2025-03-06 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, March 6, 2025, 6:30 p.m.
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube
Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting
packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing.
Page
1. INVOCATION
2. 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
5. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed marked with an asterisk (*) are considered to be routine and non -controversial
items by the Assembly and will be approved by one motion.
6. *APPROVAL OF MINUTES
A. Regular Meeting Minutes of February 20, 2025 4-8
Minutes
7. CITIZENS' COMMENTS
Please call 1(907) 486-3231 or toll free 1(855) 492-9202. Comments on any topic other than
scheduled public hearing items.
8. AWARDS AND PRESENTATIONS
9. COMMITTEE REPORTS
10. PUBLIC HEARING
Please call 1(907) 486-3231 or toll free 1(855) 492-9202.
A. Ordinance No. FY2025-02A, Amending Ordinance No. FY2025- 9 - 12
Page 0 of 151
02, Fiscal Year 2025 Budget, By Amending Budgets To Account
For Various Revenues That Are Over Budget, Providing For
Additional Expenditures, And Moving Funds Between Projects
Agenda Item Report - Pdf
11. BOROUGH MANAGER'S REPORT
A 2025-03-06 Borough Manager's Report
12. MESSAGES FROM THE BOROUGH MAYOR
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
`EI 4to] 6yl9721:4 T"dI[ffl 0to] 9tN_11210197_1:a012kNTA_21I O]1►1a&01
14.A. CONTRACTS
13-30
1. Contract No. FY2025-43, Multi -Facility Elevator 31 - 78
Modernization With TK Elevator Corporation In The
Amount Of $677,804.45
Agenda Item Report - Pdf
14.B. RESOLUTIONS
1. Resolution No. FY2025-14, Adopting The Kodiak Island 79 - 90
Borough Multi -Jurisdictional Multi -Hazard Mitigation Plan
Update
Agenda Item Report - Pdf
2. Resolution No. FY2025-19, Designating The Individual 91 - 93
Who Will Serve As The Designated Administrative Official
During The Absence Or Disability Of The Kodiak Island
Borough Manager
Agenda Item Report - Pdf
3. Resolution No. FY2025-20, Designating The Individual 94 - 96
Who Will Serve As The Temporary Administrative Official
During The Absence Or Disability Of The Borough
Manager And Designated Administrative Official
Agenda Item Report - Pdf
14.C. ORDINANCES FOR INTRODUCTION
14.D. OTHER ITEMS
1. Abbreviated And Informal Hearing Of The State Of Alaska 97 - 143
Alcohol And Marijuana Control Office (AMCO) Liquor
License Transfer Of Ownership From Sook C Yun, DBA
Second Floor Restaurant (License No.3293) To Nuniaq
Page 1 of 151
Cafe' And Deli And Transfer Of Location From Current
Location Of 116 W Rezanof Drive To 113 Lower Millbay
Road Application
Agenda Item Report - Pdf
2. Nomination Of Mr. Elijah Jackson For The Kodiak Village 144 - 145
Mayors Association Seat On The Prince William Sound
Regional Citizens' Advisory Council Board Of Directors
Complete Binder For PWSRCAC Board ADDointment - Pdf
15. CITIZENS' COMMENTS
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
A. Womens Bay Service Area Board Regular Meeting Minutes of 146 - 147
Tuesday, December 3, 2024
Minutes
B. Meeting Materials 148 - 151
This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel
Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published
For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202.
Page 2 of 151
AGENDA ITEM #6.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 20, 2025
A regular meeting of the Kodiak Island Borough Assembly was held on February 20, 2025, in
the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were
Acting Administrative Official Seema Garoutte, Bayside Fire Department Fire Chief Scott Ellis,
Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Assistant Clerk Irene
Arellano.
INVOCATION
Mr. Anthony Furio of the Salvation Army gave the invocation.
2. PLEDGE OF ALLEGIANCE
Assembly Member LeDoux 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 Assembly Members Dave Johnson, Larry LeDoux, Scott Smiley, and Bo
Whiteside.
SMILEY moved to excuse Mayor Arndt and Assembly Member Griffin who were
attending Alaska Municipal League Winter Conference in Juneau, Alaska and Assembly
Member Ames and Sharratt who were out on personal leave.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux,
Smiley, and Whiteside.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and consent agenda.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES (Approved under consent agenda)
A. Regular Meeting Minutes of February 6, 2025
7. CITIZENS' COMMENTS
The following spoke under citizen's comments:
• Alexus Kwachka
• Julianne Curry
Kodiak Island Borough
February 20, 2025
Assembly Regular Meeting Minutes
Page 1 of 5
Regular Meeting Minutes of February 20, 2025 Page 4 of 150
AGENDA ITEM #6.A.
8. AWARDS AND PRESENTATIONS
A. Proclamation Declaring United States Coast Guard "We Applaud You" Day
Assembly Member Dave Johnson, on behalf of Mayor Arndt, proclaimed
February 21, 2025, as United States Coast Guard "We Applaud You" Day urging
citizens to recognize our Coast Guard community for their individual and
collective efforts in making Kodiak and all the navigable waters of Alaska a safer
and better place to live, work, and play.
9. COMMITTEE REPORTS
• Assembly Member LeDoux reported on the recent Kodiak College Advisory
Board meeting, highlighting the exciting developments at the College.
10. PUBLIC HEARING
A. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary
Liquor License Transfer Of Controlling Interest For Bernie's Bar LLC
SMILEY moved to voice non -protest to the State of Alaska Alcohol and
Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of
controlling interest for Bernie's Bar LLC and direct the Clerk to notify AMCO of
this decision.
Assembly Member LeDoux opened the public hearing. Hearing and seeing
none, Assembly Member LeDoux closed the public hearing.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Smiley, Whiteside, and Johnson.
B. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office
Liquor License Transfer Of Ownership From Sook C Yun, DBA Second Floor
Restaurant (License No.3293) To Nuniaq Cafe' And Deli And Transfer Of
Location From Current Location Of 116 W Rezanof Drive To 113 Lower Millbay
Road
SMILEY moved to voice protest to the State of Alaska Alcohol and Marijuana
Control Office (AMCO) transfer of ownership application from Sook C Yun, DBA
Second Floor Restaurant (License No.3293) to Nuniaq Cafe' and Deli and the
transfer of location from the current location of 116 W Rezanof Drive to 113
Lower Millbay Road and direct the Clerk to submit the letter of protest letter to
the Alaska Beverage Control Board (ABC) Board and to the transferor. The
reasons for protest are stated in the letter attached to this packet.
Assembly Member LeDoux opened the public hearing.
The following spoke under citizen's comments:
Carlene McChesney
Alexus Kwachka
Kodiak Island Borough Assembly Regular Meeting Minutes
February 20, 2025 Page 2 of 5
Regular Meeting Minutes of February 20, 2025 Page 5 of 150
AGENDA ITEM #6.A.
• Nate Svoboda
• Leanna Harrington
• Melissa Berns
Hearing and seeing none, Assembly Member LeDoux closed the public hearing.
JOHNSON moved to amend the letter of objection by striking sentences on page
three that refer to the seasonality or time operations of Nuniaq Deli from "The
Borough and its residents are best served by REPL licenses being held by full
time year-round full -service restaurants serving both lunch and dinner on a
regular basis. The regular operation also contributes to local tax revenues. The
transferee applicant here is not this sort of establishment. The long-term failure
to operate hampers Kodiak's otherwise vibrant hospitality industry".
WHITESIDE moved to further amend (second amendment) the letter of
objection by striking all language after the bullet B prior to subsection 1 beginning
with the renewal or reinstatement from there onward.
ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED
UNANIMOUSLY: Smiley, Whiteside, Johnson, and LeDoux.
ROLL CALL VOTE ON THE PRIMARY AMENDMENT: Whiteside, Johnson,
LeDoux, and Smiley.
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED
UNANIMOUSLY: Johnson, LeDoux, Smiley, and Whiteside.
11. BOROUGH MANAGER'S REPORT
Acting Administrative Official Seema Garoutte provided a manager's report, and it was
included in the meeting packet.
12. MESSAGES FROM THE BOROUGH MAYOR — None.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS — None.
14.B. RESOLUTIONS
1. Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025
Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1
(Bayside Volunteer Fire Department)
SMILEY moved to adopt Resolution No. FY2025-15.
Kodiak Island Borough Assembly Regular Meeting Minutes
February 20, 2025 Page 3 of 5
Regular Meeting Minutes of February 20, 2025 Page 6 of 150
AGENDA ITEM #6.A.
ROLL CALL VOTE ON THE MOTION: Whiteside, Johnson, LeDoux, and
Smiley.
2. Resolution No. FY2025-16, Adopting A State Legislative Capital Improvement
Projects Priority List for the 2025 Legislative session
SMILEY moved to adopt Resolution No. FY2025-16.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson,
LeDoux, Smiley, and Whiteside.
3. Resolution No. FY2025-17, Identifying Federal Project And Program Priorities
For Federal Fiscal Years 2025 And 2026
SMILEY moved to adopt Resolution No. FY2025-17.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Smiley, Whiteside, and Johnson.
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year
2025 Budget, By Amending Budgets To Account For Various Revenues That
Are Over Budget, Providing For Additional Expenditures, And Moving Funds
Between Projects
SMILEY moved to advance Ordinance No. FY2025-02A to public hearing at the
next regular assembly meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Whiteside, Johnson, and LeDoux.
14.D. OTHER ITEMS
1. Authorization For The Borough Manager To Sign and Submit The Request Of
Hearing Form To Appeal The Decision Of The Alcoholic Beverage Control (ABC)
Board Denying The Kodiak Island Borough's Protest Of The Continued
Operation Of Restaurant Or Eating Place License (REPL) No. 2611
SMILEY moved to authorize the Borough Manager to sign and submit the
Request for Hearing form to appeal the decision of the ABC Board denying the
Kodiak Island Borough's protest of the continued operation of REPL No. 2611.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside,
Johnson, LeDoux, and Smiley.
2. Confirmation Of Mayoral Appointments Of City And Borough Representatives
From The Planning And Zoning Commission To The Borough Lands Committee
(Ms. Tracy Craig and Ms. Sara Fraser)
Kodiak Island Borough Assembly Regular Meeting Minutes
February 20, 2025 Page 4 of 5
Regular Meeting Minutes of February 20, 2025 Page 7 of 150
AGENDA ITEM #6.A.
SMILEY moved to confirm the Mayoral appointments of Commissioner Tracy
Craig as the Planning and Zoning Commission (P&ZC) City representative and
Commissioner Sara Fraser as the P&Z Borough representative to the Borough
Lands Committee.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson,
LeDoux, Smiley, and Whiteside.
15. CITIZENS' COMMENTS — None.
16. ASSEMBLY MEMBERS' COMMENTS
• Assembly Member Johnson had no comment.
• Assembly Member Whiteside expressed his gratitude for public input and
community feedback. He apologized to those who experience prolonged
difficulties in pursuing liquor licenses due to the Alcohol and Marijuana Control
Office poor handling of the process. He also expressed his support and
encouragement to new business owners.
• Assembly Member Smiley expressed his frustration with the Alcohol and
Marijuana Control Office (AMCO), citing its actions as an example of
bureaucracy at its worst. However, he acknowledged the importance of a well -
managed bureaucracy, emphasizing its role in providing structure, amplifying
diverse voices, and ensuring fair governance. Despite the current criticism of
bureaucracy in the United States, he remains supportive of the concept of it.
• Assembly Member LeDoux learned that bureaucracy tends to grow rather than
shrink, which can be both beneficial and problematic. However, he emphasized
that situations like this provide an opportunity for self -reflection to ensure the
public doesn't face unnecessary barriers. He attributed the current challenges
not to applicants or the Borough's decisions but to the Alcoholic Beveral Control
Board's actions by not understanding the issues which he found disappointing.
Moving forward, he hopes for a reassessment of the Borough's own bureaucratic
processes to ensure efficiency and fairness.
17. ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:45 p.m.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Kodiak Island Borough
February 20, 2025
ATTEST:
Nova M. Javier, Borough Clerk
Assembly Regular Meeting Minutes
Page 5 of 5
Regular Meeting Minutes of February 20, 2025 Page 8 of 150
AGENDA ITEM #10.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal
Year 2025 Budget, By Amending Budgets To Account For Various Revenues
That Are Over Budget, Providing For Additional Expenditures, And Moving
Funds Between Projects
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
Move to adopt Ordinance No. FY2025-02A.
DISCUSSION:
This ordinance presents the net changes for additional funding requests which occurred during
the current fiscal year for items or circumstances not known or expected during the initial
creation of the FY2025 Budget or project estimates.
Funds (not including Capital Protect funds)
Funds are accounts established to account for the revenues and expenditures of money with a
specified purpose. The following funds are being changed with this budget amendment:
Fund Net Increase/(Decrease)
100 General Fund ($20 000)
530 Solid Waste Collection & Disposal
540 Hospital Facility
555 Kodiak Fisheries Research Center
($227,948)
$704,020
$82,335
Projects (within Capital Project Funds)
Since most projects cover multiple years, the Borough does not create annual budgets for them.
Instead, each project budget is developed when the project is originated. Throughout the life of
a project, the scope of work, deadlines and the need for money may need to be amended. The
projects being amended by this budget amendment are:
Capital Proiect
Fund/Proiect #
415 / #25007
426 / #19003
426 / #20004
490 / #18005
490 / #19012
495 / #20006
497 / #21000
Project Name
Fisheries Development
Seawater Storage & Filter
Vessels
Exterior to the KFRC
Baler Building UST Removal
Leachate Aeration/LTP
Pretreatment Upgrades
Structural Analysis & Project
List Development
Fire Alarm Replacement &
Upgrade
Net Increase/(Decrease)
$20,000
($30,000)
($52,335)
($22,052)
$250,000
($11,538)
($692,482)
Kodiak Island Borough
Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 9 of 150
AGENDA ITEM #1O.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 10 of 150
AGENDA ITEM #10.A.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-02A
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
ORDINANCE NO. FY2025-02, FISCAL YEAR 2025 BUDGET, BY AMENDING BUDGETS TO
ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR
ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS
WHEREAS, staff requests a transfer of $20,000 from the General Fund — Economic
Development department to the Capital Project fund — Fisheries Development project for future
use; and
WHEREAS, staff requests a return of $30,000 from the Capital Project Fund - Seawater
Storage & Filter Vessels project to the Kodiak Fisheries Research Center (KFRC) fund due to a
change in project direction; and
WHEREAS, staff requests a return of $52,335.45 from the Capital Project Fund — Exterior to
the Kodiak Fisheries Research Center (KFRC) project due to the completion of the design phase
of the project; and
WHEREAS, staff requests a return of $11,537.95 from the Capital Project Fund — Structural
Analysis & Project List Development project to the Hospital fund due to the completion of the
project; and
WHEREAS, staff requests a return of $692,482 from the Capital Project Fund — Fire Alarm
Replacement & Upgrade project to the Hospital fund due to a change in project direction; and
WHEREAS, staff requests a return of $22,051.51 from the Capital Project Fund —Baler Building
UST Removal and Replacement project to the Solid Waste Collection & Disposal fund due to
completion of project; and
WHEREAS, staff requests a transfer of $250,000 from the Solid Waste Collection & Disposal
fund to the Capital Project Fund — Leachate Aeration/LTP Pretreatment Upgrades project for
additional work on upgrades.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: The following budget amendments are made, and supplemental appropriations are
approved:
Ordinance No. FY2025-02A Page 1 of 2
Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 11 of 150
AGENDA ITEM #10.A.
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Transfer Appropriations:
48
49
Effective Date: This ordinance takes effect upon adoption.
