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2021-06-17 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 17, 2021, 6:30 p.m., For public participation this meeting will be livestreamed through KIB UstreamTV (https://video.ibm.com/channel/kodiakislandborough) And broadcasted on KMXT at 100.1 FM 1. Invocation 2. Pledge of Allegiance 3. Roll Call 4. Approval of Agenda 5. Approval of Minutes 6. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 7. Awards and Presentations 4 - 5 A. Recognizing The Month Of June 2021 As Fire Prevention Month. Proclamation 2021 Fire Prevention Month - Pdf 6 - 7 B. Recognizing The Week Of June 13, Thru June 19, 2021 As Invasive Species Awareness Week. Proclamation Invasive Species Awareness Week - Pdf 8-32 C. Redistricting Presentation - Peter Torkelson, Executive Director, Alaska Redistricting Board Red istricti na-1 ntrod u ction-6-16-21 8. Committee Reports 9. Public Hearing 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.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 0 Page 1 of 64 10. Borough Manager's Report 11. Messages from the Borough Mayor 12. Consideration of Calendar - Unfinished Business 13. Consideration of Calendar - New Business 13.A. Contracts 13.13. Resolutions 33-42 1. Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreement With Michael C. And Anita S. Brechan For Property Identification Number 19195 — Pasagshak 2nd TR J 41832 Furin Way For The Placement Of A Tsunami Siren. Complete Binder For Resolution No. FY2022-03 - Pdf 13.C. Ordinances for introduction 43-54 1. Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Establishing A Parks And Recreation Service Area Including The Road Accessible Areas Of The Borough Outside Of The City Of Kodiak To Provide For Non-Areawide Parks And Recreation Facility Construction Maintenance And Operation. Ordinance No. FY2022-03 Version B - Eliminating The Parks And Recreation Committee In Chapter 2.120 And Replacing It By Adopting A New Chapter 4.150 Establishing A Non-Areawide Parks And Recreation Board To Provide Parks And Recreation Management And Budget Advice For Non-Areawide Parks And Recreation Programs And Facilities Construction, Maintenance And Operation. Comalete Binder For Ordinance No. FY2022-03 Versions 55-58 2. Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Which, If Passed By The Voters, Would Amend The Kodiak Island Borough Code To Provide For An Area Wide Authority To 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.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 64 Fund Post -Secondary Education Programs Provided By Kodiak College As Part Of The University Of Alaska System Located Within The Kodiak Island Borough, Subject To A One -Tenth Of A Mill Tax Levy Limit. Complete Binder For Ordinance No. FY2022-04 - Pdf 13.D. Other items 59 1. Assembly Travel Assembly Travel Code 2.30.100 14. Citizens' Comments 15. Assembly Member' Comments 16. Executive Session A. Discussion Of The Borough Clerk, Alise Rice, One Year Evaluation. 17. Adjournment 18. Information materials 18.A. Minutes of other Meetings 18.13. Reports 60-64 1. May 2021 Projects Report - EF Project Manager, Matt Gandel 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.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 0 Page 3 of 64 AGENDA ITEM #7.A. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 17, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Recognizing The Month Of June 2021 As Fire Prevention Month. ORIGINATOR: Alise Rice RECOMMENDATION: Mayor Roberts to read proclamation. DISCUSSION: "Look. Listen. Learn. Be aware — fire can happen anywhere" is the theme of June 2021 in Alaska. The Kodiak Island Borough is committed to ensuring the safety and security of all those living in and visiting Kodiak. Fire safety and prevention are of utmost importance for every Alaskan. Each year, fires cause devastating personal injury and property loss throughout our state. Kodiak Island Borough first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education. The 2021 Fire Prevention Month theme, "Look. Listen. Learn. Be aware — fire can happen anywhere" effectively serves to remind us that we need to take personal steps to increase our safety from fire. This includes working smoke detectors that are tested annually, clearly visible street addresses and continued fire safety awareness for all family members. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Recognizing The Month Of June 2021 As Fire Prevention Month. Page 4 of 64 AGENDA ITEM #7.A. Recognizing The Month Of June 2021 As Fire Prevention Month. Page 5 of 64 All Office of the Mayor Kodiak Island Borough, Kodiak Alaska Proclamation DECLARING JUNE 2021 As FIRE PREVENTION MONTH w FMIIEAS, the Kodiak Island Borough is committed to ensuring the safety and security of all those iving in and visiting Kodiak; and WHEREAS, fire safety and prevention are of utmost importance for every Alaskan. Each year, fires �-.ause devastating personal injury and property loss throughout our state; and WHEREAS, in 2019, there were 893 residential structures fires reported in Alaska, resulting in 14 civilian leaths, 44 civilian injuries, 39 firefighter injuries, and $50,411,728 in property loss, and 4 civilian deaths From fires; other and WHEREAS, it is vital Alaskans remain vigilant in protecting their homes and families by practicing lmple fire prevention measures every day, such as engaged cooking, cautious, use of home heating L�quipment, and proper placement of ignitable materials; and WHEREAS, Kodiak Island Borough first responders are dedicated to reducing the occurrence of home Fires and home fire injuries through prevention and protection education; and WHEREAS, the 2021 Fire Prevention Month theme, "Look. Listen. Learn. Be aware — fire can happen nywhere" effectively serves to remind us that we need to take personal steps to increase our safety from fire. This includes working smoke detectors that are tested annually, clearly visible street addresses and continued fire safety awareness for all family members. ........... NOW, THEREFORE, 1, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim: the month of June 2021 as Fite Prevention Month and encourage all citizens to Look. 'sten. Learn. Be aware — fire can happen any -where. This effectively serves to remind us we need to take personal steps to increase out safety from fire and to support the many ,sat afety activities and efforts of the Borough fire and emergency services during the month. In witness whereof, I have here unto set hand and cause t to b affixed. Vmam Roberts, Borough Mayor Att Alis L. Rice, Borough Clerk i W Recognizing The Month Of June 2021 As Fire Prevention Month. Page 5 of 64 AGENDA ITEM #7.B. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 17, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Recognizing The Week Of June 13, Thru June 19, 2021 As Invasive Species Awareness Week. ORIGINATOR: Alise Rice RECOMMENDATION: Mayor Roberts to read proclamation. DISCUSSION: Kodiak's vast natural environment includes terrestrial, freshwater, and marine ecosystems supporting native populations of wild plants, fish and wildlife, cultivated crops and livestock, and bountiful subsistence resources. The introduction and spread of harmful non-native species, also known as invasive species, can alter operations of established natural systems, including the flow of water, the pattern of wildland fires, the intensity of floods, the flow of nutrition, and the strength of biodiversity. The effects of invasive species on Kodiak's natural world can damage our land and water, harm the health of both humans and wildlife, affect the productivity of our natural resources, inhibit management of resources in Kodiak, erode Kodiak's attractiveness as a tourism destination, and negatively impact the subsistence resources and practices which have been a part of our archipelago's culture for millennia. As a result of global commercialization and frequent human travel, invasive species are increasingly becoming more difficult to prevent and control. The prevention of invasive species is far less costly than the removal of a species once it has arrived or established, and an educated public is essential and highly effective at detecting invasive species early. The Kodiak Cooperative Invasive Species Management Area (CISMA) and partners work cooperatively with stakeholders to protect the state by striving to prevent, detect, manage, and eradicate invasive plants, animals, and aquatic species to protect Kodiak's unique and valuable resources, and ultimately, the Alaskan way of life. A population that is informed of the risk of, vigilant against the appearance of, and empowered to counter the nascent threat of invasive species represents a far more cost-effective response than spending millions of dollars to manage, control, and eradicate established infestations. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Recognizing The Week Of June 13, Thru June 19, 2021 As Invasive Species ... Page 6 of 64 AGENDA ITEM V.B. Office of the Mayor Kodiak Island Borough, Kodiak Alaska proclamation DECLARING THE WEEK OF JUNE 13, THRU 19, 2021 INVASIVE SPECIES AWARENESS WEEK 6, Kodiak's vast natural environment includes terrestrial, freshwater, and marine ecosystems native populations of wild plants, fish and wildlife, cultivated crops and livestock, and subsistence resources; and I IEREAS, the introduction and spread of harmful non-native species, also known as invasive species, n alter operations of established natural systems, including the flow of water, the pattern of wildland es, the intensity of floods, the flow of nutrition, and the strength of biodiversity; and REAS, the effects of invasive species on Kodiak's natural world can damage our land and water, the health of both humans and wildlife, affect the productivity of our natural resources, inhibit gement of resources in Kodiak, erode Kodiak's attractiveness as a tourism destination, and ively impact the subsistence resources and practices which have been a part of our archipelago's e for millennia; and as a result of global commercialization and frequent human travel, invasive species are becoming more difficult to prevent and control; and EAS, the prevention of invasive species is far less costly than the removal of a species once it has or established, and an educated public is essential and highly effective at detecting invasive early; and :AS, the Kodiak Cooperative Invasive Species Management Area (CISMA) and partners work tively with stakeholders to protect the state by striving to prevent, detect, manage, and eradicate plants, animals, and aquatic species to protect Kodiak's unique and valuable resources, and ly, the Alaskan way of life; and AS, a population that is informed of the risk of, vigilant against the appearance of, and ed to counter the nascent threat of invasive species represents a far more cost-effective than spending millions of dollars to manage, control, and eradicate established infestations. 10W, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim une 13 -19 2021 as: Alaska Invasive Species Awareness Week" and encourage all residents and visitors to learn more bout, and contribute to, the prevention of invasive species in our Great Borough, and thereby upport a broad, efficient and effective effort to protect the health and integrity of Kodiak's natural pstems and human populations. In witness whereof, I have here unto set my hand and cause this seal to be affixed. William Roberts, Borough Mayor Attest:: Recognizing The Week Of June 13, Thru June 19, 2021 As Invasive Species ... Page 7 of 64 o , a n i m(Q.