09/15/2022 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
September 15, 2022
A regular meeting of the Kodiak Island Borough Assembly was held on September 15, 2022, in
the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present
were Interim Borough Manager David Conrad, Borough Clerk Nova Javier, and Assistant Clerk
Kristle Blanco.
1. INVOCATION
The invocation was given by Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Mayor William Roberts, Assembly members Scott Arndt, Jared Griffin,
Scott Smiley, James Turner, and Aimee Williams.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda and the consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. "APPROVAL OF MINUTES (Approved under consent agenda)
1. Regular Meeting Minutes Of September 1, 2022
7. CITIZENS' COMMENTS
The following spoke under citizen's comments.
• Alexus Kwachka
• Julie Kavanaugh
8. AWARDS AND PRESENTATIONS
A. Proclamation Declaring September 25 through October 1, 2022, As Childhood
Cancer Awareness Week
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9. COMMITTEE REPORTS
Assembly Member Arndt attended the Cook Inlet Regional Citizens Advisory
Council meeting and listened to a presentation from Hill Corp, Marathon Oil,
ADEC, and the United States Coast Guard. He enjoyed meeting everyone and
his attendance was a great learning experience.
10. PUBLIC HEARING
A. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of
Ownership From Bernie's To Bernie's Bar, LLC DBA Bernie's Bar LLC #4346
ARNDT move to voice non -protest to the State of Alaska Alcohol and Marijuana
Control Office for a liquor license transfer of ownership FROM Bernie's TO Bernie's
Bar, LLC dba Bernie's Bar LLC located at 320 Center Street for License No. 4346.
The application is for a liquor license regular transfer of ownership for License No.
4346 beverage dispensary located at 320 Center Street Kodiak, AK. currently known
as Bernie's.
Transferor: Transferee Information:
Bernie V. Ballao Bernie's Bar, LLC
The Clerk's office followed the procedure stated in KIBC 5.01.030 which includes
mailing of public hearing notices to 160 landowners within 1,500 of the location. Aside
from the Kodiak KPD response that there were10 trouble reports in the location,
based on the Clerk's Office investigation, there is no borough interest which can be
protected by protesting the approval of the transfer.
Mayor Roberts closed the regular meeting and opened the public hearing.
Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened
the regular meeting.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY:
Arndt, Griffin, Smiley, Turner, and Williams.
11. BOROUGH MANAGER'S REPORT
Interim Borough Manager David Conrad reported on the following:
Regarding the Manager recruitment, Meagan has spoken with applicant Doom, she will
come to Kodiak on her way home from the trip she mentioned in interview #1 (directly
from her stop in LA to Kodiak), she is looking into flight schedules to determine the
earliest that she can comfortably arrive in Kodiak and will coordinate with Meagan on
the details as the information becomes available. We will keep you apprised of Ms.
Dooms schedule.
He recommends the Assembly may want to consider what questions they would like to
ask of the interviewees for the second interview. The questions for this round of
interviews do not need to be the same for each applicant but can be specific to the
applicant's experience, qualifications, and personality. If the Assembly wishes, Meagan
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September 15, 2022 Page 2 of 11
can provide the questions asked in previous Manager recruitments and/or sample
questions from other organizations.
He has requested consideration for the temporary appointment of Jena Hassinger to
the position of Administrative Official. Resolution No. FY2023-13 will be before the
assembly on October 6, 2022, to comply with the KIBC 1.10.030.
Lobbyist Mark Hickey will be here on September 29 to discuss the following:
• Status of State's fiscal situation.
• Expectations for 33rd Alaska State Legislature.
• Outlook for FY 2024 budgets (potential challenges/threats).
• Status of Tustumena Vessel Replacement Project and other pertinent
AMHS issues.
Status of Kodiak Island Borough Transportation Projects and latest on the
department's Community Transportation Program.
As announced last meeting the Sargent Creek Bridge Replacement Project was
identified for funding associated with the State Transportation Improvement Program
(STIP). A meeting is scheduled for tomorrow morning with AK DOT and Mr. Hickey to
discuss the possible inclusion of the Russian River Bridge replacement as well. He
asked if there were strategies that could move the Russian River Bridge priority up for
additional consideration. The State Recon Engineer is also attempting to find additional
dollars to study the flooding over Sargent Creek Road amongst the various funding
mechanisms.