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ADOPTED BY THE ASSEMBLY
OF THE KODIAK ISLAND BOROUGH
52
THIS
DAY OF 2025
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KODIAK ISLAND BOROUGH
ATTEST:
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Scott Arndt, Borough Mayor
Nova Javier, MMC, Borough Clerk
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60
Introduced by: Borough Manager
61
First reading:
62
Second reading/public hearing:
63
64
VOTES:
65
Ayes:
66
Noes:
67
Ordinance No. FY2025-02A
Page 2 of 2
Fund — Department
Transferring Out
Fund — Department/Project
Transferring in
Transfer Amount
100 General Fund, fund balance
415 Capital Projects / #25007
$ 20,000.00
426 Capital Projects / #19003
555 KFRC
$ 30,000.00
426 Capital Projects / #20004
555 KFRC
$ 52,335.45
495 Capital Projects / #20006
540 Hospital
$ 11,537.95
497 Capital Projects / #21000
540 Hospital
$ 692,482.00
490 Capital Projects / #18005
530 Solid Waste Collection &Disposal
$ 22,051.51
530 Solid Waste Collection &
Disposal
490 Capital Projects / #19012
$ 250,000.00
Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 12 of 150
AGENDA ITEM #11.A.
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
TO: Kodiak Island Borough Assembly
FROM: Seema Garoutte, AO
RE: Manager's Report, March 06, 2025
Manager's Department
North Star Elementary
Different community members are asking for meetings to discuss possible uses of the
school building. After our Joint Work Session on March 12th, the Assembly should have
more information so that the discussion can continue.
DNR Aquatic Farmsite Lease Public Notice
The DNR has sent Public and Agency Notice for a 31.68-acre, 10-year lease to Go Big
Farms for commercial growth and harvest of ribbon, sugar, dragon and bull kelp. A
larger map is provided for you convivence as an attachment to this report.
Page 13 of 150
AGENDA ITEM #11.A.
FY26 Budget Schedule for Departments
March 13th Work Session is beginning of the review of Department Budgets.
• Finance — March 13th
• Manager — March 13th
• Clerks / Legislative — March 27th
• Information Technology — March 27th
• Assessing — April 10th
• Community Development / Parks and Rec / LEPC — April loth
• Engineering and Facilities — April 24th
Current Recruitments
• Temporary Laborer
• Full-time Laborer
• Full-time Secretary III
Finance Department
2024 Foreclosure Process
As of February 21 St, the Annual Notice of Foreclosure List has started it's four week run
in the local newspaper. The same list will run for four consecutive weeks. Please
contact the finance department for an updated payoff amount.
Property Assessment and Taxation Implementation Project
Staff is back to regularly scheduled meetings with the Tyler Implementation team. The
main focus is still with the Assessing department and the project is currently 21 %
complete. Go -live date is now expected to be sometime August 2025.
Electronic Timesheet Implementation Project
Staff is working with the vendor to set up business rules and processes. Go -live date is
expected to be mid -April, depending on IT's workload and staffs training availability.
Page 14 of 150
AGENDA ITEM #11.A.
Community Development
PLAN 2045 - Update
With the completion of the hazard mitigation plan update, Community Development staff
is preparing for the next step in the comprehensive plan process. Staff is planning for
workshops related to land use and housing. These workshops will include activities to
gather information on these important issues. The workshop schedule is being
developed and we will have more information on the date, time, and location in the near
future.
Planning & Zoning Commission - Work Session - March 12, 2025
The Commission will hold a work session on the evening of March 12, 2025. This work
session will focus on commissioner training, a review of the code amendment on pet -
related uses, and a review of a code amendment on assisted living facilities. Since no
cases were filed for March. the reaular meetina on March 19. 2025, has been canceled.
Assessing -
Senior Citizen / Disable Veteran exemptions
Assessing will begin checking PFD information after March 31.
Values
Notice of Values were mailed on February 26, 2025. Appeal period began February 27,
2025, and runs through March 28, 2025. Appeal literature was updated to include
versions in Tagalog and Spanish. MAPTR was also updated.
Tyler Conversion
• Assessing continues to run queries for cleanup and is preparing for file transfer
as well as verifying the data in the new system. Assessing has also been tasked
with coordinating both Tyler IT and KIB IT for information on where the
information lives in our PACS system and where Tyler needs to pull from.
• Assessing has 5 open tickets with Harris as of 02/05/2025. 3 of the tickets had to
be updated manually by staff because of the Notice of Value process and no
response from Harris.
Page 15 of 150
AGENDA ITEM #11.A.
Enaineerina and Facilities
KIB Main Office
The IT server room AC project is complete. Today, Premier Mechanical removed the old
rooftop AC unit. E&F staff coordinated with Friends Contractors LLC to create a metal
cap to seal the penetration. 2" rigid insulation was installed under the metal cap, which
was adhered to the PVC roofing membrane. This work is not the intended finished
product, but it should resolve the leaking issues we were experiencing in the IT server
room. A roofing project will be established in the summer to demo and repair the three
roofing penetrations that have been capped.
Signal Hill [Mental Health] Buildings Public Forum
The Kodiak Island Borough (KIB) is going to hold a forum regarding the future of the
Signal Hill Buildings, commonly referred to as the Mental Health Buildings. This forum
is scheduled to start at 5 p.m. on Tuesday, March 25, 2025, and will take place in
the Large Conference Room of the Kodiak Fisheries Research Center. Staff has
also created a survey for the public to provide their input which has been posted on the
Borough website and Facebook page. The public notice for the newspaper and the flyer
are both attached to this report.
The invitation is open to anyone, and Staff has coordinated with the Clerk's office so the
Mayor, Assembly, and other appointed board/committee members may be present at
this public forum. While a quorum of the assembly and/or other boards and committees
might be present, no substantial deliberations or decisions are expected to be
discussed during this forum
Mental Health Buildings
• Due to PCB testing requirements, the contractor has been delayed and will
mobilize March 10th.
• Due to the need for PCB disposal, C0#1 has been sent to the contractor for
signatures. We anticipate a cost of $14,565.13 per container for the disposal
requirements. Early estimates are for approximately $291,302.60 to have 20
containers removed and disposed of properly.
• All non -hazardous material will be removed for disposal at the KIB Landfill.
KFRC
• Long Technologies provided KIB staff with as-builts and upgraded their current
monitoring capabilities to reflect all sensors installed. Staff are working to identify
if the current components are functional, and they are looking for new monitoring
opportunities.
• The replacement of the existing ozone decontamination system will be advertised
soon. Staff has discussed with the manager and are reviewing the package with
the engineering consultant prior to advertising to ensure completeness.
Page 16 of 150
AGENDA ITEM #11.A.
• DXP was on -site from February 26 to 28 for pumphouse pump evaluation and
maintenance. Initial findings indicated that two new complete pump systems
would be needed for pumps #3 and #4, which are currently out of operation.
Pumps #3 and #4 are located in the shallow well and are used as backups. Staff
requested that DXP provide a quote for one new pump. The cost would be
• $104,665.00 plus shipping, with a lead time of 20 weeks, in addition to shipping
time, before arriving on -site. To maintain compliance with the procurement code
the possibility of alternative pumps is being investigated, and other quotes are
being requested. Future discussions will be held to determine the best path
forward for the KFRC pump house during the March 13th work session.
Future discussions will be held to determine the best path forward for the KFRC
pump house.
No movement on these GSA items:
o Awaiting GSA revised contract amount for required water testing. No
return contact has been received. The due date for sampling and
receipt of data will be extended to reflect the delay.
o Staff continues to wait for a request for additional electrical circuits
have been priced for GSA consideration to accommodate additional
chillers for NOAA. Project to be funded on the next fiscal year's
budget.
Landfill
• Baler building tipping floor project is closed out.
• Staff is continuing to investigate the Compliance Order by Consent (COBC)
associated with the storm water violations. A well installation RFB was drafted to
gather data to inform the cause of the storm water violations. Unfortunately, there
were no bidders for the project. Staff is currently working to update the RFB and
readvertise. Staff is also investigating the possibility to jet and camera the leachate
collection system to determine the integrity of the piping.
• Staff has posted the RFP for the Regional Solid Waste Management Plan and is
working with KANA on the landfill mentorship portion of the award.
• Staff is beginning preparations for the Spring Household Hazardous Waste Event
and discussing any potential changes to improve the event's efficiency.
Leachate Treatment Plant
• Staff is currently working on the installation of the new membranes.
• Ongoing discussions with the engineer, plant manufacturer, and ADEC are
focused on improving water quality discharge.
• Foaming issue has lessened over the past week but is still occurring.
Page 17 of 150
AGENDA ITEM #11.A.
KIBSD
High School Roof- KIB staff has informed Carlisle there are active leaks, and Carlisle
agreed to coordinate temporary repairs with Rain Proof Roofing as soon as their
schedule allows. KIB staff notified KIB E&F staff of multiple roof leaks. KIB staff have
initiated a warranty claim and was notified on 2/27/2025 that a Field Service
Representative will be scheduled for a visit to conduct an inspection. The inspection will
include the section of roof that was replaced 2023 (due to non -warranty covered
damage) and the newly reported leaks in other areas. This visit will not take place until
the Spring. Staff is working with KIBSD to determine the urgency of the repair.
Peterson School Roof- (no change) KIB staff is awaiting a final determination for the
final repair of the flashing that failed. Anticipate the warranty work will not be completed
until spring. Roof has not had any additional leaks reported.
Karluk School UST - ADEC would like a further characterization and delineation to
provide more information on the extent of soil contamination and to demonstrate
whether groundwater. Staff has reached out to the contracted firm that has previous
experience with this site.
Service Areas
• Follow up meetings with the AKDOL (Department of Labor) occurred on 2/25 to
ensure the new contracts are compliant with Wage and Hour regulations. New contracts
will be required to follow the State of Alaska Title 36 Prevailing Wage laws for contracts
that exceed $25,000 cumulative.
• The KIB RSA modifications to the State of Alaska DOT SSHC are posted
on the KIB website for use as reference.
• On Friday February 28th the KIB RSA invitation to bid documents were sent via
email to the RSAs for review. Staff has requested all desired edits for the individual
RSAs be provided back by no later than March 14th.
Projects Office
• Staff is working on updating the Projects page on the website to provide easy
access to projects information to the public.
• Staff is also working on updating a procedure for the bid/proposal process.
Page 18 of 150
AGENDA ITEM #11.A.
Information Technology
(Changes from the last reporting period are in bold)
Policy Development -
• IT Network documentation development.
• Disaster Recovery Policy development
• GIS documentation development
State and Local Cyber Security Grant Program (SLCGP) -
• Submitted two RFPs for the 2023 Grant awards to KIB to the Grants office in
Juneau for approval
1. Immutable Backup and Tape Library upgrade
2. KIB firewall and switch upgrade project
• Working on a new Grant Proposal for the State and Local Cybersecurity
Grant Program round 3
Security -
• IT is working on getting our PCI-DSS status compliant with Card Pointe.
• IT has been working on blacklisting foreign nation networks from attacking
KIB servers.
Hardware -
• Asset tag inventory - completed
• Fixed broken Assembly Chambers Microphone socket.
Network -
• IT is working with E&F to deploy wireless network coverage at KFRC in the pump
house and the tower filter room.
Also including two new iPads with cellular internet coverage
• IT is configuring an iPad for a new Planning and Zoning member
• Working on switch configuration backup and configuration repository.
GitHub vs another internal solution
Administration -
• Secured baysdiefireak.gov email domain name for the Bayside Fire
Department Staff - next step is configuring it for our systems.
Software —
• IT is working with Jacobs at Leachate Treatment Plant installing SCADA
software and fixing bugs.
• IT is meeting weekly with Tyler Tech data staff to assist with the PACS migration.
Meet with Tyler on the PACS Migration Weekly - work is ongoing.
Page 19 of 150
AGENDA ITEM #11.A.
GIS -
• Created four new maps for Community Development.
• Working adding 100 missing leases to our online land viewer.
• Working with Community Development on making interactive maps for
development planning scenarios.
Reminders for Budget Discussions for FY26
1. Non-profit use of opioid settlement funds
2. Accommodations tax — Breakdown / Amount in Fund / Regulations about using those funds
3. Consideration of adding more to the junk vehicle removal line item
Page 20 of 150
VFW
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AGENDA ITEM #11.A.
KODIAK ISLAND BOROUGH NOTICE OF PUBLIC FORUM
FOR THE FUTURE OF THE SIGNAL HILL (MENTAL HEALTH)
BUILDINGS
The Kodiak Island Borough (KIB) is going to hold a forum
regarding the future of the Signal Hill Buildings,
commonly referred to as the Mental Health Buildings.
This forum is scheduled to start at 5 p.m. on Tuesday,
March 25, 2025, and will take place in the Large
Conference Room of the Kodiak Fisheries Research
Center.
The purpose of the forum is to engage public members in
discussions and gather input regarding opportunities for
the future use of these buildings. The KIB is also seeking input from potential strategic partners
interested in investing in a future remodel of the site. All members of the public are invited to
attend the forum, and you may also share your thoughts by scanning this QR code:
The Mayor, Assembly, and other appointed board/committee members may be
present at this public forum. While a quorum of the assembly and/or other
boards and committees might be present, no substantial deliberations or
decisions are expected to be discussed during this forum.
For additional information, please call (907) 486-9365.
Page 22 of 150
3/4/25, 4:53 PM Additional Flyer - Join In -Person QR Code.png (1080x1080A GENDA ITEM #11.A.
PUBLIC FORUM
SIGNAL HILL [MENTAL HEALTH] BUILDINGS
The Kodiak Island Borough is seeking input from the community and potential
strategic partners interested in investing in a future remodel of the site.
JOIN US IN -PERSON =@jR= TAKE OUR SURVEY ONLINE!
Come collaborate and brainstorm
ideas! Your voice matters, and we
appreciate your time in shaping the
future of this space!
591)OPM
Tuesday
March25,2025
Kodiak Fishery
Research Center
301 Research Court, Kodiak, AK
0 (Touch Tank Building)
Use the link below or the OR Code below:
https://forms.office.com/r/MOH6SEPGvh
Page 23 of 150
https://kodiakak.civicweb.netidocument/292323/Additional Flyer - Join In -Person QR Code. png?handle=C60C9426E7934AF6BB8377A6CEBCCFBF 1/1
AGENDA ITEM #11.A.
KODIAK
�. ISLAND BOROUGH KODIAK ISLAND
A L A S K A M
Office of Emergency Management
2160 Mill Bay Rd, Kodiak, AK 99615
Press Release
FOR IMMEDIATE RELEASE
Scheduled Test of Emergency Alert Systems: Tsunami, Chemical, and General Siren Alarms
27 February 2025 Kodiak Island Borough and City On 23 April 2025, at 2:00pm, The Kodiak
Island Emergency Management Office will conduct a comprehensive test of its emergency alert
systems to ensure public safety. The test will include the following alarms:
Tsunami Alarm
Chemical Alarm
General Alarm
This test is part of routine procedures to improve the community's preparedness and ensure the
efficient functioning of emergency alert systems. During the test, residents will hear the different
sirens, but it is important to note that these are simulated drills, and no action is required. If there
is an actual emergency during the test, all alarm testing will be stopped, followed by a voice
prompt stating "this is not a test, this is not a test" followed by the appropriate alarm.
Key Details:
Date & Time of Test: 23 April 2025 at 2:00pm
Testing Purpose: To test the readiness of emergency notification systems
Audience: All residents within the Kodiak Island Borough and the City.
"We want to ensure that in the event of a real emergency, our community will be prepared and
well-informed," said Rich Gonzalez, Emergency Manger for Kodiak Island. `Tests like these
help us to improve our systems and maintain an effective line of communication with the
public."
Media Contacts:
KVOK, KMXT, Kodiak Daily Mirror
Page 24 of 150
AGENDA ITEM #11.A.
LEGISLATIVE REPORT #ZS-
Senate Majority Proposes Fiscal Plan Elements
• The Senate majority recently introduced new measures to address the state's fiscal challenges.
Facing a projected FY25—FY26 deficit of more than $500 million, couple with their stated intent
to provide sufficient and sustainable funding for K-12 education, the majority intends to have
a serious discussion about revenue measures. Senate Bill No. 109 sponsored by Senator Lyman
Hoffman (D-Bethel), along with the other six members of the Senate Finance Committee, is a new
attempt to rewrite the formula governing the amount of the annual permanent fund dividend.
