2024-12-17 Work SessionKodiak Island Borough
Assembly Work Session
Assembly Chambers
Tuesday, December 17, 2024, 6:30 p.m.
Work Sessions are informal meetings of the Assembly where members review forthcoming programs of the borough, receive
progress reports on current program or projects or receive other similar information from the manager. All discussions and
conclusions are informal and there are no official actions taken. The Assembly also review the upcoming regular meeting
agenda packet and request and/or receive information from staff. This work session is open to the public and will be broadcast
on the Borough's YouTube Channel. Meeting packets are available online.
Page
CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202
(Limited To Three Minutes Per Speaker)
2. AGENDA ITEMS
a. Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove 4-8
Language Pertaining To The Allowance Equal To Ten Percent As
Project Contingencies
Agenda Item Report - Pdf
b. Discussion Of List of Potential Projects Using Remaining State 9 - 10
And Local Fiscal Recovery Funds (SLFRF) ARPA Grant Funds
Agenda Item Report - Pdf
3. PACKET REVIEW
The regular meeting packet is available online at Kodiak Island
Borough - Meeting Type List (civicweb.net).
a. UNFINISHED BUSINESS
• Rescinding The Approval Of Contract No. FY2024-38 With Otis
Elevator Company For Elevator Maintenance Services
CONTRACTS
• Contract No. FY2010-3613, Amendment No. 2, Lease And
Material Sales Agreement With Brechan Construction, LLC For
The Lease And Operation Of The Property Commonly Known
As The Bells Flats Gravel Pits
• Contract No. FY2025-35, Mental Health Buildings Demolition
And Abatement With Far North Services In The Amount Of
$1,390,000
• Contract No. FY2025-36, Authorization For The Design Of
Needed Pool Repairs With Water Technologies Inc. In The
Amount Of $88,900
• Contract No. FY2025-37, Authorization To Purchase PFAS Free
Page 1 of 18
Turnouts With Municipal Equipment Supply (MES) In The
Amount Of $171,340
• Contract No. FY2025-38, Authorization To Purchase An
Electronic Time And Attendance Solution With TimeClock Plus,
LLC (TCP) In The Amount Not To Exceed $25,000
• Contract No. FY2025-39, Authorization For The Purchase Of A
Bobcat With Craig Taylor Company In The Amount Of
$61,708.82 Plus The Cost Of Freight, Insurance, And
Maintenance Parts
ORDINANCES FOR INTRODUCTION
• Ordinance No. FY2025-09, Amending Kodiak Island Borough
Code Title 17 Zoning, Chapter 205 Amendments And Changes,
Section 17.205.055 Submission To Assembly To Require
Submission Of All Rezone Requests To The Assembly For
Review
• Ordinance No. FY2025-11, Amending Various Sections Of The
Kodiak Island Borough Code Title 17 To Include Defined Intent
And Development Standards For Accessory Dwelling Units
OTHER ITEMS
• Abbreviated And Informal Hearing For The Continued
Operations Of Restaurant And Eating Place License Sizzler
Burger/Peking Restaurant (License #2611) And Restaurant And
Eating Place License Second Floor Restaurant (License #3293)
During The Second Year Of Their Biennial License Period
• Confirmation Of Mayoral And Assembly Appointments To The
Different Boards, Committees, And Commissions
• Confirmation Of Assembly Appointment To The Bayview Road
Service Area Board Of Mr. Erik Grupp
• Declaring A Seat Vacant On The Solid Waste Advisory Board
(Ms. Terri Pruitt)
• Declaring A City Seat Vacant On The Planning and Zoning
Commission (Mr. Kent Cross)
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
a 2024-12-17 Borough Clerk's Report
6. ASSEMBLY MEMBERS' COMMENTS
7. MAYOR'S COMMENTS
8. INFORMATIONAL MATERIALS
11 - 14
a Meeting Materials 15 - 18
Page 2 of 18
This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available
online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call
(907) 486-3231 or (855) 492-9202.
