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2020-02-20 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 20, 2020, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND 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. 5. *APPROVAL OF MINUTES 4 - 9 A. *Regular Meeting Minutes Of February 6, 2020 2020-02-06 RM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 10 - 23 A. FY2020 2nd Quarter Budget-v-Actual Presentation Output Document (AS - 1125) - Pdf 8. COMMITTEE REPORTS 9. PUBLIC HEARING 24 - 45 A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 Page 1 of 88 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough and 18 of the Borough code to clarify and make consistent language relating to code enforcement. Output Document (AS - 1105) - Pdf 10. BOROUGH MANAGER'S REPORT 46 A. Borough Manager's Report for February 20, 2020 2020-02-20 Manager's Report 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 47 - 52 1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Project Output Document (AS - 1116) - Pdf 13.B. Resolutions 53 - 56 1. * Resolution No. FY2020-20 Approving the Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In the FY21 Community Assistance Program. Output Document (AS - 1117) - Pdf 57 - 61 2. Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Assembly approving the disposal by sale of a portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision for the fair market value of $1,192.00 (P&Z Case No. 20-004). Output Document (AS - 1123) - Pdf 13.C. Ordinances for Introduction 62 - 75 1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. Page 2 of 88 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Output Document (AS - 1126) - Pdf 13.D. Other Items 76 1. * Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. (Scott Arndt) Output Document (AS - 1112) - Pdf 77 - 81 2. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Tucker). Output Document (AS - 1119) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.B. Reports 82 - 88 1. January Projects Report January 2020 Projects Report Page 3 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 1 of 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting February 6, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on February 6, 2020 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Deputy Clerk Alise Rice. APPROVAL OF AGENDA AND 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. ARNDT moved to approve the agenda and consent agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. The following items were approved under consent agenda: * Regular Meeting Minutes of January 16, 2020. * Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention And Response Standards. * Letter of Support Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Shields). * Confirmation of Mayoral Appointment To The Parks and Recreation Committee (Mr. Hersh). * Appointment To The Providence Kodiak Island Medical Center Community Advisory Board (Dr. Juergens and Mr. Turner). APPROVAL OF MINUTES Regular Meeting Minutes Of January 16, 2020 were approved under consent agenda. AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 4 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 2 of 6 CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: Director Bill Oliver, Kodiak Senior Citizens Center, Second Quarterly Report for the Fiscal Year 2020 Shea Long Stiq Ynqve Natasha Zaha Pristas Robert Tucker Terry Haines Judi Kidder Jerrol Friend Carolyn Heitman Fred Roberts Brenda Friend Michael Nelson Rachel Jermann Ron Painter Ron Halter George Griffin Larry Van Daele Pat Szabo Ron Kavanaugh Robert Higgs Daniel Muller AWARDS AND PRESENTATIONS Mayor Roberts declared The Month Of February 2020 As Teen Dating Violence Awareness And Prevention Month. The proclamation was accepted by Ellamy Tiller, advocate for the Kodiak Women’s Resource Center. Comprehensive Annual Financial Report (CAFR) / Audit Presentation - Grant Todd, CPA, Altman, Rogers & Co, Borough Auditors. COMMITTEE REPORTS Assembly member Dvorak reported on the January 28, 2020 Architectural and Engineering Review Board meeting. He commended the staff for great reporting. He also reported on the February 3, 2020 Solid Waste Advisory Board meeting. Assembly member Arndt spoke about the February 3, 2020 Solid Waste Advisory Board meeting. Assembly member Kavanaugh reminded everyone about the upcoming Consolidation Committee meeting on February 10, 2020. Also requested feedback from the Assembly on the Consolidation Report given at the last Work Session. Assembly member Turner gave a brief update on the Providence Kodiak Island Medical Center Community Advisory Board. He also reported that during his recent trip to Juneau he had multiple conversations with Legislators and Senators. Assembly member Skinner thanked Assembly member Turner for attending the Providence Kodiak Island Medical Center Community Advisory Board meeting in her stead while out of town. Nick Szabo read his letter from the Solid Waste Advisory Board. PUBLIC HEARING 1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 5 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 3 of 6 ARNDT moved to approve Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut To The State Aid For Costs Of School Construction Debt Program. Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the additional funding needed to pay the Borough's general obligation bond payment for FY2020. Mayor Roberts closed the regular meeting and opened the public hearing. Seeing none and hearing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, Turner, and Arndt. BOROUGH MANAGER’S REPORT Manager Powers reported on the following: Budgets-Reviewed staffing requests. Met with Department heads concerning budgets and process. Reviewed initial drafts of budget. Discussed operational and capital items. Finance Department is currently short staffed, AP is completed every 2 weeks instead of weekly. Discussed various dumpster locations for the areas that will no longer have roll carts. Followed up with City of Kodiak to try and determine acceptable locations. Reviewed status of previous school bond projects and potential future projects. Provided direction to staff regarding close out of high school construction bonds and school improvement bonds. Met with IBEW concerning Collective Bargaining Agreement negotiations. Reminder budget meeting on February 15, 2020. Met with City for LEPC Reminded the public that applications for new street signs are now online. Commended Finance Director, Dora Cross, and her staff for doing a great job on the audit and CAFR report. Out of the office on February 14, 2020. Southwest Alaska Municipal Conference (SWAMC) Anchorage-March 4-7. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Roberts reported on the following: Will attending the Coast Guard appreciation dinner on February 7, 2020. UNFINISHED BUSINESS 1. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. Clerks Note: The motion already on the floor from the December 5, 2019 Regular Meeting is to advance Ordinance No. FY2020-15 to public hearing at the next regular meeting of the Assembly. ARNDT moved to amend line 87 from up to 50% to up to 100%. AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 6 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 4 of 6 DVORAK moved to amend Section 3.10.030 Permissible investments, Subsection E, line 60 and Section 3.10.120 Facilities fund, Subsection E, lines 89 and 93, to read …by ordinance, subject to a 2/3 majority vote of the Assembly,… SKINNER moved to postpone to the regular meeting on March 19, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh (AYES) Turner (NO). ROLL CALL VOTE ON MOTION TO AMEND LINE 87 FROM UP TO 50% TO UP TO 100% CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak. Clerks Note: Motion to amend Section 3.10.030 Permissible investments, Subsection E, line 60 and Section 3.10.120 Facilities fund, Subsection E, lines 89 and 93, to read …by ordinance, subject to a 2/3 majority vote of the Assembly and motion to advance to the next public hearing were left on the floor. NEW BUSINESS A. Contracts None. B. Resolutions 1. *Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention And Response Standards was approved under consent agenda. C. Ordinances For Introduction 1. Ordinance No. FY2020-09 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Titles 1, 6, 8, 9, 10, 13, 16, 17 And 18 Of The Borough Code To Clarify And Make Consistent Language Relating To Code Enforcement. SKINNER moved to advance Ordinance No. FY2020-09 to public hearing at the next regular meeting of the Assembly. ARNDT moved to amend Lines 358 – 359 to read: b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll-off caused by the person discarding the waste or by improper use of the cart, bin or roll-off which causes solid waste to be left outside the cart, bin or roll-off. TURNER moved to amend the amendment to read: b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll-off caused by the person discarding the waste or by improper use of the cart, bin or roll-off which causes solid waste to be left outside the cart, bin or roll-off. Improper use of a cart, bin or roll-off includes: i.Discarding any material in a container for collection by the contract hauler except solid waste. ii.Discarding solid waste outside the solid waste container, except for bulky items discarded at the time when, and place where, the contract hauler is obligated to collect bulky items. iii.Failing to tightly close, latch or secure container lids. iv.Placing solid waste on top of or allowing solid waste to protrude from the container. AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 7 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 5 of 6 v.Discarding solid waste in containers in excess of the weight limit that the contract hauler prescribes on the container. vi.Discarding solid waste for pickup anywhere except at the set-out site designated by the contract hauler. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. ROLL CALL VOTE ON MOTION TO AMEND LINES 358 - 359 CARRIED FIVE TO TWO: Symmons, Turner, Arndt, Dvorak, Schroeder (AYES); Kavanaugh and Skinner (NOES) ARNDT moved to amend Lines 361 – 363 as follows: The contract hauler is not required to clean up solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler spills during collection and transportation. ROLL CALL VOTE ON MOTION TO AMEND LINES 361 - 363 CARRIED FIVE TO TWO: Turner, Arndt, Dvorak, Schroeder, Symmons (AYES); Kavanaugh and Skinner (NOES) ARNDT moved to amend lines 597- 606 to be replaced with: 10.20.010 Obstruction of rights-of-way. A. No person shall place, leave or deposit upon borough-owned streets or improved rights- of-way any vehicles, debris, or other objects, except that: 1. person may park a vehicle for a period of time not to exceed 24 hours. 2. A person may park, or allow or cause to be parked, a disabled or inoperable motor vehicle for a period not to exceed 24 hours. B. No person shall place, leave or deposit upon any street, developed right-of-way or drainage structure, any accumulation of snow or ice which has been removed from a private driveway or approach road. ROLL CALL VOTE ON MOTION TO AMEND LINES 597- 606 CARRIED FIVE TO TWO: Arndt, Dvorak, Schroeder, Symmons, Turner (AYES); Kavanaugh and Skinner (NOES) ROLL CALL VOTE ON MAIN MOTION TO ADVANCE ORDINANCE NO FY2020-09 TO PUBLIC HEARING CARRIED SIX TO ONE: Dvorak, Schroeder, Skinner, Symmons, Turner, Arndt (AYES); Kavanaugh (NO) SKINNER moved to extend to 11:00 p.m. VOICE VOTE CARRIED UNANIMOUSLY OTHER ITEMS *approved under consent agenda AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 8 of 88 Kodiak Island Borough February 6, 2020 Assembly Regular Meeting Minutes Page 6 of 6 1. *Letter of Support Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). 2. *Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Shields). 3. *Confirmation of Mayoral Appointment To The Parks and Recreation Committee (Mr. Hersh). 4. *Appointment To The Providence Kodiak Island Medical Center Community Advisory Board (Dr. Juergens and Mr. Turner). 5. Assembly Member Arndt Extended Travel To Juneau. DVOARK moved to approve Assembly member Arndt’s extended travel to Juneau. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak (AYES); Kavanaugh (NO). CITIZENS’ COMMENTS Judi Kidder Bob Tucker Ron Kavanaugh ASSEMBLY MEMBERS’ COMMENTS None. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 11:03 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of February 6, 2020 Page 9 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: FY2020 2nd Quarter Budget-v-Actual Presentation ORIGINATOR: Dora Cross RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: N/A OTHER INFORMATION: AGENDA ITEM #7.A. FY2020 2nd Quarter Budget-v-Actual Presentation Page 10 of 88 Kodiak Island Borough FY20 Second Quarter Budget-vs-Actual Update As of February 14, 2020 Presentation Date: February 20, 2020 AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 11 of 88 Definitions General Fund: A governmental Fund - the primary operating fund of our government Special Revenue Funds: Debt Service Funds: Enterprise Funds: A governmental Fund - used to a account for revenues obtained via specific taxes or other designated revenue sources A governmental Fund - used to account for the payment of principal, interest and costs resulting from the sale of bonds A proprietary Fund - similar to business type operations in that the costs of providing goods and services are recovered through user fees AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 12 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100) 2nd Qtr Property Tax Budget Accounts Receivable Amount Amount %Amount %Amount % Revenues Property Tax - Real (AR = $59434)718,025$ 709,275$ 99%(141)$ 0%709,134$ 99% Property Tax - Personal (AR = $42,253)79,781 86,809 109%(55) 0%86,754 109% Non-Ad Valorem Tax (AR = $1,200)27,000 29,100 108%- 0%29,100 108% Payment in Lieu of Tax x 1,338,000 - 0%58,863 4%58,863 4% Severance Tax x 1,409,000 196 0%709,377 50%709,573 50% Penalties & Interest x 200,000 73,499 37%92,154 46%165,653 83% Licenses & Permits x 72,975 41,579 57%15,486 21%57,065 78% Excise Tax x 405,000 - 0%109,146 27%109,146 27% Shared Revenue - Federal x 180,000 - 0%- 0%- 0% Shared Revenue - State x 1,739,374 430,174 25%842,943 48%1,273,117 73% Investment Earnings x 50,000 - 0%76,020 152%76,020 152% Miscellaneous x 3,200 17,876 559%5,851 183%23,727 741% Use of Fund Balance x 20,403 - 0%- 0%- 0% Total General Fund Revenues 6,242,758$ 1,388,508$ 22%1,909,644$ 31%3,298,152$ 53% COMPARISON: FY19 6,614,768$ 1,748,023$ 26%3,360,774$ 51%5,108,795$ 77% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 13 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 14 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 15 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 16 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 17 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 18 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 General Fund (100), con't. Budget Amount Amount %Amount %Amount % Expenditures Legislative 175,969$ 44,544$ 25%20,371$ 12%64,915$ 37% Borough Management 651,622 111,996 17%193,903 30%305,899 47% Borough Clerk 500,009 94,148 19%134,697 27%228,845 46% Borough Attorney 135,000 18,871 14%13,722 10%32,593 24% Finance/Accounting 932,445 129,953 14%236,823 25%366,776 39% Finance/ IT 989,937 218,549 22%179,046 18%397,595 40% Assessing 608,205 114,824 19%208,689 34%323,513 53% Engineering/Facilities 384,294 67,980 18%123,099 32%191,079 50% Community Development 970,101 167,072 17%131,121 14%298,193 31% Building Official 166,591 48,767 29%6,830 4%55,597 33% Economic Development 20,600 20,600 100%- 0%20,600 100% General Administration 210,038 83,257 40%64,306 31%147,563 70% Parks and Recreation 86,904 9,896 