PKIMC/LTC — Staff will be placing discussion points on an October agenda regarding
the future of the hospital and KCHC for planning and design funding.
He is discussing a proposal with Finance to finalize the costs associated with the two
fuel spills on the property. Staff anticipates completion of this discussion prior to the end
of September.
KIBSD — KIBSD, USCG and KIB staff are scheduled to perform walk around tomorrow
for a proposed site for a new Peterson Elementary replacement school on USCG
property.
Peterson Roof and HVAC Replacement Project- Anticipate a cost proposal including
two alternatives for the HVAC equipment. 65% cost estimate has been received at a
projected cost of $2,269,000.00. This will be reviewed and put before the assembly for
consideration for the use of the ARPA Funding.
The Main Elementary roof is ongoing and 95% of the construction has been completed.
Waiting for downspout materials to arrive for completion. Area around the boiler stacks
requires specialty flashing for completion. Anticipate completion within one or two weeks
pending materials delivery.
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Assessing —
KANA case — Working on follow up information after depositions. KIB awaiting ruling
from judge the first portion of the proceedings. September 8th oral arguments,
December 12,13, 14 tentative trial dates.
Assessing staff continues performing the required field work for the reassessment of
properties within the City of Kodiak boundaries.
Community Development - Meetings with staff to ensure customer service and the
departments functionality during this recent transition have been completed.
Staff are working on various permits and applications. Spruce Cape subdivision has
been received for staffs initial review and comments.
Three cases will be approved this evening.
Staff is researching state Community Development Block Grant funding and assessing
appropriate potential projects for application.
A request has been made to identify departmental issues associated with workflow and
staffing.
Finance —Staff is working to gather information for the upcoming reporting required for
the ARPA funds received to date. Anticipate an additional conversation regarding the
issued final rule regarding expenditure and accounting requirements.
Audit is underway this week. He spoke with the lead CPA this morning and they are
pleased with the on -site audit to date. They appreciate the thorough preparation that
staff provides. Anticipate several months until completed audit is prepared and
presented.
Staff is currently preparing the FY 2023 Budget Book for the Government Finance
Officers Association (GFOA). Due to the current workload a delay has been granted for
this submission.
Staff will focus and reach out for potential investment firms soon. A conversation with
the assembly will be required prior to any effort will be placed to prepare any request
for proposal.
Engineering and Facilities
KRFC — Awaiting confirmation from GSA regarding the funding and acceptance of the
apparent low bidder for the Carpet Replacement Project at KFRC. The bid tabulation
has been posted on the KIB website.
Bulldozer Procurement — Dozer has arrived in Anchorage for rebuild. Awaiting final
documents. Staff anticipates a several months long rebuild until returned to Kodiak.
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Service Area Contracts —Anticipate advertising for a Snow and Ice Control contract to
be able to work this winter under contract guidance and pricing.
Electrical Service, Heating and Plumbing bids have been received. Local Electric and
Premier Mechanical appear to be the successful proposers. Fire Alarm contracts are
scheduled for opening next week. These will be scheduled for approval in October.
Landfill — Work is continuing at the site. Blasting will continue. A decision has been made
to delay the liner installations due to the late time of year and required weather to
properly perform the heat welding on the required seams.
Crushing of the required gravel materials will continue into October. Anticipate a winter
shut down in mid to late October depending on weather and site conditions.
Dawson Construction is on site and anticipated to begin the Leachate Treatment Facility
Addition next week. Anticipate foundation and slab to be poured and job will be stopped
until spring of 2023.
Staff has completed and submitted the ADEC State Revolving Loan Questionnaire.
Awaiting the announcement after the ADEC review for beginning the actual loan
application. This request will be for 4.45 million dollars.
Staff is researching a grant opportunity for Hunter Access Grant funding associated with
possible bridge replacement at the KIB property in Chiniak. This funding would aim to
design and possible replace the temporary "logging bridge" currently in that location.
List of Pending Items for Discussion
• Bayside Fire Apparatus Procurement Bayside Classroom Addition
• Disposition of Closed School Facilities — Allowable Scope for Current Staff
OSHA Voluntary Compliance Visit — Rescheduled for October
• Continued update of the Personnel Manual ARPA Funding Reporting is
continuing.