This version calls for a split of the annual draw from the Earnings Reserve Account of the
Permanent Fund with 75% available to fund government services and the other 25% used for
the annual dividend payment. Applying this formula for FY 2026 results in a 2025 dividend of about
$1,420 per person, leaving nearly $2.8 billion to fund state services. While this measure helps answer
how much is available for dividends and services, current estimates are clear than as much as $500
million in new revenue is needed to address the projected deficit and provide new money for K-12.
Using the 75/25 formula and funding the equivalent of $1,000 increase in the Base Student Allocation
(BSA) suggests more than $700 million in additional revenue is needed.
• In a continued effort to address the state's deficit, the Senate majority proposed two
additional revenue measures last week. Senate Bill No. 112, sponsored by the Senate Rules
Committee, reduces a state North Slope oil production tax credit by $3 per barrel. It also prevents
producers from claiming more in production tax credits than they spend on capital investments each
year. Similar legislation previously considered was projected to raise approximately $400 million
annually.
• Senate Bill No. 113, also sponsored by the Senate Rules Committee, updates the Multistate Tax
Compact and imposes the corporate income tax on some out-of-state businesses that operate
online. The measure is estimated to raise between $25 million and $65 million per year. This bill is
scheduled for a hearing on March 61h in Senate Finance.
K-12 Education Funding Legislation Likely Moving Soon
As school districts across the state adopt new budgets for the upcoming school year trying
to accommodate sizeable deficits, work has slowed in Juneau to pass legislation to provide a
significant and sustainable increase with the majorities in each body wanting an increase
inside the BSA. House Bill No. 69 by Rep. Rebecca Himschoot (I-Sitka) has moved through the
committee process in the House and is now in the House Rules Committee. HB 69 increases the
BSA by $1,808 spread over three years and adds inflation -proofing starting July 1, 2025. The
bill is scheduled for a hearing in the Rules Committee on March 5 and is expected to go to the floor
soon. Changes are expected to reduce funding amounts and adopts some policy ideas.
Governor Dunleavy recently indicated he would veto the House bill in its current form but
does support separate negotiations between the two bodies and his staff. There are mixed
signals about whether any progress has been made with this process. Assuming passage of the
House bill, the Senate will start work on this measure. While the Senate majority supports a
meaningful BSA increase, it appears the Senate version will not include inflation -proofing
and will have a lower BSA increase nearer the $680 figure that districts received in the current
fiscal year in one-time money.
Mark Hickey & Andrea Watts March 2, 2025
Page 25 of 150
AGENDA ITEM #11.A.
Congressman Nick Begich Addresses Legislature
• On February 201', U.S. Congressman Nick Begich III (R-Alaska) delivered his inaugural address to a
joint session of the 34th Alaska State Legislature. A copy of his speech can be found here and a
recording of the address can be found here. Begich emphasized a vision for Alaska's economic
growth, energy independence, and reduced federal dependency, as outlined below:
• Energy Independence and Resource Development: As Vice Chair of the House Energy and Mineral
Resources Subcommittee, Begich underscored the urgency of harnessing Alaska's natural resources to
achieve "energy dominance." He advocated for development projects such as the Alaska LNG initiative,
aiming to reduce foreign energy reliance and stimulate job creation.
• Infrastructure and Economic Diversification: Addressing infrastructure, Begich stressed the importance
of enhancing Alaska's transportation networks, including roads, the development of Port MacKenzie and
upgrades to the Port of Alaska and aviation facilities. He also expressed support for continued federal
funding for the Alaska Marine Highway System, "a lifeline for so many coastal communities."
• Federal Dependency and Fiscal Responsibility: Begich expressed concern over Alaska's heavy
reliance on federal funding, particularly in light of recent federal spending cuts and program freezes under
the Trump administration. He called for a shift towards greater private sector involvement to diversify the
state's economic base and reduce federal dependency. Begich emphasized that in the long run current
government spending levels are unsustainable and advocated for fiscal responsibility.
• Support for Essential Services and Relief Funds: Begich did voiced support for maintaining essential
services. He pledged to back the Essential Air Service program and to expedite the distribution of
fisheries disaster relief funds, recognizing their critical role in supporting Alaskans.
Other Capitol News
• DOT/PF releases Draft AMHS 2045 Long -Range Plan: The Alaska Department of Transportation
& Public Facilities (DOT/PF) released its Draft Alaska Marine Highway System (AMHS) 2045
Long -Range Plan, soliciting public input. The plan can be found here. Comments can be
submitted here through Sunday, March 30, 2025. The public is also invited to attend a Zoom webinar
on Wednesday, March 19 at 12 PM to hear about the plan.
• DOT/PF 2024-2027 STIP Amendment #2: DOT/PF also released Amendment #2 to the 2024-2027
Statewide Transportation Improvement Program (STIP) for public review and comment. More
information can be found at this site, including a link to the document and instructions on how to
submit comments. Comments can be submitted through Thursday, March 20. Funding is included
for the MN Tustumena Replacement Vessel with construction bidding planned for fall 2025.
Governor Proposes Bill to Legalize Fish Farminq: Governor Dunleavy introduced House Bill
No. 111 and Senate Bill No. 108, proposals to lift the state's 35-year old ban on fish farming.
The legislation prohibits the farming of salmon, but allows fish such as tilapia, catfish, or carp. While
Dunleavy claims the legislation would "yield new jobs, economic growth, and a new food source for all
Alaskans," Reps. Bryce Edgmon (I -Dillingham) and Louise Stutes (R-Kodiak) argued that `9ifting
a ban on freshwater finfish farming sends the wrong signal, at the wrong time" and "provides a
foot in the door for possible salmon farming in Alaska."
Congress Considering Sweeping Medicaid Cuts: A recent budget resolution to extend tax cuts
was passed by the U.S. House of Representatives last week, calling for $800 billion in reductions to
Medicaid and other programs over the next ten years. According to Representative Andy Josephson
(D-Anchorage), Co -Chair of House Finance, Alaska stands to lose an estimated $1.15 billion in
federal Medicaid funding, impacting children, seniors, and individuals with disabilities. One-
third of all Alaska residents receive health care through Medicaid. While Congressman Begich
voted for the budget, Senator Lisa Murkowski (R-Alaska) expressed her concerns.
Mark Hickey & Andrea Watts March 2, 2025
Page 26 of 150
AGENDA ITEM #11.A.
Summary of State Legislation
2025 Ohio State Buckeyes
National Champions'
Below is a list of legislative measures of interest, divided into six main topics:
fiscal measures, general municipal issues, education measures, fishery &
resource issues, energy matters, and election & voting issues. House
measures are described first, followed by Senate measures. Companion bills
(measures in both bodies) are listed together. Priority focus will be on those
likely to get traction. Happy to address other measures if asked. More
information about these measures can be found at Alaska Municipal League
Legislative Tracker or Alaska State Legislature. Check out what your legislators
are doing. New bills are in BLUE, change in status in RED, and passed
bills in GREEN. NOTE: Legislature's website has been down for two days.
Items highlighted in = have not been updated.
Fiscal Measures
Measure
HJR 10 by Schftlo
Summary
Creates a single account In the Permanent Fund and allows no more
Status
Rttfelred State Affairs, Jtfdldaty,
than an annual 6% POW drew.
Finance
HB 53/SB 56 by governor
FY 2026 Operating Budget: Both versions propose flat funding with no
HB 53 pending House Finance
added one-time money for K-12. Funds school debt reimbursement at
SB 56 heard public testimony
100%. Flat funding for the Alaska Marine Highway System.
Senate Finance 2/26, 2127
HB 54/S8 57 by governor
FY 2026 Capital Budget: Minimal proposal at this point. No money
HB 54 pending House Finance
Included for K-12 major maintenance projects.
SB 57 pending Senate Finance
SJR 2 by Claman
Proposes constitutional amendment to change veto override threshold
Pending State Affairs
from 3/4ths to two-thirds of legislature
SUR 5 by Kaufman
Proposes constitutional amendment to convert the Permanent Fund to
Pending Judiciary
a single account with a maximum 5.5% POMV allowed. Places
dividend In the constitution with formula subject to voter approval.
SB 24 by Stevens
Proposes state retail tax of 25% on e-cigarette products and changes
SB 24 scheduled Senate L&C 3/3
HB 49 by Hannan
the age to use tobacco from 19 to 21 for possession.
HB 49 moved out House L&C 2/17
SB 92 by Yundt
Proposes a 9.4% tax on Income over $5 million earned by S corpora-
Scheduled Resources 313
tions. The bill targets Hllcor the company that runs Prudhoe Ba .
SB 96 by Senate Rules
Extends sunset date for education tax credits Fixes legal problem with
Pending Labor & Commerce
similar bill passed last year
813109 by Hoffman
Institutes a 76/25 split of the annual permanent fund draw between
Scheduled Finance 3/6
entire committee
state services and the dividend.
SB 112 by Senate Rules
Reforms Alaska's per barrel oil tax credit to increase state revenue and
Referred Resources, Finance
tightens its use.
813113 by Senate Rules
Amends state's corporate income tax to Include online sales from
Scheduled Finance 3/6
outside corporations.
General Municipal Issues
Mark Hickey & Andrea Watts March 2, 2025
Page 27 of 150
AGENDA ITEM #11.A.
Measure
Summary
Status
HB 41 by Allard
Pisces Alaska permanently on daylight saving time If federal law
HB 41 pending House STA
SB 26 by Merrick
changes are enacted by Congress.
SB 26 pending Senate CRA
HB 42 by Allard
Eliminates moratorium on ability to issue new debt using the school
HB 42 pending Education
bond debt reimbursement program
HB 601SB 67 by governor
Increases purchase price differential for required in -state purchases of
HB 60 heard/held House L&C 2/21
food & fishery products by the state, municipalities & school districts,
SB 67 pending Senate RES
HB 107 by Tomaszewski
Allows school districts and other public employers to participate in the
Pending Finance
Supplemental Benefits System
HB 108 by Rauscher
Provides certain peace officers a choice between a defined benefit
Referred STA, L&C, FIN
pension versus the current 401 k Ian.
SJR 3 by Claman
Proposes constitutional amendment to limit regular sessions of the
Pending Judiciary
legislature to 90 days
SB 10 by Dunbar
Requires state to procure a family leave insurance plan, Political
Pending Labor & Commerce
subdivisions may elect to join.
SB 21 by Wielechowski
Creates Alaska Word & Save Program for employees who are not part
Pending Labor & Commerce
of a qualified retirement plan.
SB 27 by Kiehl
Allows teachers & other public employees a choice between a defined
Pending Labor & Commerce
benefit DB ension versus the current defined contribution DC Ian.
SB 28 by Gtessei
Provides defined benefit plan for all new public employees, and a
SB 28 pending Senate L&C
HB 78 by House Finance
choice for current employees between the new DB option versus
HB 78 pending House FIN
current DC plan.
SB 34 by Gibssel
Repeals 90-daysession limit.
Pending State Affairs
SB 42 by Gray -Jackson
Omnibus law enforcement reform bill adding required municipal police
Pending Community & Regional
officer standards and reporting of incidents of use of force.
Affairs
SB 50 by Dunbar
Amends state law to require a housing plan under the comprehensive
Scheduled Labor & Commerce 3!3
plan requirement for first and second class boroughs.
SB 53 by Gray -Jackson
Imposes accreditation standards for law enforcement agencies in
Pending State Affairs
Alaska including a municipal police department
SB 55 by Stedman
Increases TRS employer contribution rates from 12.56% to 14.56%,
Pending Labor & Commerce
(DB) or 7%n to 9% (DC). Requires all TRS/PERS employers to
participate in SBS system for those not in social security.
SB 63 by Cronk
Changes makeup of Local Boundary Commission to require one
Moved out Community & Regional
member from unorganized borough Requires members from each
Affairs 2/18
udtcial district to live and vote in that district.
SB 81 by Stedman
Imposes contribution requirement on TRS/PERS employers for past
Scheduled Labor & Commerce 3/3
service liablll . Likely contradicts current requirement for state to cover.
Education Measures
Measure
HJ>R 5 by Bynuhr
Resolution urging Congress to reinstate the Secure Rural Schools &
Moved out Education 2/17
trommuril Self -Determination Act.
HB 9 by Carrick
Requires schools to provide children with disabilities with medically
Pending Education
necessary services at school.
HS 12 by Dibert
Requires school districts provide free breakfast and lunch subject to
Heard & held Education 2/24
appropriation.
HB 28 by Story
Establishes a student loan repayment pilot program at the
Heard & held Education 2124
Commission on Postsecondary Education.
HB 38 Sy Saddler
Allows SBS participation by TRS employees for those not in social
Pending L&C
security.
HB 39 by Allard
Requires DEED to establish a centralized program for deaf students
HB 39 pending House EDC
SB 8 by Gray -Jackson
with residential services
SB 8 pending Senate EDC
HB 40 by Allard
Districts must designate sports team as male, female or co-ed &liars
Bending JGdielary
trans ender g1ris from femalesports.
HB 57 by Fields
Requires DEED to adopt policy prohibiting use of nonschool -issued
HB 57 scheduled House EDC 315
SB 18 by Wielechowski
wireless telecommunication devices at public schools with some
SB 18 pending Senate Education
exceptions
Mark Hickey & Andrea Watts 19 March 2, 2025
Page 28 of 150
AGENDA ITEM #11.A.
Measure
HB 591SB 66 by governor
Establishes a five-year pilot program for state -tribal education compact
H6 59 pending House TRB
schools working with five tribes.
SB 66 pending Senate EDC
HB 69 by Himschoot
Increases BSA by $1,808 spread over three years Adds inflation-
Scheduled Rules 3!5. new CS or
proofing starting July 1, 2025.
amendments expected
HS 761SB 82 by governor
Omnlbus education bill on charter school approval, cell phone bans,
HB 76 pending House EDC
allowing open enrollment and several funding Initiatives outside the
SB 82 scheduled Senate EDC 3/3
BSA,
HB 98 by Fields
Establishes maximum K-12 pupil -teacher ratios for certain classrooms
Pending Education
at public schools.
HB 112 by Bynum
Provides a special appropriation of $680 more in the Base Student
Pending Finance
Allocation for FY 2026.
HB 122 by Prax
Eliminates the mandatory Required Local Contribution from K-12
Referred Education, Finance
Foundation Formula.
SB 3 by Hughes
Requires school districts to allow arming of individuals If requested
Pending Education
sub ect to various requirements.
SB 6 by Gray -Jackson
Requires education in history & contributions of Asian Americans and
Heard & held Education 2/17
Pacific Islanders in the U.S.
SB 10 by Dunbar
Requires state to procure a family leave Insurance plan. Political
Pending Labor & Commerce
subdivisions may elect to join.
SB 20 by Gray -Jackson
Requires DEED to develop and implement education of public
SB 20 pending Senate Education
HB 92 by Gray
students with hands-on CPR training.
HB 92 pending House EDC
SB 22 by Wielechowski
Requires school districts to provide all high school students a financial
SB 22 moved out Senate EDC 2/26
HB 90 by Eischeid
literacy education course.
HB 90 pending House EDC
SB 23 by Stevens
Adds civics exam requirement to graduate from secondary school.
SB 23 moved out Senate EDC 2/26
SB 41 by Gray -Jackson
Directs DEED to develop guidelines for mental health instruction In
Moved out Senate EDC 2/26
HB 105 b .Galvin
consultation with the Health department and others.
HB 105 pending House EDC
Changes K-12 education funding mechanism by eliminating the public
Scheduled Education 3/5
education fund. Proposes other foundation formula changes.
SB'93 by Tobin
Ambnds foundation formula to count a student in early education as a
Heard & held Education 2/26
full-time equivalent student.
SB 101 by Gray -Jackson
Requires DEED to establish a health and personal safety program for
Pending Education
K-12 public schools.
Fishery & Resources Issues
Measure
Summary
Status
HB 3'I by Stutes
Exempts commercial fishing vessels with valid licenses from numbei Ing
and registration provisions.
HB 33 by Stutes
Allows members of Game or Fisheries Boards to deliberate and discuss
Moved out Fisheries 2/18
matters if they or a family member have a personal or financial interest.