11%2,470 3%12,366 14% Emergency Preparedness 63,043 350 1%2,455 4%2,805 4% Animal Control 118,700 59,350 50%59,350 50%118,700 100% Education, Culture & Recreation 20,800 16,562 80%1,168 6%17,730 85% College and Libraries 50,000 50,000 100%- 0%50,000 100% Non Profit Funding 157,500 157,500 100%- 0%157,500 100% Transfers Out 13,000 13,000 100%- 0%13,000 100% - - Total General Fund Expenditures 6,254,758$ 1,427,219$ 23%1,378,050$ 22%2,805,269$ 45% COMPARISON: FY19 6,614,768$ 1,505,095$ 23%1,664,927$ 25%3,170,021$ 47% 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 19 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 Special Revenue Funds (Revenues and Expenditures) 2nd Qtr Property Tax Budget Accounts Receivable Amount Amount %Amount %Amount % 1 Education Support Fund (201)(AR = $391,294)10,590,505$ 1,833,556$ 17%3,349,679$ 32%5,183,235$ 49% 2 Land Sales (210)x 137,943$ 3,711$ 3%7,356$ 5%11,067$ 8% 3 Buildings & Grounds Fund (220)x 1,166,685$ 237,397$ 20%97,763$ 8%335,160$ 29% 4 Local Emergency Planning Committee (234)x 13,000$ -$ 0%-$ 0%-$ 0% 5 Women's Bay Road Service Area (240)(AR = $11,254)232,600$ 76,918$ 33%29,738$ 13%106,656$ 46% 6 Service Area No. 1 (242)(AR = $10,133)420,500$ 15,939$ 4%55,536$ 13%71,475$ 17% 7 Service Area No. 2 (243)(AR = $0)-$ -$ 0%-$ 0%-$ 0% 8 Monashka Bay Road Services Area (244)(AR = $1,875)49,805$ -$ 0%1,278$ 3%1,278$ 3% 9 Bay View Road Service Area (246)(AR = $499)13,979$ -$ 0%142$ 1%142$ 1% 1st Qtr 2nd Qtr Expenditures Expenditures Expenditures Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 20 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 Special Revenue Funds, con't. (Revenues and Expenditures) 2nd Qtr Property Tax Budget Accounts Receivable Amount Amount %Amount %Amount % 10 Fire Protection Area No. 1 (250)(AR = $13,651)754,274$ 120,165$ 16%88,085$ 12%208,250$ 28% 11 Women's Bay Fire Department (252)(AR = $5,627)205,700$ 42,020$ 20%5,230$ 3%47,250$ 23% 12 KIB Airport Fire Area (254)(AR = $6,566)17,200$ 8,734$ 51%-$ 0%8,734$ 51% 13 Woodland Acres Street Light Area (260)(AR = $23)5,356$ 720$ 13%15,754$ 294%16,474$ 308% 14 Trinity Acres Lighting Dist. (261)(AR = $26)2,000$ 279$ 14%422$ 21%701$ 35% 15 Mission Lake Tide Gate (262)(AR = $0)1,821$ 73$ 4%183$ 10%256$ 14% 17 Facilities Fund (276)x 750,000$ 539,436$ 72%-$ 0%539,436$ 72% 18 Tourism Development (277) x 132,000$ 94,500$ 72%-$ 0%94,500$ 72% 19 Commercial Passenger Vessel (278)x 40,000$ -$ 0%-$ 0%-$ 0% Total Special Revenue Funds 14,533,368$ 2,973,448$ 20%3,651,166 25%6,624,614$ 46% Expenditures Expenditures Expenditures 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 21 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 Debt Service Funds (Revenues and Expenditures) 2nd Qtr Property Tax Budget Accounts Receivable Amount Amount %Amount %Amount % 1 Debt Service (300)(AR = $95,213)8,037,617$ 3,494,892$ 43%579,292$ 7%4,074,184$ 51% Total Debt Service Funds 8,037,617$ 3,494,892$ 43%579,292$ 7%4,074,184$ 51% Enterprise Funds (Revenues and Expenditures) 2nd Qtr Property Tax Budget Accounts Receivable Amount Amount %Amount %Amount % 1 Solid Waste Disposal Fund (530)x 4,906,693$ 576,508$ 12%600,180 12%1,176,688$ 24% 2 Hospital Enterprise Fund (540)x 1,416,686$ 131,238$ 9%299,847 21%431,085$ 30% 3 Long Term Care Enterprise Fund (545)x 1,133,432$ -$ 0%231,538 20%231,538$ 20% 4 Kodiak Fisheries Research Center (555)x 2,209,600$ 156,759$ 7%254,787 12%411,546$ 19% 5 Research Court Apartments (556)x 397,517$ -$ 0%14,785 1%14,785$ 4% 5 911 Service (560)x 250,000$ 1,500$ 1%37,681 15%39,181$ 16% - Total Enterprise Funds 10,313,928$ 866,005$ 8%1,438,818$ 14%2,304,823$ 22% 1st Qtr 2nd Qtr Expenditures Expenditures Expenditures Cumulative Total Expenditures Expenditures Expenditures 1st Qtr 2nd Qtr Cumulative Total AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 22 of 88 Kodiak Island Borough FY2020 Quarterly Budget Summary 2nd Quarter as of 02/14/20 (Revenues and Expenditures) Budget Amount Amount %Amount %Amount % Total all Funds 39,139,671$ 8,761,563$ 22%7,047,327$ 18%15,808,890$ 40% FY2019 Comparison 37,038,350$ 10,277,434$ 35%5,170,355$ 8%15,447,789$ 43% 1st Qtr 2nd Qtr Cumulative Total Expenditures Expenditures Expenditures AGENDA ITEM #7.A.FY2020 2nd Quarter Budget-v-Actual PresentationPage 23 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the Borough code to clarify and make consistent language relating to code enforcement. ORIGINATOR: Erin Welty RECOMMENDATION: Move to adopt Ordinance No. FY2020-09. DISCUSSION: Following discussion at the January 9, 2020 & January 30, 2020 work sessions, staff has made suggested changes to code sections addressing enforcement and the UMOT table. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 24 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 1 of 21 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Borough Manager 2 Introduced on: 02/06/2020 3 Amended on: 02/06/2020 4 Public Hearing Date: 02/20/2020 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND 11 MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT 12 13 WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak 14 Island Borough Code to accommodate inclusion of certain Borough Code violations in the Alaska 15 Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and 16 17 WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as 18 misdemeanors restricts the ability to enforce those offenses through a citation process; and 19 20 WHEREAS, the Assembly finds that it is appropriate to update references to enforcement 21 officers in the Borough Code to eliminate different terms referring to the same functions; and 22 23 WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to enforce 24 the Borough Code using the minor offense process through the Alaska Court system. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature 30 and shall become a part of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2: Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read 33 as follows: 34 35 Chapter 1.20 36 GENERAL PENALTY 37 Sections: 38 1.20.010 Designated. 39 1.20.020 Scope of prohibitions. 40 1.20.030 Code enforcement officer designation. 41 1.20.040 Application of fine schedule. 42 1.20.050 Fine schedule. 43 44 1.20.010 Designated. 45 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 25 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 2 of 21 Insertion – Bold, Blue, Underlined Version 1 A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine 46 of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is 47 established by ordinance for the provision violated and that penalty is listed in the schedule of 48 fines adopted by the borough assembly, that penalty shall apply. 49 50 B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed 51 of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of 52 the fine amounts established in a schedule of fines adopted by the borough assembly by 53 ordinance resolution, plus the state surcharge required by AS 12.55.039 and 29.25.074. For 54 purposes of elevated fines for subsequent offenses, a prior offense is within the time 55 period for consideration if the conviction for that offense occurred within 3 years prior to 56 the date of the present alleged violation. The Rules of Minor Offense Procedure in the Alaska 57 Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging 58 these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with 59 one of these offenses appears in court and is found guilty, the penalty imposed for the offense 60 may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule 61 of fines, or if an offense is listed as requiring a mandatory court appearance, the defendant 62 must appear in court to answer to the charges. These fines prescribed in the fine schedule may 63 not be judicially reduced. 64 65 C. The borough or an aggrieved person may institute a civil action against a person, including a 66 minor as provided in this subsection, who violates any provision of this code. In addition to 67 injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 68 borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 69 enjoin a violation may be brought notwithstanding the availability of any other remedy. On 70 application for injunctive relief and a finding of a violation or a threatened violation, the superior 71 court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 72 separate violation. 73 74 D. The borough shall provide written notice to the commissioner of health and social services or 75 to the commissioner’s designee of the commencement of a civil enforcement action for the 76 violation of an ordinance under subsection C of this section against a minor. Unless the 77 commissioner and the borough have negotiated an agreement making other arrangements for 78 the borough to provide the notice required by this subsection, the borough shall provide the notice 79 by mailing a copy of the citation or other document setting out the notice of the commencement 80 of the civil enforcement action. 81 82 E. In this section, “minor” means a person under 18 years of age. 83 84 F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 85 against a minor for violation of any provision of this code shall be heard in the district court in the 86 same manner as for similar allegations brought against an adult, except that the minor’s parent, 87 guardian, or legal custodian shall be present at all proceedings unless the court excuses the 88 parent, guardian, or legal custodian from attendance for good cause. 89 90 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 26 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 3 of 21 Insertion – Bold, Blue, Underlined Version 1 G. An action for a civil penalty filed against a minor under this section does not give rise to the 91 right to a trial by jury or to counsel appointed at public expense. 92 93 1.20.020 Scope of prohibitions. 94 When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit 95 causing, aiding, abetting, or concealing the fact of the act or omission. 96 97 1.20.030 Code enforcement officer designation. 98 The manager may designate in writing as borough code enforcement officers those 99 persons authorized to enforce any part of this code. Any officer so designated to enforce 100 some or all provisions of the KIB Code shall be authorized to issue citations, or notices of 101 violation where permitted, for any violation of this code which the officer is authorized to 102 enforce in the manner provided by AS 12.25.180 through 12.25.230. Borough code 103 enforcement officers appointed under the authority of this section shall not have the 104 general authority of police officers. 105 106 1.20.040 Application of fine schedule. 107 A. For voluntary disposition after either arraignment or application for entry of a default 108 judgment, the alleged violator may submit the amount set forth in the fine schedule, along 109 with the required statutory police training surcharge, to the court. 110 111 B. In the event any penalties or fines are not paid within 30 days after the date they are due 112 pursuant to the court’s order, such penalties or fines shall be delinquent. 113 114 C. Notwithstanding other provisions of this section, delinquent penalties and fines may be 115 collected through any lawful means. The cost of collection of such accounts shall be added 116 to the amount owed. 117 118 1.20.050 Fine schedule. 119 Code Section Offense Penalty/Fine KIBC 6.04.020 Cruelty to Animals mandatory court appearance KIBC 6.04.060 Contagious Animals Prohibited (1st offense) $55 KIBC 6.04.060 Contagious Animals Prohibited (2nd offense) $83 KIBC 6.04.060 Contagious Animals Prohibited (3rd and subsequent offenses) $100 KIBC 6.04.080 Annoying Animals Prohibited (1st offense) $28 KIBC 6.04.080 Annoying Animals Prohibited (2nd offense) $55 KIBC 6.04.080 Annoying Animals Prohibited (3rd and subsequent offenses) $83 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 27 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 4 of 21 Insertion – Bold, Blue, Underlined Version 1 Code Section Offense Penalty/Fine KIBC 6.04.100(A) Control of Animals mandatory court appearance KIBC 6.04.100(B)&(D) Control of Animals (1st offense) $55 KIBC 6.04.100(B)&(D) Control of Animals (2nd offense) $83 KIBC 6.04.100(B)&(D) Control of Animals (3rd and subsequent offenses) $110 KIBC 6.04.110 Animal Littering Prohibited (1st offense) $28 KIBC 6.04.110 Animal Littering Prohibited (2nd offense) $55 KIBC 6.04.110 Animal Littering Prohibited (3rd and subsequent offenses) $83 KIBC 6.04.120 Animal Identification (1st offense) $28 KIBC 6.04.120 Animal Identification (2nd offense) $55 KIBC 6.04.120 Animal Identification (3rd and subsequent offenses) $83 KIBC 6.04.130 Animal Tag and Collar (1st offense) $28 KIBC 6.04.130 Animal Tag and Collar (2nd offense) $55 KIBC 6.04.130 Animal Tag and Collar (3rd and subsequent offenses) $83 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (1st offense) $50 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (2nd offense) $200 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (3rd offense) $500 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-out (4th and subsequent offenses) $1000 KIBC 10.10.010 Junk Vehicles (1st offense) $450 KIBC 10.10.010 Junk Vehicles (2nd and subsequent offenses) $600 KIBC 10.20.010 Obstruction of Rights-of-Way (1st offense) $50 KIBC 10.20.010 Obstruction of Rights-of-Way (2nd offense) $100 KIBC 10.20.010 Obstruction of Rights-of-Way (3rd and subsequent offenses) $200 KIBC 10.20.020 Obstruction of Service (1st offense) $50 KIBC 10.20.020 Obstruction of Service (2nd offense) $100 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 28 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 5 of 21 Insertion – Bold, Blue, Underlined Version 1 Code Section Offense Penalty/Fine KIBC 10.20.020 Obstruction of Service (3rd and subsequent offenses) $200 120 The schedule of fines shall be reviewed annually by the borough assembly during the 121 development of the budget. The community development director shall review the fines 122 for consistency with the State of Alaska’s Rules of Minor Offense Procedure and present 123 the findings to the borough assembly for consideration during its review. 124 125 Section 3: Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 126 amended to read as follows: 127 128 6.04.270 Penalties and remedies. 129 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 130 6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 131 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 132 borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 133 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 134 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 135 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 136 person may choose to appear in court and contest the citation. If a person charged with one of 137 these offenses appears in court and is found guilty, the penalty imposed for the offense may not 138 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 139 the defendant must appear in court to answer to the charges. These fines may not be judicially 140 reduced. If a person is cited for an offense for which a scheduled fine has been established under 141 this chapter and fails to pay a fine or appear in court, the citation shall be considered a summons 142 for a misdemeanor. 143 144 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 145 bring a civil action to enjoin any violation of this chapter. An action for injunction under this section 146 may be brought notwithstanding the availability of any other remedy. Upon application for 147 injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin 148 the violation. 