�.)a a IMD � CD B , A R C C'Yrl.in C.B�- n REDISTRICTING BASICS An Introduction to Redistricting in Alaska , r 47 +Cne 14, �y $ yayr el n t k° m 2zw 1 •r,� - SAS b'(:..[Ds. I� U � _. CD ! Z O .t °a x,,,� dT ,' ! I� t -9 0, wa it oRr .«i ur ° f`� - --- ----- i�\� �l�% �{ l T ,, 'fw=,s °'` .� r o r � u,,,e�g :v ' - � ;.:.Y " R4xs"` rf 4,t t+s r P JJjS� , !1 _ ED A •Spslrr � -r ,.^ ,�`^ . ,U�};, '® www.akredistrict.org r [� T f N (.) W s 1C Y In,I � � _.w• r�d"r_�/� Win..,..., F'nit t'frr: frl•:1'.tli'1'ti11�;� ^� 0 'Q CD 77 0- 0 �. M(C) (D �CD CD o� (D 0 0 CD >C v� v ALASKA S PRO CESS • Voters approved Ballot Measure #3 in 1998 creating a 5 -member independent Redistricting Board. • Governor appoints 2 members • Senate President 1 member • House Speaker 1 member • Chief Justice of the Supreme Court 1 member • Members must represent various geographic areas of the State • Members must be Alaska residents • Members may not run for legislative office in the next cycle • Board holds sole authority for drawing new legislative district maps and defending them in the Court system www.akredistrict.org o CD M(C) X m� n o� (D CD >C J) v 9 ALASKA S BOARD • The current Board was appointed and convened in August 2020 • Alaska Redistricting Board Members are: • John Binkley of Fairbanks, Chair • Melanie Bahnke of Nome • Nicole Borromeo of Anchorage • Bethany Marcum of Wasilla • Budd Simpson of Juneau www.akredistrict.org O 'o CD 77 0- L) �. M(C) CD CD WHY CHANGE WHAT WORKS? CD o� CD p war >C —m v v tT- A Maltlln uk la111AA hn�nnraral Am"m 6-C wr.a nly.: Te Yar N—Jl AWvF Tanana Fail rM Srar G..D -I Hems GCHNn Nnlam GaYna h P 39-T un.iaklr.r sree hi of 0 uqn Al -.k &kQWh A—A 9-E SL rary�. ,y cra.a 10 noow. gw ` wranvraa-s at T v Q 4 Adak A1Fa M 4 tl 37-a to -P AMknry■ ^ r Plavn yak 9n SL /aul Lige ntl 7aNnaMa xotllah nth SI. G�orp� 1. P*lm Ar urb 9e. 2-P Po •Han OI�H �hlon. 4 ah Bay � cP.ew� x sFa n SAA. c www.akredistrict.org o CD M(C) X m� n (D o� (D CD >C J) v WHY REDISTRICT? • The US and Alaska Constitutions' Equal Protection clauses require that each voter have as much influence over an election results as every other voter • One person = One vote • Legislative District lines are fixed, but Alaskans move frequently www.akredistrict.org o CD M(C) X m� n o� (D CD >C J) v no ALASKA CHURN • In the past, in -migration and out migration spikes have driven change • Now, only net population gain in recent years has been births • Some areas churn more than others, for example • 88% of Alaskans in the Bethel Census Area were born in Alaska • 17% of population in the Aleutians West Census area were born in Alaska www.akredistrict.org O 'y CD 77 0- L) �. M(C) CD CD C/) CD C o� CD O CD >C v m v ALASKA GROWS EARLY Alaska Total Population, 1946 to 2019 M1I1I1I1I1>■ 400,000 200,000 El 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2019 Source: Alaska Department of Labor and Workforce Development N www.akredistrict.org O 'y CD 77 0- L) �. M(C) (D �CD CD o� (D 0 o Do —m v v 01 0 ALASKA CHANGES Components of Population Change for Alaska, 1947 to 2019 40,000 {r rrr' 20,000 10,000 0 -20,000 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2019 Source: Alaska Department of Labor and Workforce Development 8 www.akredistrict.org v CD 0 GROWTH COLLAPSES Alaska Population Change by Decade 1950 to 1960 93,340 1960 to 1970 !I 78,100 1970 to 1980 111,300 19M to 1990 1990 to 2000 75,175 2000 to 2010Mrqww 85,548 2010 to 2020 V 23,151. 0 30,000 60,000 Source: Alaska Department of Labor and Workforce Development 9 90,000 120,000 133,371 150,000 www.akredistrict.org o CD M(C) X m� n o� (D CD >C v J) v CENSUS DELAYS M Local I Anchorage 40 35°F Nation/World Census Bureau says it won- t deliver redistricting data until end of September ®' Author: Mike Schneider, Associated Press 0 Updated: February 12 ITI Published February 12 The U.S. Census Bureau said Friday it won't be delivering data used for redrawing congressional and state legislative districts until the end of September, causing headaches for state lawmakers and redistricting commissions facing deadlines to redraw districts this year. Officials at the statistical agency blamed operational delays during the 2020 census caused by the pandemic. www.akredistrict.org O CD 77 0- L) �. M(C) (D �CD CD o� (D 0 o Do v� v v 00 0 III CENSUS DATA WHEN :� • Feb 12th Census notified states that Redistricting data should be "expected by September 30" • State of Ohio sued Census over the delay until September • March 15, the Census said it "recently determined" that data in the older format used in 2010 could be available by "mid-August" • April 15, the Census says that initial data will be out August 16. • Census Info page on www.akredistrict.org has actual emails * September 30 is the currently published deadline, but data may be received sooner (days or weeks) www.akredistrict.org 0 'Q CD 77 0- 0 �. M(C) (D �CD CD o� (D 0 0 CD >C v� v ALASKA CONSTITUTION • Alaska Constitution Article VI § 10. Redistricting Plan and Proclamation - (a) Within thirty days after the official reporting of the decennial census of the United States or thirty days after being duly appointed, whichever occurs last, the board shall adopt one or more proposed redistricting plans. The board shall hold public hearings on the proposed plan, or, if no single proposed plan is agreed on, on all plans proposed by the board. No later than ninety days after the board has been appointed and the official reporting of the decennial census of the United States, the board shall adopt a final redistricting plan and issue a proclamation of redistricting. The final plan shall set out boundaries of house and senate districts and shall be effective for the election of members of the legislature until after the official reporting of the next decennial census of the United States. www.akredistrict.org o CD M(C) X m� n (D o� (D 0 CD >C J) v CD N O O NORMAL CYCLE TIMELINE • March 15, 2021: Census Redistricting Data received • April 14, 2021: Proposed Plans Adopted • June 13, 2021: Final Plans adopted • July 13, 2021: Deadline for Litigation Filings • July 13, 2021 - May 30, 2022: nearly a full year buffer for litigation • June 1, 2022: Legislative Candidate Filing Deadline 13 www.akredistrict.org 0 'y CD 77 0- 0 �. M(C) (D �CD CD o� (D 0 0 CD >C v� v MLI 2-021 LATE—AUGUST TIMING • August 24, 2021*: Census Redistricting Data received • September 23, 2021: Deadline for Proposed Plans to be Adopted • November 22, 2021: Deadline for Final Plan to be Adopted • December 22, 2021: Deadline for Litigation Filings • Dec. 22 - June 1, 2022, allows a max five month litigation window • June 1, 2022: Legislative Candidate Filing Deadline * August 24 is for example only. No fixed date has yet been announced by the Census Bureau www.akredistrict.org o CD M(C) X m� n o� (D 0 Do J) v 15 2-021 SEPT. 30 TIMING • September 30, 2021*: Census Redistricting Data received • October 30, 2021: Deadline for Proposed Plans to be Adopted • December 29, 2021: Deadline for Final Plan to be Adopted • January 28, 2021: Deadline for Litigation Filings • Jan. 28 - June 1, 2022, allows a max four month litigation window • June 1, 2022: Legislative Candidate Filing Deadline * September 30 is the currently published deadline, but data may be received sooner (days or weeks) www.akredistrict.org o CD O mcQ X 0(D o� CD 0 CD >C -m v W 2-021 SEPT. 30 TIMING • September 30, 2021*: Census Redistricting Data received • October 30, 2021: Deadline for Proposed Plans to be Adopted • December 29, 2021: Deadline for Final Plan to be Adopted • January 28 1021: Deadline for Litigation Filing • Jan. 28 - June 1, 2022, allows a max four month litigation window • June 1, 2022 _egislative Candidate Filing Deadlint www.akredistrict.org o CD M(C) X m� n (D U) o� CD >C v J) v T v CD N O Cn DRAFT TIMELINE DETAIL Day 1 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 CENSUS DATA RECEIVED _ SeptemberM deadline L Validate & Load Map Data Staff works with software vendor Analyze population deviations in current districts 0] Work groups develop zone plan sets = Z member + swffwark groups O virtual or in-person as desired !Z In-person if possible G] L Hearings vio ANC LIO Lire Streaming Produce Presentation Staff,prints and web posts proposed maps Boord breaks into 3 groups �2 x 2 members + I member & I staffi Group #1: Northwest, Southwest, Fairbanks, North Pale Utgiagvik, [Catrebue, Nome, Befhe[, Qi([ingham, Fairbanks, North Pole 35 day roadshow window: Day •. to Day 75 Group n2:Anchorage, Eagle River,Wasilla, Palmer,Talkeenta, Wenai Penin. 7 meetings assigned to each group Anchorage may 6e regionalized to discuss, East West &South ureas Group tt3: ]uneau, I{etchikan, 5itka, Petersburg, Cordova, Kodiak, Unalaska Llna[aska may be assigned to group t1 or u3 as weotirer permits. xk PROPOSE PLANS ADOPTED Public meeting at ANC LIO All members in attendance Public in-person if possible [Jay 75 to 85 FINAL PLAN ADOPTED Public meeting otANCLIO All members in attendance Public in-person if possible www.akredistrict.org 0 'y CD 77 0- 0 �. M(C) (D �CD CD o� (D 0 0 CD >C v v v N U1 0 We DRAFT TIMELINE DETAIL 1 Day 1 5 10 15 20 25 30 35 40 45 a LA t a C v i Q v L CL CENSUS DATA RECEIVED September 30 deadline L. Validate & Load Map Data Staff works with software vendor Analyze population deviations in current districts 2 member + staff work groups virtual or in-person as desired In-person if possible Hearings via ANC LID Live Streaming PROPOSED PLANS ADOPTED Produce P Staff prints or Board breaks into .., 35 day roadshow rGr!!p #Ilaska www.akredistrict.org 0 'y CD 77 0- 0 �. M(C) CD CD C/) CD C o� CD 70 0 CD >C v v DRAFT TIMELINE DETAIL 35 40 45 50 55 60 65 70 75 80 v CDD VOSE_ o ADOPTED rn Frog at ANC L10 Produce Presentation Maps Staff prints and web posts proposed maps Board breaks into 3 groups {2 x 2 members + 1 member & 1 staff) 35 day roadshow window: Day 40 to Day 75 7meetings assigned to each group 4�1. 's in attendance ers1�nrf possible SMI * Day 75 to 85 FINAL PLAN ADOPTED www.akredistrict.org O 'y CD 77 0- O �. M(a (D �CD CD o� (D 0 O CD >C v� v v N 4 O THIS CYCLE IS UNIQUE • Less than a single Alaska House seat in total population growth • 2000 legislative district target was 15,700 • 2010 legislative district target was 17,756 • 2020 Census count: 733,391: District target will be 18,335 • COVID delays introduce uncertainty into Census reporting timing • Possible that candidate will file for District X, but will end up in District Y once population changes are accounted for • Board keenly aware of this challenge, but not at liberty to change timeline www.akredistrict.org o m 770- U. o MCC (� �(D U) ov >C v � v Iv D N 00 O WEBSITE MAPS MAP "AE E E RY The 2013 Redistricting Board Proclamation maps currently define Alaska legislative districts statewide, These reflect the 2010 U.S. Census enumeration of 710,200 Alaskans for an ideal district population of 17,755. Click an image or map title for hi -resolution PDF fide. Right clickand choose "Dow.rload linked file as .."to download and save PDF for off-line reference. L 21 wia rnnmmdUUJI)WI�nui-c 2013 Proclamation House Districts 2013 Proclamation House Districts u- ❑ _ SC C. 2013 Proclamation House Districts 2013 Proclamation Matsu � t ? 1-P rJ _may 2013 Proclamation Fairbanks 2013 Proclamation Kenai 2013 Proclamation Matsu m Z O 2013 Proclamation House Districts 2013 Proclamation House Districts 2013 Proclamation House Disklcts M J� https://www.akredistrict.org/map-gallery/ m O 'y CD 77 0- CD �. 