Page 3 of 18
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 17, 2024
ASSEMBLY WORK SESSION
SUBJECT: Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language
Pertaining To The Allowance Equal To Ten Percent As Project Contingencies
ORIGINATOR: Ryan Sharratt, Borough Assembly
RECOMMENDATION:
For Assembly discussion.
DISCUSSION:
Assembly member Ryan Sharratt submitted an agenda item request form on November 26,
2024. He requested that the assembly discuss a modification to KIBC 3.30.100 which
removes the language that pertains to project contingency equal to ten percent. He requested
that after discussion of the possible modification, that the Assembly direct the Clerk's Office
staff to draft an ordinance that would initiate the amendment to KIBC 3.30.100.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.30.100 (G)(1) Requests for Staff Assistance, states the following:
During a work session or a meeting, or by submitting a request for services on a form
provided by the borough clerk's office, any two or more members of the assembly may
request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be
submitted to the clerk for placement on the agenda in accordance with KIBC 2.30.060(C)(4).
KIBC 2.30.060 (C)(4)
4. Agenda items prepared by staff at the request of the mayor or by two or more assembly
members under KIBC 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60
days of the agenda item request being submitted to the clerk, unless the assembly directs
that the item appear on a particular meeting agenda.
Alaska Statute 29.25.020 (b)(1)
(1) an ordinance may be introduced by a member or committee of the governing body, or by
the mayor or manager.
Kodiak Island Borough Page 4 of 18
Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language Perta...
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
ATTACH THE ORDINANCE, RESOLUTION, OR AGENDA ITEM INFORMATION
FOR ITEMS THAT ARE READY TO BE PLACED ON THE AGENDA
DATE SUBMITTED: 11/26/24
Requestor: Ryan Sharratt p Preferred Mtg. Date:
Item Description:
Preferred work session date: Next Available Work Session Date
Modification of KIBC 3.30.100 to remove language "... plus project contingency equal to ten
percent."
Discuss modification in work session. Direct Clerk to draft the change. Initiate the process to
amend KIBC 3.30.100.
REQUEST FOR ASSISTANCE STAFF TO PREPARE AN ORDINANCE OR RESOLUTION
Requestor 1: Requestor 2:
Detailed Description:
LEGAL OPINION REQUEST
Requestor 1: Requestor 2:
Date when you want the opinion by:
Detailed Description:
See attached.
See pertinent code sections on the back.
Revised on: 20240607 nj
Page 5 of 18
Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language Perta...
AGENDA ITEM #2.a.
KIBC 2.30.050 (C.3)
Agenda items submitted by an assembly member or the mayor without staff assistance, or submitted by the manager,
shall be included on the agenda within 60 days.
KIBC 2.30.060 (B)
Preparation of agenda items. ordinances, resolutions, or other proposed agenda items may be submitted to the clerk
by an assembly member, a committee of the assembly, the mayor, or the manager for placement on the agenda. An
assembly member may request an item placed on the assembly agenda by completing an agenda request form
provided by the borough clerk's office and providing a copy of the proposed item in a format that is ready to be
placed on the agenda.
KIBC 2.20.070(C.1) Requests for Staff Assistance.
During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's
office, the mayor may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be
submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4).
KIBC 2.30.100(G.1) Requests for Staff Assistance.
During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's
office, any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed
ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section
2.30.060(C)(4).
KIBC 2.30.050 (C.4)
Agenda items prepared by staff at the request of the mayor or by two or more assembly members under section
2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being
submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda.
KIBC 2.20.070(C.2) Requests for Legal Opinions.
During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's
office, the mayor and an assembly member may request written legal opinions, relating to borough business, from
the attorney through the manager's or the clerk's office. Upon receipt of the legal opinion, the clerk's office shall
distribute it to all assembly members.