HS 93 by Himschoot
Changes hunting, trapping and sport fishing residency requirements to
Heard & held Fisheries 2/18
match allowable absences to receive a permanent fund dividend.
HB 111/SB 108 by
Authorizes finfish farming in freshwater for fish such as tilapia, catfish,
HB 111 referred House FSH, RES
governor
or carp Prohibits the farming of salmon
SB 108 referred Senate RES. FIN
HB 116 by House FSH
Exempts cooperative agreements for commercial fishing from Insurance
HB 116 scheduled House FSH 3/6
SB 115 by Senate RLS
regulation. Submitted on behalf of Seafoods Industry Task Force.
SB 116 referred Senate L&C FIN
HB 117 by House FSH
Allows set gillnet entry permit holders to fish cooperatively. The
Referred Fisheries, Resources
cooperative can consist of no more than 10 permit holders.
SB 29 by B orkman
Adds executive director for Big Game Commercial Services Board.
Moved out Resources 2/17
SB 80 by Senate Labor &
Extends termination date of the Big Game Commercial Services Board
Scheduled Finance 3/6
Commerce
from June 30, 2024. to June 30. 2032.
SB 97 by Senate Rules
Establishes big game commercial concession permit program on state
Pending Resources
land starting with a pilot program. Fixes problem created last year.
Mark Hickey & Andrea Watts March 2, 2025
Page 29 of 150
AGENDA ITEM #11.A.
Energy Matters
Election & Voting Issues
Measure Summary
Status
111§3 16 by Schrage Establishes schedule of campalgri cbrildbidon.lMits for individuals &
Pending State Affairs
groups. Includes inflation adjuster.
HB 21 by Story
Allows voter preregistration for minors at least 16 years of age and
Moved out State Affairs 2/20
keeps the registration confidential.
HU 43 by Schrage
Omnibus reform bill allowing same day registration, ballot tracking &
Pending State Affairs
curing, oats a aid absentee ballots and other reforms.
HB 63/SB 70 by governor
Numerous changes including repeal of PFD voter registration, reducing
HB 63 pending House STA
early voting period, and requiring receipt of absentee ballots by election
SB 70 pending Senate STA
date.
NIB 100 by Fields
Imposes a 5% tak on federal campaign spending In state.
Pending State AMIrs
SB 64 by Senate Rules
Senate majority reform bill includes same day registration, ballot
Pending State Affairs
tracking & curing, postage -paid absentee ballots, and repeal of
signature verification.
Challenges Ahead! Iceberg near Antarctic Peninsula.
Mark Hickey & Andrea Watts March 2, 2025
Page 30 of 150
AGENDA ITEM #14.A.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK
Elevator Corporation In The Amount Of $677,804.45
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Move to authorize the Borough Manager to execute Contract No. FY2025-43 for the Multi
Facility Elevator Modernization with TK Elevator Corporation in an amount not to exceed
$677,804.45.
DISCUSSION:
The Kodiak Island Borough owns two facilities with elevators that need modernizations. The
first is the Providence Kodiak Island Medical Center (PKIMC) and the second is the Kodiak
Middle School (KMS). Both locations have endured multiple shutdowns of the elevators due
to malfunctions and have system replacement parts that are discontinued or are becoming
extremely difficult to procure. Modernizations were selected as the most cost-effective way to
both conserve the existing infrastructure and provide safer, more reliable, elevators to the end
users. To align with the overarching goal of standardizing equipment, controls, and related
systems, these efforts will be treated as two distinct projects but managed under one single
contract.
Staff issued a request for proposals for this project January 6, 2025, advertised for the
designated three weeks per KIB Code 3.30.040, and bids were due February 4, 2025. There
was a mandatory pre -bid meeting held on January 22, 2025, and there was only one
contractor in attendance. At the proposal opening staff received one proposal package. Staff
sent the submitted proposal package to the Architectural Review Board (ARB) for review.
Following the review of the proposal Staff and the ARB determined that TK Elevator
Corporation is a responsible bidder and recommends award to them.
Proposal includes an estimated total cost of $677,804.45 and estimated total out -of -service
time of 9 weeks.
• PKIMC estimated cost $437,828.45 with a total out -of -service time of 6 weeks.
• KMS estimated cost $239,976.00 with a total out -of -service time of 3 weeks.
ALTERNATIVES:
1. Take no action.
2. Reject proposals.
FISCAL IMPACT:
PKIMC Elevator Modernization is estimated to cost $437,828.45 and funding will come from
the PKIMC R&R Funds.
KMS Elevator Modernization is estimated to cost $239,976.00 and will be funded from the
School Major Repair Funds.
Kodiak Island Borough
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AGENDA ITEM #14.A.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
OTHER INFORMATION:
Previously advertised as separate contracts, spring of 2024, that were withdrawn for
revisions.
Link to the Full Request for Proposal with Addendums 1 and 2, HERE.
Kodiak Island Borough
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AGENDA ITEM #14.A.1.
Kodiak Island Borough - Elevator Modernization RFP
Cumulative AVERAGE Scoring Summary
TK Elevator
Corp.
Qualifications
10
9.60
Methodology
20
18.70
Schedule
30
29.60
Price
40
39.00
TOTAL
100
1 96.90
Spreasheet Created by P.Valerio 2/14/2025
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AGENDA ITEM #14.A.1.
KODIAK ISLAND BOROUGH
REQUEST FOR PROPOSALS
Multi Facility Elevator Modernization
KMS 24003 & PKIMC 24004
Contract FY2025-43
January 6, 2025
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
(907) 486-9341
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AGENDA ITEM #14.A.1.
TABLE OF CONTENTS
REQUESTFOR PROPOSALS...................................................................................................... 3
REGISTRATIONFORM............................................................................................................... 4
Introduction...............................................................................................................................
5
ImportantDates.........................................................................................................................
5
Scopeof Work..........................................................................................................................
5
Proposal Documentation...........................................................................................................
7
Submittalinformation...............................................................................................................
8
Evaluation and Selection...........................................................................................................
9
Contract...................................................................................................................................
10
BondingRequrements.............................................................................................................
11
Insurance Requrements...........................................................................................................
11
Other Administrative Information..........................................................................................
11
ATTACHMENT A — PROPOSAL COVER PAGE.....................................................................
14
ATTACHMENT B — PRICE AND BID SCHEDULE.................................................................
15
ATTACHMENT C - AGREEMENT...........................................................................................
16
Corporate Acknowledgement.................................................................................................
19
Labor and Material Payment Bond.........................................................................................
20
PaymentBond.........................................................................................................................
22
PerformanceBond..................................................................................................................
23
ATTACHMENT D — CLOSING DOCUMENTS........................................................................
24
Contractor Certificate of Substantial Completion...................................................................
24
ContractRelease.....................................................................................................................
25
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AGENDA ITEM #14.A.1.
REQUEST FOR PROPOSALS
[Invitation]
Multi Facility Elevator Modernization
Proposals will be received until 2:00 pm (local time) on February 4, 2025, by the Kodiak Island Borough
(Borough) for Multi Facility Elevator Modernization.
Request for Proposal documents are available electronically through our website: www.kodiakak.us.
Interested Proposers should complete the online Registration Form when obtaining the Request for Proposal
documents from the borough's website, or provide the name, email address, and phone number of the
Proposer's representative to the above -named contact. Registration ensures that all interested Proposers
receive any addenda or other important updates to this Request for Proposals.
Contact information for questions regarding this request for proposals:
David Conrad, Director
Codi Allen, Project Manager
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9341
Fax: (907) 486-9394
EFproj ects(&kodiakak.us
Proposals will be received until the date and time stated above by delivery in a sealed proposal package in
the format requested. Proposals received after the time stated above will be returned unopened.
Submit Proposals to:
Office of Finance
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Envelopes must be clearly marked: Multi Facility Elevator Modernization.
The Kodiak Island Borough reserves the right to reject or accept any or all proposals, to waive irregularities
or informalities in the proposals, to cancel the procurement at any time prior to contract signing, and to give
particular attention to the qualifications of the proposer.
Aimee Williams, Borough Manager
January 6, 2025
Publish: Kodiak Daily Mirror
January 8, 13, & 20, 2025
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AGENDA ITEM #14.A.1.
IMPORTANT
REGISTRATION FORM
MANDATORY
In order to receive addenda and any other information which may impact or alter the specifics of this
Request for Proposals, please fill out the contact information below and return to the Kodiak Island
Borough.
ONLY REGISTERED PARTIES WILL RECEIVE NOTIFICATIONS.
Contact Information
Name of Company:
Contact Name:
Street Address:
City, State, Zip:
Phone Number:
Fax Number:
Email:
Return this form via fax, email, regular mail, or hand delivered to the following location:
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9341
Fax: (907) 486-9394
Email: EFprojects(g,kodiakak.us
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AGENDA ITEM #14.A.1.
INTRODUCTION
The Kodiak Island Borough (Borough) is requesting proposals from qualified contractors for elevators
modernizations at the Providence Kodiak Island Medical Center (PKIMC) and the Kodiak Middle School
(KMS).
Registration required. All Proposers must register prior to submitting proposals. Proposals from
unregistered respondents will not be accepted.
A. Pre -Proposal Meeting: A mandatory preproposal meeting will be held on January 21, 2025, at
10:00am, to start at PKIMC, 1915 E. Rezanof Dr., Kodiak, AK 99615, once walk around complete
at PKIMC, then move to KMS at 722 Mill Bay Road, Kodiak, AK 99615 (Meet at Maintenance
Shop). providing an opportunity for Proposers to ask questions about the project.
B. For questions and clarifications regarding this Request for Proposals, Engineering Projects Office,
Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615, telephone 907-486-9341 or
email EFprojectsakodiakak.us until the question deadline of 2:00pm local time, January 24, 2025.
Individual responses will not be provided, all questions and responses will be released as an
addendum.
IMPORTANT DATES
The following timeline shall apply:
Issue Date:
Pre -proposal Meeting:
Questions Deadline:
Proposal Deadline:
Proposal Evaluations:
Interviews/Negotiations:
Notice of Intent to Award:
Protest Period:
Anticipated Contract Approval:
January 6, 2025
January 21, 2025, at 10:00 AM
January 24, 2025, at 2:00 PM
February 4, 2025
Week of February 10, 2025
Week of February 10, 2025
February 18, 2025
February 18 — 28, 2025
March 6, 2025
The Kodiak Island Borough reserves the right to modify or extend this timeline.
SCOPE OF WORK
A. Introduction.
The Borough desires to contract with an Elevator Modernization Contractor to perform elevator
modernization in accordance with State of Alaska Elevator regulations and Elevator Code requirements
(ASME A17.1).
B. Background.
The Kodiak Island Borough owns two facilities with elevators that need modification. The first is the
Providence Kodiak Island Medical Center (PKIMC) and the second is the Kodiak Middle School
(KMS). To align with the goal of standardizing equipment, controls, and related systems, these efforts
will be treated as two distinct projects but managed under a single overarching contract. This unified
approach aims to ensure the use of similar equipment and controls across both locations. To ensure
clarity and transparency, all schedules of values, billing, and proposals must explicitly delineate the
two locations. Each proposal should break down costs, labor, and/or materials separately for each site,
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AGENDA ITEM #14.A.1.
reflecting the distinct scope of work at each location. Similarly, the schedule of values should itemize
these details per location, ensuring accurate billing and ease of tracking expenses and schedules
associated with each site.
Both modernizations can occur simultaneously; however, if they are to be completed sequentially,
PKIMC is priority one and KMS is priority two. Both modernizations must be completed under the
same contract timeline (see Section D. Time to Complete Project).
PKIMC has a 1995 dual shaft Dover hydraulic elevator system with two cars. The elevators have been
having increasing technical and mechanical difficulties which has been causing a risk to the patients
and care takers at the hospital.
KMS has a 1984 single shaft Otis hydraulic elevator. The elevator is antiquated and has had many
issues with normal operations.
C. Scope of the Project.
The successful Proposer shall be required to furnish all equipment, machinery, transportation, and other
implements necessary to execute the contract. Proposer's Proposal should include an outline of the type
of equipment, which the Proposer intends to use to ensure Proposer has sufficient equipment and
supplies for the provision of services contemplated in this request for proposals.
The Proposer should propose a plan as to how the modernization services and any suggested and/or
maintenance services will be performed. The plan should include the number of personnel, which will
be used to execute the services and when the services will be performed, and estimated time to complete
each service. The Proposer is specifically advised that any person, firm, or other party to whom it is
proposed to award a subcontract under this contract must be approved by the Borough. In the event
Proposer plans to subcontract any portion of the work, Proposer shall indicate in its plan the identity of
the subcontractor(s) and the role of said subcontractor(s).
The Borough is seeking a qualified and experienced individual or firm to:
PKIMC
Modernize the elevator and all associated components in accordance with the State of Alaska Codes
and Elevator Regulations (ASME At7.1) as well as provide special focus on:
• Add a sump pump and drain to elevator pit.
• Add fourplex GFCI outlets on either side of the elevator pit.
• Clean out the elevator pit of spilt hydraulic fluid.
*One shaft must always remain operational while modernization is underway.
KHS
Modernize the elevator and all associated components in accordance with the State of Alaska Codes
and Elevator Regulations (ASME At7.1), as well as provide special focus on:
• Replacing the door actuator.
• Adding lighting above the car.
• Adding a sprinkler head and associated piping below the elevator car.
• Adding a GFCI outlet in the elevator pit.
D. Time to Complete Project.
The Kodiak Island Borough is expecting 11 or 12 weeks from start of work to completion of
modernization. The Proposer shall complete Attachment B, Price and Schedule, which will outline
the proposed timeline for each elevator modernization and a total anticipated downtime.
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AGENDA ITEM #14.A.1.
Proposer's schedule should be outlined in -accordance -with Attachment B and reflect a downtime for
the modernization at both locations, separately. This schedule should consider the need for one shaft
always remaining operational while modernization is underway at the PKIMC location.
E. Exhibits.
The following exhibits are attached to this solicitation:
• Exhibit A - PKIMC Elevator Drawings
• Exhibit B - KMS Drawings
PROPOSAL DOCUMENTATION
Proposal Cover Page Signed by a person authorized to bind the respondent.
Cover Letter 1-page suggested maximum
Response to Criteria 5 pages suggested maximum
Qualifications of Proposer 1-2-page suggested maximum
Price Proposal Per instructions
A. Proposal Cover Page
Fill and sign Attachment A, Proposal Cover Page provided and include it in the front of the
proposal package.
B. Cover Letter
In the cover letter, the respondent should:
1. State its understanding of the services to be performed.
2. Explain why the respondent firm is the best qualified to provide those services, Including
a description of the Proposer's business activities, and a description of the Proposer's
business qualifications,
3. State why the respondent firm is most likely to help the Kodiak Island Borough achieve
the goals outlined in the Project Scope of Work portion of this Request for Proposals; and,
4. Provide the name and contact information of the individual who is authorized to make
representations and commitments on behalf of the respondent.
C. Response to Criteria
The narrative response to the Selection Criteria should specifically and accurately address each
criterion in the order listed in this proposal. The proposal should reflect the distinct scope of work
at each location. Project and individual experience must be verifiable by listed references. It is the
responsibility of the Proposer to make certain that contact information is current. Content should
include:
1. A summary description of the key components that will be included in the modernization
of the elevators based on location.
2. The proposed methodology for addressing the scope of this RFP based on location.
3. A description of any intended use of subcontractors,
4. A description of experience with similar projects, particularly in the public sector in
Alaska, and
5. Reference contact information of at least two but no more than four other organizations for
work performed on similar projects.
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AGENDA ITEM #14.A.1.
D. Qualifications of Proposer
The Proposer shall state their qualifications as a professional Elevator Modernization Contractor,
by completing and submitting proof of qualifications, licensure, etc. in accordance with the State
of Alaska Codes and Elevator Regulations (ASME A17.1).
If any services are expected to be subcontracted, the Proposer shall also provide all the above
information for the subcontractor(s).