1711(0 CID (1) CID o� (D 0 O CID >C sv � v sv N co O WEBSITE AVAILABLE REDISTRICTINCw www.akredistrict.org 13 ■ A R r ANNOUNCEMENTS Census Redistricting Data Delayed 0n February 12th the U. S. Census notified the Board that redistricting data will be provided no later than September 30, 2021, pushing the deadline far a final plan to late December. See more US. Census.lnfo.? Redistricting Board Adapts Po icies In public meetings on Dec. 29 and W. 26 the Board unanimously adopted a revised procurement code and suite of open meetings, records, compensation and travel policies. See Board policy Page > Alaska Redistricting Board Retains It y Staff Today the Alaska Redistricting Board is pleased to announce the hiring of Peter Torkelson as Executive Di rector and TJ Presley as Deputy Director. Full Story2 ANNOUNCEMENTS GET INVOLVED GET INVOLVED Stay Informed Signup for email updates to receive s advanced notice of upcoming board meetings and activites. Signup Now> Make Your Voice Heard r �. Submit your comments on any map or matter under consideration by the board- Submissions become part of the public record and will be printed in the public comment section of the next Board Packet. A valid Alaska A code is required. Submit Public Comment Now > Questions or Concerns? Ask questions or share your concerns on any Issue related to the board's redistricting work ka question or share a concern > MAP GALLERY CENSxrs INFO MAP G I LERY 7013 Statewide Proclamation The current Alaska House districts have been in effect Since the summer of 2013 and do not reflect the forthcoming census enumeration, S ew Gallery> Anchorage & Mat -Su Maps See zoomed -in maps an Southcentral districts from the 2010 redistricting cycle. View Breakout Maps> Fairbanks & North Pole Maps These maps for the FairbankslNorth Pole districts reflect the 2010 redistricting cycle. View Breakout Map > Southeast Alaska Maps I These maps reflect the 2010.2013 redistricting cycle and do not reflect the 2020 census information View Southeast Map i GOVERNING LAW CONTACT iT5 O 'y CD 77 0- O �. 1711(0 CID C/) CID o� (D 0 O CID >C sv � rn Sv WEBSITE AVAILABLE 1;1 ANNOUNCEMENTS Census Redistricting Data Delayed 0n February 12th the U.S. Census notified the Board that III redistricting data will be provided no later than Septemb 30, 2021, pushing the deadline for a final plan to December. See more U.S. Census Info > Redistricting Board Adapts Policies In public meetings on Dec 29 and Jan- 26 the Board unanimously adopted a revised procurement code and suite of open meetings, records, conn pensation and travel policies. See Board Policy Page > AL@5ka Redistricting Board RetainsI gaff Today the Alaska Redistricting Board is pleased to announce the hiring of Peter Torkelson as Executive Director and TJ Presley as Deputy Director. Full Story ANNOUNCEMENTS www.a kred i stri ct.o rg VED Stay Informed Signup for email updates to receive advanced notice of upcoming board 'r<--: ' meetings and activites. Sigma Now (�_ Submit your comments on any map or il matter under consideration by they board- Submi5sions become part of the public record and will be printed in the public comment section of the next Board Packet. Avalid Alaska zip code is req u [red. Submit Public Comment Now> Questions or Concerns? ! �� Ask questions or share your concerns on any f issue related to the board's redistricting work. Ask a question or share a coneeno > MAP GALLERY CENSUS INFO MAP GALLERY = M1 2013 Statewide Proclamation The current Alaska House districts have been in effect since the summer of 2013 and do not reflect the forthcoming census enumeration-View.6allery.> Anchorage & Mat -Su Maps See zoomed -in maps on Southcentral districts from the 2010 redistricting cycle- View Breakout Maps > Fairbanks & North Pole Maps These maps for the Fairbanks/North Pole districts reflect the 2010 redistricting cycle. View Breakout Map i Southeast Alaska Maps These maps reflect the 2010-2013 redistricting cycle and do not reflect the 2020 census information View Southeast Map? MMENE4 Ga OVERNINCr LAW C0NTACIT ZTS; o m 770- U. o MCC (� �(D ov 0 O >( v° v v W 0 WEBSITE AVAILABLE www.akredistrict.org GET INVOLVED The best way to get involved is to sign up for our notification email service which will alert you in advance of all board meetings, upcoming events, significant dates or breaking news which affects the redistricting effort in Alaska. You may choose your alert level to suit your priorities. First Name " John Last Name' Smith Email Address " johr)@)srTith.com Alert Level " p Board Meeting Notices p Significant Dates p News that Affects Redistricting Comments Thanks for keeping me inforrmd! www.akredistrict.org o , a n i m(Q.�.)a a ,IMD , CD ria F4{1a t-raF (D e "i �1 o':.•— /'}.A rr ! Loy`e ,,.- r �.�lrir� ur. ------_--- c yt C'vrl.M C.B ID 7 THANK YOU Please reach out to ask questions or share concerns , r peter.torkelson@akredistrict.or ,n,r - ti.presley@akredistrict.or;R „x �`�'� tYia4C P1u 907-563-0300 es SAS p•�:..[D s. I� U e,4w , - .,..,,� ;; m u Z OO °a T fl °. $` oR r «i w. ° f`� 1Yoprpl, �l�%� { 1 T n RAY °< rL i. t+s P P JJjS� Ta� '� •Sp�1rr -r www.akredistrict.org r +ea• rt k n o w s x r l""• I "a';�„= �,..�.�,. Cn. l.a;r) F' ;,',r�: nr:r'.irr �-� C C) AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 17, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreement With Michael C. And Anita S. Brechan For Property Identification Number 19195 — Pasagshak 2nd TR J 41832 Furin Way For The Placement Of A Tsunami Siren. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to approve Resolution No. FY2022-03. DISCUSSION: Residents and property owners request the installation of a tsunami siren in the Pasagshak area. E/F Staff identified a location that receives radio signals allowing for the installation on the Brechan owned parcel described above. Mr. and Mrs. Brechan have agreed to the conditions described to the attached lease documents. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 33 of 64 AGENDA ITEM #13.6.1. KODIAKISLAND BOROUGH Engineering & Facilities Department DATE: 6/8/2021 MEMORANDUM TO: Mayor William Roberts, Kodiak Island Borough Assembly, Manager Michael Powers FROM: David Conrad, E/F Director RE: Resolution FY2022-03 Creation of Lease Agreement with Michael and Anita Brechan For Property ID#19195 Pasagshak for the Installation of a Tsunami Siren Site Over the last several years during my employment with the Engineering and Facilities Department (E/F) the residents and owners of the properties at Pasagshak have requested on multiple occasions that the Kodiak Island Borough (KIB) install a functional tsunami siren in the area for an outdoor warning siren system for the benefit of the residents, property owners, and recreational users of this popular Kodiak area. Multiple years ago, the KIB installed a pole and siren array on the spit in Pasagshak however it was never made functional. Current staff cannot determine a definitive reason for this oversight or omission. The KIB recently received grant funding and approved the use of budgeted funds to successfully install replacement sirens at all the previously existing sites and add this site at Pasagshak. E/F Staff utilized existing VHF radio equipment and conducted multiple signal test events with the cooperation of the Kodiak City Police Dispatch Center. During the testing process, Property I13#19195 Pasagshak 2n' TR J 41832 Furin Way which is owned by Mr. and Mrs. Michael Brechan, was deemed as an area with a higher signal strength and a good alterative place to install the siren. Testing performed at the previously installed siren site revealed that the signal strengths were intermittent and likely not reliable. During the site testing phases conversations with the Brechan's resulted in a tentative agreement to allow the placement of the required pole, utility trench, and required siren equipment on this parcel. The terms of the lease agreement require the KIB to install two empty electrical or communication conduits from a nearby electrical transformer for future use and the KIB will agree to pay the taxes on said parcel for the lease term agreement period. The taxes for 2020 on this parcel were $10.75 and have not changed for the 2021 or 2022 fiscal years. As many are aware in Kodiak the Brechan's have been long term active participants in multiple aspects of the Kodiak community. Their generosity and community involvement continues as is evident with their participation in allowing this much needed safety feature to be installed at this site not only for the area residents and property owners but the recreation and day use visitors. Their actions are commendable. Staff has worked with the Brechan's and the KIB attorney to create a mutually agreed to lease arrangement which is before you. Staff recommends that this ordinance be considered and passed. Page 1 of 1 Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 34 of 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AGENDA ITEM #13.6.1. Introduced by Engineering and Facilities thru the Mayor: Drafted by: David Conrad Introduced on: 6/17/2021 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2022-03 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ENTERING INTO A LAND LEASE AGREEMENT WITH THE MICHAEL C. AND ANITA S. BRECHAN AND THE KODIAK ISLAND BOROUGH, FOR A TSUNAMI SIREN SITE IN PASAGSHAK. WHEREAS Michael C. and Anita S. Brechan (Landlord) owns certain property identified as Borough Property ID# 19195 — Pasagshak 2nd TR J 41832 Furin Way; and WHEREAS Kodiak Island Borough (Tenant) desires to locate a tsunami warning siren in the Pasagshak area, including the approximately 50 -foot -high wood utility pole upon which the siren will be mounted and the necessary electrical and communications connections for the tsunami warning siren operation, and desires to use the Landlord's property for that purpose; and WHEREAS the Landlord is willing to accommodate the tsunami siren, pole and related equipment and utilities in exchange for the Tenant installing conduit for the Landlord's future use connecting the property to a nearby electrical utility transformer and Tenant's payment of the taxes on the property during the lease term. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: The Kodiak Island Borough accepts the land lease agreement providing the leases the Tenant the following property ("Property"): 1) exclusive use of an approximately 150 square foot portion of that parcel identified as Borough Property ID# 19195 — Pasagshak 2nd TR J 41832 Furin Way, which areas includes the location of a utility trench and the pole site; and 2) a nonexclusive easement contemporaneous with the pole use over the entire parcel to the extent required as a fall zone for the pole. The Property and proposed utility trench and pole location are depicted in the diagram and aerial photograph attached as Exhibit A. The initial term of this lease is 25 years commencing as of September 30, 2020 with one ten-year extension at the sole option of the Tenant, so long as the Tenant is not in violation of any terms or conditions as set forth in this lease. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Alise L Rice, Borough Clerk Resolution No.FY2022-03 Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 35 of 64 AGENDA ITEM #13.6.1. LAND LEASE AGREEMENT This Lease Agreement ("Lease") is made effective as of September 30, 2020 ("Effective Date"), between The Michael C and Anita S Brechan Trust, of Post Office Box 303, Kodiak, Alaska 99615 (Landlord") and The Kodiak Island Borough, a second class borough ("Tenant") organized and existing under the laws of Alaska, whose address is 710 Mill Bay Road, Kodiak, AK 99615; (each a "Party" and collectively, the "Parties"). A. WHEREAS, Landlord owns certain property identified as Borough Property ID# 19195 — Pasagshak 2nd TR J 41832 Furin Way; and B. WHEREAS, The Tenant desires to locate a tsunami warning siren in the Pasagshak area, including the approximately 50 foot high pole upon which the siren will be mounted and the necessary electrical and communication connections for the tsunami warning siren operation, and desires to use Landlord's property for that purpose; and C. WHEREAS, Landlord is willing to accommodate the tsunami siren, pole, and related equipment and utilities in exchange for the Tenant installing conduit for the Landlord's future use connecting the property to a nearby electrical utility transformer and Tenant's payment of the taxes on the property during the term of the lease. NOW, THEREFORE, it is hereby agreed as follows 1. Property. Landlord leases to Tenant the following property ("Property"): 1) exclusive use of an approximately 150 square foot portion of that parcel identified by Borough Property ID# 19195 — Pasagshak 2nd TR J 41832 Furin Way, which areas includes the location of a utility trench and the pole site; and 2) a nonexclusive easement contemporaneous with the pole use over the entire parcel to the extent required as a fall zone for the pole. The Property and proposed utility trench and pole location is depicted in the diagram and aerial photograph attached as Exhibit A. 2. Authorized Uses. This Lease is issued for the following authorized uses: Tenant may construct, maintain, and operate a tsunami siren and pole and related equipment and install electrical and communication connections on the Property. 3. Term. The initial term of this Lease is 25 years ("Term"), commencing as of September 30, 2020 ("Commencement Date") with one ten year extension at the sole option of Tenant, so long as Tenant is not in violation of any terms or conditions as set forth in this Lease. The Extension shall be automatic unless: (a) Tenant notifies Landlord at least 30 days prior to the expiration of the then -current term of its intent not to renew this Lease, or (b) Landlord notifies Tenant in writing of a default, and Tenant fails to timely cure that default. At the conclusion, of the original Term or Extension, if any, this Lease shall continue year to year unless either Party has given notice of termination. Notice of termination during the year to year period shall be given no later than 30 days before the expiration of the then -current Lease term. 4. Rent. The rent for the Property will be: 1) the obligation of the Tenant to install conduit from the nearby Kodiak Electric transformer which may be used by Landlord; and 2) the Tenant's annual payment of the property taxes assessed against the parcel. 5. Improvements. Tenant shall install the power conduit and any communications conduit required, and install the pole and siren, in a workmanlike manner. Any construction on the Property must be neat, presentable, and compatible with its use and surroundings. 6. Maintenance. Tenant shall keep the Property and all its improvements thereon neat and presentable. Tenant shall not strip, waste, or remove any material from the Property without the prior written permission of Landlord, which permission shall not be unreasonably withheld, conditioned ordelayed. Tsunami Siren Pole Lease Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 36 of 64 AGENDA ITEM #13.6.1. 7. Utilities. Tenant shall be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other utility used or consumed by Tenant on the Property. must be: Disposition of Improvements. (a) Within 180 days after the end of this Lease, improvements and personal property removed by Tenant if required by Landlord; or 2. with Landlord's consent, be sold to the succeeding Tenant; or 3. abandoned on the Property. (b) Landlord may grant additional time for the removal of improvements if hardship is established by Tenant. (c) At the end of this Lease, Tenant must peaceably and quietly vacate the Property and return possession to Landlord. The Property must be left in a clean, neat and presentable condition, at least as good as existed at the commencement of the Lease, normal wear and tear excepted. If Tenant causes any abnormal wear and tear or abuse of or to the Property, Tenant shall, at its expense and upon demand by Landlord, immediately eliminate such abnormal wear and tear or abuse or waste and pay for the restoration of the affected area(s) to a commercially reasonable equivalent condition to the Property' condition at the commencement of this Lease. 9. Title. Title to any improvements or other property owned by Tenant which is not disposed of as set out above shall automatically vest in Landlord. 10. Hazardous Materials. If fuel, lead, acid batteries, coolants, fire suppressants, lubricants or any other hazardous materials are placed on the Property, Tenant agrees to have properly trained personnel, equipment and procedures in place for safely handling the materials in accordance with the National Fire Protection Code and all applicable federal, state and local laws. In the event of a material spill of fuel or other hazardous materials on the Property, Tenant shall promptly notify Landlord and act promptly to contain the spill, repair any damage, absorb and clean up the spill area, and restore the Property to a condition reasonably satisfactory to Landlord. 11. Warranties. Landlord shall indemnify and defend Tenant for any breach of the following warranties: The execution of this Lease has been duly authorized by Landlord and all necessary consents have been received. To the actual knowledge of Landlord, no hazardous substances have been placed, released, or disposed on the Property. Landlord has all right, title, and interest in the Property, and to execute and to perform its obligations under this Lease. Other than the express warranties above, Landlord makes no express or implied warranties concerning the title or condition of the Property, including survey, access, or suitability for any use, including those uses authorized by this Lease. Tenant takes the Property as -is, subject to all other provisions to this Lease. 12. Liability. Tenant shall indemnify and defend Landlord from any liability, action, claim, suit, loss, property damage, or personal injury of whatever kind resulting from or arising out of any act of commission or wrongful omission by Tenant, to the extent arising from or connected with Tenant's use and occupation of the Property or its exercise of the rights and privileges granted by this Lease, except that it shall have no duty to indemnify Landlord to the extent of Landlord's own negligence, wrongful omission, or misconduct, fraud, or breach of the terms of this Lease. 13. Insurance. Tsunami Siren Pole Lease Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 37 of 64 AGENDA ITEM #13.6.1. (a) Tenant shall secure and keep in force during the term of this Lease adequate insurance to protect both Landlord and Tenant against comprehensive public liability and property damage: Property damage arising from one occurrence in the amount of not less than $1,000,000.00, and Personal injury or death in an amount of not less than $1,000,000.00 per person and $1,000,000.00 per occurrence. (b) All insurance required by this covenant must: 1. name Landlord as an additional assured; 2. provide that Landlord be notified prior to any termination or cancellation in the insurance coverage; and 3. include a waiver of subrogation by which the insurer waives all rights of subrogation against Landlord for payments made under the policy. (c) The requirement of insurance coverage does not relieve Tenant of any other obligations under this Lease. Tenant may self -insure against the risks undertaken herein. 14. Holding Over. Subject to the Extensions available to Tenant in Section 3 above, if Tenant holds over after the expiration of this Lease, the holding over will not operate as a renewal or extension of this Lease, but only creates a tenancy from month to month, regardless of any rent payments accepted by Landlord. Tenant's obligations for performance under this Lease will continue until the month-to-month tenancy is terminated by Landlord. Landlord may terminate the hold -over, month-to-month tenancy at any time by giving Tenant at least 30 days' prior written notice. 15. Sale, Assignment or Sublease. The Parties may not sell or assign this Lease without the written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Provided however, that Tenant may assign this Lease to another governmental unit without Landlord's consent, and Landlord may convey the Property, and assign the Landlord's rights under this lease, to the Pasagshak Bridge Association without Tenant's consent. 16. Condemnation. If the Property is condemned by any proper authority, the term of this Lease will end on the date Tenant is required to surrender possession of the Property. Landlord is entitled to all the condemnation proceeds. 17. Cancellation. Landlord may cancel this Lease and recover possession of the Property by giving Tenant 30 days' prior written notice, upon failure of Tenant to perform any provision or covenant in this Lease that is not cured within the 30 day notice period. If such provision or covenant is not possible to perform within such 30 day cure period, Tenant shall not be in default under this Lease if it has promptly commenced and is diligently pursuing the cure thereof. Tenant may cancel this Lease with 30 days' written notice if (a) for any reason the Property becomes unsuitable for its purposes, (b) the appointment of a trustee or receiver for the Landlord's assets in a proceeding brought by or against Landlord, or (c) the failure of Landlord to perform any provision or covenant in this Lease. If such provision or covenant is not possible to perform within such 30 day cure period, Landlord shall not be in default under this Lease if it has promptly commenced and is diligently pursing the cure thereof. The Parties may cancel this lease by mutual agreement at any time. 18. Easements. Landlord covenants and agrees that Tenant shall have access to the Property for and ingress and egress to the Property for all uses authorized or required by this Lease, including, but Tsunami Siren Pole Lease Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 38 of 64 AGENDA ITEM #13.6.1. not limited to, Tenant's right to place underground conduits or aerial feeds, fiber as needed for power and telephone or other purposes from the Property to all utility easements and rights-of-way. Landlord reserves the right to grant to third parties or reserve to itself easements or right-of-way through, on, or above the Property. No easement or right-of-way on the Property may unreasonably interfere with Tenant's use of the Property. All of Tenant's rights in this section shall be granted to Tenant without any further compensation due to Landlord. 19. Laws and Taxes. Tenant will conduct all activities authorized by this Lease in compliance with all applicable federal, state, and local laws, including but not limited to matters of health, safety, sanitation, pollution and communications. 20. Disputes. In any disputes between the Parties, the laws of the State of Alaska will govern. Any lawsuit must be brought in the courts of the State of Alaska, Third Judicial District, sitting in Kodiak. Either Party may request a mediation of any unresolved dispute. Tenant agrees to notify Landlord of any claim, demand, or lawsuit arising out of Tenant's occupation or use of the Property. Upon Landlord's request, Tenant will reasonably cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit affecting the Property. 21. Liens. Tenant shall keep the Property free of all liens, pay all costs for labor and materials arising out of any construction or improvements by Tenant on the Property, and hold Landlord harmless from liability for any liens, including costs and reasonable attorney fees related to Tenant's activities. By this provision, Landlord does not recognize that it is in any way liable for any liens on the Property. 