KIBC 2.30.100(G.2) Requests for Legal Opinions.
During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's
office, any two or more members of the assembly, may request written legal opinions, relating to borough business,
from the attorney through the manager's or the clerk's office. Upon receipt of the legal opinion, the clerk's office shall
distribute it to all assembly members.
For staff use:
Received date: 11/26/24
Provided a copy to the Manager on:
11 /26/24
60 days deadline:d IIOS 20P--S— Scheduled on the meeting agenda of:
Notes:
KIBC 2.30.060 (B)
Upon receipt of an agenda item request, the borough clerk shall immediately provide a copy to the borough manager.
The borough manager may provide information or make recommendations, if applicable, and submit such
information to the borough clerk for inclusion with the agenda item
Revised on: 20240607 nj
Page 6 of 18
Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language Perta...
AGENDA ITEM #2.a.
40�
Kodiak Island Borough Assembly Agenda Item Request Form
PLEASE FILL OUT AND RETURN TO THE CLERK
Below Are The Adopted Powers Of The Kodiak Island Borough. Circle the adopted power your request
falls under.
Mandatory Powers of the Assembly: • Solid Waste Collection and Disposal (non-areawide/on
road system)
• Education
• Parks and Recreation (non-areawide/outside cities)
• General Administration and Finance
• Economic Development (non-areawide/outside cities)
• Tax Assessment and Collection
• Planning and Zoning • Animal Control (non-areawide/outside cities)
• Adopted Powers of the Assembly: • Fire Protection and First Responder Emergency
p y: Medical Services (service areas)
• Emergency Services Planning . Road Maintenance and Construction (service areas)
• Community Health (restricted • Street Lighting (service areas)
areawide)
Sharratt 11.26.2024
Assembly Member: Date Submitted:
Agenda Date Requested: Next Available Meeting Type: ()o WS ( ) RM
It is recommended that you turn in request at least a month prior to the meeting date requested. The Mayor retains
discretion when to place items on the agenda per KIBC 2.60.060B.
Description of the item you are requesting to have placed on the agenda. Please submit one form
for each item and submit any applicable documents with this form.
Modificalior, c.:t KIBC 3.30.100. Remove the language "...plus project contingency equal to ten
I>e't:er�l.
Requested action of the Assembly:
Discus-; moddication in work session. Direct Clerk to draft the change. Initiate the process to
amens, h(IE_l" ::; 30.100
For Staff Use:
Received date: Distributed to: Mayor DPO Manager
Discussed at the agenda setting on:
Approved and scheduled on: WS Date: RM Date:
Notes:
C:\Users\iarellano\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\DTIFKIZT\Assembly Agenda Item
Request Form Rev.docx
Page 7 of 18
Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language Perta...
AGENDA ITEM #2.a.
KIBC 3.30.100, Change orders - Manager authority Page 1 of 1
3.30.100 Change orders - Manager authority.
The manager, or designee, is authorized, without assembly approval, to enter into change
orders with respect to borough projects where the amount of additional expenditure
occasioned by the change order or orders does not, in the aggregate, exceed the total contract
amounts approved for the project, plus project contingency equal to 10 percent of the
approved contract amount. Additional contingency may be requested and approved by the
assembly. The manager, or designee, shall report monthly to the assembly the nature and
amount of such change orders. Project approval should include a budget for the project that
includes a contingency line item of 10 percent. Change orders above the manager's approval
limit, but not exceeding five percent of the original contract amount or $50,000, whichever is
lower, require approval by:
A. The mayor and deputy presiding officer;
B. The mayor and one assembly member in the absence of the deputy presiding officer;
C. The deputy presiding officer and one assembly member in the absence of the mayor.
Such approval may be by signature or electronic signature. Change orders greater than five
percent of approved contract amount or $50,000, whichever is lower, require assembly
approval. The authority contained in this section is independent and exclusive of the
purchasing authority defined in KIBC 3.30.010. [Ord. FY2019-19 §2, 2019; Ord. FY2013-11 §2, 2013; Ord.