E. Price Proposal
The proposal should break down costs, labor, and/or materials separately for each site, reflecting
the distinct scope of work at each location. The price proposal information shall be included as a
separate document clearly marked within the proposal. Lumpsum pricing will be used in the
evaluation and selection process in accordance with the evaluation criteria and should be outlined
in -accordance -with Attachment B, Price and Schedule, and reflect a lump sum cost for the
modernization at both locations, separately.
Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows the requirements of AS
36.05.070 and AS 36.05.080, the following provisions are included where applicable. See
attached Links: hltp:Hlabor.state.ak.us/lss/pamp600.htm &
http://Iabor.alaska.gov/lss/forms/Pam4OO.pd
Proposal contents, including price, shall be valid for a period of 90 days from the submission
deadline.
SUBMITTAL INFORMATION
To be considered, respondents must deliver proposals to the address stated herein on or before the deadline.
A. Submittal Deadline.
Proposals will be accepted until February 4, 2025, 2:00 local time.
B. Submittal Address.
Hand Delivery, Courier, or U.S. Mail:
Proposals shall arrive in a sealed envelope or box including one original and a USB drive with a digital
copy, and clearly addressed as follows:
Kodiak Island Borough
Attn: Finance Department
710 Mill Bay Road
Kodiak, Alaska 99615
RE: Sealed Proposal, Multi Facility Elevator Modernization
Respondents should allow adequate time for mailing or special delivery of proposals. Kodiak is
considered a remote location and, as such, mail and special deliveries by couriers such as UPS or FedEx
are commonly delayed beyond the advertised guaranteed arrival of carriers and couriers due to local
weather and flight schedules.
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AGENDA ITEM #14.A.1.
C. Submittal Amendment and Withdrawal.
After depositing a proposal, a Proposer may withdraw, modify, or correct that proposal providing that
the designated representative of the Borough receives the request for such withdrawal, modification, or
correction before the time set for the submittal deadline. The original proposal, as modified by such
written communication, will be considered as the proposal. No changes may be submitted after the
deadline unless specifically requested by the Borough. Any proposal not so timely withdrawn shall
constitute an irrevocable offer, for a period of 90 days to sell to the Kodiak Island Borough the services
described in the attached specifications, or until one or more of the proposals have been approved by
the Kodiak Island Borough, whichever occurs first.
PROPOSALS OR MODIFICATIONS THAT DO NOT ADHERE TO THE ABOVE
INSTRUCTIONS WILL NOT BE ACCEPTED OR OPENED FOR EVALUATION.
EVALUATION AND SELECTION
Selection of a proposal and execution of any agreement for services will be accomplished in accordance
with the Kodiak Island Borough policies and procedures. Proposal contents will remain confidential until
a contract is awarded, subject to subsection F of this section permitting limited release of the successful
proposal after a Notice of Intent to Award. The Borough will select an individual or firm to provide the
services requested according to the following:
A. Minimum Qualifications.
To be considered for selection, Proposers must meet at least the following minimum qualifications:
Alaskan Business License and associated licenses to perform the work (i.e. Elevator Contractor
licensure in accordance with the State of Alaska Codes and Elevator Regulations ASME A17.1).
A Proposer's failure to meet these minimum requirements shall cause their proposal to be
considered non -responsive and their proposal eliminated from further consideration.
B. Criteria.
Proposals will be evaluated on the following criteria:
CRITERIA
POSSIBLE
POINTS
Qualifications
10
Methodology
20
Schedule
30
Price
40
Total Possible
100 points
C. Method.
Proposals will be reviewed and evaluated by a committee comprised of Borough staff members
whose positions include the proper knowledge to evaluate the criteria and the Architectural and
Engineering Review Board (ARB)
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AGENDA ITEM #14.A.1.
D. Preliminary Selection.
Based upon an evaluation of the above criteria, the Borough may select a short list of up to three
(3) individuals or firms for a more in-depth evaluation, reference checks and possible interviews.
The Borough reserves the right to use interviews for negotiations to clarify and assure full
understanding of the requirements of the request for proposals and to obtain last and best offers as
permitted in KIBC 3.30.110(E)
E. Final Selection.
The Borough Staff and ARB will select the preferred individual or firm by considering any factors
it deems necessary and proper for best value, including price, quality of service, responsiveness to
this Request for Proposals, and the general reputation and experience of the respondents. The
selected individual's or firm's proposal will be presented to the Borough Assembly for award. The
Borough reserves the right to cancel the procurement without liability to any proposer, other than
return of any proposal security, at any time before the Agreement has been signed by all parties,
including the Borough.
F. Notice of Intent to Award.
A notice of intent to award will be sent to each Proposer, notifying them of the recommended
selection. After a notice of intent to award has been made a Proposer may receive, on written
request, the summary rating for their proposal. The proposal recommended for award, and the
summary rating for that proposal, will be made available to the public on the Assembly Meeting
Agenda for the date it is to be awarded (www.kodiakak.us). may be made available on written
request after a contract has been entered into. Information identified in a proposal as confidential
proprietary information will be redacted prior to release of that proposal and will not be released.
G. Protest.
Any Proposer may protest the selection by filing a written protest with the Borough Manager within
ten (10) calendar days of the issuance of the notice of intent to award. A protest must identify a
material defect in the procurement process. Disagreement with the ratings is not a sufficient basis
for a protest. Failure to file a timely protest waives the opportunity to protest an award. If a timely
protest is filed, the administrative review process will begin, and a final administrative decision
will occur within thirty (30) working days of the receipt of protest.
CONTRACT
The contract shall be awarded by the Manager or Assembly, as applicable under the Borough Code,
based upon the Borough's standard professional services contract form (Attachment C), to the
individual or firm which, in the Borough's sole judgment, is best suited to perform the services
required. If a protest has been filed, the contract award may be postponed until the protest is
resolved. If the time for protest has not yet expired, the contract may be awarded conditioned on
either no timely protests or resolution of any protests in a manner which allows the award to stand.
Before execution of a contract, the successful Proposer must have a current State of Alaska business
license; and must be in good standing in terms of all taxes, fees, and monies due to the Borough.
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AGENDA ITEM #14.A.1.
BONDING REQUREMENTS
Throughout the term of the Contract, the selected respondent shall maintain in force at their own
expense, and provide to the Borough evidence of bonding as follows:
• LABOR AND MATERIAL PAYMENT BOND
• PAYMENT BOND
• PERFORMANCE BOND
INSURANCE REQUREMENTS
Throughout the term of the Contract, the selected respondent and/or any and all subcontractors
retained by the respondent shall maintain in force at their own expense, and provide to the Borough
evidence of insurance as follows:
Workers' Compensation: As required by AS 23.30.045, for all employees of the Consultant
engaged in work under this Contract. The Consultant shall be responsible for Worker's
Compensation Insurance for any subconsultant who performs work under this Contract. The
coverage shall include:
1. Employer's Liability Protection at $1,000,000 each accident/each employee and a
$1,000,000 policy limit.
Commercial General Liability: On an occurrence policy form covering all operations with
combined single limits not less than:
1. $2,000,000 Each Occurrence;
2. $2,000,000 Personal Injury;
3. $2,000,000 General Aggregate; and
4. $2,000,000 Products -Completed Operations Aggregate.
Automobile Liability: Covering all vehicles used in Contract work, with combined single limits
not less than:
1. $1,000,000 each occurrence.
(If applicable) Professional Liability. The proposer, at his own cost and expense, shall affect and
maintain at all times during the life of the Contract with combined single limits not less than:
1. $1,000,000 each occurrence.
OTHER ADMINISTRATIVE INFORMATION
A. Contact Person
Any information required or questions regarding this RFP should be addressed to:
David Conrad, Director, and
Codi Allen, Projects Manager, and
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6398
Phone: (907) 486-9341
Fax: (907) 486-9394
Email: EFprojects&kodiakak.us
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AGENDA ITEM #14.A.1.
B. Deadline for Receipt of Proposals
Proposals may be mailed, or hand delivered and must be physically received by KIB no later than 2:00
pm prevailing time (AK), February 4. 2025. Faxed or emailed proposals are not acceptable, except
for modifications to proposals. Proposals received after the above proposal submission deadline will
not be considered and will be returned.
C. Proposers' Review and Substantive Questions
Proposers should carefully review this RFP for errors, questionable or objectionable materials and items
requiring clarification. Proposers shall put comments and/or questions in writing and submit them to
the contact persons noted above. Please submit questions by January 24, 2025, at 2:00 pm prevailing
time (AK). This will allow time for an addendum to the RFP to be issued, if required, to all recipients
of the RFP.
D. Solicitation Amendments and Cancellation
The Kodiak Island Borough reserves the right to amend or cancel this solicitation, without penalty, at
its sole discretion.
a. KIB reserves the right to issue written addenda, to revise or clarify the RFP, respond to
questions, and/or extend or shorten the due date of proposals.
b. KIB retains the right to cancel the procurement and the RFP process at any time up until a
contract is signed by all parties, including the Borough, if it is in the KIB's best interest to
do so. KIB shall not be responsible for costs incurred by proposers for proposal preparation.
E. Right to Reject Proposals
The Kodiak Island Borough reserves the right to reject any or all proposals and to waive any informality
or technicality in the interest of the Borough.
a. The K113 reserves the right to request clarification of information submitted, and to request
additional information on any proposal.
b. The KIB may award a contract on the basis only of written proposals received, without
requesting clarification, discussions, or a best and final offer. Therefore, each proposal
shall contain the Proposer's best terms from cost/price and technical standpoints.
F. Disqualification
Factors such as, but not limited to, the following may disqualify a proposal without further
consideration:
a. Evidence of collusion among respondents.
b. Any attempt to improperly influence any member of staff or Assembly.
c. A respondent's default under any type of agreement, which resulted in the termination of
that agreement.
d. Existence of any unresolved litigation between the respondent and the KIB.
G. Proposal Withdrawal and Correction
A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt
of proposals.
H. Retention of Proposals
All proposals and other material submitted become KIB property and may be returned only at KIB's
option.
I. Cost of Proposal Preparation
The Borough shall not be responsible for proposal preparation costs, nor for costs including attorney
fees associated with any (administrative, judicial, or otherwise) challenge to or protest of the award of
contract and/or rejection of proposal. By submitting a proposal each Proposer agrees to be bound in
this respect and waives all claims to such costs and fees.
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AGENDA ITEM #14.A.1.
J. Delivery of Proposals
KIB assumes no responsibility or liability for the transmission, delay, or delivery of proposals by either
public or private carriers.
K. Compliance with Laws
The proposer shall observe and abide by all applicable laws, regulations, ordinances and other rules of
the State of Alaska and/or any political subdivisions thereof, or any other duly constituted public
authority wherein work is done, or services performed, and further agrees to indemnify and save the
Borough harmless from any and all liability or penalty which may be imposed or asserted by reason of
the Contractor's failure or alleged failure to observe and abide thereby.
L. Media Announcements
Any and all media announcements pertaining to this solicitation require prior written approval by the
Borough Manager.
M. Acceptance of Conditions
Submission of a proposal indicates acceptance by the individual or fine of the conditions contained in
this Request for Proposals unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the Kodiak Island Borough and the individual or firm selected.
N. Binding Contract
This solicitation does not obligate KIB or the selected proposer until a contract is signed and approved
by all parties.
O. Disposition of Proposals
All materials submitted in response to this RFP become the property of the Borough. One copy shall of
the submitted material shall be retained for the official files and will become public record after award
of the contract. Should a Proposer claim that a Proposal contains confidential proprietary information
the proposer shall identify any such information at submission of Proposal and request that it be held
as confidential or returned. The Borough is not responsible for release of proprietary information not
identified by the Proposer.
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AGENDA ITEM #14.A.1.
ADDENDUM1
KODIAK ISLAND BOROUGH
Multi Facility Elevator Modernizations
Kodiak, AK
January 15, 2024
TO ALL PLAN HOLDERS OF RECORD:
This addendum forms part of and modifies the contract documents as noted below. Bidders must
acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form.
Failure to do so may submit Bidder to disqualification.
This addendum consists of 1 page.
RESPONSES TO BIDDER QUESTIONS:
QUESTION 1: Would it be possible to move the mandatory walk-through to Wednesday January 22?
RESPONSE 1: Yes, due to consideration of the holiday on Monday January 20th and the
available flight times.
Mandatory Pre -Proposal Meeting Date & Time Change:
January 22, 2025, at 9:00am starting at PKIMC, 1915 E. Rezanof Dr., Kodiak, AK, 99615
END OF ADDENDUM NO. 1
KODIAK ISLAND BOROUGH
Multi Facility Elevator Modernizations
ADDENDUM NO. 1
PAGE 1
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AGENDA ITEM #14.A.1.
ADDENDUM
KODIAK ISLAND BOROUGH
Multi Facility Elevator Modernizations
Kodiak, AK
January 17, 2024
TO ALL PLAN HOLDERS OF RECORD:
This addendum forms part of and modifies the contract documents as noted below. Bidders must
acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form.
Failure to do so may submit Bidder to disqualification.
This addendum consists of 1 page.
NOTICE to all potential proposers regarding the Mandatory Pre -Proposal Meeting:
Mandatory Pre -Proposal Meeting is scheduled for Wednesday January 22, 2025:
- 9:00 AM - The Pre -Proposal Meeting will begin at Providence Kodiak Island Medical Cetner
(PKIMC) 1915 E. Rezanof Dr. Kodiak, AK 99615. All visitors are required to check in at
the front desk and obtain a visitor sticker. KIB staff will meet attendees at the front desk
area.
- Once the visit is complete at PKIMC, the group will meet at the Kodiak High School main
office, 722 Mill Bay Road, Kodiak, AK 99615. All visitors are required to check in at the
front desk at the Kodiak High/Middle School.
END OF ADDENDUM NO. 2
KODIAK ISLAND BOROUGH
Multi Facility Elevator Modernizations
ADDENDUM NO. 2
PAGE I
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 48 of 150
AGENDA ITEM #14.A.1.
ATTACHMENT A
PROPOSAL COVER PAGE
Multi Facility Elevator Modernizations
KODIAK ISLAND BOROUGH
710 Mill Bay Road
Kodiak, AK 99615
ACKNOWLEDGMENTS
1 certify that I am a duly authorized representative of the firm listed below and that information and
materials enclosed with this proposal accurately represent the capabilities of the office listed below for
providing the services indicated. The Borough is hereby authorized to request any owner identified in this
proposal to furnish any pertinent information deemed necessary to verify information provided or regarding
reputation and capabilities of the firm.
AMENDMENTS
The Proposer represents to the Borough that it has relied upon no oral representations from the Borough in
the preparation of this proposal. If any amendments are issued to this RFP, the Proposer must acknowledge
the receipt of such amendments in the space provided on the line below. Failure to acknowledge receipt of
amendments shall render the proposal non -responsive and it will not be evaluated.
Amendment Acknowledgment Number(s):
ORIGINAL SIGNATURE
Acknowledgment sheet must be manually (original signature) signed. A proposal shall be rejected when
the proposal is not signed by hand.
Office address for which this
. tj ure of Representative submittal is made:
Date: j/� 117 5-
Name: ICE �Ii� Ls S
Title: a 14A4' Z'
Firm: DX Eltvu Err
Type of Firm (check one)
Individual
Partnership ((��
Corporation in the State of: 1�Aak-�r'�
Other (Specify):
Street:,QW0 01', 4fP0,4 V.
P. O. Box: _�Tz n 6,
City, State, Zip: A,,1e,4�� of 5®a
Telephone: 907 30 6 077 S
AK Business Lic. No. a I �)20 (1 0
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 49 of 150
AGENDA ITEM #14.A.1.
TK Elevator Corporation, Anchorage AK
KODIAK ISLAND BOROUGH
Elevator Technology
710 Mill Bay Road
Kodiak, AK 99615
1/30/2025
Page t of 1
Re: Multi Facility Elevator Modernizations
TK Elevator Corporation (hereinafter "TK" or "TK Elevator") is dedicated to
delivering Kodiak Island Borough School District (hereinafter "Purchaser") the
safest, highest quality vertical transportation solutions. We are one of the largest
elevator contractors in the state, performing maintenance, repairs, modernization,
as well as new installation. I am pleased to present this customized Proposal (the
"Proposal") in response to the Borough's RFP. Our modernization packages are
engineered specifically for your elevator systems.