• Grant Application and Local Match Funding — Approval for application prior to
expending staff time.
• Leases — Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long
Term Care Major Maintenance Funding for Facilities
• Disposition of Mental Health Buildings — Information provided to the assembly
Solid Waste Collection Contract Modifications
• Service Area Contracts Annual Contracts
• Additional Methods to Reward Employees in Personnel Manual Vehicle
Replacement
• Funding opportunities for road repairs and improvements
12. MESSAGES FROM THE BOROUGH MAYOR:
Mayor Roberts stated he heard a lot of people talking about the rocket launch,
apologized for missing Assembly work session last week, would've liked to hear what
citizens had to say, and hopefully we can resolve the issue for the people of Kodiak.
Kodiak Island Borough
September 15, 2022
Assembly Regular Meeting Minutes
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13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS — None.
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2023-18 Approval Of A One Year Contract With Matson
Navigation Company of Alaska, Inc. For Metals Processing and Hauling
ARNDT moved to approve Contract No. FY2023-18 with Matson Navigation
Company of Alaska Inc., metals processing and hauling for a one-year term.
The Engineering & Facilities Department reached out to Matson Navigation
Company to renew our contract on August 11, 2022. Matson provided an
updated proposed contract on September 1, 2022. Matson is the sole source
company for this contract, and they are the only shipping company in Kodiak
that has the means to handle these regular large metals shipment. Matson
provides the required open top containers for the consolidation and shipment of
ferrous recycle metals.
Matson's rate for metals shipping is calculated per cubic yard (CY). The charge
for the current contract (Contract No. FY2022-07) is $3.80 per CY for open top
containers. Under the proposed new contract (Contract No. FY2023-18) the
charge is $3.90 per CY for open top containers.
During the current contract term, the KIB Landfill shipped 14,456 CY (18
containers), for a total cost of $44,527.12. The new contract requires a minimum
of 15 open top containers per annual contract cycle. E/F staff has estimated the
total shipped to be 15,000 CY at $3.90 per CY, for a total of $58,500. This
estimate includes charges for any damages that may occur to the open top
container.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Turner, Williams, and Arndt.
14.13. RESOLUTIONS
1. Resolution No. FY2023-12 Of The Assembly Of The Kodiak Island Borough
Approving Funding Of The Kodiak Economic Development Corporation (KEDC)
ARNDT moved to adopt Resolution No. FY2023-12.
This resolution is at the request of Assembly Member Aimee Williams.
The attachments provided in this packet were provided by Mr. Whiddon from
KEDC. Mr. Whiddon noted in his email that KEDC is planning on applying for an
EDA grant to develop a Local Economic Development Plan (LEDP) similar to
the Haines 5-year Economic Development Plan (attached). Because KANA
developed a regional CEDS (attached) that focuses primarily on the rural regions
of Kodiak, there is no current economic data for the Kodiak road system. The
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LEDP would be developed in lieu of an actual CEDS and would include more
specific detailed data about key industries and economic trends in Kodiak.
Included in the packet is a Project Tracker that identifies the various projects that
KEDC is currently pursuing. Mr. Whiddon intends to update the Assembly at the
meeting on Thursday night.
The resolution, if approved, would allow the Borough to enter into a grant
agreement granting KEDC $10,000 to be used for purposes of working on the
yet uncompleted tasks on the task list presented. While these funds would not
be the only fund source, and are not sufficient to complete all tasks, they would
assist in completion of these tasks, and expenditure of the funds would be
restricted to the tasks listed.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner,
Williams, Arndt, and Griffin.
14.C. ORDINANCES FOR INTRODUCTION
Ordinance No. FY 2023-06 Rezoning Allman Addition Tract A, Commonly
Known As 1240 Mill Bay Road From B-Business District to PL - Public Use
Lands District
ARNDT moved to advance Ordinance No. FY2023-06 to public hearing at the
next regular meeting of the Assembly on October 6, 2022.
This request is to Rezone Allman Addition Tract A, commonly known as 1240
Mill Bay Road from Business District (B) to Public Use Lands District (PL) in the
Official Zoning Map of Kodiak Island Borough. The City of Kodiak had purchased
land to develop a City Fire Station. The land was selected after extensive site
selection that included various public meetings. The site offers better response
times and is out of the anticipated worst -case scenario of the inundation zones
for a tsunami event. The land requires a Public Use Lands zoning to develop
the fire station. The Public Use Lands District allows for development of a fire
station subject to site plan approval by the Planning and Zoning Commission.
