court and is found guilty, the penalty imposed for the offense may not
282 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines,
283 the defendant must appear in court to answer to the charges. These fines may not be judicially
284 reduced. If a person is cited for an offense for which a scheduled fine has been established in the
285 schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a
286 summons for a misdemeanor.In addition, the court may order the person to gather and dispose
287 of litterin an area and for a length of time to be determined by the court.
288
289 B.Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
28:bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the
291 plaintiff suffered as a result of the violation.
292
293 C.Each act or condition violating this chapter and each day during which the act or condition
294 exists, continues or is repeated shall be a separate and distinct violation.
295
296 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
297 penalty provided for in state law or any civil remedy available to the borough.
298
299 Section 5:Kodiak Island Borough Code section 8.25.220, Administration, implementation and
29:enforcement, is amended to read as follows:
2:1
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2:2 8.25.220 Administration, implementation, and enforcement.
2:3 The manager is authorized to administer, implement, and enforce this chapter and promulgate
2:4 related solid waste policy, unless this chapter expressly names another person. The manager
2:5 may request assistance from other persons or request that other persons administer, implement
2:6 and enforce all or a portion of this chapter. Examples of other persons are:
2:7
2:8 A.The director of finance or the auditor-controller, for example, with respect to collection of user
2:9 fees;
2::B.City of Kodiak police department;
311 C.Borough attorney;
312 D.Other borough departments;
313 E.District attorney;
314 F.Alaska State Department of Environmental Conservation;
315 G.Alaska Department of Fish and Game;
316 H.Alaska State Troopers; and
317 I.AnA Code enforcement officerdesignated under KIBC 1.20.040.
318
319 Section 6:Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed.
31:
321 8.25.230 Enforcement officer.
322 A.Authority. The enforcement officer has the authority to issue citations, summons, and
323 complaints, or notices of violation to anyone who violates this chapter.
324 B.Citation. A citation filed in the district court charging a violation under this chapter is deemed
325 as a lawful complaint for purposes of prosecution under this chapter.
326
327 Section 7:Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as
328 follows:
329
32:9.10.060 Penalty.
331 Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with
332 AS 29.25.070(a), citations for the certain offensesviolations of Chapter 9.10KIBC may be
333 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon
334 payment of the fine amounts established in a schedule of fines adopted by the borough assembly
335 byordinanceresolutionpursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS
336 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court
337 apply to all offenses listed in the established schedule of fines. Citations charging these offenses
338 must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to
339 appear in court and contest the citation. If a person charged with one of these offenses appears
33:in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount
341 for that offense listed. If an offense is not listed on this schedule of fines, the defendant must
342 appear in court to answer to the charges. These fines may not be judicially reduced.If a person
343 is cited for an offense for which a scheduled fine has been established in the schedule of fines
344 and fails to pay a fine or appear in court, the citation shall be considered a summons for a
345 misdemeanor.
346
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347 Section 8:Kodiak Island Borough Code Chapter9.20,Peace Officers,is amended to read as
348 follows:
349
34:Chapter9.20
351 PEACECODE ENFORCEMENTOFFICERS
352
353 Sections:
354 9.20.010 Authority.
355 9.20.020 Interference with a peaceborough code enforcementofficer.
356 9.20.030 Penalty.
357
358 9.20.010 Authority.
359 The manager may in writing designate one or more employees of the borough as peacecode
35:enforcementofficersper KIBC 1.20.030.with the authority to issue citations, conduct
361 investigations of violations of and enforce the Kodiak Island Borough Code, ordinances, and
362 regulations, and to take other action consistent with the exercise of these enumerated powers
363 when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and
364 maintain the public peace.
365
366 9.20.020 Interference with a peaceborough code enforcementofficer.
367 No person may interfere with a peaceborough code enforcementofficer whilehe isin the
368 performance of histhe officer’s duties. A person who does any of the following is guilty of
369 interfering with a peaceborough code enforcementofficer:
36:
371 A.By use or threat of force or violence, the personheprevents or attempts to prevent a peace
372 borough code enforcementofficer from carrying out the officer’shisduties;
373
374 B.By use or threat of force or violence, the personheattempts to aid or aids a person in
375 preventing a borough code enforcementpeaceofficer from carrying out the officer’shisduties;
376 or
377
378 C.With intent to delay or prevent a borough code enforcementpeaceofficer from discharging
379 the officer’s lawful duties, the personhein any manner physically impedes or hinders the
37:borough code enforcementpeaceofficer.