Benefits of Modernization include:
• Increased durability and reliability
• Improved fire and life safety features
• Reduced energy consumption
• Reduced operational cost
• Reduced troubleshooting time
• Remote monitoring for more first time fixes when traveling to the island
This proposal is a "turn -key" solution to upgrade the existing equipment with a state
of the art and reliable elevator modernization. TK is the OEM of the Dover DMC
elevators at Providence Medical Center and will be using an engineered
modernization solution designed specifically for these elevators for the most reliable
and seamless modernization available in the market. TK Elevator is the market
leader for modernization throughout the US and in Alaska having successfully
completed some of the most difficult and high profile jobs all around the State, such
as: Maniilaq Health Center, Robert B. Atwood, Alaska Native Tribal Consortium,
Nesbett Courthouse, Brady Building, ConocoPhillips, Peterson Tower and more. Our
team is used to working in highly sensitive areas and communicate well with the
facilities and contractors to ensure a smooth and successful project.
In the event you have any questions regarding the content of this Proposal, please
do not hesitate to contact me. We appreciate your consideration.
Sincerely,
Clay Hotchkiss
General Manager, Alaska Branch
Clay.hotchkiss@tkelevator.com
+1 907 3060775
TK Elevator Corporatlon,2D00 W. International Airport Rd., Ste D6, Anchorage AK, 99502
P: •1-907-522-3002, www.tkelevator.com
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 50 of 150
AGENDA ITEM #14.A.1.
0
n�
Response to Criteria
Key components of each elevator that will be upgraded (For Kodiak Providence and Middle School). The majority of
the equipment proposed below is manufactured in our factory in Tennessee. OEM: TK Elevator
Controller
- TAC 32 Controller (Includes Options listed below)
• 24 VDC Signal Voltage -Auto Light and Fan Feature -Car Independent
Service - Car Traveling Lantern Circuitry - Door Bypass Operation -
Electronic Door Detector Interface - Hoistway Access and Enable
- eMax Monitoring Device Provisions
- Solid State Starters 208 VAC
- Battery Lowering in Controller
- Seismic Features
- Viscosity Control
Power Unit
Submersible Power Unit - Viscosity Control - Seismic Requirements for EP units
2" Shutoff Valve Kit (Pump) - Overspeed Valve Kits for 2" - Biodegradable Hydraulic Oil
Jack
- Pipe Stands
Car
- 21" Toe guard - Fan: Two Speed - 5 Pin Lock with electric contact for Car Top Exit
- Cab Wiring Material (200MK1)
Hoistway
- Hoistway Duct Kit - HN Boxes - TAC 32 Field Friendly Wiring Package
- Additional Hoistway Wiring for TAC 32 with Remote Machine Room
- Steel Tape with Mounting hardware, Selector and magnets (terminal limits included)
Pit
2" Shutoff Valve Kit (Pit) - Pit Stop Switch
Cab -
- Reuse existing finishes except for fixtures as described. Add Alternate available for new cab panels and
ceilings. Budget additional $22,000 per cab.
Door Equipment
- Gibs - Closers - Pick Up Rollers - Clutch - Micro Light
- LD-16 Plus Drive Only Door Operator (includes Car Top Inspection station)
Car Fixtures
- Main Car Station Includes Options Below - Vandal Resistant Floor Buttons - Cast Braille Plates for Car
Features - Standard Key Switch Package (fan, light, independent, stop, inspection/hw enable)
- Emergency Light mounted in COP - 2004 and later Fire Service Phase II Features - Handicap Signal
- Position Indicator - ADA Phone System integral with COP - Speaker Pattern for Intercom
- Locked Service Cabinet - Certificate Window - GFI Outlet - #4 Stainless Steel Finish (441)
- Emergency Light Test Button
Hall Fixtures
- Hoistway Access Switch in Hall Stations - Hoistway Jamb Braille -Car Identification Plate
- Terminal and Intermediate Hall Stations (Surface Mounted)
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 51 of 150
AGENDA ITEM #14.A.1.
Methodology/ - Through our familiarity with the equipment as the current
maintenance service provider and in conjunction with a formal Mod survey, we have 1/30/2025
developed a scope of work tailored to the needs and use of the elevators in Paga3/8
question. Most hydraulic elevator modernization packages include a new controller,
and power unit (tank). We always recommend replacing door operators as well and
in this case all three door operators are obsolete furthering the need from them to
be upgraded. In addition, all new wiring and fixtures (in the hall and in the cab) are
basic components of a hydraulic modernization. The hydraulic jack assemblies have
been entirely rebuilt at the Providence location over the last 8 years and it's not
necessary at this time to perform any work on them. The Kodiak Middle School jack
assembly is in serviceable condition and will be reused as -is. The majority of
elevator shutdowns across the elevator industry are door related, therefore we've
added mechanical door work to our scope to ensure a thorough and complete
upgrade to the equipment and to ensure reliable operation once the project is
complete.
Dover DMC (Providence location) - Our factory developed a streamlined base MOD
package for these elevator about 5 years ago. Our current hydraulic elevator
equipment is still based on the foundation of the DMC, therefore we have a number
of efficiencies during the installation that provide a very clean finish and eliminate
days of labor during the project. This is currently our most common MOD as a
branch.
Otis Hydro - The Kodiak Middle School elevator is a perfect candidate for our Pre-
engineered Hpower MOD package. All of the same main components will be
replaced with the same equipment as the elevators at Providence.
A team of 2 elevator mechanics will plan to do all three elevators in succession,
beginning with the hospital. Each of the elevators will take approximately 3 weeks to
complete. For an additional $25K per elevator, we could revise our schedule to a 7
day work week and complete the modernizations in about a week and a half each.
Main reused components:
Jack assemblies, door panels, rails, cabs assemblies, cab sling/frame, cab finishes,
slide guide assemblies, buffers and oil line. These components are not necessary in
order to extend the service life of an elevator. Door panels, jack packings, oil line,
and cab finishes are all options that could be discussed/replaced if the owner
desires.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 52 of 150
AGENDA ITEM #14.A.1.
Subcontractors -Our primary subcontractor will be Samson Electric. Taylor l/3,/2.25
Fire will do the sprinkler installation in Kodiak Middle School and the fire alarm work Page4/8
at Providence. GMW will perform the fire alarm work at Kodiak Middle School and
Scott's Heating and Plumbing will perform the sump pump work at Providence.
Subcontractor scope:
• Selective Electrical and Mechanical Demolition as required for Elevator Modernization.
• Temporary Power for TKE as required at start of Modernization Project.
• Supply and Install Lighting/Branch Power/Disconnects as required for Elevator Modernization.
• Supply/Install/Commission/Testing of the Fire Alarm Work required for Elevator Modernization.
• Supply and Install Power for Added Sump Pump in Pit @ PKIMC.
• Supply and Install Sprinkler Head in Pit @ KMS.
• Barricades as required for PKIMC.
• Dust Control/Prevention as required.
• Travel time (labor) and expenses
• Caulking and patching.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 53 of 150
AGENDA ITEM #14.A.1.
Recent Jobs and Contact information -
Maniilaq Health Center - Kotzebue AK - we modernized Dover hydraulic elevators
1/30/2025
(very similar to Kodiak Providence). The facilities manager who was there during thePage6/8
MOD is no longer there, but the current contact is John Gilliam 907.412.0334.
JL Hospitality - Anchorage and Seward - Over the last 2 years, we've modernized 6
elevators for JL Hospitality, 5 of which were Dover Elevators in Anchorage and one
US Elevator in Seward. POC - Anton Villacorta 907.717.7919
Anchorage School District - over the last 5 years, we've modernized 6 hydraulic
elevators for the school district. POC - Janet Lu 907.348.5174
Alaska Native Tribal Health Consortium - We modernized 12 traction elevators for
the Native Hospital here in Anchorage. This was a complex job that turned out great.
POC - Lorraine Sambo 907.729.2823
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 54 of 150
AGENDA ITEM #14.A.1.
Qualifications -Provided is our business licence and contractor's license. The
State of Alaska does not require elevator technicians to carry any
1/30/2025
sort of technician license. However, all of our mechanics are trained by the Pagel/8
IUEC (International Union of Elevator Constructors) and are amongst the best
technicians available in the field. We comply with all State of Alaska Code and
Elevator Regulations (ASME A17.1) In addition, our Anchorage branch has gone over
11 years without a recordable accident, something we are very proud of, as nothing
is more important than the safety of everyone around these projects.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 55 of 150
AGENDA ITEM #14.A.1.
Warranty/Maintenance
3. Warranty
1/30/2025
Page 5/ 8
TK Elevator warrants any equipment it installs as described in this Proposal against
defects in material and workmanship for a period of one (1) year from the date of
Purchaser's execution of TK Elevator's "Final Acceptance Form" on the express
conditions that all payments made under this Proposal and any mutually agreed -to
change orders have been made in full and that such equipment is currently being
serviced by TK Elevator. In the event that TK Elevator's work is delayed for a period
greater than six (6) months, the warranty shall be reduced by the amount of the
delay. This warranty is in lieu of any other warranty or liability for defects.
TK Elevator makes no warranty of merchantability and no warranties which extend
beyond the description in this Proposal, nor are there any other warranties,
expressed or implied, by operation of law or otherwise. Like any piece of fine
machinery, the equipment described in this Proposal should be periodically
inspected, lubricated, and adjusted by competent personnel. This warranty is not
intended to supplant normal maintenance service and shall not be construed to
mean that TK Elevator will provide free service for periodic examination, lubrication,
or adjustment, nor will TK Elevator correct, without a charge, breakage,
maladjustments, or other trouble arising from normal wear and tear or abuse,
misuse, improper or inadequate maintenance, or any other causes other than
defective material or workmanship. In order to make a warranty claim, Purchaser
must give TK Elevator prompt written notice at the address listed on the cover page
of this Proposal and provided all payments due under the terms of this Proposal and
any mutually agreed to written change orders have been made in full,
TK Elevator shall, at its own expense, correct any proven defect by repair or
replacement. TK Elevator will not, under any circumstances, reimburse Purchaser
for cost of work done by others, nor shall TK Elevator be responsible for the
performance of any equipment that has been the subject of service, repair,
replacement, revisions or alterations by others. If there is more than one (1) unit
which is the subject of work described in this Proposal, this section shall apply
separately to each unit as accepted.
4. Preventative Maintenance Program
This Proposal does not include any maintenance, service, repair or replacement of
the equipment or any other work not expressly described herein due to the fact that
there are pre-existing maintenance agreements at each location that shall remain in
full force and effect throughout the performance of this scope of work and continue
throughout the duration of the stated term in that Agreement.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 56 of 150
AGENDA ITEM #14.A.1.
Attachment B Price and Schedule
1/30/2025
Approximate Durations/Lead Times - Similar for all 3 Elevators in Question Page8/8
Contract execution Varies
(can run concurrently with layout drawing package preparation and approval)
Survey and Order of Materials 3 - 6 Weeks
Fabrication time (from receipt of all approvals, fully executed contract, Material Release Form and 20 Weeks
initial progress payment) - Includes Shipping
Modernization of elevator system (Per Unit): 3 - 4 Weeks
(Upon completion of all required preparatory work by others)
Kodiak Middle School - $239,976.00 - Payment schedule:
Initial progress payment: (508/) $119,988.00
Material furnished: (258/) $59,994.00
Total of remaining progress (258/) $59,994.00
payments: (Due at turnover)
Breakdown:
Material - $56,691.61
Labor- $75,111.99
Subcontract - $67,838.32
Expenses - $40,334.08
Kodiak Providence Medical Center - $437,828.45 - Payment Schedule:
Initial progress payment: (508/) $218,914.23
Material furnished: (258/) $109,457.11
Total of remaining progress (258/) $109,457.11
payments: (Due at turnover)
Breakdown:
Material - $104,021.52
Labor- $148,055.08
Subcontract - $127,000.00
Expenses - $58,751.85
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 57 of 150
AGENDA ITEM #14.A.1.
ATTACHMENT B
PRICE AND SCHEDULE
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
*Contract Number*
The PROPOSER, in compliance with the request for proposals for the MULTI FACILITY
ELEVATOR MODERNIZATION, having examined the scope of work and written specifications,
hereby proposes to furnish ELEVATOR MODERNIZATION for the following unit prices.
COST AND SCHEDULE FOR MODERNIZATION SERVICES
A. The BASE LUMP SUM bid for the
1. Providence Kodiak Island Medical Center Elevator(s) is: $ $437.828.45
2. Kodiak Middle School Elevator is: $ $239.976.00
B. Proposed GUARANTEED SCHEDULING for Project Implementation:
1. Lead time after contract award and selection item confirmations before start of work:
26 (weeks)
2. Providence Kodiak Island Medical Center Elevator(s) out -of -service time: 6 (weeks)
3. Kodiak Middle School Elevator out -of -service time: 3 (weeks)
4. Total out -of -service time: 9 (weeks).
The above unit prices listed in the Price and Schedule shall include all labor, materials, removal,
overhead, profit, insurance, and any other cost necessary to cover the finished work.
PROPOSER agrees that this proposal shall be good and may not be withdrawn for a period of ninety
(90) days after the scheduled closing time for receiving proposals.
Respectfully submitted,
By:
ature
Clay Hotchkiss General Manager
Print Name Print Title
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 58 of 150
AGENDA ITEM #14.A.1.
License#: EADE771State of Alaska
Effective: 11 /13/2023/2023
Expires: 12/31/2025 Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Electrical and Mechanical Administrators
Licensee: MICHAEL SAMSON
License Type: Electrical Administrator
Status: Active
Relationships
Relation
Type License # License Type
Owners/Entities Name/DBA
Endorser CONE17214 General Contractor Without Residential Contractor SAMSON SAMSON
Endorsement ELECTRIC INC ELECTRIC INC
MICHAEL SAMSON
2031 VAN HORN CT
FAIRBANKS. AK 99701-7330
Commissioner: Julie Sande
Designations
Type
Group
UCW - Unlimited Commercial Wiring
Categories
RW - Residential Wiring
Categories
IC - Inside Communications
Categories
Wallet Card
----------------------------------------------------------------------------------------------
State of Alaska
Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Electrical and Mechanical Administrators
MICHAEL SAMSON
As
Electrical Administrator
License Effective Expires
EA D E771 11 /13/2023 12/31 /2025
----------------------------------------------------------------------------------------------
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 59 of 150
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Alaska Business License # 65682
Alaska Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
PO Box 110806, Juneau, AK 99811-0806
This is to certify that
SAMSON ELECTRIC, INC
3125 N VAN HORN RD, FAIRBANKS, AK 99701
owned by
SAMSON ELECTRIC, INC
is licensed by the department to conduct business for the period
October 14, 2024 to December 31, 2026
for the following line(s) of business:
23 - Construction
This license shall not be taken as permission to do business in the state without having
complied with the other requirements of the laws of the State or of the United States.
This license must be posted in a conspicuous place at the business location.
It is not transferable or assignable.
Julie Sande
Commissioner
AGENDA ITEM #14.A.1.
License#:C14 State of Alaska
Effective: 12/9/2024 9/2024
Expires: 09/30/2026 Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
Licensee: SAMSON ELECTRIC INC
License Type: General Contractor Without Residential Contractor Endorsement
Status: Active
Doing Business As: SAMSON ELECTRIC INC
Relationships
Relation Type License # License Type Owners/Entities Name/DBA
Electrical Administrator Assignee EADE771 Electrical Administrator MICHAEL SAMSON
SAMSON ELECTRIC INC
3125 N VAN HORN RD
FAIRBANKS. AK 99701-7321
Commissioner: Julie Sande
Designations
No designations found.