FY2005-07 §6, 2004; Ord. 99-01 §3, 1999; Ord. 98-03 §2, 1998; Ord. 87-24-0 §2, 1987; Ord. 84-61-0 §10, 1984;
Ord. 81-63-0, 1981. Formerly §3.16.1001.
The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation
passed through October 3, 2024.
The Kodiak Island Borough Code is current through Ordinance FY2025-07, and legislation passed throu...
Page 8 of 18
Discuss Draft Ordinance Modifying KIBC 3.30.100 To Remove Language Perta...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 17, 2024
ASSEMBLY WORK SESSION
SUBJECT: Discussion Of List of Potential Projects Using Remaining State And Local
Fiscal Recovery Funds (SLFRF) ARPA Grant Funds
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
DISCUSSION:
The deadline to obligate or expend the remaining $1.7 million of unspent State And Local
Fiscal Recovery Funds (SLFRF) ARPA Grant Funds is December 31, 2024.
Obligating those funds means executing contracts prior to December 31, 2024 and expending
those contracted funds prior to December 31, 2026.
Expenses for projects completed which are not under a contract must be paid prior to
December 31, 2024.
Attached is a list of items staff is presenting as possible uses for the remaining funds.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough Page 9 of 18
Discussion Of List of Potential Projects Using Remaining State And Local...
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Potential Uses of Remaining $1.7 ARPA State and Local Fiscal Recovery Funds (SLFRF)
Subject
Total Previously Spent
Contract Cost (Not SLFRF Eligbile) SLFRF Eligible Status
Project No. Fund Benefited
ACTIVE
NorthStar Elementary Roof & Skylight Design
$
99,423 $
61,730 $
37,693 Approved Contract 19-10u (spent as of 12/11$0)
23002
General Fund
East Elementary Roof Design
$
130,166 $
23,334 $
106,832 Approved Contract 19-10v (spent as of 12/11 $33,377)
22004
General Fund
Baler Floor Design
$
10,500
x
$
10,500 Approved Contract 25-09 (spent as of 12/11$3,504)
25001
Landfill - Enterprise
Baler Floor Overlay
$
225,600
x
$
225,600 Approved Contract 25-22 (spent as of 12/11$177,975)
25001
Landfill - Enterprise
Mental Health Building ROM & Demo Abatement
$
27,644
x
$
27,644 Approved Contract 25-33 (spent as of 12/11 $0)
25006
General Fund
Baler Rebuild
x
x
$
32,960 No contract (spent as of 12/11 $32,960)
na
Landfill - Enterprise
Emergency Repairs - KIB Sewer Lift Station
x
x
$
19,031 No contract (spent as of 12/11 $19,031)
25002
Building & Grounds - Special Revenue
NOT STARTED
Mental Health Building Abatement & Demo
x
Unapproved Contract #25-35 (out for bid)
25006
General Fund
Firefighter Turnouts
x
$
120,000 Unapproved Contract#25-37
na
Fire Protection Area #1-Special Revenue
Firefighter Turnouts
x
$
55,000 Unapproved Contract #25-37
na
Women's Bay Fire Dept. - Special Revenue
Stormwater Wells
x
Unapproved Contract #25-34 (out for bid)
TBD
Landfill - Enterprise
Community Pool Repair Design
x
$
90,000 Unapproved Contract#25-36
na
General Fund
Electronic Time & Attendance Solution
x
$
25,000 Unapproved Contract #25-38
na
General Fund
Bobcat 5650 Skid Steer Loader
x
$
70,000 Unapproved Contract #25-39
na
Landfill - Enterprise
Total Value
Unapproved contracts must be fully executed by 12/31/2024
Items not under contract must be paid for by 12/31/2024
Contract must be completed and paid for by 12/31/2026
AGENDA ITEM #5.a.