381
382 9.20.030 Penalty.
383 A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or woundsa
384 peace borough code enforcementofficer in violation of KIBC 9.20.020while he is performing
385 his duties is guilty of a violationmisdemeanor, punishable by a fine of not more than $500.00 or
386 by imprisonment in jail for not more than 30 days, or by both,in addition to the surcharge required
387 to be imposed under AS 12.55.039.
388
389 Section 9:Kodiak Island Borough Code section 10.10.080, Penalties and remedies, is
38:amended to read as follows:
391
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392 10.10.080 Penalties and remedies.
393 A.In accordance with AS 29.25.070(a), citations for the certain offensesviolations ofChapter
394 10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court
395 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the
396 borough assembly by ordinanceresolutionpursuant to Chapter 1.20 KIBC, plus the state
397 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in
398 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations
399 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the
39:person may choose to appear in court and contest the citation. If a person charged with one of
3:1 these offenses appears in court and is found guilty, the penalty imposed for the offense may not
3:2 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines,
3:3 the defendant must appear in court to answer to the charges. These fines may not be judicially
3:4 reduced. If a person is cited for an offense for which a scheduled fine has been established in the
3:5 schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a
3:6 summons for a misdemeanor.
3:7
3:8 B.Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
3:9 bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the
3::plaintiff suffered as a result of the violation.
411
412 C.Each act or condition violated in this chapter, and each day during which the act or condition
413 exists, continues or is repeated shall be a separate and distinct violation.
414
415 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
416 penalty provided for in state law or any civil remedy available to the borough.
417
418 Section 10:Kodiak Island Borough Code section 13.20.020, Administrationenforcement
419 action,is amended to read as follows:
41:
421 13.20.020 Administration enforcement action.
422 A.In any situation in which the borough engineer, or his authorized representative, has reason to
423 believe that the public health, safety or welfare requires corrective action, he may:
424
425 1.Exercise the right to entry for investigative purposes at all reasonable times and upon
426 presentation of proper credentials. If such entry is refused, the borough engineer, or
427 authorized representative, shall have recourse to every remedy provided by law to secure
428 entry;
429
42:2.Order any work being done contrary to the provisions of this title to be stopped by serving
431 notice on any personsengaged in doing or causing the work to be done, and any such
432 persons shall forthwith stop such work until authorized in writing to proceed. If the order is
433 issued verbally, a written order shall be issued prior to the conclusion of the next regular
434 workday stating the nature of the work to be stopped; and
435
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436 3.Order the abatement of any condition affecting the public health, safety, and welfare. If the
437 order is given verbally, a written order shall be issued prior to the conclusion of the next
438 regular workday setting forth the nature of the abatement action and the time allowed for
439 compliance.
43:
441 B.Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after
442 investigation, initiate criminalproceedings against any person for the violation of this title. Except
443 for prosecution for failing to comply with an order issued under subsection A of this section, the
444 borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate
445 criminalproceedings onlyif the violation is not cured, and if the person who is the subject of the
446 notice fails to seek appropriate administration relief within the notice period.
447
448 Section 11:Kodiak Island Borough Code section 13.20.050, Penalties and remedies,is
449 amended to read as follows:
44:
451 13.20.050 Penalties and remedies.
452 A.A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A),
453 is guilty of a violationmisdemeanorand, upon conviction, is punishable by a fine of not more
454 than $500.00 for each day of violation, in addition to the surcharge required to be imposed under
455 AS12.55.039.
456
457 B.The borough or any aggrieved person may bring a civil action to enjoin any violation of this
458 title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any
459 injury the plaintiff suffered as the result of the violation.An action for injunction under this section
45:may be brought notwithstanding the availability of any other remedy. Upon application for
461 injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin
462 the violation.