Wallet Card
----------------------------------------------------------------------------------------------
State of Alaska
Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
SAMSON ELECTRIC INC
DBA: SAMSON ELECTRIC INC
As
General Contractor Without Residential Contractor Endorsement
License Effective Expires
CONE17214 12/9/2024 09/30/2026
----------------------------------------------------------------------------------------------
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 61 of 150
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Alaska Business License # 2132060
Alaska Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
PO Box 110806, Juneau, AK 99811-0806
This is to certify that
TK ELEVATOR CORPORATION
788 Circle 75 Pkwy SE, Suite 500, Atlanta, GA 30339
owned by
TK ELEVATOR CORPORATION
is licensed by the department to conduct business for the period
November 12, 2024 to December 31, 2026
for the following line(s) of business:
23 - Construction
This license shall not be taken as permission to do business in the state without having
complied with the other requirements of the laws of the State or of the United States.
This license must be posted in a conspicuous place at the business location.
It is not transferable or assignable.
Julie Sande
Commissioner
AGENDA ITEM #14.A.1.
License#:177362 State of Alaska
Effective: 11 /18/2024
Expires: 09/30/2026 Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
Licensee: TK Elevator Corporation
License Type: General Contractor Without Residential Contractor Endorsement
Status: Active
Doing Business As: TK Elevator Corporation
Note: Held previous license CONE27247.
Relationships
No relationships found.
TK Elevator Corporation
788 CIR 75 PKWY SE STE 500
ATLANTA, GA 30339
Commissioner: Julie Sande
Designations
No designations found.
Wallet Card
----------------------------------------------------------------------------------------------
State of Alaska
Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
Regulation of Construction Contractors and Home Inspectors
TK Elevator Corporation
DBA: TK Elevator Corporation
As
General Contractor Without Residential Contractor Endorsement
License Effective Expires
177362 11/18/2024 09/30/2026
----------------------------------------------------------------------------------------------
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 63 of 150
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Next Renewal Date
Municipality of Anchorage
Development Services Department
4700 Elmore Road Anchorage, AK 99507
CONTRACTORS LICENSE
The Licensee below holds the Municipality of Anchorage Contractors License Number: CON2927
Company:
TK ELEVATOR CORPORATION
788 CIRCLE 75 PARKWAY SE, STE 500 ATLANTA, GA 30339
Type of Business:
Generl
2/14/2026
LICENSE NOT TRANSFERABLE
General Contractor
General Contractor
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AUTHORIZED BY: Aciu
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Municipality of Anchorage
Development Services Department
4700 Elmore Road Anchorage, AK 99507
CONTRACTORS LICENSE
The Licensee below holds the Municipality of Anchorage Contractors License Number: CON14341
Company:
SAMSON ELECTRIC INCA
3125 N VAN HORN RD FAIRBANKS, AK 99701
Type of Business:
Generl
Next Renewal Date: 2/14/2026
LICENSE NOT TRANSFERABLE
General Contractor
General Contractor
AUTHORIZED BY: �e- :: �;�
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Municipality of Anchorage
Development Services Department
4700 Elmore Road Anchorage, AK 99507
CONTRACTORS LICENSE
The Licensee below holds the Municipality of Anchorage Contractors License Number: CON7944
Company:
SAMSON ELECTRIC INCA
3125 N. VAN HORN RD FAIRBANKS, AK 99701
Type of Business:
UCW
Electr
IC
RW
Next Renewal Date: 2/14/2026
LICENSE NOT TRANSFERABLE
Electrical Contractor
Unlimited Commercial Wiring
Electrical Contractor
Inside Communications
Residential Wiring
AUTHORIZED BY:
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CITY OF KODIAK
KODIAK, ALASKA
BUSINESS LICENSE #: 2023-013887
IN ACCORDANCE WITH THE PROVISIONS OF THE KODIAK CITY CODE CHAPTER 5.02, AS
AMENDED, THIS IS TO CERTIFY THAT:
Samson Electric, Inc.
BUSINESS LOCATION: 3125 N. Van Horn Road Fairbanks, AK 99701
IS LICENSED BY THE CITY OF KODIAK TO CONDUCT BUSINESS AND TO COLLECT SALES TAX
IMPOSED BY CHAPTER 3.08 OF THE KODIAK CITY CODE.
TYPE OF LICENSE: 23 - GENERAL / SPECIALTY CONTRACTOR LICENSING
CITY OF KODIAK
NAICs CODE: 238210 - Electrical Contractors and Other Wiring Installation Co
DATE OF ISSUE: 12/01/2023
EXPIRATION DATE: 12/30/2025
CITY MANAGER
This license must be prominently displayed at the business location. It is not transferable or assignable. Failure to maintain an active license renders this business license invalid.
This license shall not be taken as permission to do business in the state without having compiled with the other requirements of the laws of the State of Alaska or of the United States.
AGENDA ITEM #14.A.1.
ATTACHMENT C
AGREEMENT
with
TK Elevator Corp.
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough,
acting by and through its Borough Manager, and
TK ELEVATOR CORPORATION
Company Name
2000 W. International Airport Road, Suite D6, Anchorage, AK 99502
Company Address (Street or PO Box, Kodiak Island Borough, State, Zip)
a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑Corporation
incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor,
is effective the date of the signature of the Borough Manager on this document.
1. The Contractor, for and in consideration of the payment or payments herein specified and
agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials
and to do and perform all the work and labor required in the construction of the above -
referenced project as bid by the Contractor, which bid and prices named, together with the
Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as
such.
2. It is distinctly understood and agreed that no claim for additional work or materials, done or
furnished by the Contractor and not specifically herein provided for, will be allowed by the
Borough, nor shall the Contractor do any work or furnish any material not covered by this
Contract, unless such work or materials is ordered in writing by the Borough. In no event shall
the Borough be liable for any materials furnished or used, or for any work or labor done, unless
the materials, work, or labor are required by the Contract or on written order furnished by the
Borough. Any such work or materials which may be done or furnished by the Contractor
without written order first being given shall be at the Contractor's own risk, cost, and expense
and the Contractor hereby covenants and agrees to make no claim for compensation for work
or materials done or furnished without such written order.
3. Payment under this Contract shall not exceed Six Hundred Seventy -Seven Thousand Eight
Hundred Four dollars and Forty -Five cents ($677,804.45). The Parties acknowledge that
funds for the payment of this contract are subject to the availability of funds lawfully
appropriated for that purpose.
4. The Contractor further covenants and agrees that all materials shall be furnished and delivered
and all work and labor shall be done and performed, in every respect, to the satisfaction of the
Borough, on a schedule as mutually agreed to by the Contractor and the Borough. [The
Borough's signature below shall constitute notice to proceed.] It is expressly understood and
agreed that in case of the failure on the part of the Contractor, for any reason, except with the
written consent of the Borough, to complete the furnishing and delivery of materials and the
doing and performance of the work before the aforesaid date, the Borough shall have the right
to deduct from any money due or which may become due the Contractor, or if no money shall
be due, the Borough shall have the right to recover Liquidated Damages as described in the
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 68 of 150
AGENDA ITEM #14.A.1.
Special Conditions for each calendar day elapsing between the time stipulated for achieving
substantial completion of an individual phase and the actual date of completion of that phase
in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not
as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice
from the Contractor of the existence of causes over which the Contractor has no control and
which must delay furnishing of materials or the completion of the work, the Contracting Officer
may, at his or her discretion, extend the period specified for the furnishing of materials or the
completion of the work, and in such case the Contractor shall become liable for liquidated
damages for delays commencing from the date on which the extended period expires.
5. The bonds given by the Contractor in the sum of $ Payment Bond, and
6. Performance Bond, to secure the proper compliance with the terms and provisions of this
Contract, are submitted herewith and made a part hereof.
7. The Contractor further covenants and agrees that the entire construction will be done under the
administration of and to the complete satisfaction of the Borough subject to the inspection at
all times and approval by any regulatory agency, and in accordance with the laws of the State
of Alaska and the Borough.
8. For purposes of this Contract, Contracting Officer means Aimee Williams, or any other person
designated by the Borough Manager.
9. The Contractor is an independent contractor and not an employee or agent of the Borough.
10. Contract Documents shall have the meaning ascribed by the General Conditions of the
Construction Contract which can be found at Projects Office I Kodiak Island, AK - Official
Website, and include but are not limited to this Contract, the General Conditions of the
Construction Contract, the Special Conditions, and the following listed documents:
(1) Request for Proposals dated January 6, 2025;
(2) Contractors Proposal Submission.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 69 of 150
AGENDA ITEM #14.A.1.
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
Company Name
Signature of Authorized Company Representative
Typed Name and Title
Date
KODIAK ISLAND BOROUGH
Signature of Borough Manager
Typed Name
Date
Borough Clerk (Attest)
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 70 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
CORPORATE ACKNOWLEDGEMENT
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
(To be filled in when Contract is executed in behalf of Corporation)
UNITED STATES OF AMERICA )
)SS.
STATE OF ALASKA )
The foregoing instrument was acknowledged before me this day of , 20
(Name of Officer)
(Name of Corporation)
(State of Incorporation)
Notary Public
My Commission Expires:
(Title of Officer)
Corporation, on behalf of said Corporation.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 71 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
LABOR AND MATERIAL PAYMENT BOND
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
Know all men by these presents that:
as Principal, hereinafter called Principal, and,
(Insert full name and address or legal title of Contractor)
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of
Dollars ($ ),
(Here insert a sum equal to the contract amount)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated , 20 , entered into a contract with Owner for
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
in accordance with Drawings and Specifications prepared by
TK Elevator Corp.
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in
full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a
direct contract with the Principal or with a
Subcontractor of the Principal for labor,
material, or both, used or reasonably required for
use in the performance of the Contract, labor and
material being construed to include that part of
water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment directly
applicable to the Contract.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 72 of 150
AGENDA ITEM #14.A.1.
2. The above named Principal and Surety
hereby jointly and severally agree with the
Owner that every claimant as herein defined,
who has not been paid in full before the
expirations of a period of ninety (90) days after
the date on which the last of such claimant's
work or labor was done or performed or
materials were furnished by such claimant, may
sue on this bond for the use of such claimant,
prosecute the suit to final judgment for such sum
or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable
for the payment of any costs or expenses of any
such suit.
3. No suit or action shall be commenced
hereunder by any claimant:
a) Unless claimant, other than one having a
direct contract with the Principal, shall have
given written notice to any two of the following:
the Principal, the Owner, or the Surety above
named, within ninety (90) days after such
claimant did or performed the last of the work or
labor, or furnished the last of the materials for
which said claim is made, stating with
substantial accuracy the amount claimed and the
name of the party to whom the materials are
furnished, or for whom the work or labor was
done or performed. Such notice shall be served
by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at
Signed and Sealed this , day of
(Witness)
(Witness)
any place where an office is regularly
maintained for the transaction of business. Or
served in any manner in which legal process
may be served in the state in which aforesaid
project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year
following the date on which Principal ceased
Work on said Contract, it being understood,
however, that if any limitation embodied in this
bond is prohibited by any law controlling the
construction hereof such limitation shall be
deemed to be amended so as to be equal to the
minimum period of limitation permitted by such
law.
c) Other than in a state court of competent
jurisdiction in and for the county of other
political subdivision of the state in which the
Project, or any part thereof is situated, or in the
United States District Court for the district in
which the Project, or any part thereof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced
by and to the extent of any payment of payments
made in good faith hereunder, inclusive of the
payment by Surety or mechanic's liens which
may be filed of record against said improvement,
whether or not claim for the amount of such lien
be presented under and against the bond
202
(Principal) (Seal)
(Title)
(Surety) (Seal)
(Title)
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 73 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
PAYMENT BOND
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of
contractor)
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
as Obligee, hereinafter called Owner, in the amount of
Dollars ($ )
for the payment whereof Contractor and Surety bind themselves, their heirs, executor, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated 20 , entered into a contract with Owner for
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
in accordance with Drawings and Specifications prepared by
TK Elevator Corp.
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 74 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
PERFORMANCE BOND
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
Now, therefore the condition of this obligation is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
comply with one of the following:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the bidder, arrange for contract between such bidder and Owner, and
make available as Work progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance of the contract price," as
used in this paragraph, shall mean the total amount payable by Owner to contractor under the
Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and Sealed this day of , 20
(Witness)
(Witness)
(Title)
(Principal) (Seal)
(Title)
(Surety) (Seal)
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 75 of 150
AGENDA ITEM #14.A.1.
ATTACHMENT D
CLOSING DOCUMENTS
Kodiak Island Borough
CONTRACTOR CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
CONTRACTOR:
This is to certify that I, am a duly authorized official of the said
CONTRACTOR working in the capacity of , and in my official
capacity Kodiak Island Borough representing said CONTRACTOR do hereby certify as follows:
1. The work of the subject Contract above has been performed, and materials used and installed in
accordance with and in conformity to, the Contract Drawings, Contract Specifications, Kodiak Island
Borough General Conditions and Special Conditions.
2. The Contract work is now substantially complete in all parts and requirements.
3. I understand that neither the determination by the Engineer --Architect that the work is substantially
complete nor the acceptance thereof by the Owner shall operate as a bar to claim against the Contractor
under the terms of the guarantee provisions of the Contract Documents.
4. The work to which this Certificate applies has been properly inspected and that work is hereby declared
to be substantially complete in accordance with the Contract Documents.
5. The date of Substantial Completion is the date upon which all guarantees and warranties begin.
6. The Owner accepts the Project or specified area as described under "REMARKS," of the Project as
substantially complete and will assume full possession of the Project or specified area of the Project at
(time) on day, , 202.
CONTRACTOR
(Signature)
(Title)
Date
KODIAK ISLAND BOROUGH
Engineering & Facilities Director
Date
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 76 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
CONTRACT RELEASE
Page 1 of 2
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
The undersigned,
for itself, its successors in interest, assigns trustees, administrators, subcontractors, suppliers, and laborers
do hereby release and forever discharge the KODIAK ISLAND BOROUGH, ALASKA a municipal
corporation, from all actions, causes of actions, suits, controversies, claims, damages and demands of every
kind and nature, mature or to mature in the future, for and by reason of any matter, thing or claim arising
out of the following Contract:
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
The undersigned also intends hereby to discharge the Kodiak Island Borough from all liability for
any and all damages or injuries presently undiscovered or unanticipated. The undersigned's intention
hereby is to waive any right it may subsequently have to set aside this release under the doctrine of Witt v.
Watkins. 579 P.2d 1065 (Alaska 1978).
The undersigned further agrees to defend, indemnify and hold harmless the Kodiak Island Borough
against any claims, liens, or causes of action arising under or by virtue of this Contract, including, but not
limited to, any claim that the undersigned, any successor in interest, assignee, trustee, administrator,
subcontractor, supplier or laborer of the undersigned or any other person might make or claim that he could
possibly make against the Kodiak Island Borough.
The undersigned certifies that he has not assigned any amounts payable under this Contract to
anyone.
The undersigned hereby acknowledges receipt of the amount of $
as full and final payment in consideration for all services, materials and labors rendered in connection with
this Contract.
The undersigned hereby declares that the terms of this RELEASE have been completely read and are fully
understood, and said terms are voluntarily accepted for the purpose of making a full and final release of any
and all claims, disputed or otherwise, arising under or by virtue of this Contract.
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 77 of 150
AGENDA ITEM #14.A.1.
Kodiak Island Borough
Contract Release Page 2 of 2
Project: Multi Facility Elevator Modernizations
Project Number: KMS 24003 & PKIMC 24004
Contract FY2025-43
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
120
COMPANY
SIGNATURE
TITLE
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 20 , before me, Notary Public in and
for the State of Alaska, personally appeared of
, known to me to be its
and acknowledged to me that he has read this foregoing
RELEASE and knew contents thereof to be true and correct to the best of his knowledge and belief, and
that he signed the same freely and voluntarily for the uses and purposes therein mentioned, and that he was
duly authorized to execute the foregoing document according to the Bylaws or by Resolutions of said
corporation.
WITNESS my hand and notarial seal this day of 120
Notary Public in and for Alaska
My Commission expires:
Contract No. FY2025-43, Multi -Facility Elevator Modernization With TK El... Page 78 of 150
AGENDA ITEM #14.B.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi -
Jurisdictional Multi -Hazard Mitigation Plan Update
ORIGINATOR: Chris French, CDD Director
RECOMMENDATION:
Move to adopt Resolution No. FY2025-14.