DECEMBER 17, 2024
RECORDS UPDATE
✓ We will be presenting you a records destruction list on December 19.
✓ We fulfilled one records request and we have one pending which is a pretty extensive request.
ASSEMBLY AGENDA ITEM REQUESTS
✓ See tracking spreadsheet attached.
FY2025 BUDGETS AS OF DECEMBER 17, 2024
✓ Legislative Budget — FY2025 at 54%
✓ Clerk's Office Budget — FY2025 at 47%
LEAVE —Please keep me in the loop if you are planning to take time off so we can predetermine
quorum for upcoming meetings.
Reporting
Absences
KI BC 2.25.070
No member of the Assembly may absent himself from any regular or special
meetings of the assembly except for good cause. An assembly member who
is unable to attend a meeting SHALL ADVISE THE CLERK OR THE
MAYOR of the contemplated absence.
BOARD APPLICATIONS
✓ Notice of Vacancies - Applications are being accepted for the following Board, Committee, and
Commission seats that are currently vacant:
Boards, Committees, and Commissions
o Architectural and Engineering Review Board/Building Code Board of Appeals - 1 Seat
o Citizens Board of Equalization - 1 Alternate Seat
o Kodiak Fisheries Development Association - Borough Appointees - Crab Harvester - 1 Seat
o Parks and Recreation Committee - 1 Seat
o Solid Waste Advisory Board - 1 At -Large Seat
Service Area Boards
o Bayview Road Service Area Board - 2 Seats
o Monashka Bay Road Service Area - 3 Seats
o Fire Protection Area No. 1 Board - 1 Seat
o Woodland Acres Streetlight Service Area Board - 3 Seats
o Womens Bay Service Area Board - 1 Seat
Page 1 of 2
Page 11 of 18
AGENDA ITEM #5.a.
DECEMBER 17, 2024
STAFF TRAINING - Attendees: Clerk, Deputy Clerk, and Assistant Clerk
THANK YOU FOR THE WONDERFUL LEARNING OPPORTUNITY!
ALASKA ASSOCIATION OF MUNICIPAL CLERKS
59+h Annual Conference December 8-11, 2024
YOU GAT TO
Nou�Is11
ABC ouPiS
2021 ,
MISCELLANEOUS
✓ Liquor Licenses — Sixteen (16) liquor licenses were reviewed as they enter biennial license period.
The Restaurant and Eating Place Licenses (REPL) for Sizzler Burger/Peking Restaurant (License
#2611) and Second Floor Restaurant (License #3293) are being protested.
✓ Clerk working with the attorney on revising the liquor licenses ordinance.
✓ Borough Offices will be closed December 25 and January 1 for the Chistmas and New Year's
Holidays.
UPCOMING MEETINGS
✓ December 19, Regular Meeting
✓ January 9, Work Session
✓ January 16, Regular Meeting
✓ January 30, Work Session
✓ February 6, Regular Meeting
MISCELLANEOUS EVENTS/CALENDAR
Dates Events Location
2025
January 23-24
Prince William Sound RCAC Board Meeting
Anchorage
February 18-20
2025 AML Winter Legislative Conference
Juneau
February 2025
Federal Lobbying For Assembly Discussion
March 1-4
2025 NACo Legislative Conference
Washington, D.C.
March 2025
Southwest Alaska Municipal Conference
Anchorage
April 2025
AML Spring Conference
Anchorage
May 1-2
Prince William Sound RCAC Board Meeting
Valdez
May 21-23
NACo WIR Conference
Rapid it , S.D.
Jul 11-14
2025 NACo Annual Conference & Exposition
Philadelphia, PA
September 18-19
AML Summer Board meeting
Cordova
Page 2 of 2
Page 12 of 18
co
AGENDA ITEM REQUEST FORMS
TRACKING LIST
No.