During the Public Hearing, the applicant had provided materials as to site and
traffic designs that mitigated concerns about traffic and noise impacts. If
rezoned, the future site plan approval process could further address design
standards of any proposal. Overall, there was unanimous support for the rezone
due to the overwhelming benefit to the whole of the community by this proposed
critical facility.
A rezone requires an amendment to the Official Zoning Map and a simultaneous
amendment to the Comprehensive Plan's Future Land Use Map. This proposed
ordinance takes care of both of those requirements. In addition, this ordinance
varies from prior similar ordinances in that it is of a permanent nature, includes
the actual map changes being adopted, and includes a certification section for
the said maps.
Kodiak Island Borough
September 15, 2022
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Procedural History: Planning and Zoning Commission unanimously recommend
approval of the rezone with the recommended findings. Action Taken: 6 — 0,
August 17, 2022, at a Regular Meeting of the P&Z Commission.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Williams, Arndt, Griffin, and Smiley.
2. Ordinance No. FY 2023-07 Rezoning Allman Addition Block 2, Lot 1. Commonly
Known As 1234 Mill Bay Road From R-1 Single -Family Residential District To
B-Business District
ARNDT moved to advance Ordinance No. FY2023-07 to public hearing at the
next regular meeting of the Assembly on October 6, 2022.
This request is to rezone Allman Addition, Block 2, Lot 11, commonly known as
1234 Mill Bay Road, from Single-family Residential (R1) district to Business
District (B) in the Official Zoning Map of Kodiak Island Borough. The applicant
requests this change due to the prospective future fire station. Overall, there
was unanimous support for the rezone due to surrounding mixed use and
potential for the rezone and development of the adjacent parcel located at 1240
Mill Bay Road.
A rezone requires an amendment to the Official Zoning Map and a simultaneous
amendment to the Comprehensive Plan's Future Land Use Map. This proposed
ordinance takes care of both of those requirements. In addition, this ordinance
varies from prior similar ordinances in that it is of a permanent nature, includes
the actual map changes being adopted, and includes a certification section for
the said maps.
Procedural History: Planning and Zoning Commission unanimously recommend
approval of the rezone with the recommended findings. Action Taken: 6 — 0,
August 17, 2022, at a Regular Meeting of the P&Z Commission.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams,
Arndt, Griffin, Smiley, and Turner
3. Ordinance No. FY 2023-08 Rezoning Cliffpoint Estates Oceanfront Addition 4,
Lot 7, Commonly Known As 5917 Pinnacles Court, from RR2, Rural Residential
Two District, to NU, Natural Use District
ARNDT moved to advance Ordinance No. FY 2023-08 to public hearing at the
next regular meeting of the Assembly on October 6, 2022.
This request is to rezone Cliffpoint Estates Oceanfront Addition 4, Lot 7,
commonly known as 5917 Pinnacles Court, from RR2, Rural Residential Two to
NU, Natural Use District in the Official Zoning Map of Kodiak Island Borough.
The applicant requests this change due to geographic conditions of the subject
lot which includes wetlands in the form of a pond. This wetland feature prevents
and limits the use of the property for residential purposes. The development is
more of a shared community so changing the zoning would allow a community
recreational use and oceanfront access that is consistent with the objectives of
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the Comprehensive Plan and surrounding land uses. The Planning and Zoning
r Commission found the request to be consistent with objectives in the
I Comprehensive Plan which included compatibility with surrounding land uses
and geographical justification for the request. Overall, there was unanimous
support for the rezone due to the geographic condition, the restrictive nature of
the Natural Use District, and the compatibility with the character of the
surrounding neighborhood.
A rezone requires an amendment to the Official Zoning Map and a simultaneous
amendment to the Comprehensive Plan's Future Land Use Map. This proposed
ordinance takes care of both of those requirements. In addition, this ordinance
varies from prior similar ordinances in that it is of a permanent nature, includes
the actual map changes being adopted, and includes a certification section for
the said maps.
Procedural History: Planning and Zoning Commission unanimously recommend
approval of the rezone with the recommended findings. Action Taken: 6 — 0,
August 17, 2022, at a Special Meeting of the P&Z Commission.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt,
Griffin, Smiley, Turner, and Williams.