149 150 C. Each act or condition violating this chapter, and each day during which the act or condition 151 exists when the owner or keeper is known to be aware of the condition, shall be a separate and 152 distinct violation except in circumstances where the violation is acknowledged and actively being 153 corrected. 154 155 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 156 penalty provided for in state law or any civil remedy available to the borough. 157 158 Section 4: Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 159 amended to read as follows: 160 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 29 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 6 of 21 Insertion – Bold, Blue, Underlined Version 1 161 8.20.030 Penalties and remedies. 162 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 163 8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 164 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 165 borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 166 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 167 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 168 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 169 person may choose to appear in court and contest the citation. If a person charged with one of 170 these offenses appears in court and is found guilty, the penalty imposed for the offense may not 171 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 172 the defendant must appear in court to answer to the charges. These fines may not be judicially 173 reduced. If a person is cited for an offense for which a scheduled fine has been established in the 174 schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 175 summons for a misdemeanor. In addition, the court may order the person to gather and dispose 176 of litter in an area and for a length of time to be determined by the court. 177 178 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 179 bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the 180 plaintiff suffered as a result of the violation. 181 182 C. Each act or condition violating this chapter and each day during which the act or condition 183 exists, continues or is repeated shall be a separate and distinct violation. 184 185 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 186 penalty provided for in state law or any civil remedy available to the borough. 187 188 Section 5: Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read as 189 follows: 190 191 8.25.020 Definitions. 192 In this chapter, each of the following terms has the respective corresponding meaning: 193 194 “Bear cart” means a cart designed to be resistant to opening by bears. 195 196 “Bin” means a receptacle for storing solid waste that is picked up with front-end loading vehicles, 197 such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 198 199 “Borough landfill” means the landfill owned by the borough. 200 201 “Bulky item(s)” means any large item of solid waste, as determined from time to time by the 202 manager which can be safely lifted by two individuals using a dolly, generated at residential 203 premises and discarded at residential set-out sites, such as the following: 204 1. Furniture, including metal desks and storage cabinets; 205 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 30 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 7 of 21 Insertion – Bold, Blue, Underlined Version 1 2. Pianos and organs; 206 3. Televisions; 207 4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 208 stoves; 209 5. Toys, bikes, and dismantled swing sets; 210 6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 211 tires per customer each calendar month, with rims removed; and 212 7. Any item, other than lumber, that can be cut or broken down meeting the following 213 requirements: 214 a. Not longer than four feet in length; and 215 b. Weighing no more than 70 pounds. 216 217 “Bulky items” does not mean the following: 218 1. Material generated at nonresidential premises, including commercial business 219 operations; 220 2. Bundled yard waste, branches; 221 3. Sod, soil, and rock; 222 4. Broken concrete and asphalt; 223 5. Brick, block, and stone; 224 6. Railroad ties or similar type of retaining wall timbers; 225 7. Remodeling debris, including shingles; 226 8. Carpeting; 227 9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 228 10. Windows and doors; 229 11. Lumber; 230 12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 231 straw, or other materials that have been used for animals’ or fowls’ bedding; 232 13. Liquids, including paint; 233 14. Hazardous waste, including household hazardous waste; 234 15. Fuel oil tanks; and 235 16. Any automotive parts, including vehicle batteries and tires. 236 237 “C&D (Construction & Demolition) Debris” means any Solid Waste discarded in Dumpsters 238 or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 239 Dumpster and Roll-Off Collection Service section of the approved Collection contract, 240 such as the following: 241 1. Bundled yard waste, branches; 242 2. Sod, soil and rock; 243 3. Broke concrete and asphalt; 244 4. Brick, block, and stone; 245 5. Railroad ties or similar type of retaining wall timbers; 246 6. Remodeling debris; 247 7. Carpeting; 248 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 249 9. Windows and doors; and 250 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 31 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 8 of 21 Insertion – Bold, Blue, Underlined Version 1 10. Lumber. 251 252 “Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 253 semi- or fully-automated vehicles. 254 255 “Collection contract” means the contract described between the contract hauler and the 256 borough for collection of solid waste and transportation to the borough landfill. 257 258 “Collection service area” means all premises accessible via roads maintained by the state 259 of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 260 City and within the boundaries of the borough, except for the USCG facilities and past 261 milepost one of Anton Larsen Road. 262 263 “Commercial” describes people, such as customers, places, such as premises, or things, 264 such as carts or types of solid waste, in the borough that are not residential or multifamily. 265 266 “Compactor” means a receptacle containing a ram that pushes and compresses waste 267 into a container or bale. 268 269 “Contract hauler” means the contractor under the municipal solid waste collection contract. 270 271 “Dead animal” means the carcass from an animal, large or small, except part of an animal 272 used for food or other beneficial purpose in accordance with federal, state or local laws 273 and regulations. Does not include fish or other primary aquatic animal. 274 275 “Disposal” or “dispose” means the act or action of discarding solid waste. 276 277 “Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 278 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 279 pathological wastes, radioactive materials, explosive or highly flammable materials, oil 280 and petroleum products, and burning or smoldering materials. 281 282 “Household hazardous waste” means hazardous waste generated on residential premises. 283 284 “Manager” means the borough manager or designee. 285 286 “Multifamily” describes people, such as customers, places, such as premises, or things, 287 such as carts or types of solid waste, in the borough that are not residential premises. 288 289 “Multifamily premises” means premises that are not residential premises, and therefore 290 contains four or more dwelling units, including apartment complexes and trailer courts. 291 292 “Premises” means property having any habitable building, whether residential, 293 multifamily, or commercial. 294 295 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 32 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 9 of 21 Insertion – Bold, Blue, Underlined Version 1 “Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 296 use again or for a new use or function. 297 298 “Residential premises” means a premises meeting both of the following conditions: 299 1. It contains one, two, or three dwelling unit(s); and 300 2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 301 individuals. 302 303 “Roll-off” means an open-topped rectangular receptacle for storage, collection, and 304 transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 305 reeving cylinders (hooks). 306 307 “Scavenging” means the controlled removal of waste materials for recycling or reuse. 308 309 “Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 310 published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 311 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 312 treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 313 solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 314 treatment sludge. 315 316 “Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 317 318 “Solid waste collection” means the act of removing solid waste from the central storage 319 point of a primary generating source, such as a residence or business, to a place of solid 320 waste disposal. 321 322 “Solid waste disposal” means the orderly process of finally disposing of solid waste. 323 324 “Solid waste generator” means anyone who creates solid waste during everyday living 325 and working. 326 327 “Solid waste storage” means the interim containment of solid waste, in an approved 328 manner, after generation and prior to collection and disposal. 329 330 Section 6: Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, is 331 amended to read as follows: 332 333 8.25.070 Solid waste storage and set-out. 334 A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or 335 cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or carts 336 must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from 337 solid waste and placed in watertight bags before discarding them in containers. 338 339 B. Set-Out. 340 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 33 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 10 of 21 Insertion – Bold, Blue, Underlined Version 1 1. Site. Anyone who receives solid waste collection service in cCarts or bins service must be 341 placed their container in the following locations by the contract hauler or solid waste collection 342 service recipient, or as instructed by the contract hauler: 343 344 a. Roadside; 345 b. In an adjacent alley; or 346 c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 347 For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 348 contract hauler may instruct the customer to set out containers on only one specified street, alley, 349 or roadway. 350 351 The contract hauler may require alternative placement based on site-specific conditions. 352 353 2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 354 or roll-off, must do the following: 355 356 a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by 357 the contract hauler for that customer’s use; and 358 a. b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside 359 the cart, bin, or roll-off caused by the person discarding the waste or by improper 360 use of the cart, bin or roll-off which causes solid waste to be left outside the 361 cart, bin or roll-off. Improper use of a cart, bin or roll-off includes: 362 i. Discarding any material in a container for collection by the contract 363 hauler except solid waste. 364 ii. Discarding solid waste outside the solid waste container, except for 365 bulky items discarded at the time when, and place where, the contract 366 hauler is obligated to collect bulky items. 367 iii. Failing to tightly close, latch or secure container lids. 368 iv. Placing solid waste on top of or allowing solid waste to protrude from the 369 container. 370 v. Discarding solid waste in containers in excess of the weight limit that the 371 contract hauler prescribes on the container. 372 vi. Discarding solid waste for pickup anywhere except at the set-out site 373 designated by the contract hauler. 374 375 The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 376 otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 377 spills during collection and transportation. 378 379 3. Prohibited Conduct. 380 a. Anyone who receives utilizes solid waste cart collection service, whether in a cart, bin or roll-381 off, must not do any of the following: discard dead animals in the cart. The discarding of any 382 solid waste outside the cart is also prohibited, including the following items: 383 384 a. Discard dead animals in the cart, bin, or roll-off; or 385 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 34 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 11 of 21 Insertion – Bold, Blue, Underlined Version 1 b. Discard any solid waste outside the cart, bin, or roll-off, including the following: 386 387 i. Litter; 388 ii. Bulky items, such as appliances, bed springs, mattresses, furniture as defined by KIBC 389 8.25.020; 390 iii. C&D Debris as defined by KIBC 8.25.020 Nonbulky items listed in the definition of “bulky 391 items” (such as construction/demolition waste, unless as allowed during temporary service as in 392 KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and 393 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 394 395 No one may discard any material in a roll-off except for the roll-off provided by the contract hauler 396 for that person’s solid waste collection service. 397 398 b. Anyone who utilizes solid waste bin or roll-off collection services must securely close 399 and latch the bin or roll-off door or cover. The discarding of any solid waste outside the 400 bin or roll-off is prohibited, including, but not limited to, the following items: 401 402 i. Litter: 403 ii. Bulky items as defined by KIBC 8.25.020; 404 iii. C&D Debris as defined by KIBC 8.25.020; and 405 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 406 407 No one may discard any material in a roll-off except for the roll-off provided by the contract 408 hauler for that person’s solid waste collection service. 409 410 C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 411 between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 412 collection, including the arm on an automated collection truck. A cart customer must maintain 413 clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 414 including clearing away snow and other obstructions, such as parked vehicles. 415 416 D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 417 for solid waste collection, if directed by the contract hauler when there is limited space for set-out 418 or collection of bins. 419 420 E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 421 hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, 422 it is not obligated to provide collection service there. Contractor will coordinate safe set-out 423 location with customer for each occurrence. 424 425 Section 7: Kodiak Island Borough Code section 8.25.220, Administration, implementation and 426 enforcement, is amended to read as follows: 427 428 8.25.220 Administration, implementation, and enforcement. 429 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 35 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 12 of 21 Insertion – Bold, Blue, Underlined Version 1 The manager is authorized to administer, implement, and enforce this chapter and promulgate 430 related solid waste policy, unless this chapter expressly names another person. The manager 431 may request assistance from other persons or request that other persons administer, implement 432 and enforce all or a portion of this chapter. Examples of other persons are: 433 434 A. The director of finance or the auditor-controller, for example, with respect to collection of user 435 fees; 436 B. City of Kodiak police department; 437 C. Borough attorney; 438 D. Other borough departments; 439 E. District attorney; 440 F. Alaska State Department of Environmental Conservation; 441 G. Alaska Department of Fish and Game; 442 H. Alaska State Troopers; and 443 I. An A Code enforcement officer designated under KIBC 1.20.030. 