Description/Requestor
Requested by
Submitted
60 day
Completed on
Comments
on
deadline
3
Opening Borough Owned Lands To
Sharratt
07120123
NA
04111124 ws
Will continue to come up as
Auction/Lands Discussion
a discussion item.
5
Limiting AirB&B Rentals As Long -Term
Sharratt
08110123
N/A
2129124 ws
Discussed on 0212912024
Housing Solutions
11114124 ws
Assembly discussed ADU
on 10131124, side discussion
was on how they should
discuss on how proceed
with AirB&Bs/short term
rentals
6
Transfer Stations & Requirements For
Sharratt
2129124
NA
2129124 ws
SWAB should take a look at
Recycling
this. Make it current and
bring back recommendation
7
Land Enhancement To Local Buyers
Sharratt
08/17/23
N/A
10
Service Area Maintenance & Snow
Griffin
08/21/23
NA
11107124 rm
Not presenting contract to
Removal Contracts
Assembly. Staff will take a
different direction.
13
Proposed Code Revisions To KIBC
Sharratt
02101124
N/A
02108124 ws
Direction given to defer this
2.125.030 And KIBC 2.125.040
to the ARB/Emailed to E&F
Architectural/Engineering Review Board
on 02109124; Follow-up
email sent on 10131124 ws
14
Investment Strategy
Griffin
06/06/24
Waived
09112124
Will continue to come up as
Preferred Meeting Date: 09112124
PENDING:
a discussion.
01130125 ws
17
Liquor License Code Revision
Arndt/Sharratt
06/25/24
Waived
PENDING:
Ordinance drafted by
by Mayor
0211312025
Attorney.
21
Real And Personal Property Code
Turner/Ames
09/19/24
11108124
10131124 ws
Dave Johnson will present
Change, KIBC 3.35.030 A. 6
new ideas. Get this
scheduled again at another
work session.
24
Amend 3.30.100 To Remove "...plus
Sharratt
11126124
01125125
PENDING:
project contingency equal to ten
12117124
percent"
NA— requests were submitted before the adoption of new code which established a 60-day deadline
v
CD
25
Code Change Accountability for
Shan-att
12101124
01130125
PENDING:
abandoned Vehicles, KIBC 10.10.010
0113012025
26
Require all Short -Term Rentals
Johnson/LeDoux
1211312024
PENDING
operating in the KIB To Register And
License With The Borough No Later
Than July 1, 2025
COMPLETED
No.
Description/Requestor
Requested by
Submitted
60 day
Completed on
Comments
on
deadline
1
Debate Time Limits
Turner
07120123
NA
12/21/23
Ordinance adopted and then
01/04/24
vetoed 01/18124 by the
Mayor
2
KIBC 3.35.030(D) Waiver May Only Be
Turner
07/20/23
Granted For A Year
4
Change Of Agenda — Citizens
Turner
08/03123
NA
12/21/23
Per Mayor — leave format
Comments — In Room/On Phone
as -is
8
Hospital Facilities Repair And Renewal
Griffin
08/21/23
NA
2129124
9
Manager's Spending Authority
Griffin
01123
NA
01/18124 rm
Ordinance No. FY2024-13
Adopted
Adopted — Amt changed
from 25K to 50K
11
Remove Development Of CIP From P&Z
Smiley
10119123
NA
12
Discussion Of Changing The Transient
Shan-aUftiteside
11/09/23
NA
12/14/23 ws
And All -Inclusive Package
Accommodations Tax From Five
Percent To Twelve Percent
15
Land Disposal For Residential
Whiteside
06111124
08110124
07111124 ws
Development
16
2/3 Vote — Ordinance Amendment
Arndt/Turner
05/25124
08/24/24
08101124 Tim
Adopted on 09104124
19
Le al Opinion — Conflict Of Interest
Arndt/Turner
07/29/24
NA
08101124
Related to non roflt funding
20
Letter To AMCO Revoking
Turner
08115124
10115/24
08/29/24 ws
Assembly approved a letter
Pekin Sizzler License
09105124 rm
to send to ABC Board
18
Policy Decisions On The Old Mental
Sharratt
07/25/24
09/23/24
09/26/24 ws
Direction was given to
Health Buildings
10131124 ws
proceed with option 1
22
Amend Code To Require
Whiteside/Shan att
10115124
12114124
1 VI4124 ws
Failed to advance to public
NA— requests were submitted before the adoption of new code which established a 60-day deadline
Provided by Finance Director Dora
cr9kW N&,41TEM #8.a.