463
464 Section 12:Kodiak Island Borough Code section 15.50.030, Penalties and remedies,is
465 amended to read as follows:
466
467 15.50.030 Penalties and remedies.
468 A.A person who violates any provision of this title or any order issued under KIBC 15.50.010 is
469 guilty of a violation misdemeanorand upon conviction is punishable by a fine of not more than
46:$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of
471 violation constitutes a separate offense.
472
473 B.The borough or any aggrieved person may bring a civil action to enjoin any violation of this
474 title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff
475 suffered as a result of the violation. An action for injunction under this section may be brought
476 notwithstanding the availability of any other remedy. Upon application for injunctive relief and the
477 finding of an existing or threatened violation, the superior court shall enjoin the violation.
478
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479 C.Each act or condition violating this title or any order issued under KIBC 15.50.010, and each
47:day during which the act or condition exists, continues, or is repeated shall be a separate and
481 distinct violation.
482
483 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
484 penalty provided for in state law or any civil remedy available to the borough.
485
486 Section 13:Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction,is
487 amended to read as follows:
488
489 16.10.030 Scope and jurisdiction.
48:A.This title governs the subdivision of all land within the borough. No subdivision plat requiring
491 borough approval shall be recorded unless approved by the borough or a standard subdivision
492 agreement has been executed with the borough.
493
494 B.These subdivision regulations do not apply to any lot or subdivision legally created and filed
495 for record prior to the effective date of these regulations, nor to subdivisions given preliminary or
496 final approval by the commission under the previously existing title, except in the instance of
497 further subdivision of existing lots or tracts.
498
499 C.The owner or agent of the owner of land located within a subdivision who transfers, sells, or
49:enters into a contract to sell land in a subdivision before a plat of the subdivision has been
4:1 approved and recorded is guilty of a violationmisdemeanorand upon conviction is punishable
4:2 by afine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract
4:3 to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the
4:4 penalty by appropriate legal action.
4:5
4:6 D.No agency of the state or local government may acquire property through the process of
4:7 eminent domain which results in a boundary change unless the agency or local government first
4:8 obtains from the commission preliminary approval of the replat showing clearly the location of the
4:9 proposed public streets, easements, rights-of-way, and other taking of private property.
4::Final approval of the replat shall be obtained within six months of the acquisition. The commission
511 shall treat applications for replat made by state or local governmental agencies in the same
512 manner as replat petitions originated by private land owners.
513
514 E.No person may file a plat or seek to have a plat filed unless it bears the approval of the borough.
515 A person who knowingly violates this requirement is punishable upon conviction by a fine of not
516 more than $300.00.
517
518 F.The borough or any aggrieved person may bring a civil action to enjoin any violation of this title,
519 any transfer or sale of an unlawfully subdivided parcel, the violation of any term or conditionof
51:any plat or other entitlement approved under this title, and to obtain damages for any injury the
521 plaintiff suffered as a result of the violation. An action for injunction under this section may be
522 brought notwithstanding the availability of any other remedy. Upon application for injunctive relief
523 and a finding of an existing or threatened violation, the superior court shall enjoin the violation.
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524
525 Section 14:Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and
526 Remedies,is amended to read as follows:
527
528 Chapter 17.210
529 ENFORCEMENT, PENALTIES AND REMEDIES
52:
531 Sections:
532 17.210.010 Administrative enforcement action.
533 17.210.020 Administrative inspections.
534 17.210.030 Penalties and remedies.
535 17.210.040 Responsibility for violations.
536
537 17.210.010 Administrative enforcement action.
538 A.The zoning officermanager or designeemay order:
539
53:1.The discontinuation of unlawful uses of land or structures;
541 2.The removal or abatement of unlawful structures, or any unlawful additions or alterations
542 thereto;
543 3.The discontinuation of construction or other preparatory activity leading to an unlawful
544 structure or an unlawful use of a land or structure;
545 4.When necessary to ensure compliance with this title, the suspension or revocation of
546 building permits, variances, or other borough land use entitlements.