22. No Waiver; Consents. The failure of a Party to insist upon the strict performance of any provision in this Lease may not be considered as a waiver or relinquishment of that provision for the future. The waiver of any provision or covenant in this Lease cannot be enforced or relied upon unless the waiver is in writing and executed by the Party waiving such provision. Whenever consent by one Party is required in this Agreement, the granting of such consent in any one instance will not constitute continuing consent to subsequent instances where such consent is required. 23. Validity of Parts. If any provision of this Lease is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. 24. Natural Disasters. If any cause which occurs without the fault or negligence of either Party renders the Property permanently unusable, this Lease may be terminated by either Party upon 30 days' written notice to the other, in accordance with Section 26 below. Causes include but are not restricted to acts of God or the public enemy, acts of the United States, fires, floods, epidemics, quarantine restrictions, or strikes. No Party shall be liable for any delay or failure in performance due to such events outside of the defaulting Party's reasonable control. The obligations and rights of the excused Party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. 25. Notices. Any notices to be given under this Lease by either Party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested, to the recipient at the address indicated below: Landlord: Tenant: Michael and Anita Brechan Kodiak Island Borough Attn.: Michael Powers, Borough Manager Kodiak, Alaska 99615 710 Mill Bay Road Telephone: Kodiak, Alaska 99615 E-mail: Telephone: Email: 26. Inspection. Landlord reserves the right to enter any part of the Property, including buildings, for the purpose of inspection at any reasonable time. Except in the case of an emergency, all Tsunami Siren Pole Lease Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 39 of 64 AGENDA ITEM #13.6.1. inspections will be coordinated with Tenant in advance, in order to minimize interference with Tenant's activities. 27. Quiet Enjoyment; Access. So long as Tenant is not in breach of this Lease, it shall have the right of quiet enjoyment of the Property for the Term and all Extensions thereof, regardless of any sale, transfer, assignment or foreclosure of the Property. This Lease shall be binding on each Party's successors and assigns. Under no circumstances shall Tenant and Tenant's sub -lessees be prevented or delayed from accessing its equipment during the Term and all Extensions, twenty-four hours a day, seven days a week. 28. Binding Agreement; Amendments; Counterparts. This Lease shall be binding upon each Party's heirs, representatives, executors, successors and assigns. This Lease may only be amended in writing, and such amendment shall be signed by authorized representatives of both Parties. The Parties may execute this Lease in counterparts, each of which shall be deemed an original, and both of which, collectively, taken together shall constitute one and the same Lease. Delivery of an executed counterpart by electronic transmission email or fax shall be as effective as physical delivery of an executed counterpart. [END OF SECTIONS AND TEXT] Tenant: Kodiak Island Borough By: Name: Michael Powers, Borough Manger Date: By: Name: Alise Rice, Borough Clerk Date: Landlord: The Michael and Anita Brechan Trust By: Name: Anita Brechan Date: By: Name: Michael Brechan Date: 5 Tsunami Siren Pole Lease Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 40 of 64 AGENDA ITEM #13.6.1. f2/ BZ 95 ?.p, 23g 4 y S w/2� 9S �' r �2dss� 12 15 16 0 n� t7r y r I rn r? o m W F N ` A, '0 (nm R (1 10 Ir 41 c m t i 4 • a1. <u c � 2O � •Cb �- ` M � � � i � P 00- fly •a�(j 00 O Z Li' � � � 4� a 0O 7 .00 OO o,.wt h h� Mry \ \ =tib �` �IFO °tea '�� /s /4R �L ld APO oo n gs aqf /A dD a, \ oa ao S � L' 2 LJ " / 2roA \ SAO rc o. 0.0 dC3 0 D q ,• cA\ 036' S9\ s It V, S0 ,.r�' o��pJ� to 3E B -°Q r•�s9 �4 d G+ iO �c 3 op /`SO o ' 0 62 tiA°r 'CIO 10 r \ n s EXHIBIT A PAGE 1 of 2 O Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 41 of 64 AGENDA ITEM #13.6.1. EXHIBIT A PAGE 2OF2 Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreem... Page 42 of 64 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT .;}. JUNE 17, 2021 'r ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Establishing A Parks And Recreation Service Area Including The Road Accessible Areas Of The Borough Outside Of The City Of Kodiak To Provide For Non-Areawide Parks And Recreation Facility Construction Maintenance And Operation. Ordinance No. FY2022-03 Version B - Eliminating The Parks And Recreation Committee In Chapter 2.120 And Replacing It By Adopting A New Chapter 4.150 Establishing A Non-Areawide Parks And Recreation Board To Provide Parks And Recreation Management And Budget Advice For Non-Areawide Parks And Recreation Programs And Facilities Construction, Maintenance And Operation. ORIGINATOR: Duane Dvorak RECOMMENDATION: Move to advance Ordinance No. FY2022-03 Version to public hearing at the next regular meeting of the Assembly on July 1, 2021. DISCUSSION: The attached ordinance versions are both related to a proposal to modify the existing non-areawide Parks & Recreation authority adopted by the Kodiak Island Borough, and approved by ballot measure, in 1976. The Parks & Recreation Committee was created in 1982, some six years later, and it exists as an advisory committee that submits its recommendations for recreational priorities through the Planning and Zoning Commission prior to coming before the assembly. In addition, the Parks & Recreation Committee is appointed by the mayor rather than elected to serve, such as would be the case for a service area board. While the exercise of non-areawide Parks & Recreation authority has largely been as a vehicle for pass- through grants, a certain amount of general fund money is spent each year providing staff support for the Parks & Recreation Committee. In addition, general fund money has been used for annual and seasonal grounds maintenance and playground equipment repairs. Another example would be the 2011 KIB Road System Trails Plan, which was also paid for with general fund monies. The goal of the proposal is twofold. First, taking the annual and recurring costs of Parks & Recreation activities out of the general fund budget. Secondly, creating an elected service area board that can more directly be responsive to, and representing the wishes of, service area residents. The new Parks & Recreation Service Area Board could then make recommendations to the assembly, similar to other service area boards. The borough attorney has reviewed the original ordinance draft, produced by assembly member Dvorak, and produced the two attached ordinance drafts for assembly consideration. The first alternative, which aligns most closely with Mr. Dvorak's intent, would require a ballot measure to establish a Parks & Recreation Service Area roughly encompassing the road system and eliminating the remainder of the current non-areawide jurisdiction, which is largely comprised the of the Kodiak National Wildlife Refuge. The second alternative is more straight forward and would not require a ballot measure. It would establish a non-areawide Parks & Recreation Service Area Board for the existing non-areawide jurisdiction encompassed by the 1976 ballot measure approved by voters. Kodiak Island Borough Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 43 of 64 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT JUNE 17, 2021 r ASSEMBLY REGULAR MEETING r4 Version A is a bit more complicated and might be difficult to explain to voters. The benefit would be to eliminate most remote properties and inholdings of the refuge, which are unlikely to benefit from road system recreation facilities, from paying a service area tax levy. The "Road System" would be generally east of a line from the head of Sharatine Bay to the head of Hidden Basin. Version B would simply create a Parks & Recreation Service Area Board to address the existing non- areawide jurisdiction as originally adopted in 1976. It would allow every resident outside of the incorporated communities to vote for or run for service area board seats, similar to the manner in which other service area boards operate. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 44 of 64 2 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #13.C.1. Introduced by: Assembly Member Dvorak thru the Mayor Drafted by: Borough Attorney Introduced on: 06/17/2021 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-03 VERSION A AN ORDINANCE INITIATING A BALLOT MEASURE FOR THE OCTOBER 5, 2021 REGULAR MUNICIPAL ELECTION, ESTABLISHING A PARKS AND RECREATION SERVICE AREA INCLUDING THE ROAD ACCESSIBLE AREAS OF THE BOROUGH OUTSIDE OF THE CITY OF KODIAK TO PROVIDE FOR NON-AREAWIDE PARKS AND RECREATION FACILITY CONSTRUCTION MAINTENANCE AND OPERATION. WHEREAS, the Kodiak Island Borough, a Second -Class Borough under Title 29, Alaska Statutes, adopted Non-Areawide Parks & Recreation authority in 1976; and, WHEREAS, the Kodiak Island Borough also established a Parks & Recreation Committee in 1982 in order to; A. Identify existing and future recreation demands including indoor and outdoor recreation; B. Evaluate existing and future recreation needs; C. Generate priorities and action plans including a capital improvement program for parks and recreation; and, D. Review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan; and, WHEREAS, the current parks and recreation committee is a committee subject to regular three year sunset provisions in KIBC 2.100.180 which provides planning recommendations to the Planning Commission, but the Kodiak Island Borough currently has no parks and recreation services board to provide recommendations to the Assembly under the Borough's non-areawide parks and recreation powers for a program of parks and recreation activities or facilities, and advice regarding levy of taxes or fees to generate funds for any budgeted local parks and recreation expenditures; and WHEREAS, the Kodiak Island Borough has used its existing non-areawide parks and recreation authority under Title 29, Alaska Statutes, to obtain grants, hold state land leases, and enter into collaborative agreements with the Borough School District and City of Kodiak to maintain local neighborhood parks and ballfields used by persons residing both inside and outside of the City of Kodiak, but has not levied taxes on a non-areawide basis to support providing parks and recreation facilities or services or otherwise engaged in the construction, maintenance or operation of non-areawide parks and recreational facilities; and, WHEREAS, the Assembly finds that the levying of taxes to support construction, maintenance and operation of parks and recreation facilities or services funded by local Borough tax levies is a level of parks and recreational services which is higher than that generally provided on a non- areawide basis, and, consistent with AS 29.35.450(a), it is therefore appropriate for exercise within a service area comprised of that part of the non-areawide portion of the Borough which is accessible by the centralized road system; and WHEREAS, if residents in the area proposed for service area formation, those residing on the Kodiak Island Borough "Road System", desire to fully exercise parks & recreation authority involving the expenditure of local revenue, the voters must consider whether that service is worth Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version A Page 1 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 