KIB OPEN ARPA GRANTS UPDATE as of 12/17/2024
Grant Name ARPA (SLFRF)
Grant Description State and Local Fiscal Recovery Funds
Granting Agency US Dept of Treasury
Total Grant Award $ 2,524,709.00
Expenses to Date $ 777,355.18
Total Amount Obligated to Date $ 34,582.85
Remaining Unobligated Grant Balance $ 1,712,770.97
Grant Period 3/3/2021- must be obligated by 12/31/2024 expended by 12/31/2026
* Resolution FY2023.09A directs the $2,512,354.50 for the following projects:
1)Peterson Elementary School HVAC and Roof Replacement.
2)Any remaining funds towards the Landfill Storm Water Infiltration and Collection Improvement Project.
*Resolution No. FY2022-19 directed a payment to the Salvation Army in the amount of $12,354.50.
Grant Name
Grant Description
Granting Agency
Total Grant Award
Expenses to Date
Remaining Unobligated Grant Balance
Grant Period
ARPA SCIA (LGLRRP)
Local Government Lost Revenue Relief Program
State of Alaska DCCED
$ 1,925,939.01
$ 1,925,939.01
a -
3/3/2021to 12/31/2024
I* Resolution FY2022-22A directs the $1,925,939.01 for the following projects:
1)Peterson Elementary School HVAC and Roof Replacement.
2)Any remaining funds towards the Landfill Storm Water Infiltration and Collection Improvement Project.
Grant Name ARPA (LATCF)
Grant Description Local Assistance and Tribal Consistency Fund
Granting Agency US Dept of Treasury
Total Eligible Amount $ 4,787,173.04
Amount Received Jan. 2023 $ 2,393,586.52 1st tranche payment
Amount Received July 2023 $ 2,393,586.52 2nd tranche payment
Total Amount Obligated $ -
Grant Period 3/15/2021 till expended
rrently not assigned for use.
ARPA (SLFRF) 2.5 Mil
53,000,000.00
$2,524,709.00
52,500,000.00
52,000,000.00
51,500,000.00
$777,355.18
51,000,000.00
$500,000.00
Grant Total Expenses to Date
ARPA (LGLRRP)1.9 Mil
52,500,000.00
$2,000,000.00
$1,500,000m 51,925,939.01
$1.000,000m
5500,000 00
$
Grant Total Expenses to Date
3,000,000.00
2,500,000.00
2,000,000.00
1,500,000.00
1,000,000.00
500,000.00
APRA (LATCF) 4.7 Mil
2,393,586.52
Grant Total
Expenses to Date
Page 15 of 18
AGENDA ITEM #8.a.
Liquor License Timeline
• June 11, 2024: Notice of renewal was received by the Clerk's Office, with a 60-day
protest period that ended on August 9, 2024.
• July 25, 2024: The City Council postponed a resolution titled "Resolution No. 2024-22,
Protesting, Subject to Rescission, Renewal of Restaurant or Eating Place License No. 2611
for Sizzler Burger & Peking Restaurant."
• August 1, 2024: The Kodiak Island Borough Assembly voiced non -objection to the
renewal of Restaurant and Eating Place license #2611.
• August 2, 2024: The Clerk advised the Alcoholic Beverage Control (ABC) Board of the
non -objection.