444 445 Section 8: Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 446 447 8.25.230 Enforcement officer. 448 A. Authority. The enforcement officer has the authority to issue citations, summons, and 449 complaints, or notices of violation to anyone who violates this chapter. 450 B. Citation. A citation filed in the district court charging a violation under this chapter is deemed 451 as a lawful complaint for purposes of prosecution under this chapter. 452 453 Section 9: Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 454 follows: 455 456 9.10.060 Penalty. 457 Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 458 AS 29.25.070(a), citations for the certain offenses violations of Chapter 9.10 KIBC may be 459 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 460 payment of the fine amounts established in a schedule of fines adopted by the borough assembly 461 by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 462 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court 463 apply to all offenses listed in the established schedule of fines. Citations charging these offenses 464 must meet the requirements of Minor Offense Rule 3. Alternatively, the person may choose to 465 appear in court and contest the citation. If a person charged with one of these offenses appears 466 in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount 467 for that offense listed. If an offense is not listed on this schedule of fines, the defendant must 468 appear in court to answer to the charges. These fines may not be judicially reduced. If a person 469 is cited for an offense for which a scheduled fine has been established in the schedule of fines 470 and fails to pay a fine or appear in court, the citation shall be considered a summons for a 471 misdemeanor. 472 473 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 36 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 13 of 21 Insertion – Bold, Blue, Underlined Version 1 Section 10: Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read as 474 follows: 475 476 Chapter 9.20 477 PEACE CODE ENFORCEMENT OFFICERS 478 479 Sections: 480 9.20.010 Authority. 481 9.20.020 Interference with a peace borough code enforcement officer. 482 9.20.030 Penalty. 483 484 9.20.010 Authority. 485 The manager may in writing designate one or more employees of the borough as peace code 486 enforcement officers per KIBC 1.20.030. with the authority to issue citations, conduct 487 investigations of violations of and enforce the Kodiak Island Borough Code, ordinances, and 488 regulations, and to take other action consistent with the exercise of these enumerated powers 489 when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and 490 maintain the public peace. 491 492 9.20.020 Interference with a peace borough code enforcement officer. 493 No person may interfere with a peace borough code enforcement officer while he is in the 494 performance of his the officer’s duties. A person who does any of the following is guilty of 495 interfering with a peace borough code enforcement officer: 496 497 A. By use or threat of force or violence, the person he prevents or attempts to prevent a peace 498 borough code enforcement officer from carrying out the officer’s his duties; 499 500 B. By use or threat of force or violence, the person he attempts to aid or aids a person in 501 preventing a borough code enforcement peace officer from carrying out the officer’s his duties; 502 or 503 504 C. With intent to delay or prevent a borough code enforcement peace officer from discharging 505 the officer’s lawful duties, the person he in any manner physically impedes or hinders the 506 borough code enforcement peace officer. 507 508 9.20.030 Penalty. 509 A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or wounds a 510 peace borough code enforcement officer in violation of KIBC 9.20.020 while he is performing 511 his duties is guilty of a violation misdemeanor, punishable by a fine of not more than $500.00 or 512 by imprisonment in jail for not more than 30 days, or by both, in addition to the surcharge required 513 to be imposed under AS 12.55.039. 514 515 Section 11: Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 516 follows: 517 518 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 37 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 14 of 21 Insertion – Bold, Blue, Underlined Version 1 TITLE 10 519 VEHICLES AND TRAFFIC 520 521 Chapters: 522 10.10 Junk or Abandoned Vehicles. 523 10.20 Stopping, Standing, and Parking. 524 525 10.10.005 Definitions. 526 For the purpose of this chapter the following definitions shall apply: 527 528 “Abandoned vehicle” means: any motorized or towed vehicle, wheeled or tracked, which has been 529 left unattended for a length of time which has resulted in the vehicle’s deterioration or destruction. 530 1. A registered vehicle that reasonably appears to have been left unattended, standing, 531 parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area 532 in excess of 48 hours, that reasonably appears to have been left standing or parked on 533 private property in excess of 24 hours or upon other public property for more than 30 days, 534 without the consent of the owner or person in charge of the property; or 535 2. A wrecked or junk vehicle that reasonably appears to have been left unattended, 536 standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular 537 way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to 538 have been left standing or parked on private property or other public property in excess of 539 24 hours and without the consent of the owner or person in charge of the property. 540 541 “Junk” means any worn out, cast-off, or discarded article or material which is ready for destruction 542 or has been collected or stored for conversion or salvage to some other use. 543 544 “Junk vehicle” means a vehicle that: 545 1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 546 2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 547 3. Has not been repaired because of mechanical difficulties or because the cost of repairs 548 required to make it operable exceeds the fair market value of the vehicle; or 549 4. Is in a condition that exhibits more than one of the following elements: 550 a. Broken glass; 551 b. Missing wheels or tires; 552 c. Missing body panels or parts; or 553 d. Missing drive train parts. 554 555 “Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle 556 without substantial repair or reconstruction. 557 558 10.10.010 Junk or abandoned vehicles. 559 A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 560 the borough. 561 562 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 38 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 15 of 21 Insertion – Bold, Blue, Underlined Version 1 B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set aside 563 by law as a refuse disposal site open for the disposal of junk or vehicles. 564 565 C. It is unlawful for a person, without the consent of the property owner or person in possession 566 or control of property, to store or abandon junk or a vehicle on said property unless such property 567 is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and 568 storage have been paid and all other requirements of disposal have been met. 569 … 570 571 10.10.080 Penalties and remedies. 572 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 573 10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 574 appearance, upon payment of the fine amounts established in a schedule of fines adopted by the 575 borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 576 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 577 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations 578 charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the 579 person may choose to appear in court and contest the citation. If a person charged with one of 580 these offenses appears in court and is found guilty, the penalty imposed for the offense may not 581 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, 582 the defendant must appear in court to answer to the charges. These fines may not be judicially 583 reduced. If a person is cited for an offense for which a scheduled fine has been established in the 584 schedule of fines and fails to pay a fine or appear in court, the citation shall be considered a 585 summons for a misdemeanor. 586 587 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 588 bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 589 plaintiff suffered as a result of the violation. 590 591 C. Each act or condition violated in this chapter, and each day during which the act or condition 592 exists, continues or is repeated shall be a separate and distinct violation. 593 594 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 595 penalty provided for in state law or any civil remedy available to the borough. 596 597 CHAPTER 10.20 598 STOPPING, STANDING, AND PARKING 599 600 Sections: 601 10.20.005 Definitions. 602 10.20.010 Obstruction of rights-of-way. 603 10.20.020 Obstruction of service. 604 10.20.030 Penalties and remedies. 605 606 10.20.005 Definitions. 607 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 39 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 16 of 21 Insertion – Bold, Blue, Underlined Version 1 “Extreme weather event” means unexpected, unusual, unpredictable, severe, or 608 unseasonable weather which requires municipal intervention to prevent damage to 609 property, loss of life, or interruption of necessary public services. 610 611 10.20.010 Obstruction of rights-of-way. 612 A. No person shall place, leave or deposit upon borough-owned streets or improved rights-613 of-way any vehicles, debris, or other objects, except that: 614 615 1. person may park a vehicle for a period of time not to exceed 24 hours. 616 617 2. A person may park, or allow or cause to be parked, a disabled or inoperable motor 618 vehicle for a period not to exceed 24 hours. 619 620 B. No person shall place, leave or deposit upon any street, developed right-of-way or 621 drainage structure, any accumulation of snow or ice which has been removed from a 622 private driveway or approach road. 623 624 10.20.020 Obstruction of service. 625 A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall 626 remove the subject vehicle within twelve hours of the issuance of a temporary parking 627 closure. Temporary parking closure notifications shall be provided by borough officials 628 or service district representatives via public radio and temporary signage placed in the 629 vicinity of the closure. 630 631 B. During declared natural disasters, extreme weather events or when a vehicle is 632 impeding necessary public services, where immediate action by the borough or service 633 district is required in order to maintain operability of the street or improved right of way, a 634 minimum of two borough officials, upon agreement, may have vehicles removed from the 635 right-of-way without notification to the vehicle’s owner prior to removal. 636 637 10.20.030 Penalties and remedies. 638 A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC 639 may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 640 appearance, upon payment of the fine amounts established in a schedule of fines adopted 641 by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state 642 surcharge required by AS 12.55.039 and 29.25.074. 643 644 B. Penalties incurred and/or remedies sought for violations of this chapter are the 645 responsibility of the registered owner of the vehicle, any person who has acquired legal 646 title to the vehicle from or through the registered owner, or any person who has violated 647 KIBC 10.20.010 or 10.20.020. 648 649 C. Notwithstanding the availability of any other remedy, the borough or any aggrieved 650 person may bring a civil action to enjoin any violation of this chapter, or to obtain damages 651 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 40 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 17 of 21 Insertion – Bold, Blue, Underlined Version 1 for any injury the plaintiff suffered as a result of the violation, including, but not limited to, 652 the recovery of costs associated with towing and impoundment. 653 654 D. Each act or condition violated in this chapter, and each day during which the act or 655 condition exists, continues or is repeated shall be a separate and distinct violation. 656 657 E. The penalties provided for violation of this chapter are in addition to and not in lieu of 658 any other penalty provided for in state law or any civil remedy available to the borough. 659 660 Section 12: Kodiak Island Borough Code section 13.20.020, Administration enforcement 661 action, is amended to read as follows: 662 663 13.20.020 Administration enforcement action. 664 A. In any situation in which the borough engineer, or his authorized representative, has reason to 665 believe that the public health, safety or welfare requires corrective action, he may: 666 667 1. Exercise the right to entry for investigative purposes at all reasonable times and upon 668 presentation of proper credentials. If such entry is refused, the borough engineer, or 669 authorized representative, shall have recourse to every remedy provided by law to secure 670 entry; 671 672 2. Order any work being done contrary to the provisions of this title to be stopped by serving 673 notice on any persons engaged in doing or causing the work to be done, and any such 674 persons shall forthwith stop such work until authorized in writing to proceed. If the order is 675 issued verbally, a written order shall be issued prior to the conclusion of the next regular 676 workday stating the nature of the work to be stopped; and 677 678 3. Order the abatement of any condition affecting the public health, safety, and welfare. If the 679 order is given verbally, a written order shall be issued prior to the conclusion of the next 680 regular workday setting forth the nature of the abatement action and the time allowed for 681 compliance. 682 683 B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 684 investigation, initiate criminal proceedings against any person for the violation of this title. Except 685 for prosecution for failing to comply with an order issued under subsection A of this section, the 686 borough engineer shall give at least 10 days’ written notice of intent to prosecute and may initiate 687 criminal proceedings only if the violation is not cured, and if the person who is the subject of the 688 notice fails to seek appropriate administration relief within the notice period. 689 690 Section 13: Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 691 amended to read as follows: 692 693 13.20.050 Penalties and remedies. 694 A. A person who violates any provision of this title, or any order issued under KIBC 13.20.020(A), 695 is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine of not more 696 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 41 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 18 of 21 Insertion – Bold, Blue, Underlined Version 1 than $500.00 for each day of violation, in addition to the surcharge required to be imposed under 697 AS 12.55.039. 698 699 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 700 title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for any 701 injury the plaintiff suffered as the result of the violation. An action for injunction under this section 702 may be brought notwithstanding the availability of any other remedy. Upon application for 703 injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin 704 the violation. 705 706 Section 14: Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 707 amended to read as follows: 708 709 15.50.030 Penalties and remedies. 