45 of 64 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 AGENDA ITEM #13.C.1. establishing a Parks & Recreation Service Area, and small tax increment in the same manner as, road, fire, and lighting district services are administered; and, WHEREAS, KIBC Section 4.05.040 authorizes the Assembly to initiate establishment of a service area by ordinance which is ratified by the requisite number of voters. KIBC Section 4.05.050 lists issues upon which the Assembly must make findings in connection with establishment of a service area; and, WHEREAS, the Assembly finds that there is a need for parks and recreation facilities and services within the road accessible portion of the Borough outside of the City of Kodiak using locally generated funds where needed, and that it is feasible to provide those services through a service area considering the size, population, and the facilities and services already existing within the proposed service area; and WHEREAS, the Assembly finds that the adoption of a parks and recreation service area for a higher level of service which includes construction, maintenance and operation of parks and recreation facilities or services funded by local Borough tax levies which is separate from the current exercise of borough non-areawide parks and recreation powers would not interfere with the existing cooperative agreements for exercise of non-areawide parks and recreational powers without the use of local tax revenues; and WHEREAS, the Assembly finds that the estimated assessed value of property within the boundaries of the area proposed for inclusion in the Parks and Recreation service area is approximately $ , which is sufficient assessed value of property to pay for the contemplated parks and recreational services; and WHEREAS, the Assembly finds that the road accessible areas outside of the City of Kodiak demonstrate a cohesiveness in terms of access to recreational opportunities; and WHEREAS, if the proposition set out in this ordinance is approved by majority vote of the applicable voters at the October 5, 2021 regular municipal election, the Borough establish a parks and recreational service area to construct, maintain and operate of parks and recreation facilities or services using local funds where needed; and WHEREAS, if approved, a Parks & Recreation Service Area Fund would then be created to provide for the management of borough recreation facilities and services in the service area separate from the borough's general fund and give the affected voters more direct influence directly to the Parks & Recreation Service Area Board on matters of recreation facilities, service levels, and the related tax increment required to sustain said facilities and services. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Sections 2 and 3 of this ordinance are of general application and shall be codified if the proposition in Section 4 is approved. The remainder of this ordinance is not of general application and shall not be codified. Section 2: That the Kodiak Island Borough Code is hereby amended by deleting Chapter 2.120, entitled "Parks and Recreation Committee". This Chapter currently reads as follows: Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version A Page 2 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 46 of 64 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Kodiak Island Borough, Alaska AGENDA ITEM #13.C.1. Ordinance No. FY2021-03 Version A Page 3 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 47 of 64 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 AGENDA ITEM #13.C.1. Section 3: That the Kodiak Island Borough Code is hereby amended by adding a new Chapter 4.150, entitled "Parks and Recreation Service Area" to read as follows: 4.150 Parks and Recreation Service Area 4.150.010 Creation and Powers The Parks and Recreation service area established pursuant to Ordinance No. 2021 -XX encompasses the area described in that ordinance. The power to construct, maintain and operate of parks and recreation facilities or services using local funds where needed shall be exercised within the Parks and Recreation Service area. 4.150.020 Board A. The Parks and Recreation service area board shall consist of five members which shall function as provided in Chapter 4.15 of the Kodiak Island Borough Code. B. I addition to the voting members, the Board shall include One assembly member, one planning and zoning commissioner, the city parks and recreation director, the state park ranger, and a school representative who shall be nonvoting ex officio members of the committee and may participate in all discussions, but who are not counted for purposes of a quorum. Ex officio members shall be appointed by the Mayor subject to confirmation by the Assembly and shall serve two year terms. Section 4: An election is to be held on October 5, 2021 in the Kodiak Island Borough and the following proposition shall be submitted to the qualified voters residing within the boundaries of the proposed Parks and Recreation service area for approval or rejection. A simple majority of those electors qualified and voting in favor of the proposition shall be required for approval. Proposition No. 1 Shall the Kodiak Island Borough establish a Parks & Recreation service Area for the exercise of the power to construct, maintain and operate of parks and recreation facilities or services within the service area boundaries using local funds where needed as provided for in Ordinance 2021 -XX with the boundaries encompassing the Contiguous "Road System" area which lies outside of the City of Kodiak? Kodiak Island Borough, Alaska Q YES Q NO Ordinance No. FY2021-03 Version A Page 4 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 48 of 64 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 AGENDA ITEM #13.C.1. Section 5: Effective date. Section 4 shall be effective immediately upon adoption. Sections 2 and 3 shall become effective upon certification of the results of the October 5, 2021 election but only if the proposition in Section 4 receives approval of a majority of the voters of the Kodiak Island Borough voting on the proposition. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Alise L. Rice, Borough Clerk Ordinance No. FY2021-03 Version A Page 5 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 49 of 64 193 AGENDA ITEM #13.C.1. Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version A Page 6 of 6 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 50 of 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #13.C.1. Introduced by: Assembly Member Dvorak thru the Mayor Drafted by: Borough Attorney Introduced on: 06/17/2021 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-03 VERSION B AN ORDINANCE ELIMINATING THE PARKS AND RECREATION COMMITTEE IN CHAPTER 2.120 AND REPLACING IT BY ADOPTING A NEW CHAPTER 4.150 ESTABLISHING A NOW AREAWIDE PARKS AND RECREATION BOARD TO PROVIDE PARKS AND RECREATION MANAGEMENT AND BUDGET ADVICE FOR NON-AREAWIDE PARKS AND RECREATION PROGRAMS AND FACILITIES CONSTRUCTION, MAINTENANCE AND OPERATION WHEREAS, the Kodiak Island Borough, a Second -Class Borough under Title 29, Alaska Statutes, adopted Non-Areawide Parks & Recreation authority in 1976; and, WHEREAS, the Kodiak Island Borough also established a Parks & Recreation Committee in 1982 in order to; A. Identify existing and future recreation demands including indoor and outdoor recreation; B. Evaluate existing and future recreation needs; C. Generate priorities and action plans including a capital improvement program for parks and recreation; and, D. Review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan; and, WHEREAS, the Kodiak Island Borough has used its existing non-areawide parks and recreation authority under Title 29, Alaska Statutes, to obtain grants, hold state land leases, and enter into collaborative agreements with the Borough School District and City of Kodiak to maintain local neighborhood parks and ballfields used by persons residing both inside and outside of the City of Kodiak, but has not levied taxes on a non-areawide basis to support providing parks and recreation facilities or services or otherwise engaged in the construction, maintenance or operation of non-areawide parks and recreational facilities; and, WHEREAS, the current parks and recreation committee is a committee subject to regular three year sunset provisions in KIBC 2.100.180 which provides planning recommendations to the Planning Commission, but the Kodiak Island Borough currently has no parks and recreation services board to provide recommendations to the Assembly under the Borough's non-areawide parks and recreation powers for a program of parks and recreation activities or facilities, and advice regarding levy of taxes or fees to generate funds for any budgeted local parks and recreation expenditures; and WHEREAS, and Assembly finds that input by a board in a manner similar to operation of service area boards should be used prior to the levying of non-areawide taxes or fees for parks and recreation facilities or services funded by local Borough funds; and WHEREAS, the Assembly finds that a Non-areawide Parks & Recreation Fund should be created to provide for the management of borough recreation facilities and services in the non- areawide portion of the borough. Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version B Page 1 of 4 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 51 of 64 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 AGENDA ITEM #13.C.1. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of general application and shall be codified. Section 2: That the Kodiak Island Borough Code is hereby amended by deleting Chapter 2.120, entitled "Parks and Recreation Committee". This Chapter currently reads as follows: Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version B Page 2 of 4 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 52 of 64 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 AGENDA ITEM #13.C.1. Section 3: That the Kodiak Island Borough Code is hereby amended by adding a new Chapter 4.150, entitled "Non-areawide Parks and Recreation Powers" to read as follows: 4.150 Non-areawide Parks and Recreation Powers 4.150.010 Adoption and Exercise of Powers The voters approved the adoption of non-areawide borough parks and recreation powers in 1976. The exercise of non-areawide parks and recreation powers shall operate in the same manner as for a service area as provided for in Chapter 4.20 of this Title. 4.150.020 Board A. The Non-areawide Parks and Recreation Board shall consist of five members and shall function in the same manner as provided for service area boards in Chapter 4.15 of this Title. The Non-areawide Parks and Recreation Board shall perform those functions and duties performed by a service area board under Chapter 4.20 of this Title. B. In addition to the voting members, the Board shall include the following ex officio members: one assembly member, one planning and zoning commissioner, the city parks and recreation director, a representative of the state park ranger, and a school representative who shall be nonvoting members of the committee and may participate in all discussions, but who are not counted for purposes of a quorum. Ex officio members shall be appointed by the Mayor subject to confirmation by the Assembly and shall serve two year terms. Section 4: Effective date. This ordinance shall be effective as provided in KIBC 1.10.040. Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version B Page 3 of 4 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 53 of 64 AGENDA ITEM #13.C.1. 121 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 122 THIS DAY OF 2021. 