• August 16, 2024: Assembly member Turner filled out an Agenda Item Request Form
requesting a letter to the ABC Board asking for the revocation of the license for
Peking/Sizzler. He noted that, as presented, the applicant had planned to reopen the
restaurant, but now the applicant wished to sell the license.
• August 20, 2024: The Clerk reached out to the Alcohol Marijuana Control Office (AMCO)
inquiring about opportunities or avenues for providing feedback to the ABC Board after
the 60-day protest period.
• August 21, 2024: According to an AMCO Regulations Specialist, License #2611 was
renewed and is valid for the calendar years 2024 and 2025. During the second year of
the biennial license period, the Assembly may protest the continued operation of
License #2611 by sending a protest to both the ABC Board and the licensee, including
the reasons for the protest, no later than January 31, 2025.
• August 29, 2024: The Assembly agreed to discuss at the next regular meeting a letter to
the Alcoholic Beverage Control Board regarding the possible revocation of the Sizzler
Burger and Peking Restaurant (License #2611).
• September 5, 2024: The Kodiak Island Borough Assembly approved a letter to the ABC
Board asking for the revocation of REPL #2611.
September 6, 2024: The Kodiak Island Borough Clerk's office sent a letter to the ABC
Board requesting the revocation of Sizzler Burger and Peking Restaurant REPL #2611.
Page 16 of 18
AGENDA ITEM #8.a.
• October 24, 2024: The City of Kodiak sent a letter protesting the continued use and
operation of License #2611, citing the reasons stated in the letter.
• November 19, 2024: Alcohol Beverage Control Board (ABC Board) Meeting - Protest
from City of Kodiak re: Sizzler License No. 2611.
ABC Board considered the City of Kodiak's similar protest of license 2611 under AS
04.11.480(a) at the November 19, 2024, meeting. The ABC Board did not uphold the
City of Kodiak's protest.
• November 21, 2024: During the Assembly Regular Meeting, the Assembly voiced
protests to the continued operations of License Numbers #2611 and #3293.
3 AAC 305.085(d) states that the governing body must allow the license holder a
reasonable opportunity to defend the licenses before a meeting of the governing body.
➢ Background information from the November 21, 2024, meeting packet: The
Kodiak Island Borough Clerk's Office evaluates liquor licenses and endorsements
approaching their second year of operation. The objective of the review is to
assess whether there exists a rationale or interest from the Assembly to protest
the continued operation of a license. The Clerk's Office adhered to the protocol
outlined in KIBC 5.01.020, which involved investigating to assess whether the
borough has a vested interest that could be safeguarded by opposing the
ongoing operation of a license. The Borough Department Directors, Building
Officials, Fire Marshall, State Troopers, and Kodiak Police Department were
engaged in the investigation.
November 22, 2024: The Clerk's Office staff contacted the license holder by phone,
email, and postal mail regarding their right to defend the licenses before the Assembly.
• December 4, 2024: The license holder, Mrs. Sook Yun, along with her daughter Stephani,
visited the Clerk's Office and discussed the process with the Clerk's Office staff. We
encouraged Mrs. Yun to either attend in person or call in during the meeting. Stephani
mentioned that they might request a postponement of this item to the January 16
meeting to allow Mrs. Yun to attend in person.
December 16, 2024: The Deputy Clerk spoke with Stephani, the daughter of Mrs. Sook
Yun, addressing inquiries concerning the informal hearing regarding the ongoing
operations of REPL Sizzler Burger/Peking Restaurant (License #2611) and Second Floor
Restaurant (License #3293) during the second year of their biennial license period. The
Deputy Clerk explained the process and urged both Mrs. Yun and Stephani to participate
either in person or by phone during the Assembly Work Session scheduled for December
17 and the Regular Meeting on December 19.
Page 17 of 18
AGENDA ITEM #8.a.
KODIAK ISLAND BOROUGH
Meeting Type: Assembly Work Session
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Page 18 of 18