547
548 B.Upon complaint by a citizen, or upon histheirown initiative, theany borough code
549 enforcement officer authorized to enforce this titlezoning officermay, after investigation,
54:initiate criminalproceedings against any person for the violation of this title. Except for
551 prosecutions for failing to comply with an order issued under subsection A of this sectionor where
552 the protection of public health and safety require immediate action, the boroughcode
553 enforcement officerzoning officershall give at least 10 days’ written notice of intent to prosecute,
554 and may initiate criminalproceedings only if the violation is not cured within the notice period.
555
556 17.210.020 Administrative inspections.
557 In accordance with this section, thea borough code enforcement officerauthorized to enforce
558 this titlezoning officermay make inspections necessary to enforce the provisions of this title.
559 When the borough code enforcement officerzoning officerhas reasonable cause to believe
55:that in any building or on any premises there exists any violation of this title, hethe officermay
561 enter such building or premises at any reasonable time to inspect the same or perform any of his
562 the officer’sduties under this title; provided, that where the Constitution of the United States or
563 the state of Alaska requires that the borough code enforcement officerzoning officerobtain a
564 search warrant before making an inspection, hethe officershall not make the inspection until
565 authorized to do so by a search warrant issued by a court of competent jurisdiction.
566
567 17.210.030 Penalties and remedies.
Kodiak Island Borough, AlaskaOrdinance No. FY2020-XX
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An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
568 A.A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or
569 any term or condition of a conditional use, variance or other entitlement issued under this title, is
56:guilty of aviolationmisdemeanorand upon conviction is punishable by a fine of not more than
571$300.00, in addition to the surcharge required to be imposed under AS 12.55.039.
572
573 B.Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
574 bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A),
575 or any term or condition of a conditional use, variance or other entitlement issued under this
576 chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An
577 action for injunction under this section may be brought notwithstanding the availability of any other
578 remedy. Upon application for injunctive relief and the finding of an existing or threatened violation,
579 the superior court shall enjoin the violation.
57:
581 C.Each act or condition violating this title, any order issued under KIBC17.210.010(A), or any
582 term or condition of a conditional use, variance, or other entitlement issued under this title, and
583 each day during which the act or condition exists, continues or is repeated shall be a separate
584 and distinct violation.
585
586 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
587 penalty provided for in state law or any civil remedy available to the borough.
588
589 17.210.040 Responsibility for violations.
58:The record owner, and any person in possession or control of property maintained in
591 violation of this title is responsible for the violation and is subject toprosecution in
592 accordance with Chapter 1.20 KIBC and this Chapter 17.210.
593
594 Section 15:Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is
595 amended to read as follows:
596
597 18.35.050 Penalties and remedies.
598 A.A person who violates the provisions of this chapter is guilty of aviolationmisdemeanorand
599 upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge
59:required to be imposed under AS 12.55.039.
5:1
5:2 B.Notwithstanding the availability of any other remedy, the borough or any aggrieved person may
5:3 bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the
5:4 plaintiff suffered as a result of the violation.
5:5
5:6 C.Each act or condition violating this chapter, and each day during which the act or condition
5:7 exists, continues or is repeated, shall be a separate and distinct violation.
5:8
5:9 D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other
5::penalty provided for in state law or any civil remedy available to the borough.
611
Kodiak Island Borough, AlaskaOrdinance No. FY2020-XX
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An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
AGENDA ITEM #2.c.
612 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
613 ordinance takes effect upon adoption or at a later date specified in the ordinance.)
614
615 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
616 THIS __________ DAY OF _______________,2019.
617
618 KODIAK ISLAND BOROUGHATTEST:
619
61:
621______________________________________________________
622 Daniel A. Rohrer,MayorTara Welinsky, Clerk
623
624 VOTES:
625 Ayes:
626 Noes:
Kodiak Island Borough, AlaskaOrdinance No. FY2020-XX
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An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title...
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Kodiak Island Borough
MILL BAY ROAD CORRIDOR
AGENDA ITEM #2.d.
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Area-Wide Planning
Borough Assembly Meeting
September 2019
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Agenda
1.Project Objective
2.Brownfields Overview
3.Area-Wide Planning
AGENDA ITEM #2.d.