123 124 KODIAK ISLAND BOROUGH 125 ATTEST: 126 127 128 William Roberts, Mayor 129 Alise L. Rice, Borough Clerk 130 131 VOTES: 132 Ayes: 133 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2021-03 Version B Page 4 of 4 Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The ... Page 54 of 64 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT .;}. JUNE 17, 2021 'r ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Which, If Passed By The Voters, Would Amend The Kodiak Island Borough Code To Provide For An Area Wide Authority To Fund Post -Secondary Education Programs Provided By Kodiak College As Part Of The University Of Alaska System Located Within The Kodiak Island Borough, Subject To A One -Tenth Of A Mill Tax Levy Limit. ORIGINATOR: Duane Dvorak RECOMMENDATION: Move to advance Ordinance No. FY2022-04 to public hearing at the next regular meeting of the Assembly on July 1, 2021. DISCUSSION: The attached ordinance draft is co-sponsored by assembly members Dvorak and Turner. This is an alternative approach determining local funding for Kodiak College. This ordinance is based on the post -secondary funding approach taken by the Kenai Peninsula Borough. The ordinance proposes to put a ballot measure before the voters of Kodiak that, if ratified, would designate a 1/10 mil of financial support towards post -secondary education in Kodiak. Utilizing this approach, the Kenai Peninsula Borough provided more than $12,000,000 to the University of Alaska between 1992 and 2018 — an average of roughly $430,000 per year. Every year the assembly listens to public testimony in support of post -secondary education. The results have been inconsistent and largely affected by last-minute, short-term considerations. Presenting this matter to the voters may result in reduced assembly time and effort each budget cycle. Likewise, post -secondary education services would be enhanced through the assurance of minimum level funding each year. The purpose of this ballot measure is to determine the appropriate process and level of support for post- secondary education. It is not intended to be a referendum on the merits of post -secondary education. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2... Page 55 of 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #13.C.2. Introduced by: Assembly Members Dvorak and Turner thru the Mayor Drafted by: Assembly Member Dvorak Introduced on: 06/17/2021 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2022-04 AN ORDINANCE INITIATING A BALLOT MEASURE FOR THE OCTOBER 5, 2021 REGULAR MUNICIPAL ELECTION, WHICH, IF PASSED BY THE VOTERS, WOULD AMEND THE KODIAK ISLAND BOROUGH CODE TO PROVIDE FOR AN AREA WIDE AUTHORITY TO FUND POST -SECONDARY EDUCATION PROGRAMS PROVIDED BY KODIAK COLLEGE AS PART OF THE UNIVERSITY OF ALASKA SYSTEM LOCATED WITHIN THE KODIAK ISLAND BOROUGH, SUBJECT TO A ONE-TENTH OF A MILL TAX LEVY LIMIT. WHEREAS, the Kodiak College campus of the University of Alaska provides post -secondary education opportunities to the residents of the Kodiak Island Borough; and, WHEREAS, these post -secondary education programs are of significant benefit to the residents and businesses of the Kodiak Island Borough; and, WHEREAS, Kodiak College campus was originally created in conjunction with the Kodiak Island Boroughs responsibility to provide for elementary and post -secondary education within the borough, in part through the donation of land upon which the current Kodiak College campus now sits; and, WHEREAS, in order to maintain some assurance of continued post -secondary education programs provided at the Kodiak College campus, which are of benefit to the residents and businesses of the borough, borough funding assistance, subject to approval by the voters, would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of general application and shall not be codified. Section 2: An election is to be held on October 5, 2021 in the Kodiak Island Borough and the following proposition shall be submitted to the qualified voters for approval or rejection. A simple majority of those electors qualified and voting in favor of the proposition shall be required for approval. Proposition No. 1 Shall The Kodiak Island Borough Amend Its Code Of Ordinances To Establish An Areawide Authority To Provide Funds To Kodiak College, As Part Of The University Of Alaska System, To Use In Providing Post -Secondary Education Programs And Operations Within The Kodiak Island Borough Boundaries, Subject To A Limitation That Total Annual Kodiak Island Borough, Alaska Ordinance No. FY2022-04 Page 1 of 3 Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2... Page 56 of 64 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 AGENDA ITEM #13.C.2. Funding May Not Exceed The Amount That Would Be Raised By The Equivalent Of An Areawide Tax Levy Of One -Tenth (0.1) Of A Mill. • YES • NO Section 3: The following code sections shall be codified and become effective upon voter ratification of the proposition allowing the borough to provide funding to Kodiak College: KI BC 3.10.XXX Post -Secondary Education Special Revenue Fund A. Authority to provide postsecondary education funding. The borough may provide, on an areawide basis, funding to Kodiak College as part of the University of Alaska system, to use in providing post -secondary education programs and operations within the borough, in accordance with the provisions of this chapter. B. Limitation of funding. Funding provided under this chapter will be subject to annual appropriation and authorization by the assembly. The total of all funding may not exceed the amount which would be generated by an areawide tax levy of 0.1 mills. C. Funding restricted to operations. 1. No funds provided by the borough to institutions under this chapter may be used for capital improvements, or construction of facilities. Funds may only be used for instruction and the operations of facilities used to provide curriculum or programs offered within the borough. 2. No money may be utilized for the provision of programs outside the borough; this restriction includes general administrative expenses or overhead costs involved in providing programs within the borough, unless the assembly has consented by resolution to such expenses or costs being utilized in connection with a particular program. D. Grant application. In order to be eligible for receipt of funding under this chapter, Kodiak College must submit a grant application in writing to the manager no later than February 15, of each year for consideration in the next fiscal year budget. The application shall specify the amount sought and describe the proposed use of the funds. E. Agreement by institution. Kodiak College must sign an agreement that its use of the funds will be in accordance with the the provisions of this ordinance and that it will be responsible to refund any monies used for purposes not authorized by this ordinance. It must also agree to provide an accounting for the funds received and provide certification by its auditors that the funds were used in compliance with this ordinance. F. Unused/unrequested funds, fund balance. At the conclusion of the fiscal year for which funds may be appropriated, if there are unutilized or unrequested funds in the Post -secondary Education Special Revenue Fund, such funds shall carry over as fund balance which shall be capped at a maximum amount not to exceed Five - Tenths (0.5) of a mill at the time the tax levy is calculated for the subsequent fiscal year calculation. Kodiak Island Borough, Alaska Ordinance No. FY2022-04 Page 2 of 3 Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2... Page 57 of 64 AGENDA ITEM #13.C.2. 97 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 98 THIS DAY OF , 2021. 99 100 KODIAK ISLAND BOROUGH 101 ATTEST: 102 103 104 William Roberts, Mayor 105 Alise L. Rice, Borough Clerk 106 107 VOTES: 108 Ayes: 109 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2022-04 Page 3 of 3 Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2... Page 58 of 64 AGENDA ITEM #13.D.1. 2.30.100(F) Miscellaneous (Travel) 1. Assembly members while traveling overnight on official business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough. 2. Travel shall be at the most economical fare possible. 3. Travel requests to the clerk shall be submitted timely to avoid unnecessary staff overtime. 4. Once travel arrangements are accepted and confirmed by the assembly member, and tickets are purchased, any changes and additional fees shall be the assembly member's responsibility except: a. When travel arrangements are changed for borough business; or b. When travel arrangements are changed for a family -related emergency. i. Interim financial assistance may be provided by the borough; however, reimbursement of the assistance shall be subject to assembly approval. c. If travel arrangements are changed for personal reasons, other than a family -related emergency, additional fees shall not be reimbursed. 5. An assembly member traveling on borough business who is stranded from Kodiak due to inclement weather or other adverse conditions will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred. a. If an assembly member shortens or extends their originally scheduled travel time in any way for borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to assembly approval. b. If an assembly member shortens or extends their originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed. 6. For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the assembly member shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. [Ord. FY2018-18 §3, 2018; Assembly Travel Page 59 of 64 AGENDA ITEM #18.B.1. 1 Kodiak Island Borough ;i n4 ✓} Engineering & Facilities Department PAO Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, Engineering and Facilities Director RE: Monthly Projects Report for Period Ending May 31, 2021 BOROUGH BUILDING BOILER ROOM UPGRADES Project Description: This project is for replacement of the boilers at the Borough Building, including abatement of pipe insulation and gaskets as required. The boilers are over 50 years old and well past their useful life. The project scope includes replacing the generator for the Borough Building as well as replacing the boilers for the adjacent maintenance building. Current Status: In March 2020, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW and RSA Engineers completed 35% design documents and in December 2020, staff provided a presentation to the Assembly on the design and potential construction cost. In February 2021, the Assembly approved a change order for JYW/RSA to complete design and bid documents, and a 95% design submittal was reviewed and approved by the Architectural/Engineering Review on March 15, 2021. The project was put out to bid on April 1, 2021 and bids were due and opened on April 27, 2021. At the meeting on May 6, 2021, the Assembly voted to reject all bids. Staff will now work on rebidding the project in fall 2021 with construction planned for summer 2022. Change Orders this Period: None. 