14.D. OTHER ITEMS
1. Approval Of The October 4, 2022, Regular Municipal Election Officials
ARNDT moved to appoint the election officials for the upcoming municipal
election as listed on the memo submitted by the Borough Clerk.
Attached to this packet is a list of election officials for you to review and approve
for the October 2022 Regular Municipal Election.
We would like to sincerely thank all those who volunteered and who will be
devoting countless hours training and serving on election day. Their commitment
to preserving democracy is appreciated during these challenging times.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Turner, Williams, and Arndt.
Approval of Change Order No. 01 for Contract FY2022-09 with CH2M Hill
Engineering/Jacobs for Additional Services During Construction for the
Leachate Pretreatment Facility Project.
ARNDT moved to authorize the Manager to Approve Change Order No. 01 for
Contract No. FY2022-09 with CH2M Hill Engineering/Jacobs for additional
services during construction for the Leachate Pretreatment Facility Project.
The project for the construction of the Leachate Pretreatment Facility is currently
in the early stages. The building supplier Varco Pruden suggested a change in
orientation to the frame of the building to the project contractor, Dawson
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Construction. After considering the changes Dawson Construction asked
Jacobs to revise and provide new drawings for approval. The changes were
approved with Change Order #2, which provided a reduction in construction
costs (-$20,798.40) for Contract FY2022-29 with Dawson Construction.
The costs for redesigning and providing new drawings ($9,998.40) were covered
by funds allocated for the services during construction under the current contract
FY2022-09 with Jacobs (CH2M Hill Engineering). With the additional funds
being taken out of the contract we need to add more to ensure that we can cover
the costs for the remaining tasks.
Change Order 01 for an additional $25,000.00 will allow for Jacobs to continue
to provide services during construction of this project which will include: special
inspections of foundation rebar, review of submittals, participation at work
planning meetings, additional support for foundation redesign housekeeping
pad/floor drain, process skid geometry modifications, coordination for utilities
and drain connection, ongoing submittal reviews, and other support as
requested by the Kodiak Island Borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner,
Williams, Arndt, and Griffin.
3. Confirmation Of Mayoral Appointment To The Solid Waste Advisory Board, Mr.
Lawrence Van Daele
ARNDT moved to confirm the mayoral appointment of Mr. Lawrence Van Daele
to the Solid Waste Advisory Board for a term to expire December 2022.
There are currently two seats vacant on the Solid Waste Advisory Board which
were vacated on September 1, 2022. Advertisements for these seats will be
published two weeks in a row.
An application was received from Mr. Van Daele for the vacated positions.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams,
Arndt, Griffin, and Smiley.
15. CITIZENS' COMMENTS
The following spoke under citizen's comments.
• David Conrad
16. ASSEMBLY MEMBERS' COMMENTS
• Assembly Member Griffin announced Kodiak Downtown Block Party was very
well attended, Kodiak Broadcasting Annual/KMXT meeting is tomorrow, and
reminded citizens that September is Suicide Awareness month.
• Assembly Member Smiley expressed that several citizens contacted him
regarding unregistered businesses on Spruce Cape, directed them to contact
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Interim Borough Manager David Conrad and wants an update once investigated.
r Also expressed his concerns with Alaska Aerospace Pacific Spaceport Complex
and adoption of new ILMA. Stated the Alaska Aerospace Pacific Spaceport
Complex letters sent to DOT were very well written and requested the Borough
Clerk's office to also send letters to DNR commissioner.
• Assembly Member Arndt thanked Dan Rohrer for working behind the scenes
speaking with Alaska Aerospace Pacific Spaceport Complex representatives.
He expressed liking the Alaska Aerospace Pacific Spaceport Complex letters
sent out. Lastly, he announced Municipal elections is October 4 and encouraged
citizens to get out and vote.
• Assembly Member Williams expressed she was happy to see people comment
about the Alaska Aerospace Pacific Spaceport Complex, also thanked Borough
Assessor Seema Garoutte for filling in for CDD.
17. ADJOURNMENT
ARNDT moved to adjourn the meeting at 7:15 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAW BOROUG
ATTEST:
h ov
William o ert oroug Mayor
M. Javier, Borough
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