4.Existing Conditions
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5.Next Steps
6.Discussion
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Project Overview and Purpose
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
EPA Brownfield Grant
•$600,000 EPA Brownfield Assessment
Grant awarded in 2017
•100% grant funded –nomatching funds
required
•Coalition Grant
AGENDA ITEM #2.d.
led by the Borough& supported
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by the City & Natives of Kodiak
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Area-Wide Planning (AWP) Focus Areas
Safeway /
Walmart
AGENDA ITEM #2.d.
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Main Elementary
/ High school
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
AWP Objectives and Desired Outcomes
Address Brownfield Sites / Blight
Define Community Priorities
Identify Redevelopment Opportunities
Build Upon Existing Assets
AGENDA ITEM #2.d.
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Explore land use / urban design options
Develop an action plan
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Brownfields Overview
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
What is a brownfield?
EPA definition:
“Brownfields are real
property, the expansion,
redevelopment, or reuse of
which may be complicated by
the presence or potential
presence of a hazardous
substance, pollutant, or
AGENDA ITEM #2.d.
contaminant.”
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Definition is very broad
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
What do brownfields look like?
Former Auto Repair ShopOld WarehouseVacant Commercial Building
AGENDA ITEM #2.d.
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Former Gas StationFormer Manufacturing/Industrial Site Former Dry Cleaners
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Brownfield vs. Greenfield
Brownfield:
•Previously developed site
•Redevelopment may be
complicated by past use
Greenfield:
•Never developed (open space
AGENDA ITEM #2.d.
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or agricultural land)
•Fewer development constraints
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
How are brownfields created?
Contributing Factors:
•Economic transition
•Infrastructure failures
•Incorrect monitoring
•Illegal dumping
•Natural disasters
Common Contaminants:
•Petroleum
•Solvents
AGENDA ITEM #2.d.
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•Asbestos
•Metals
•PCBs
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
What key steps are involved in brownfield
redevelopment?
Phase I Environmental Site Assessment (ESA)
Phase II ESA
Cleanup Alternatives Analysis / Cleanup Plan
Remedial Action / Cleanup Activities
AGENDA ITEM #2.d.
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No Further Action (NFA) Determination
Site Redevelopment
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
AGENDA ITEM #2.d.
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Area-Wide Planning For Redevelopment
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Area Wide Planning for Brownfields
Community
members
Government
Lender
entities
Area-Wide Planning (AWP)
Property
Developer
owner
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Example AWP: Palmer, Alaska
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Kodiak’s AWP Scope
Engagement
Public
Stakeholder
Interviews
Existing ConditionsMarket Assessment
AGENDA ITEM #2.d.
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Concept DevelopmentImplementation Plan
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Borough/City Role in Economic Development
Create an attractive environment for private investment
KEY ECONOMIC DEVELOPMENT TOOLS
Regulations/Zoning
Capital Projects
AGENDA ITEM #2.d.
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Programs / Marketing /
Incentives
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Existing Conditions: Opportunities &
Challenges
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Mill Bay Road / Activity Nodes
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Recreation
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Educational Institutions
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Opportunity Sites
Next to SafewayNext to Walmart
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Opportunity Sites
Mid-corridor properties Mid-corridor properties
next to lakenext to Baranof Park and
residential neighborhoods
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Opportunities: Opportunity Areas
Sports fields by High SchoolCorner at Main Elementary
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Challenges
Brownfield Sites &
Vacancies
Auto-oriented &
bike/ped access
challenges
Lack of a Strategy
AGENDA ITEM #2.d.
Plan
Page 57 of 62
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Community Priorities (What we heard)
Address Building / Property
Aesthetics
Improve Pedestrian / Bicycle
Access (Persons with mobility
limitations)
Plan for supportive Utilities and
AGENDA ITEM #2.d.
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Services
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
Next Steps in Area-Wide Planning
AGENDA ITEM #2.d.
Page 59 of 62
Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
AWP Next Steps
Visioning / Engagement Process
Identify Redevelopment Strategies
Plan Development
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
What are your community priorities?
AGENDA ITEM #2.d.
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Brownfield Area-Wide Plan (AWP) Presentation - Ryan Givens of Stantec Co...
What are your community priorities?
AGENDA ITEM #2.d.
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