710 A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 711 guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 712 $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of 713 violation constitutes a separate offense. 714 715 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 716 title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the plaintiff 717 suffered as a result of the violation. An action for injunction under this section may be brought 718 notwithstanding the availability of any other remedy. Upon application for injunctive relief and the 719 finding of an existing or threatened violation, the superior court shall enjoin the violation. 720 721 C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 722 day during which the act or condition exists, continues, or is repeated shall be a separate and 723 distinct violation. 724 725 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 726 penalty provided for in state law or any civil remedy available to the borough. 727 728 Section 15: Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 729 amended to read as follows: 730 731 16.10.030 Scope and jurisdiction. 732 A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 733 borough approval shall be recorded unless approved by the borough or a standard subdivision 734 agreement has been executed with the borough. 735 736 B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 737 for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 738 final approval by the commission under the previously existing title, except in the instance of 739 further subdivision of existing lots or tracts. 740 741 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 42 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 19 of 21 Insertion – Bold, Blue, Underlined Version 1 C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 742 enters into a contract to sell land in a subdivision before a plat of the subdivision has been 743 approved and recorded is guilty of a violation misdemeanor and upon conviction is punishable 744 by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract 745 to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the 746 penalty by appropriate legal action. 747 748 D. No agency of the state or local government may acquire property through the process of 749 eminent domain which results in a boundary change unless the agency or local government first 750 obtains from the commission preliminary approval of the replat showing clearly the location of the 751 proposed public streets, easements, rights-of-way, and other taking of private property. 752 Final approval of the replat shall be obtained within six months of the acquisition. The commission 753 shall treat applications for replat made by state or local governmental agencies in the same 754 manner as replat petitions originated by private land owners. 755 756 E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. 757 A person who knowingly violates this requirement is punishable upon conviction by a fine of not 758 more than $300.00. 759 760 F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 761 any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 762 any plat or other entitlement approved under this title, and to obtain damages for any injury the 763 plaintiff suffered as a result of the violation. An action for injunction under this section may be 764 brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 765 and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 766 767 Section 16: Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 768 Remedies, is amended to read as follows: 769 770 Chapter 17.210 771 ENFORCEMENT, PENALTIES AND REMEDIES 772 773 Sections: 774 17.210.010 Administrative enforcement action. 775 17.210.020 Administrative inspections. 776 17.210.030 Penalties and remedies. 777 17.210.040 Responsibility for violations. 778 779 17.210.010 Administrative enforcement action. 780 A. The zoning officer manager or designee may order: 781 782 1. The discontinuation of unlawful uses of land or structures; 783 2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 784 thereto; 785 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 43 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 20 of 21 Insertion – Bold, Blue, Underlined Version 1 3. The discontinuation of construction or other preparatory activity leading to an unlawful 786 structure or an unlawful use of a land or structure; 787 4. When necessary to ensure compliance with this title, the suspension or revocation of 788 building permits, variances, or other borough land use entitlements. 789 790 B. Upon complaint by a citizen, or upon his their own initiative, the any borough code 791 enforcement officer authorized to enforce this title zoning officer may, after investigation, 792 initiate criminal proceedings against any person for the violation of this title. Except for 793 prosecutions for failing to comply with an order issued under subsection A of this section or where 794 the protection of public health and safety require immediate action, the borough code 795 enforcement officer zoning officer shall give at least 10 days’ written notice of intent to prosecute, 796 and may initiate criminal proceedings only if the violation is not cured within the notice period. 797 798 17.210.020 Administrative inspections. 799 In accordance with this section, the a borough code enforcement officer zoning officer may 800 make inspections of buildings or premises to check for zoning violations. When the officer 801 necessary to enforce the provisions of this title. When the zoning officer has reasonable cause to 802 believe that in any building or on any premises there exists any violation of this title, he the officer 803 may enter such building or premises only if: at any reasonable time to inspect the same or 804 perform any of his duties under this title; provided, that where the Constitution of the United States 805 or the state of Alaska requires that the zoning officer obtain a search warrant before making an 806 inspection, he shall not make the inspection until authorized to do so by a search warrant issued 807 by a court of competent jurisdiction. 808 809 1. The owner or lessee has given consent; or 810 2. A judicially granted search warrant has been obtained. 811 812 17.210.030 Penalties and remedies. 813 A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or 814 any term or condition of a conditional use, variance or other entitlement issued under this title, is 815 guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 816 $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. 817 818 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 819 bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), 820 or any term or condition of a conditional use, variance or other entitlement issued under this 821 chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An 822 action for injunction under this section may be brought notwithstanding the availability of any other 823 remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, 824 the superior court shall enjoin the violation. 825 826 C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 827 term or condition of a conditional use, variance, or other entitlement issued under this title, and 828 each day during which the act or condition exists, continues or is repeated shall be a separate 829 and distinct violation. 830 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 44 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 21 of 21 Insertion – Bold, Blue, Underlined Version 1 831 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 832 penalty provided for in state law or any civil remedy available to the borough. 833 834 17.210.040 Responsibility for violations. 835 The record owner, and any person in possession or control of property maintained in 836 violation of this title is responsible for the violation and is subject to prosecution in 837 accordance with Chapter 1.20 KIBC and this Chapter 17.210. 838 839 Section 17: Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 840 amended to read as follows: 841 842 18.35.050 Penalties and remedies. 843 A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and 844 upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 845 required to be imposed under AS 12.55.039. 846 847 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may 848 bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the 849 plaintiff suffered as a result of the violation. 850 851 C. Each act or condition violating this chapter, and each day during which the act or condition 852 exists, continues or is repeated, shall be a separate and distinct violation. 853 854 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other 855 penalty provided for in state law or any civil remedy available to the borough. 856 857 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 858 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 859 860 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 861 THIS __________ DAY OF _______________, 2020. 862 863 KODIAK ISLAND BOROUGH ATTEST: 864 865 866 ___________________________ ___________________________ 867 Bill Roberts, Mayor Tara Welinsky, Clerk 868 869 VOTES: 870 Ayes: 871 Noes: 872 AGENDA ITEM #9.A. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 45 of 88 Manager’s Report Michael Powers February 20, 2020 Activities Attended Chamber of Commerce Board Meeting and Mini-retreat. Discussed CEDS with a focus on diversifying our economy. A considerable discussion was held about making the community more tourist friendly, problems with sightseeing adventures for cruise ships, the unwillingness of the City to embrace tourism and related issues. Worked on budgets looking at revenues and R&R. Dealt with various staff issues. Attended Budget Workshop and am conducting follow-up from those discussions. Took 2 days off. Attended Agenda Setting and doing follow-up on future items including Assembly travel. Met with the City concerning Tsunami Siren RFP Pink Salmon Disaster-Distribution of the funds is proportional to the loss incurred by an eligible municipality or borough based on total funding available. Municipalities and boroughs must use the funds for developing, improving, or maintaining infrastructure or services that support pink salmon commercial fisheries in their areas. Eligible municipalities and boroughs must identify projects that support infrastructure for commercial pink salmon fishing and other related shoreside fishery support facilities and/or equipment (e.g., cold storage, ice houses, docks, storage facilities). Once the projects for eligible municipalities and boroughs are approved, subawards will be drafted and finalized with each municipality or borough up to the amount available for each municipality or borough. Funds will be distributed on a cost-reimbursable basis as projects are accomplishing the work identified. Monitoring of completion of projects will be conducted throughout the project period of this Award. Upcoming SWAMC-will be out of town from March 4 to March 7. AGENDA ITEM #10.A. Borough Manager's Report for February 20, 2020 Page 46 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Project ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2020-15 with Friend Contractors LLC in an amount not to exceed $351,800. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the Bayside Fire Department Exterior Renovation project. Design was completed by Jensen Yorba Wall and approved by the Architectural/Engineering Review Board. The base bid scope of work is replacement of the existing siding and roofing at the original portion of the building and the classroom addition. Alternate bids were included for replacement of windows at the classroom addition and installation of vinyl soffits at the original building. After discussion with the design team and Bayside personnel, staff is recommending award of the base bid and both alternates. An invitation to bid was issued on December 16, 2019, and bids were due and opened on February 3, 2020. Three bids were received. After reviewing bids, Staf f has determined that Friend Contractors LLC is the lowest responsive bidder. A copy of the bid tabulation is attached. This work is scheduled to be complete by September 15, 2020. ALTERNATIVES: Take no action or reject all bids. Neither of these are recommended since to complete the work during summer 2020 requires awarding a contract in a timely fashion. FISCAL IMPACT: Funding for this project is being provided by Fire Protection Area No. 1; no General Fund funds are being used. A transfer of funds for the design portion of the project was approved by the Assembly as part of Ordinance No. 2019-01C. The Fire Protection Area No. 1 Board has approved the total project budget (attached) and a transfer of funds will be included on a future budget ordinance. OTHER INFORMATION: AGENDA ITEM #13.A.1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 47 of 88 FY2020-15 BAYSIDE FIRE STATION CONSTRUCTION CONTRACT EXTERIOR RENOVATION 00510 - 1 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT BAYSIDE FIRE STATION EXTERIOR RENOVATION #19009 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Friend Contractors, LLC Company Name 1950 Mill Bay Rd, Kodiak, Alaska 99615 Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Limited Liability Company 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. 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. 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. Payment under this Contract shall not exceed Three Hundred Fifty-One Thousand Eight Hundred & 00/100 dollars ($351,800.00) for Base Bid and Alternate Bid 1 & 2. The Contractor further covenants and agrees that all materials shall be furnished and delivered, and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: September 15, 2020. 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; AGENDA ITEM #13.A.1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 48 of 88 BAYSIDE FIRE STATION CONSTRUCTION CONTRACT EXTERIOR RENOVATION 00510 - 2 such deduction to be made, or sum to be recovered, not as a penalty but as liquidated 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. The bonds given by the Contractor in the sum of $351,800.00 Payment Bond, and $351,800.00.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Michael Powers or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Project Manual dated December 16, 2019 (2) Drawings dated December 16th, 2019 (3) Addendum 1 dated January 23, 2020 (4) Addendum 2 dated January 27, 2020 (5) Addendum 3 dated January 30, 2020 AGENDA ITEM #13.A.1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 49 of 88 BAYSIDE FIRE STATION CONSTRUCTION CONTRACT EXTERIOR RENOVATION 00510 - 3 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title Date KODIAK ISLAND BOROUGH Signature of Borough Manager Typed Name Date Borough Clerk (ATTEST) AGENDA ITEM #13.A.1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 50 of 88 Contractor Base Bid Alternate 1 Alternate 2 Friend Contractors LLC 318,800.00$ 17,000.00$ 16,000.00$ Jay-Brant General Contractors LLC 361,560.00$ 26,033.00$ 10,188.00$ Wolverine Supply, Inc.500,000.00$ 100,000.00$ 100,000.00$ This bid tabulation is unofficial until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder, and a contract receives administrative or Assembly approval. Kodiak Island Borough Bid Tabulation - Bayisde Fire Station Exterior Renovation Bid Opening: 2/3/20 - 2:00 pm AGENDA ITEM #13.A.1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 51 of 88 Current Budget Expenses Obligated Remaining Proposed Budget Amendment Revised Budget Design 22,000.00$ 14,707.00$ 7,430.00$ (137.00)$ 3,000.00$ 25,000.00$ Construction -$ -$ -$ -$ 360,000.00$ 360,000.00$ Admin 3,000.00$ 6,035.41$ -$ (3,035.41)$ 25,000.00$ 28,000.00$ Contingency -$ -$ -$ -$ 22,000.00$ 22,000.00$ TOTAL 25,000.00$ 20,742.41$ 7,430.00$ (3,172.41)$ 410,000.00$ 435,000.00$ 19009 - Bayside Fire Department Exterior Renovation Budget AGENDA ITEM #13.A.1.Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Proje...Page 52 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Resolution No. FY2020-20 Approving the Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In the FY21 Community Assistance Program. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Resolution No. FY2020-20. DISCUSSION: This resolution identifies the Native Village of Karluk as an unincorporated community that meets the Community Assistance Program eligibility criteria established under AS 29.60.865 - AS 29-60-879 and 3 AAC 180.110. The Native Village of Karluk has 25 residents or more, and that the Karluk IRA Tribal Council provides fire protection, emergency medical, water and sewer, solid waste management, public road or ice road maintenance and public health services. ALTERNATIVES: FISCAL IMPACT: $0 fiscal impact to the Borough, however an estimated $15,789 fiscal impact for the Native Village of Karluk. OTHER INFORMATION: AGENDA ITEM #13.B.1. * Resolution No. FY2020-20 Approving the Native Village of Karluk And Th...Page 53 of 88 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 1 of 1 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-20 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 9 THE NATIVE VILLAGE OF KARLUK AND THE KARLUK IRA TRIBAL COUNCIL AS AN 10 UNINCORPORATED COMMUNITY FOR PARTICPATION IN THE FY2021 COMMUNITY 11 ASSISTANCE PROGRAM 12 13 WHEREAS, AS 29.865 and 3 AAC 180.010 require the Borough Assembly to adopt a resolution 14 identifying those unincorporated communities located within its municipal boundaries that meet 15 the Community Assistance Program eligibility criteria established under AS 29.60.865, AS 16 29.60.879 and 3 AAC 180.010; and 17 18 WHEREAS, the Native Village of Karluk has an IRA Tribal Council that will agree to receive and 19 spend the Community Assistance payment for the public benefit of the Native Village of Karluk; 20 and 21 22 WHEREAS, the Native Village of Karluk has 25 or more residents residing as a social unit; and 23 24 WHEREAS, the Karluk IRA Tribal Council provides fire protection, emergency medical, water 25 and sewer, solid waste management, public road or ice road maintenance and public health 26 services. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough, by this resolution, hereby certifies that the Native 30 Village of Karluk, through the Karluk IRA Tribal Council, is eligible for funding under the FY2021 31 Community Assistance Program. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS __________ DAY OF ________, 2020. 35 36 KODIAK ISLAND BOROUGH ATTEST: 37 38 39 ___________________________ ___________________________ 40 William Roberts, Mayor Tara Welinsky, Clerk 41 42 VOTES: 43 Ayes: 44 Noes: 45 AGENDA ITEM #13.B.1. * Resolution No. FY2020-20 Approving the Native Village of Karluk And Th...Page 54 of 88 FY 2020 COMMUNITYASSISTANCEPROGRAM REQUIREMENTSAND CERTIFICATION UNINCORPORATED COMMUNITYAPPLICATION DEADLINE:FEBRUARY 19,2020 NAMEOF UNINCORPORATEDCOMMUNITY CONTACTNAME [NativeVillage of Karluk,Kariuk IRATribal Council /77Q 0,};,47u5//€07 I MAILINGADDRESS CONTACTEMAILADDRESS A PO Box 22 Ka/(cm macaw:c .‘l,@ ao 1.CW’!_ CITY,STATE,ZIP CODE CONTACTPHONEH:FAXNUMBER I iganuk,AK 99608 937'4 W 41/55J 7.2w .3283? ACKNOWLEDGETHE REQUIREMENTSBYINITIALINGEACH BOX: @~\The community assistance payment will be used only for a public purpose as required under AS 29.60.850(a]and the unincorporated community agrees to make available a service or facility with the funds under AS 29.60.8S5 —29.60.B79 to every person in the community. Theunincorporated community will maintain.as required by 3 AAC 180.010 (4),all records relating to receipt and expenditure ofa community assistance payment for at least three years,or longer if there is an unresolved audit ?nding.questioned costs,litigation ora grievance. /Q/‘Listofservices:[Check all that apply) (E/FireProtection ublicRoad or Ice Road Maintenance Emergency Medical El Public Health Water and Sewer E Search and Rescue Solid Waste Management CERTIFICATION: As the highest ranking of?cial,I certify the Ka?u k Council (Name ofUnincorporated Community) requirements for receiving the community assistance payment and agrees to comply with all laws and understands the regulationsgo r'th ommunityassistancefunds.fem Signature Date ¢4iLra/ee?mirm ?I’&';mé’aagf/ Printed Name and Title AGENDA ITEM #13.B.1. * Resolution No. FY2020-20 Approving the Native Village of Karluk And Th...Page 55 of 88 Kodiak Island Borough OFFICE of the FINANCE DIRECTOR 710 Mill Bay Road Kodiak,Alaska 99615 Phone (907)4363320 Fax (907)486-9392 E—mai|:dcross@-kodiaknkus January 22,2020 Karluk IRATribal Council PO Box 22 Karluk,AK 99608 The Division of Community and Regional Affairs (DCRA)has provided the Kodiak Island Borough an application for participation in the Division's Community Assistance Program.As an unincorporated community within the Borough's municipal boundaries,and provided you meet the programs eligibility criteria.you are eligible to participate. The Department of Commerce,Community,and Economic Development annually certi?es the population of each municipality,community and reserve in the State of Alaska for use in various ?nancial assistance programs based upon populations estimates prepared by the State Demographer at the Department of Labor and Workforce Development.The population for the Village of Karluk has been detennined to be 27,which satis?es the minimum number necessary to participate in the program. If you do not agree with the population determination,you may request a population adjustment by submitting a written request and substantiate the request by completing either of the two approved methods:Head Count Census Method or Housing Unit Method.The request must include a resolution for the Borough proposing a corrected population total. if you choose to request a population adjustment,please review the Head Count Census and Housing unit Method manuals the department has published to assist you with this process. These manuals are avaitable at httgzgmmmercealaska.gov/webIdcra/or you may also contact the department for a copy of the manuals. The request for adjustment and completed documentation must be postmarked no later than or submitted by email to ggm§s@kodiakak.us. Dora Cross Finance Director Enclosures: AGENDA ITEM #13.B.1. * Resolution No. FY2020-20 Approving the Native Village of Karluk And Th...Page 56 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Assembly approving the disposal by sale of a portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision for the fair market value of $1,192.00 (P&Z Case No. 20-004). ORIGINATOR: Erin Welty RECOMMENDATION: Approve Resolution No. FY2020-21. DISCUSSION: This parcel and two others were purchased by the Kodiak Island Borough in 1982 when road construction on the remainder of Sawmill Circle and Lakeview Drive were taking place. The borough had attempted to obtain non-objection trespass easements from all property owners along the road for overburden backslope work. Most signed the easement, but the owner of Lot 5, Block 7 did not. Instead the borough was required to purchase a 20' width portion of land along the front lot line of the parcel. The three parcels small parcels were missed by surveyors and title companies over there years until it was recently discovered during a subdivision request that the KIB ownership of these parcels prevented the parent parcels from having legal access to the road right-of-way. The community development department investigated several possible solutions to this issue, including incorporating the parcels into the road right-of-way. The option of offering this parcel for sale back to the parent parcel is the most cost effective and will resolve zoning non-conformities on the parent parcel. The owner of Lot 5, Block 7 has expressed a desire to purchase the portion of Lot 5, Block 7 owned by KIB. ALTERNATIVES: Incorporate the parcel into the Lakeview road right-of-way. a Right-of-way survey would cost $50,000+. FISCAL IMPACT: Parcel will produce $1,192.00 of land sale revenue. OTHER INFORMATION: AGENDA ITEM #13.B.2. Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Ass...Page 57 of 88 Kodiak Island Borough, Alaska Resolution No. FY2020-21 Page 1 of 2 Introduced by: Planning & Zoning Commission 1 Drafted by: CDD Director 2 Introduced on: 3/20/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-21 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 9 THE DISPOSAL BY SALE OF A PORTION OF LOT 5, BLOCK 7, MONASHKA BAY ALASKA 10 SUBDIVISION FOR THE FAIR MARKET VALUE OF $1,192.00 (P&Z Case No. 20-004). 11 12 WHEREAS, a 3,613 square foot portion of Lot 5, Block 7, Monashka Bay Alaska Subdivsion is 13 owned by the Kodiak Island Borough; and 14 15 WHEREAS, that portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision is not a legal lot 16 according to KIBC 17.70.040; and 17 18 WHEREAS, that portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision was acquired by 19 Kodiak Island Borough in 1982 after failure to reach an agreement for temporary trespass to aid 20 in road construction; and 21 22 WHEREAS, the parcel identified cannot serve any other public purpose; and 23 24 WHEREAS, the current owner of Lot 5, Block 7, Monashka Bay Alaska Subdivision has 25 expressed a desire to acquire the land at fair market value; and 26 27 WHEREAS, the Kodiak Island Borough Assessor has appraised the property at fair market value 28 of $1,192.00; and 29 30 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission recommended 31 approval of the disposal by sale of that portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision 32 by passing Planning & Zoning Resolution FY2020-03; and 33 34 WHEREAS, KIBC 18.20.030.B states that borough land sales not subject to approval by 35 ordinance are subject to approval by Assembly resolution; and 36 37 WHEREAS, KIBC 18.20.030.B further states that the resolution shall specify the terms and 38 conditions upon which the disposal will be offered. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that the 3.613 square foot portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision 42 be offered for disposal by sale. 43 44 AGENDA ITEM #13.B.2. Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Ass...Page 58 of 88 Kodiak Island Borough, Alaska Resolution No. FY2020-21 Page 2 of 2 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 45 the portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision be sold to the current owner of 46 Lot 5, Block 7, Monashka Bay Alaska Subdivision for the fair market price of $1,192.00 47 48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 49 THIS 20th DAY OF February, 2020. 50 51 KODIAK ISLAND BOROUGH ATTEST: 52 53 54 ___________________________ ___________________________ 55 William Roberts, Mayor Tara Welinski,Clerk 56 57 VOTES: 58 Ayes: 59 Noes: 60 AGENDA ITEM #13.B.2. Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Ass...Page 59 of 88 AGENDA ITEM #13.B.2.Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Ass...Page 60 of 88 AGENDA ITEM #13.B.2.Resolution No. FY2020-21 - A resolution of the Kodiak Island Borough Ass...Page 61 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move To Advance Ordinance FY2020-14 to public hearing. DISCUSSION: This ordinance establishes the Borough's finding that a public need does not exist for these properties and classifies them as surplus. As surplus property, these properties could be made available for sale by the assembly at a later date. Both these properties were acquired by the Borough in 2007 through the foreclosure process. The acquisition of these properties followed both Borough and State of Alaska codes regarding foreclosure processes. ALTERNATIVES: FISCAL IMPACT: NONE OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 62 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 02/20/2020 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-14 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 10 THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND ESTABLISHING INTENTION 11 TO SURPLUS AND SELL SAID PROPERTY BY FINDING THAT A PUBLIC NEED DOES NOT 12 EXIST FOR THE PROPERTY AND AUTHORIZING THE PROPERTY FOR IMMEDIATE 13 DISPOSAL (P&Z Case 20-003) PLANNING AND ZONING RESOLUTION NO. FY2020-04. 14 15 WHEREAS, the Kodiak Island Borough has acquired property described as the Fractional W ½ 16 E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and Fractional NW ¼ SE ¼ SE ¼ of Protracted 17 Section 14, T31S R29W Seward Meridian; TL 1404 AMOOK ISLAND and property described as 18 the SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W Seward Meridian, LARSEN BAY as a result 19 of the tax foreclosure procedure; and 20 21 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 22 23 (a) The municipality shall determine by ordinance whether foreclosed property 24 deeded to the municipality shall be retained for a public purpose. The 25 ordinance must contain the legal description of the property, the address or a 26 general description of the property sufficient to provide the public with notice 27 of its location, and the name of the last record owner of the property as the 28 name appears on the assessment rolls. 29 30 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and 31 not required for a public purpose may be sold. Before the sale of tax-32 foreclosed property held for a public purpose, the municipality, by ordinance, 33 shall determine that a public need does not exist. The ordinance must contain 34 the information required under (a) of this section.; and 35 36 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed these 37 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 38 by resolution no. FY2020-04 on the parcels disposition by recommending that this property should 39 NOT be retained for a public purpose; and 40 41 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee 42 land sale with the vacant resource manager position: and 43 44 Version1 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 63 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 1 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 45 action, as required by KIBC 18.10.030; and 46 47 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 48 properties described as the Fractional W ½ E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and 49 Fractional NW ¼ SE ¼ SE ¼ of Protracted Section 14, T31S R29W Seward Meridian; TL 1404 50 AMOOK ISLAND and property described as the SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W 51 Seward Meridian, LARSEN BAY are declared not to be of “public need” and be offered for 52 immediate sale; and 53 54 WHEREAS, more than ten (10) years have elapsed since the expiration of the redemption 55 period for redemption of these two parcels, thus relieving the Borough of the requirement for the 56 Clerk to send a notice of the public hearing to the last known address of the former record owner 57 within five days of the first publication of notice of the hearing on this ordinance. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 60 BOROUGH THAT: 61 62 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 63 Kodiak Island Borough Code of Ordinances. 