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. Current Status: In October 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW provided 65% design documents in late September 2020 which were reviewed and approved bythe Architectural/Engineering Review Board on December 7, 2020. An updated cost estimate was completed based on the 65% design, and staff requested JYW provide a proposal to complete design of the project. On April 15, 2021, the Assembly reviewed and approved the cost estimate and design proposal. JYW is working on 95% design documents that are scheduled to be complete by the end of summer 2021. Change Orders this Period: None. Projects Report — May 2021 Page 1 Page 60 of 64 AGENDA ITEM #18.6.1. LONG TERM CARE CENTER FUEL PIPE REPLACEMENT Project Description: This project is for the replacement of the exterior fuel lines at the Long Term Care Center. One of the fuel lines experienced a leak in 2019 causing fuel to enter the storm drain system. In an effort to avoid future leaks and reconfigure the piping to simplify maintenance, the fuel piping will be replaced. As part of the work a propane tank for the boiler burners will be relocated to meet current codes for separation from the fuel tank. Current Status: The design process to replace the fuel lines began in October 2020. RSA Engineering provided 95% documents that were reviewed and approved by the Architectural/Engineering Review Board in January 2021. Comments from the ARB meeting were incorporated into final bid documents, and the project was issued for bid on March 2, 2021. Bids were due on March 23, 2021, and three bids were received. Premier Mechanical LLC of Kodiak was the low bidder, and the Assembly approved a contract with Premier Mechanical on April 15, 2021. The work is scheduled to be complete by June 30, 2021. Change Orders this Period: None. NORTH STAR ELEMENTARY SIDING REPLACEMENT Project Description: This project is for the replacement of the existing cement board siding at North Star Elementary. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. Phase I for the gym has been completed. Phase II includes replacement of the siding and windows around the rest of the school. Current Status: On September 3, 2020, the Assembly approved a change order for JYW to proceed with design of Phase II. A 65% design submittal was completed in November 2020 and reviewed and approved by the Architectural/Engineering Review Board (ARB) on December 7, 2020. ARB discussion focused on phasing the project to ensure there is sufficient funds to complete window replacement wherever siding is replaced. JYW has made some revisions to the design documents and an updated cost estimate indicates there is sufficient funding to complete siding and window replacement for the whole school. JYW is working on 95% design documents that are scheduled to be complete by the end of summer 2021. Change Orders this Period: None. PETERSON ELEMENTARY ROOF REPLACEMENT Project Description: This project is for replacement of the roof at Peterson Elementary School. The school has sections of roof that are between 20 and 30 years old, and have reached their expected service life. There have been persistent leak problems for years as the roofing system continues to deteriorate. Current Status: On April 15, 2021, the Assembly approved a change order for Jensen Yorba Wall (JYW) to provide a 35% design and cost estimate for replacing the roof. These preliminary design documents will provide a clearer idea of potential replacement cost, as well as getting closer to a "shovel ready" project which increases the chances of securing State or Federal funding to complete construction. The current schedule is to complete the 35% design during summer 2021. Change Orders this Period: None. Projects Report — May 2021 Page 2 Page 61 of 64 AGENDA ITEM #18.6.1. 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. Current Status: The design process for this project started in September 2019 with a geotechnical investigation to determine subsurface soil conditions behind the existing wall. Jensen Yorba Wall (JYW) and PND Engineers (PND) provided 65% and 95% design submittals that were reviewed and approved by the Architectural/Engineering Review Board (ARB). JYW and PND incorporated ARB comments into 100% bid documents, and the project was put out to bid on March 9, 2021. Bids were due and opened on April 6, 2021, and on April 15, 2021, the Assembly approved a contract for Jay Brant General Contractors. Jay Brant started mobilization on May 10, 2021, and constriction activates began on May 17, 2021. As of May 31, 2021, the entire wall had been pressure washed and approximately 50% had been chipped of loose concrete. Construction is scheduled to be complete by the end of September 2021. Change Orders this Period: None. Temporary Fencing SALOME CREEK CULVERT REPLACEMENT Pressure Washing Removed Landscaping Project Description: The scope of this project is replacement of culverts along the road leading to Salonie Creek Rifle Range in order to aid fish passage. One of the culverts was installed in 2019 by the Kodiak Island Sportsman's Association but needs to be replaced as it currently violates Alaska Department of Fish and Game requirements. There are five other culverts in various states of disrepair that should be replaced as well. Current Status: In March 2020 the Assembly approved a contract with Inter-Fluve, Inc. for design to replace the culverts. Inter-Fluve worked with Willman Land Surveying to survey each culvert location and complete design to replace the culvert currently in violation. Design for the other culverts will be completed in the future. KIB staff has submitted permit applications to the Alaska Department of Fish and Game and Department of Natural Resources. Assuming those permits are approved the project will be put out for bid in July 2021 with construction planned for October 2021. Change Orders this Period: None. Projects Report — May 2021 Page 3 Page 62 of 64 Kodiak Island Borough Project Budget Status - Period Ending May 31, 2021 Budget and Adjustments I Current Budget Status Borough Building Boiler Room Upgrades - 20005 Kodiak Fisheries Research Center Exterior Upgrade - 20004 Original Budget Ord 2020-01C Ord 2020-01H Current Budget Expenses Obligated Remaining Design $ 40,000 $ 40,000 $ 75,000 $ 155,000 $ 106,836 $ 45,625 $ 2,539 Admin $ 10,000 $ 10,000 $ - $ 20,000 $ 11,978 $ - $ 8,022 TOTAL $ 50,000 $ 50,000 $ 75,000 $ 175,000 $ 118,814 $ 45,625 $ 10,561 Funding: Fund 469 - Renewal & Replacement ($50,000) and Fund 220 - Buildings and Grounds ($125,000) $ 8,049 $ Kodiak Fisheries Research Center Exterior Upgrade - 20004 Long Term Care Exterior Fuel Line Replacement - 21007 Original Budget Original Budget Ord 2020-01H Current Budget Expenses Obligated Remaining Design $ 80,000 $ 50,000 $ 130,000 $ 49,839 $ 77,058 $ 3,103 Admin $ 20,000 $ - $ 20,000 $ 7,875 $ - $ 12,125 TOTAL $ 100,000 $ 50,000 $ 150,000 $ 57,714 $ 77,058 $ 15,228 Funding: Fund 555 - KFRC $ 42,875 $ 7,125 Admin $ 15,000 Long Term Care Exterior Fuel Line Replacement - 21007 Original Budget Current Budget Current Budget Design $ 20,000 Expenses 2,185 $ 15,115 $ 2,700 Obligated Remaining Design $ 15,000 $ 15,000 $ 12,534 $ - $ 2,466 Construction $ 50,000 $ 50,000 $ - $ 42,875 $ 7,125 Admin $ 15,000 $ 15,000 $ 8,049 $ - $ 6,951 Contingency $ 5,000 $ 5,000 $ - $ - $ 5,000 TOTAL $ 85,000 I I I 1$ 85,000 1$ $ 20,583 1$ 42,875 1$ 21,541 Funding: Fund 540 - Hospital $ 21,828 $ 40,000 $ 61,828 $ North Star Elementary Siding Replacement - 20008 (Q Peterson Elementary Roof Replacement - 21008 Original Budget Current Budget Original Budget Design $ 20,000 Ord 2021-01H 2,185 $ 15,115 $ 2,700 Current Budget $ 5,000 $ Expenses TAL $ 25,000 Obligated Remaining Design $ 26,193 $ 70,000 $ 96,193 $ 51,733 $ 45,489 $ (1,029) Construction $ 436,556 $ 717,467 $ 1,154,023 $ 244,979 $ - $ 909,044 Admin $ 17,462 $ 40,000 $ 57,462 $ 36,534 $ $ 20,928 Contingency $ 21,828 $ 40,000 $ 61,828 $ - $ $ 61,828 TOTAL $ 502,039 1 $ 867,467 1 $ 1,369,506 1$ 333,246 1$ 45,489 1$ 990,771 Funding: KIBSD ($502,039) & Fund 470 - School R&R Bond Projects ($867,467) (Q Peterson Elementary Roof Replacement - 21008 Original Budget Current Budget Expenses Obligated Remaining Design $ 20,000 $ 20,000 $ 2,185 $ 15,115 $ 2,700 (min $ 5,000 $ 5,000 $ - $ - $ 5,000 TAL $ 25,000 $ 25,000 $ 2,185 $ 15,115 $ 7,700 Funding: Fund 220 - Buildings and Grounds Project Budget Status Page 1 of 2 Kodiak Island Borough Project Budget Status - Period Ending May 31, 2021 Budget and Adjustments I Current Budget Status Providence Kodiak Island Medical Center Retaining Wall - 20003 Salonie Creek Culvert Replacement - 20009 Original Budget Original Budget Ord 2021-01E Obligated Remaining Ord 2021-01H $ 85,000 $ Current Budget 36,109 $ 9,698 Expenses $ 15,000 $ Obligated - $ 13,654 Remaining Design $ 125,000 $ 85,000 $ 10,000 $ 220,000 $ 162,622 $ 46,421 $ 10,957 Construction $ - $ $ 2,500,000 $ 2,500,000 $ - $ 2,335,375 $ 164,625 Admin $ 25,000 $ $ 10,000 $ 35,000 $ 32,720 $ - $ 2,280 Contingency $ - $ 80,000 $ 80,000 $ 80,000 TOTAL $ 150,000 1$ 85,000 1 $ 2,600,000 1 1 $ 2,835,000 1$ 195,341 1 $ 2,381,796 1 $ 257,862 Funding: Fund 540 - Hospital Salonie Creek Culvert Replacement - 20009 Original Budget Current Budget Expenses Obligated Remaining Design $ 85,000 $ 85,000 $ 39,193 $ 36,109 $ 9,698 Admin $ 15,000 $ 15,000 $ 1,346 $ - $ 13,654 TOTAL $ 100,000 $ 100,000 $ 40,539 $ 36,109 $ 23,352 Funding: Fund 210 - Land Sales Project Budget Status Page 2 of 2 W c W o 2 fR Q J J a U J J O w J m a) 2 c LU cn C 0 0-1CD 2 O O m r. 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Z Q 2 0 to ' `\ , * W / // I U O F a) 3 O _ N I► EnY ; m Z E 0 > ; w O a) mJ L.. a' V. O V. Q > ❑ Y fn U)H Z 0 Q C O } W m U) �: N i N r2 Z 0 H aai x m N i Q J 20 O > ° C m E Lu Y L 7� cn c N N //�� J T /" o _ G / a7 O E m > (D o U d 1 Q ❑ ,� f- OF >, m N Cl) N o• d 0 N m a v It N d '5 C a O � N d C a� Cr N o ao t0 > E V O. 0 N W CD -C) c a > c c W N X a m m aw O C0 0 0 Ln .E vi c 0 E O O c c � a� g N � N a ayr m Z'm � oa E 6E= 0 > N O Cl) N > 04 L_ _ O O c 'm a C E E O n •O O a o oo 'o O N N 2Of2i Q KODIAK ISLAND BOROUGH Meeting Type: 4.5SC'rh blij &"ate: Please PRINT your name legibly Please PRINT Your name legibly er 7rq�. s J AV-�1� 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. FY2021, No. 30 June 23, 2021 At Its Regular Meeting Of June 17, 2021, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On July 1, 2021, At 6:30 p.m. In The Bayside Fire Hall. PRESENTED Recognition Of Fire Prevention Month. PRESENTED Recognition Of Invasive Species Awareness Week. RECEIVED Redistricting Presentation From Peter Torkelson, Executive Director, Alaska Redistricting Board. APPROVED Resolution No. FY2022-03 Creating And Approving A Long Term Lease Agreement With Michael C. And Anita S. Brechan For Property Identification Number 19195 – Pasagshak 2nd TR J 41832 Furin Way For The Placement Of A Tsunami Siren. ADVANCED Ordinance No. FY2022-03 Version A - Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Establishing A Parks And Recreation Service Area Including The Road Accessible Areas Of The Borough Outside Of The City Of Kodiak To Provide For Non-Areawide Parks And Recreation Facility Construction Maintenance And Operation To Public Hearing At The Next Regular Meeting Of The Assembly On July 1, 2021. ADVANCED Ordinance No. FY2022-04 Initiating A Ballot Measure For The October 5, 2021 Regular Municipal Election, Which, If Passed By The Voters, Would Amend The Kodiak Island Borough Code To Provide For An Area Wide Authority To Fund Post-Secondary Education Programs Provided By Kodiak College As Part Of The University Of Alaska System Located Within The Kodiak Island Borough, Subject To A One-Tenth Of A Mill Tax Levy Limit To Public Hearing At The Next Regular Meeting Of The Assembly On July 1, 2021. FAILED TO APPROVE Assembly Member Arndt’s Travel To The 2021 Alaska Municipal League Summer Legislative Conference. CONVENED Into Executive Session Under The Authority Of KIBC. 2.30.030 (F)(1)(C) To Discuss The Borough Clerk, Evaluation, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Individual. INVITED The Mayor And Assembly. ANNOUNCED That No Action Was Taken As A Result Of The Executive Session And That Assembly Member Arndt Was Authorized To Share The Results Of The Evaluation With The Borough Clerk On Monday, June 21, 2021.