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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... Cn Cn o' Z3 O Q r- U' 0 T 0 CD Z3 T _O CD 0 Cn C Cn Z3 CD 3 7 (Q CD D Z3 Q r 0 ►� 00 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 r�� wwu ■� Date: i l - ll 2 U?-q_ ■ r1udSe mill Yuul limile lu ml rllVllt: IIulIILJt:F P41kq D wes�m* Page 18 of 18