64 65 Section 2: That parcel identified by Kodiak Island Borough parcel number 18386, located at the 66 Fractional W ½ E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and Fractional NW ¼ SE ¼ SE 67 ¼ of Protracted Section 14, T31S R29W Seward Meridian; TL 1404 AMOOK ISLAND and 68 formerly owned by the Estate of Willie Norell has been acquired by the Kodiak Island Borough by 69 clerk’s deed dated June 22, 2009, recorded as Document 2009-001136-0 in the Kodiak Recording 70 District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 71 determined that a public need does not exist to retain this property for Borough purposes, and the 72 property will be sold at the earliest opportunity to do so. 73 74 Section 3: That parcel identified by Kodiak Island Borough parcel number 18205, located at the 75 SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W Seward Meridian, LARSEN BAY and formerly 76 owned by Dorothy Beeching has been acquired by the Kodiak Island Borough by clerk’s deed 77 dated June 22, 2009, recorded as Document 2009-001136-0 in the Kodiak Recording District, 78 State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined 79 that a public need does not exist to retain this property for Borough purposes, and the property 80 will be sold at the earliest opportunity to do so. 81 82 Section 4: The finance director is directed to offer the property immediately by sealed bid auction 83 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 84 accepted. 85 86 Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 87 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 88 within thirty (30) days. 89 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 64 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 1 90 Section 6: If the property remains unsold after being offered for sale by sealed bid, the property 91 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 92 by this method will be considered sold when the Borough accepts an offer for the property. 93 94 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 95 THIS __________ DAY OF _______________, 2020. 96 97 KODIAK ISLAND BOROUGH ATTEST: 98 99 100 ___________________________ ___________________________ 101 Mayor William Roberts Tara Welinsky, Clerk 102 103 VOTES: 104 Ayes: 105 Noes: 106 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 65 of 88 2?o§—-'o01136—0/.....%,,...~-»—«~. 2 lliNIIIIIIlll?lllll I?!Ill} llIIhIllW111IN Nllllillllril?llill? l?llNH A Cover Page In Re:Delinquent Taxes and Special Assessments for the Year 2007 and prior Years in the Kodiak lsiand Borough Case No.3K0-8-27 Cl Third Judicial District After recording return to: Revenue Accountant Kodiak Island Borough 710 MillBay Road Kodiak AK 99615 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 66 of 88 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 67 of 88 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 68 of 88 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 69 of 88 Introduced by:CDD Director Drafted by:COD Director introduced on:1/15/20 Adopted on:1/15/20 '5~ooo \ro~«u». x>mi~:-- KODIAK ISLANDBOROUGH PLANNINGANDZONING COMMISSION RESOLU‘l1ON NO.FY2020-04 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING ll COMMISSION RECOMMENDING TO THE KODIAK ISLAND BOROUGH ASSEMBLY THAT 12 THE PARCEL KNOWN AS ALEUTIAN BLOCK 1,LOT 4,BE RESERVED FOR FUTURE I3 PUBLIC USE BY THE CITY OF KODIAK AND THATTHE REMAININGTWENTY-SIX (26) I4 PARCELS IDENTIFIEDIN THE TABLE LABELLED ATTACHMENT A BE DECLARED NOT IS TO BE OF “PUBLIC NEED"ANDOFFERED AT A FUTURE KIB IAND SALE. I6 17 WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property.including real l8 property acquired by tax foreclosure,the planning commission shall review the newly acquired 19 land and make recommendations as to whether all or any portion of the land should he devoted 20 to the public use,reserved for future use to meet projected borough requirements,or made 21 available for sale,lease or other disposition in conformance to the borough comprehensive land 22 use plan ;and 23 . 24 EWHEREAS,KIBC 18.20.030.A slates that each disposal of borough land is subject to review by 25 the planning and zoning commission before submission to the assembly. 26 The commission by resolution shall make a recommendation to the assembly regarding the 27 proposed land disposal;and 7859 WHEREAS,at the regular planning and zoning meeting on December 18,2019,the commission 30 did review the 27 parcels presented to them by the KIB?nance department;and 32 WHEREAS,the commission approved the recommendations made by staff in the amended staff 33 report dated December 13.2019;and 34 35 WHEREAS,the commission now wishes to formalize those recommendations by resolution for 36 transmission to the assembly 37 38 NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING 39 AND ZONINGCOMMISSIONthat 40 41 Section 1:THE PARCEL KNOWN AS ALEUTIANBLOCK 1,LOT 4,BE RESERVED FOR 42 FUTURE PUBLIC USE BY THE CITY OF KODIAK;and 43 44 ‘Section2:THE REMAININGTWENTY-SIX (26)PARCELS IDENTIFIEDIN THE TABLE 45 LAEELLEDATTACHMENTA BE DECLARED NOT TO BE OF “PUBLIC NEED" 46 AND OFFERED ATA FUTURE KIB LANDSALE. 47 ' 48 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING ANDZONING COMMISSION Kodiak Island Borough,Alaska ResolutionNo.FY2020~04 Page 1 of 4 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 70 of 88 49 50 51 52 55 S7 58 59 60 62 63 THIS 15th DAY OF January,2020. PLANNINGANDZONING COMMISSION Dave Townsend.Chair VOTES: Ayes: Noes: ATTEST: EL;Eta Erin Welty.CDD Directo Kodiaklsiand Borough,Aiaska Resolu?on No.FY2020-O4 Page 2 of 4 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 71 of 88 64 65 66 67 68 69 70 ATTACHMENT A KODlAK URBANAREA 8:ROAD SYSTEM Elderberry Heights Bk 1 Lt 13 USS 3472 Lt 4 1619 Selief Ln. Legal Description Location U55 3098 Lot 26A 110 Bancroft Dr.Vacant U55 3100 Lot 11A 547 Carroll Way R2 Mobile Home Residence Aleutian BK1 Lt 47 I813 Thorshelm St.R1 Single Family Residence RR1 Single Family Residence Isthmus Bay U55 3472 Lt 11 isthmus Bay CN Single Family Residence Vaca nt KODIAK ISLANDREMOTE: Legal Description Location Zoning Use Sunny Cove Lt 29 Spruce island RR1 Vacant I Sunny Cove Lot 36 Spruce island RR1 Vacant T:l0S RZSW Sec 30 SE 34NE V.SE V.Larsen Bay CN Vacant USS1891 Cape Karluk CN Vacant U55 1699 Shuyak island CN Recreation Cabin T315 R29W TL1404 Amook island CN Vacant ASLA92-100 Santa Flavia WH Vacant ASLA90-51 Tr A Boulder Bay WH Vacant ASLA90-S1 Tr B Boulder Bay WH Vacant ASLS87-157 Tr E Boulder Bay WH Vacant KODIAK ISLANDVILLAGES: Legal Description Location Zoning Use Dd Harbor'l'r E Bk9 Lt 7 Elderberry St.R1 Single Family Residence l T305 R29WSec 30 Easterly S25‘Uyak Bay CN Cabin Government Lot 5 Less SE‘/4NE>1 SE ‘,4Larsen Bay Larsen Bay Tr A Bk 17 Lt 3 First St.R1 Single Family Residence Old KarlukTr D Lt 16 Old Karluk R1 Vacant Karluk Bk 1 Lt 1 KarlukAve.R1 Single Family Residence Karluk Bk4 L12 KarlukAve.R1 Single Family Residence Port Lions Bk12 Lt 5 109 BirchDr,R1 Single Family Residence Port Lions 3"‘Bk2 Lt 7 216 Malina St.R1 Single Family Residence Kodiak island Borough.Alaska Resolution No.FY2020-04 Page 3 of 4 AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 72 of 88 73 SUBMERGED PROPERTSES: Lea!Descriptidn J Old KarlukTrD u 5 cm Kariuk uss 82 7 KarlukRiver 74 ! l ! ‘Kodiak Island Borough,Alaska Resolution No.FY2020-04 Page 4 of 4 i AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 73 of 88 Public Hearing Notice µ0 6,000 12,0003,000 Feet Kodiak Island Borough GIS Case 20-003 Location T31S R29W Tl 1404 AMOOK ISLAND Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 74 of 88 8 TRACT C 1 7 6 5 4 3 10 1112 4PT 4PT 3 TRACT B 3 2 1 1 2 12A 3A 8 7 5 4 3 2 9A 1A 4 5 67 8 9 10 11 8 7 6 5 4 3 2 1 8 7 6 5 1 2 34 12 5 6 5 4 3 2 1 43 2 1 12 13 14 1 5 3 2 1 2 11A 2 3 1A 5A-1 3 2 2 1 2A 12 2 1 4 3 2 1 9 8 7 6 5 4 3 2 1 1A 12 11 10 9 8 6 5 4 3 2 1 12 11 10 9 8 7 6 5 4 3 2 1 10 9 4 3 2 1 6 !(19 !(16 !(2 !(2 !(13 !(10 !(9 !(6 !(5 !(12 !(11 !(8 !(7 !(4 !(3 !(2 !(1 !(2 !(18 !(17 !(16 !(15 !(14!(USS 67 2 104 108 108 101 100 102 98 9 6 92 9 7 203 207 204 208 200 204 205 207 208 200 300 304 407 402 406 504508 507 606 602 608 702 705 102 101 902904906908910912 900914 903909 1003 1007 1002 1101 1 10 51106 1110 11121205 1 200120 8 1304 1308 120 9Public Hearing Notice µ0 2,800 5,6001,400 Feet Kodiak Island Borough GIS Case 20-003 Location T30S R29W SEC 30 EASTERLY 525' GOVT LOT 5 LESS SE1/4 NE1/4 SE 1/4LARSEN BAY Request a Tax Foreclosure property review. Please reply by December 3, 2019, if you feel a property needs to be retained for public use. Legend Subject Parcel http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways AGENDA ITEM #13.C.1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For...Page 75 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. ORIGINATOR: RECOMMENDATION: Move to confirm the mayoral appointment of Assembly Member Scott Arndt to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2023. DISCUSSION: The Cook Inlet Regional Citizens Advisory Council (CIRCAC) is a council formed in late 1990 as a non-profit corporation. Its mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consists of special interest groups and municipality seats which includes the Kodiak Island Borough. Assembly member Crow was appointed to fill the seat for a term to expire March 2020. A Public Notice seeking a CIRAC volunteer was advertised in the Kodiak Daily Mirror on January 16th and January 23rd. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.D.1. * Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citiz...Page 76 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Tucker). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Robert Tucker to the Board of Equalization for a term to expire December 2022. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.010 Board, committee, and commission members subject to this chapter. All boards, committees, and commissions, with the exclusion of the board of equalization, service area advisory boards, the fisheries and oceanic research board, and the Kodiak workforce regional advisory council shall be governed by each of the provisions set forth in this chapter. [Ord. FY2011-04 §3, 2010]. 2.100.090 Applications The clerk shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk. [Ord. 87-29-O §3, 1987. Formerly §2.39.090]. 2.100.040 Qualifications In addition to any other qualifications required by this code, a member: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.040]. 2.100.050 Terms The term of each member is three years. The terms of initial appointments shall be staggered so that, as nearly as possible, a pro rata number of members shall be appointed for each year during the regular term of office established for the members. The regular term shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. [Ord. 98-02 §8, 1998; Ord. 87-29- O §3, 1987. Formerly §2.39.050]. 2.10.030 Compensation for regulatory and quasi-judicial boards and commissions. AGENDA ITEM #13.D.2. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 77 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 20, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough A. Members of regulatory and quasi-judicial boards and commissions shall receive compensation in the amount of $100.00 per meeting attended, with the exception of the planning and zoning commission, which shall receive $200.00 per month. Work sessions are not considered for compensation B. Regulatory and quasi-judicial boards and commissions include the planning and zoning commission, the board of equalization, and such others as the assembly may designate by ordinance. [Ord. FY2008-04 §2, 2007; Ord. 82-17-O, 1982; Ord. 78-23-O, 1978]. AGENDA ITEM #13.D.2. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 78 of 88 Revision Date: 1/13/2020 Revised by: LC CITIZENS BOARD OF EQUALIZATION KODIAK ISLAND BOROUGH ASSESSING OFFICE, SEEMA GAROUTTE 486-9355 sgaroutte@kodiakak.us CLERK’S OFFICE, TARA WELINSKY 486-9310 twelinsky@kodiakak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 234 KODIAK, AK 99615 KODIAK, AK 99615 STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Mark Anderson (Chair) 1124 Stellar Way Kodiak, AK 99615 2021 (907) 486- 3377 (907) 486- 3215 mark@brechan.com Ed Mahoney Po Box 2281 Kodiak, AK 99615 2021 (907) 486- 1968 907) 539- 1234 907) 539- 1234 builder@gci.net Paula Laird 370 Curlew Way Kodiak, AK 99615 2020 (907) 942- 0444 (907) 512- 2771 PaulaL@gci.net John Parker (Vice Chair) PO Box 191 Kodiak, AK 99615 2020 (907) 486- 3084 (907) 486- 3084 toybox@gci.net VACANT 2022 Two Alternates VACANT 2022 Bryan Ferris 3408 Harlequin Court Kodiak, AK 99615 2020 654-2813 bferris@alaska.net KIBC 3.35.050 Members. The board of equalization shall be composed of five (5) persons and two alternates, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 AGENDA ITEM #13.D.2. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 79 of 88 AGENDA ITEM #13.D.2.* Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 80 of 88 _u. _ H_.m_.m.m _ _<_m3cm~m2mm2_omm_.mmcomam.mcm=cmm_mo.mac<Emn:m_=._ma<o.m_.m<<_E_:Em mm_.<_nmm_.mmm.m _.mu:_m_.m_mo:o:.::_mmmmoo__nm._o:mmamcm_:umnomo.ma8=__m<mom:o<8..Em _.m3m En ::mxo__.ma.m_.3 _:maaaoo8m:<oEm_.o:m__nm=o:m_.:m3cm_.mm:m__cmn:mmma858<<_E_:Em co..o:m:.moacmm _.mm_am32Emmm2_omm_.mm. ._._..m82....cammo..._.:m_.:cm_.oqmcoma_mEamm<mmG.. §EEmmxo_:m_o:2Em_<__mm_o:rmxm._._amomamm_.<_om>~mmmomaom.x_mo £8.80. BPgE o:.m:moo__om=o:8wEmmm_.<_omm_.mmcoma<o:E8:8muo_<8...<o:=._m<253..<o:«moo__om:o:c< mam:8o_m_.xmxon__mxmr.:m_c<8x8God._mm-8m:_o_.cmoaam__<m_.28Em moacocO_m}.m 03am.<3 5mm<mama._»oo3mm».xoamx.>xmama.>uo=om:o:wmamm_mom<m__mc_mmo§z2._§__m_.m_2m. jamqmn:=.m3m3wom:<mQ8..mmnccoma.mm2.ommamcomamm_.mqmncwmaum_.awn +8.30 8 .6:m qmm:_m_.Bmmzomoonmmncmamnoa3o_.m=.mo:m:._<_Emoooamonm<sEEmcoma.mE_mm 2 o_.ooma:..m.._.:m 38"_3oo:m:.n_.=m_._m8mm_.<mo:mcoma_mcmsomEmEsm.E.m_.mm._moa<<Smsmmm8 mm2m. ._. m. _=_: ___n.__.D3_. <mnm:nmmm3m<oon:_.E_.o:mco:~Em<mm_..m_Em_.E_.o:ucEmmxu=mzo:2 m 3m3cm_..m 8::o_.E_.o:uc mBmacmwm«mm.u:m._o:_mzamoo=nmzo:mmammonmunmqmam_..<=3m.>oo__om:o:wmqm Ema 8..oam <mm. 8..oo:mEm_.m=o:. >oo__nm:o:m_.mom_<mn_8am<mom3mmm.5.:cmoasama8Emmo_u..ou_._m.mmm_.<.nmm_.mm coma8a ooomamqmzoo.>oo=om._o:mma_.m<_m<<mamzaamooaamoamzoo8..mouo_:E.m_.:Wm.<m_._c<Em mm2_nm mqmmcomam.mo:c__nSmmgam. mmooaamoamzozw81moooicomo.c<Emmm2_nmm_.mmcomammamo_.o<Ema8 Em _<_m<o«man >mmm3c_<moom_.mno:m..3mac<Emmmmm3c_<m"m.mm:_m_.3mm=:u. :<o:mammuooima.<0:5..._.mnm.<mm:mooo_:.3m:._m:mnomaomaooammmogoom.manm coma6m.mq _...o3Emo_2x_mO38mcooozam:8Emcoma<<___oasamcoma3m.m:m_m manBmmzno:o.5nm._o:m. >__moooimmmmam52:38cmm<<o_.:E8o=._omE_.o:n:Emmoacuco_2x.m 038..:o 2..wm< mama.moon.Ni._<8_.am<E_.o:u:_u_._am<.98m.3.4owooP3. :<o:mam:2mm_mo.ma8..mooo.:=:m:..<o:<<=_cm:oE._ma_moa<o:_.moo=om:o:<2:cm.m.m.:ma8..oom <mm« >oo__om.8:mm_.mm_<<m<m<<m_oo3mman<o:30:8:28m.aaoocqmmma:<o:mam:9 n:_ox_<moooimao_. :oE._ma.:<o:nocmm_.oqm<mom:o<E<<_.:o_._<o:mam__._8_.mm8a:_mmcoum?maEm.<o:om:8 «mica Em 92»m038Em.<o:cm<mm:moozomaozonemmza<<o:_a___$8cmooomamqma8..Em <mom:o<. ._.cm:x<o:8..<o..__._:.m_.mm"_ mmem?aa<22REmmoacucn<84zoAV -m._.>mmcmmoz_.<. _umEo.>o_uo__..§a:n m.m_%=.aEmmm_.<_om>3»H<8A.za..>uuo_=.a3.rasmw Um_m_u3<a2:om>wsaanaLweeawo ._.m:.._mxo._.mm2... mom?? omEoqDanaUm?mmomzmn"Em?m?au c195 AGENDA ITEM #13.D.2.* Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 81 of 88 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – January 2020 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending January 31, 2020 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided design documents for this project, which were reviewed by the Architectural/Engineering Review Board (ARB) on September 10, 2019. The ARB had some questions on the design and possible alternatives that were discussed at a follow up ARB meeting on November 5, 2019. The ARB approved the design and staff is now soliciting quotes for procurement of the new 1,000- gallon septic tank and related piping, etc. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and Landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late January 2020 the Alaska Department of Environmental Conservation formally approved a work plan to landfarm the contaminated soil at the landfill. Concurrently staff solicited bids for a new 4,000-gallon fuel tank to replace the UST, and in December 2019 the Assembly approved a contract with Greer Tank of Anchorage for procurement and delivery of the new tank. The new tank is schedule to arrive in Kodiak in March 2020 and tentatively scheduled to be installed in spring 2020. Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. The existing metal roofing and wood siding are over 35 years old and have reached the end of their useful life. AGENDA ITEM #18.B.1. January Projects Report Page 82 of 88 Projects Report – January 2020 Page 2 Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed design documents that were approved by both the Fire Protection Area No. 1 Board and the Architectural/Engineering Review Board. The project was issued for public bid on December 20, 2019, and bids were due and opened on February 3, 2020. Staff will be requesting Assembly approval of a contract for the low bidder at the meeting on February 20, 2020. Construction is scheduled for spring/summer 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started work at the end of September 2019. This project has been beset by delays in receiving equipment and moving it into place. The new electric boiler for KHS arrived fully assembled but is too large to maneuver around existing boiler room equipment to its final location. Wolverine and their subcontractor had to dissemble the boiler and relocate some existing equipment to provide enough room. Once the boiler is placed correctly the mechanical and electrical piping should move quickly. Once the work at KHS is complete Wolverine will move on to KFRC. Change Orders this Period: Wolverine Supply, Inc – Contract 2020-03 Change Order 01 - $0 1) The current substantial completion date is January 10, 2020. Due to logistical issues with getting the new electric boiler inside Kodiak High School as well as additional Contractor coordination issues, the substantial completion date is now being extended to February 28, 2020. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Inside of Electric Boiler New Electric Boiler Location New Switchgear/Conduits AGENDA ITEM #18.B.1. January Projects Report Page 83 of 88 Projects Report – January 2020 Page 3 Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. These initial design documents are scheduled to be completed by March 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost on October 17, 2019. JYW and RSA provided 95% design documents that were reviewed and approved by the Architectural/Engineering Review Board on January 28, 2020. Once final revisions are made, and the bid documents are complete the project will be issued for public bid. Change Orders this Period: None. KODIAK ISLAND BOROUGH SCHOOL DISTRICT AUXILIARY GYM Project Description: This project is to renovate the old High School pool area into a gymnasium for school and community use. The project is being funded and managed by the Kodiak Island Borough School District, with limited involvement by KIB staff. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for this project. KIBSD is going to manage the design and construction process for this project, through the Borough’s term contract with JYW. JYW provided 95% design documents that were reviewed and approved by the Architectural/Engineering Review Board on January 28, 2020. KIBSD and JYW are now working together to complete the bid documents and issue the project for public bid. Change Orders this Period: None. NORTH STAR ELEMENTARY SIDING PHASE I Project Description: This project is for the removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The goal is to complete Phase I for the gym in summer 2020; Phase II would include replacement of the siding and possibly the windows around the rest of the school but will require further design investigation and cost estimates before proceeding. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for Phase I and begin preliminary design work for Phase II. JYW provided 95% design documents for Phase I that were reviewed and approved by the Architectural/Engineering Review Board on January 28, 2020. Once the final bid documents are completed Phase I will be issued for bid. AGENDA ITEM #18.B.1. January Projects Report Page 84 of 88 Projects Report – January 2020 Page 4 Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. JYW/RSA has provided a bid package to procure the new tank and is working on the complete design for the concrete pad and piping to install the tank. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: At the end of September 2019 PND Engineers (PND) and Discovery Drilling traveled to Kodiak to drill several bore holes along the existing wall for soil sample analysis. The initial findings are that bedrock is below the bottom of the existing wall, and the soil behind the wall promising stability. A draft geotechnical report from PND was received in late December 2019, and a report with design recommendations and preliminary cost estimates was received in late January 2020 and is currently being reviewed by staff. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER STRUCTURAL ANALYSIS/PROJECT LIST DEVELOPMENT Project Description: This project is to perform a structural analysis of the older portions of the Providence Kodiak Island Medical Center and develop a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. Current Status: On December 5, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete this assessment and list development. JYW is working with PND Engineers to complete the structural assessment, which is scheduled to be received in February 2020. Change Orders this Period: None. AGENDA ITEM #18.B.1. January Projects Report Page 85 of 88 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 26,252$ 748$ 8,000$ Admin 5,000$ 5,000$ 1,260$ -$ 3,740$ TOTAL 40,000$ 40,000$ 27,512$ 748$ 11,740$ Original Budget Ord 2020-01A Current Budget Expenses Obligated Remaining Design 40,000$ -$ 40,000$ 13,030$ 30,408$ (3,439)$ Construction 40,000$ 40,000$ 80,000$ 21,020$ 52,122$ 6,858$ Admin 10,000$ 20,000$ 30,000$ 5,561$ -$ 24,439$ TOTAL 90,000$ 60,000$ 150,000$ 39,612$ 82,530$ 27,858$ Original Budget Current Budget Expenses Obligated Remaining Design 22,000$ 22,000$ 14,707$ 7,430$ (137)$ Admin 3,000$ 3,000$ 6,035$ -$ (3,035)$ TOTAL 25,000$ 25,000$ 20,742$ 7,430$ (3,172)$ Original Budget Current Budget Expenses Obligated Remaining Design 51,000$ 51,000$ 32,282$ 16,492$ 2,226$ Construction 650,000$ 650,000$ 379,594$ 263,186$ 7,220$ Admin 34,000$ 34,000$ 46,730$ -$ (12,730)$ Contingency 40,000$ 40,000$ -$ -$ 40,000$ TOTAL 775,000$ 775,000$ 458,606$ 279,678$ 36,716$ Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending January 31, 2020 Baler Building Underground Storage Tank Replacement - 18005 Baler Building Septic System Replacement - 18004 Funding: Fund 530 - Solid Waste Collection and Disposal Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 Funding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) Bayside Fire Department Exterior Improvements - 19009 Funding: Fire Protection Area No. 1 Funding: Fund 530 - Solid Waste Collection and Disposal Project Budget Status Page 1 of 3 AGENDA ITEM #18.B.1.January Projects ReportPage 86 of 88 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending January 31, 2020 Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ 10,840$ 40,999$ 23,161$ Admin 25,000$ 25,000$ 2,247$ -$ 22,753$ TOTAL 100,000$ 100,000$ 13,087$ 40,999$ 45,914$ Original Budget Current Budget Expenses Obligated Remaining Design 25,000$ 25,000$ 2,909$ 20,711$ 1,380$ Construction 100,000$ 100,000$ -$ -$ 100,000$ Admin 10,000$ 10,000$ 3,492$ -$ 6,508$ Contingency 15,000$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 150,000$ 6,401$ 20,711$ 122,888$ Original Budget Current Budget Expenses Obligated Remaining Design 55,000$ 55,000$ 12,962$ 37,923$ 4,116$ Admin 5,000$ 5,000$ 1,368$ -$ 3,632$ TOTAL 60,000$ 60,000$ 14,329$ 37,923$ 7,748$ Original Budget Current Budget Expenses Obligated Remaining Design 26,193$ 26,193$ 5,870$ 47,161$ (26,838)$ Construction 436,556$ 436,556$ -$ -$ 436,556$ Admin 17,462$ 17,462$ 1,559$ -$ 15,903$ Contingency 21,828$ 21,828$ -$ -$ 21,828$ TOTAL 502,039$ 502,039$ 7,429$ 47,161$ 447,449$ Kodiak Fisheries Research Center Exterior Upgrade - 20004 Funding: Fund 555 - KFRC Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC North Star Elementary Siding Replacement - 20008 Funding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) KIBSD Auxiliary Gym - 20007 Funding: Fund 415 - Capital Project (Borough) (Costs will be reimbursed by Kodiak Island Borough School District) Project Budget Status Page 2 of 3 AGENDA ITEM #18.B.1.January Projects ReportPage 87 of 88 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending January 31, 2020 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 4,998$ 25,552$ 4,451$ Admin 15,000$ 15,000$ 1,921$ -$ 13,079$ TOTAL 50,000$ 50,000$ 6,919$ 25,552$ 17,530$ Original Budget Current Budget Expenses Obligated Remaining Design 125,000$ 125,000$ 78,756$ 16,974$ 29,270$ Admin 25,000$ 25,000$ 4,502$ -$ 20,498$ TOTAL 150,000$ 150,000$ 83,258$ 16,974$ 49,768$ Original Budget Current Budget Expenses Obligated Remaining Design 43,000$ 43,000$ -$ 42,340$ 660$ Admin 7,000$ 7,000$ -$ -$ 7,000$ TOTAL 50,000$ 50,000$ -$ 42,340$ 7,660$ Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Fuel Tank - 20001 Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Structural Analysis and Project List Development - 20006 Funding: Fund 495 - Capital Project - Hospital Project Budget Status Page 3 of 3 AGENDA ITEM #18.B.1.January Projects ReportPage 88 of 88 KODIAK ISLAND BOROUGH Meeting Type: ,, tiY Date: o� a Please PRINT your name legibly Please PRINT your name leaibly V- i m SSV n d-ZK o�tl�l�►� �� b'1; ota v Tara Welinsky From: m levenson <jleven@ptialaska.net> Sent: Thursday, February 20, 202011:30 AM To: Clerks Subject: snow plow in ditch Dear Borough Assembly Members, In the matter of snow removal it would be big expense for many homeowners,including myself,to not be able to push snow across the road. l would have to hire a bull dozer and widen my driveway in order to have room to collect the snow. This would also be true to 4 of my immediate neighbors. Living in Kodiak is expensive enough,we are all trying to get through this winter,having to deal with the heavy snowfalls.lt is my hope that the assembly members would not impose a fine and act within reason. Please enter this into record and have it read outloud at your Regular Meeting. Thankyou for your consideration Mark Levenson Box 1284 Kodiak Ak,99615 Amendments to ORDINANCE NO. FY2020-09 Assembly Member Kavanaugh 1. Amend the table on line 119, under code section add: KIBC6.04.120 A B C &jM To include all three lines for the elevated fine schedule of KIBC 6.04.120 2. Amend line 546 1. Is not currently registered (except for a vehicle exclusively used for competitive racing, farming, or off-road use) Amend Line 547 2. is stripped, wrecked, or is otherwise inoperable due to structural inefficiencies or mechanical failure; or 3. Remove lines 548 & 549 548 549 Fequi ed *.,_make it opeF.,-.'e e,.r-ee,-t the fair market value; a 4. Amend lines 621-623 621 B. No person shall place, leave or deposit upon any street, developed right-of-way or 622 drainage structure, any accumulation of snow or ice which has been removed from a 623 private driveway or approach road in a manner that impedes pedestrian or motor vehicle traffic. Regular Special Convened: to KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: fI O f1 Recessed: Reconvened: Adjourned: BY: SECOND: I rh� BY: t/ SECOND:p � y� V BY: P SECOND: J 1� .4 vV BY: SECOND: V � BY: SECOND: w �r L U+ES NO YES N0 - YES YES NO Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak } Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaughil V Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder t/ Ms. Skinner V7, Ms. Skinner Ms. Skinner Ms. Skinner V Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: ro TOTAL: The mayor may not ote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: Adjourned: 14# BY:� SECOND: BY: 5 SECOND: N'T"p, � 00 BY: BY_� SECOND: SECOND: I� BY: J� SECOND: erkalm�� l V1 YES NO YES -NO YES NO YES NO YES NO Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh. Ms. Kavanaught Ms. Kavanaugh V 01Ms. Kavanaugh Ms. Kavanaugh; Mr. Schroede Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder ✓ Ms. Skinner Ms. Skinner Ms. Skinner 4— ✓ Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons 4f Mr. Symmons Mr. Turner Mr. Turner Mr. Turner r. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANqq TH IR VOTE? TOTAL: 76TA—L:1 -1 N TOTAL:� I I TOTAL: TOTAL: The mayor may not voila except in the case where onW six members of the assembly are present and there is a thr elthree tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 10 Regular Special Date: Convened: Recessed: Reconvened: Adjourned: BY: J SECOND: A BY: -�) SECOND: �% 6�'�J BY: ?'FS SECOND: J " 0)� BY: R S SECOND: 05 BY: 0'! SECOND: DO YES NO YES NO YES NO YES 140 YES 140. MF. Fndt r—.Ardt r. Arndt r.-4mdt Mr. DvorakMr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh V Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroederk V Mr. Schroeder V Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons VMr. Symmons V1 Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner VMr. Turner Mr. Turner Mr. Turner Mr. Turner WOU D ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? -T-TOTAL: TOTAL: 10 IU TOTAL: TOTAL: p 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. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: BY: \� J SECOND: � l YES KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: r Recessed: Reconvened: Adjourned: BY: SECOND: D� Uvv YES I NO BY: SECOND: [) VI VV BY: SECOND: BY: SECOND: RLEIIIIIIRLGI Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons V Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: -1-co TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Roberts I I I Mayor Roberts I I I Mayor Roberts I I I Mayor Roberts I I I Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4, 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 49 February 21, 2020 At It’s Regular Meeting Of February 20, 2020, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday March 5, 2020, At 6:30 p.m. In The Borough Assembly Chambers. RECEIVED The FY2020 2nd Quarter Budget-v-Actual Presentation Report From Dora Cross, Borough Finance Director. AMENDED, ADOPTED Ordinance No. FY2020-09 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Titles 1, 6, 8, 9, 10, 13, 16, 17 And 18 Of The Borough Code To Clarify And Make Consistent Language Relating To Code Enforcement. AUTHORIZED The Borough Manager To Execute Contract No. FY2020-15 With Friend Contractors LLC In An Amount Not To Exceed $351,800. *APPROVED Resolution No. FY2020-20 Approving The Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In the FY21 Community Assistance Program. APPROVED Resolution No. FY2020-21 - A Resolution Of The Kodiak Island Borough Assembly Approving The Disposal By Sale Of A Portion Of Lot 5, Block 7, Monashka Bay Alaska Subdivision For The Fair Market Value Of $1,192.00 (P&Z Case No. 20-004). ADVANCED Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. *CONFIRMED The Mayoral Appointment Of Mr. Scott Arndt To The Cook Inlet Regional Citizens Advisory Council For A Term To Expire March 2023. *CONFIRMED The Mayoral Appointment Of Mr. Robert Tucker To The Board Of Equalization For A Term To Expire December 31, 2022. CONVENED Into Executive Session For The Purpose Of Confidential Communications With, And Providing Direction To, The Borough's Representative Regarding Labor Negotiations With The Ibew. Invited The Mayor, Assembly, Borough Manager, Finance Director, And Borough Clerk Into Executive Session. Announced That Direction Was Given To The Manager To Proceed With Negotiations. (*) Items Approved Under Consent Agenda.