DISCUSSION:
The Community Development Department has worked over the past year to draft the hazard
mitigation plan for the borough and jurisdictions within the borough. A hazard mitigation plan
focuses on mitigating potential hazards by reducing risk and potential impacts of hazards
such as loss of life and destruction of property. The previous borough hazard mitigation plan
expired in November of 2024.
The final draft plan included a public participation component that included in -person and
online public meetings, a public survey, and a 30-plus day comment period on the draft plan.
The plan was drafted pursuant to the requirements of the Alaska Division of Homeland
Security and Emergency Management (ADHS&EM) and the Federal Emergency
Management Agency (FEMA).
Once adopted by the Assembly, the plan will be distributed to all cities within the borough and
to ADHS&EM for review. Once ADHS&EM completes its review the plan will be submitted to
FEMA for review and approval. Once approved the borough would be eligible to apply for
hazard mitigation grants similar to the grant that was approved for the hydrology and
hydraulics study for Russian River and Sargent Creek. The final draft plan can be accessed
from the following link: https://www.kodiakak.us/DocumentCenter/View/12587/KIB-MJMHMP-
December-2024-v3
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi-Juris... Page 79 of 150
AGENDA ITEM #14.B.1.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-14
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING THE
KODIAK ISLAND BOROUGH MULTI -JURISDICTIONAL MULTI -HAZARD MITIGATION PLAN
UPDATE
WHEREAS, the Federal Emergency Management Agency (FEMA) requires that all states and
local governments submit a Hazard Mitigation Plan to be eligible for FEMA funding related to
disasters; and
WHEREAS, the previous hazard mitigation plan was completed in 2018 and expired in
November 2024; and
WHEREAS, the Kodiak Island Borough prepared a Multi -Jurisdictional Multi -Hazard Mitigation
Plan update (the plan) on behalf of all Borough residents, including the Kodiak Island Borough
and other incorporated communities within the Borough; and
WHEREAS, the plan update process was completed in approximately a year and included a
planning team comprised of local government representatives, public meetings, a public survey,
and a public review process for the plan draft; and
WHEREAS, with this effort, the Kodiak Island Borough can be eligible for Federal Emergency
Management Agency (FEMA) pre -hazard and Alaska Division of Homeland Security and
Emergency Management (ADHS&EM) post -disaster mitigation project grants by adopting the
Multi -Jurisdiction Multi -Hazard Mitigation Plan; and
WHEREAS, once the plan is adopted by the Borough Assembly, it will be transmitted to all the
communities within the borough for adoption and to ADHS&EM for evaluation; and
WHEREAS, following the completion of the evaluation by ADHS&EM, the plan will be submitted
to FEMA for final review and adoption; and
WHEREAS, once the plan and annexes are adopted, the communities will have the power to
make further changes to the plan pursuant to the process specified within plan and subject to
FEMA approval.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Kodiak Island Borough Multi -Jurisdictional Multi -Hazard Mitigation Plan
Update dated January 2025 is hereby adopted inclusive of any minor additions or corrections
that result from the State and FEMA review process.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2025
Resolution No. FY2020-14
Page 1 of 2
Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi-Juris... Page 80 of 150
AGENDA ITEM #14.B.1.
47
48 KODIAK ISLAND BOROUGH ATTEST:
49
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52 Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk
53
54 VOTES:
55 Ayes:
56 Noes
57
58
Resolution No. FY2020-14 Page 2 of 2
Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi-Juris... Page 81 of 150
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Kodiak Island BoroughL�� CO
MULTI-JURISDICTION
J
MULTI -HAZARD
MITIGATION PLAN
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WHAT IS A HAZARD
MITIGATION PLAN?,
A plan to reduce loss of life and
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property by lessening the
impact of disasters.
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PLANNING PROCESS
1. Organize the Planning Process and Resources
2,, Assess Risks
3. Develop a mitigation strategy
4. Adopt and implement the plan
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TYPES OF HAZARDS
The following 11 hazards were studied:
• Earthquake • Weather (severe)
• Erosion (riverine) • Dam failure
• Flood • Technological
• Landslide • Pandemic
• Tsunami • Climate change
• Volcanic
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PLAN LAYOUT
Section 1: Introduction - Hazard Mitigation Requirements
Section 2: Prerequisites - Adoption Process
Section 3: Community Description - History, Demographics, Geography, Economy, and Land
Use
Section
4:
Planning Process
- Planning Team, Existing
Plans, and Public Participation
Section
5:
Hazard
Profiles
-
Detailed
Profiles
of
Each
Hazard
Section 6: Vulnerability Analysis - Critical Facilities, Methodology of Assessment, and Exposure
Analysis
Section 7: Mitigation Strategy - Goals, Actions, and Implementation
Section 8: Plan Maintenance - Monitoring, Evaluating, Capability, and Continued Public
Involvement
Appendices - Public Process, Adoption Process, Public Involvement, Plan Review Tool, Benefit -
Cost Analysis, Plan Maintenance, and Bibliography
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APPROVAL PROCESS
Borough Cities ADHS&EM
Borough approves
plan by Resolution.
Plan forward to
ADHS&EM and to
cities within the
borough
Cities adopt the plan
and assist as needed
in implementation
and evaluation
Conducts an initial
review and once
complete the plan is
forwarded to FEMA
Review by FEMA, plan
can be listed as
Approvable Pending
Adoption and once
approved by all
jurisdiction FEMA
awards the plan
approval status
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ACKNOWLEDGEMENTS
Thank you to
1.Public Participants
2.Community Development Staff
3,, Planning Team Participants
4,,ADHS&EM Staff
AGENDA ITEM #14.B.1.
FEMA Fact Sheet: Local Mitigation Planning
Adopting Your Local Mitigation Plan
Local governments, including special districts, seeking plan approval must adopt their
hazard mitigation plan in accordance with local laws. Adoption is a key requirement of the
Local Mitigation Planning Policy Guide.
Why does plan adoption matter?
■ You've done the hard work. Now, it's time to adopt! Plan adoption completes the mitigation planning process. It
also shows your community's commitment to the goals and actions in your plan.
■ Adoption fulfills Element F: Plan Adoption of the Local Mitigation Planning Policy Guide. FEMA only approves
plans that meet all planning requirements. This includes plan adoption.
■ For plan updates, adoption recognizes the current planning process. It acknowledges changes from the past five
years and validates the priorities for hazard mitigation actions.
■ Adoption marks the beginning of implementing your plan. Since each plan participant must sign off on the plan,
this process reintroduces the ideas in the plan to decision makers, partners and the public. It also authorizes the
agencies listed in the plan to carry out the risk reduction actions they agreed to take on.
■ Approval makes your community eligible for certain FEMA assistance that can fund your mitigation actions.
Applicants and subapplicants must have an approved mitigation plan at the time of grant application and
obligation.
What do I need to do?
■ Your local governing body or other authority must formally adopt the plan.
■ Submit proof of plan adoption to the state and FEMA. Besides the official resolution, proof can be in the form of
meeting minutes, resolutions, a signed letter or any other method that shows official adoption.
■ Adoption can happen before you submit the plan to FEMA for approval. With this option, submit all adoption
documentation along with the plan for review. Remember that the state and/or FEMA may require you to revise
your plan. Use flexible language in your documentation. It should leave room for any needed revisions. For
instance, you can state that your community adopts the plan inclusive of any minor additions or corrections that
result from the state and FEMA review process.
UFEMAti
No`-
December 2024
Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi-Juris... Page 89 of 150
AGENDA ITEM #14.B.1.
Adopting Your Local Mitigation Plan
■ You can also adopt after FEMA reviews your plan and it receives Approvable Pending Adoption (APA) status. With
this option, you should adopt the plan within one year of getting APA status.
■ If you do not adopt the plan within one year of getting APA status, you must take further steps to validate that
the plan's risk assessment and mitigation strategy are still current prior to approval.
■ Remember that there are other considerations for multi jurisdictional plans (as shown below in Figure 1):
Each participating jurisdiction must adopt the plan and provide proof that adoption occurred. Lead
jurisdictions for these plans should get buy -in for adoption early in the planning process. Use letters of
commitment to show that jurisdictions will take part in and adopt the plan.
o If your community is part of a multi jurisdictional plan, the status of other participating jurisdictions in the
plan will not affect your approval status.
If jurisdictions plan to adopt before submitting the plan for approval, then all the jurisdictions that are part
of the multi jurisdictional plan must submit proof of adoption. This allows the plan and all the jurisdictions
to gain approval at once after all requirements are met.
Submission with Adoption Resolution
Submission without Adoption Resolution
Figure 1. Paths to Plan Approval
Local Mitigation Planning Resources
■ Learn more about plan adoption and approval in Section 6.4 of the Local Mitigation Planning Policy Guide.
Be sure to check out the sample adoption resolution in Appendix B.
■ See Task 8 in the Local Mitigation Planning Handbook to learn more about considerations for plan adoption.
■ Take FEMA's IS-318 Local Mitigation Planning Training for additional information on the planning process.
Learn more at fema.gov/emergency-managers/risk-management/hazard-mitigation-planning December 2024 2
Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi-Juris... Page 90 of 150
AGENDA ITEM #14.B.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-19, Designating The Individual Who Will Serve As The
Designated Administrative Official During The Absence Or Disability Of The
Kodiak Island Borough Manager
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to adopt Resolution No. FY2025-19.
DISCUSSION:
Borough Manager Aimee Williams nominates Assessing Department Director Seema
Garoutte to serve as the designated administrative official during her absence. A separate
resolution will be presented to the Assembly which will appoint a temporary administrative
official during the manager's absence and that of the designated administrative official.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.45.030 Powers and duties.
The manager, as the chief administrative officer, is responsible for the proper administration
of all borough affairs. The manager shall:
B. Nominate an administrative official, subject to designation by assembly resolution
confirming the nomination, to act as manager during the manager's absence or disability.
KIBC 2.45.080 Administrative Official — Nomination and Designation.
The administrative official is nominated by the borough manager and designated by assembly
resolution confirming the nomination to act as manager during the manager's absence or
disability.
KIBC 2.45.090 Administrative Official — Preferred Qualifications.
1. A full-time employee of the Kodiak Island Borough for a minimum of two years;
2. Meets the qualifications by education and experience of the office to which the
employee holds;
3. Physically located in Kodiak during the appointment and throughout the duration of the
appointment; and
4. Meets the qualifications outlined in the Emergency Operations/Management Plan to
conform to the required training throughout the year.
KIBC 2.45.100 Administrative Official — Duties.
Kodiak Island Borough
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AGENDA ITEM #14.B.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
The designated administrative official shall oversee the management of the borough's
administrative affairs, ensuring the continuity of policies and procedures enacted by the
borough manager. The administrative official shall have only those powers necessary to deal
with borough administrative affairs until the manager's return. The administrative official will
not have the authority to hire or terminate any employee while acting on a temporary duty.
The administrative official will not have the authority to enter into any contracts or agreements
not already dated before the manager's departure.
KIBC 2.45.110 Administrative Official — Compensation.
The designated administrative official shall receive increased compensation for the time
assigned as the administrative official not more than the manager's leave. Increased
compensation shall be a ten percent above base salary prorated for the administrative
official's duties. (Example: $105,000 base rate * 10% _ $10,50012080 hours in a work year =
$5.05 /hr. extra per hour worked/assigned as the administrative official {$202/week}).
Kodiak Island Borough
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AGENDA ITEM #14.B.2.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-19
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING
THE INDIVIDUAL WHO WILL SERVE AS THE DESIGNATED ADMINISTRATIVE OFFICIAL
DURING THE ABSENCE OR DISABILITY OF THE KODIAK ISLAND BOROUGH MANAGER
WHEREAS, it is essential to establish a definitive procedure for administration to address
emergencies or urgent matters during the absence or disability of the Borough manager; and
WHEREAS, KIBC 2.45.080 states that the administrative official is nominated by the Borough
manager and designated by assembly resolution confirming the nomination to act as manager
during the manager's absence or disability; and
WHEREAS, Borough Manager Aimee Williams nominates Assessing Department Director
Seema Garoutte to serve as the designated administrative official during her absence or disability.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that Assessing Department Director Seema Garoutte is officially designated and
confirmed to be the designated administrative official who is authorized to act and serve as
manager during the manager's absence or disability, and she shall perform the official duties as
outlined in KIBC 2.45.100.
NOW, THEREFORE, BE IT FURTHER RESOLVED that compensation, as outlined in KIBC
2.45.110, will be provided to the designated administrative official for fulfilling the additional
responsibilities associated with the assignment when called upon to fulfill the duties of the
manager's position.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2025
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes:
Noes
Resolution No. FY2025-19
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 1 of 1
Resolution No. FY2025-19, Designating The Individual Who Will Serve As T... Page 93 of 150
AGENDA ITEM #14.B.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Resolution No. FY2025-20, Designating The Individual Who Will Serve As The
Temporary Administrative Official During The Absence Or Disability Of The
Borough Manager And Designated Administrative Official
ORIGINATOR: Aimee Williams, Borough Manager
RECOMMENDATION:
Move to adopt Resolution No. FY2025-20.
DISCUSSION:
Borough Manager Aimee Williams nominated Assessing Department Director Seema
Garoutte to serve as the designated administrative official during her absence. This separate
resolution is presented to the Assembly to appoint a temporary administrative official during
the manager's absence and that of the designated administrative official.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 2.45.030 Powers and duties.
The manager, as the chief administrative officer, is responsible for the proper administration
of all borough affairs. The manager shall:
B. Nominate an administrative official, subject to designation by assembly resolution
confirming the nomination, to act as manager during the manager's absence or disability.
KIBC 2.45.080 Administrative Official — Nomination and Designation.
The administrative official is nominated by the borough manager and designated by assembly
resolution confirming the nomination to act as manager during the manager's absence or
disability.
KIBC 2.45.090 Administrative Official — Preferred Qualifications.
1. A full-time employee of the Kodiak Island Borough for a minimum of two years;
2. Meets the qualifications by education and experience of the office to which the
employee holds;
3. Physically located in Kodiak during the appointment and throughout the duration of the
appointment; and
4. Meets the qualifications outlined in the Emergency Operations/Management Plan to
conform to the required training throughout the year.
KIBC 2.45.100 Administrative Official — Duties.
Kodiak Island Borough
Resolution No. FY2025-20, Designating The Individual Who Will Serve As T... Page 94 of 150
AGENDA ITEM #14.B.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
The designated administrative official shall oversee the management of the borough's
administrative affairs, ensuring the continuity of policies and procedures enacted by the
borough manager. The administrative official shall have only those powers necessary to deal
with borough administrative affairs until the manager's return. The administrative official will
not have the authority to hire or terminate any employee while acting on a temporary duty.
The administrative official will not have the authority to enter into any contracts or agreements
not already dated before the manager's departure.
KIBC 2.45.110 Administrative Official — Compensation.
The designated administrative official shall receive increased compensation for the time
assigned as the administrative official not more than the manager's leave. Increased
compensation shall be a ten percent above base salary prorated for the administrative
official's duties. (Example: $105,000 base rate * 10% _ $10,50012080 hours in a work year =
$5.05 /hr. extra per hour worked/assigned as the administrative official {$202/week}).
Kodiak Island Borough
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AGENDA ITEM #14.B.3.
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KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2025-20
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING
THE INDIVIDUAL WHO WILL SERVE AS THE TEMPORARY ADMINISTRATIVE OFFICIAL
DURING THE ABSENCE OR DISABILITY OF THE BOROUGH MANAGER AND THE
DESIGNATED ADMINISTRATIVE OFFICIAL
WHEREAS, it is essential to establish a definitive procedure for administration to address
emergencies or urgent matters during the absence or disability of the Borough manager and the
designated administrative official; and
WHEREAS, a temporary administrative official is necessary when both Manager and the
designated administrative official are unable to fulfill the duties of the Manager's position; and
WHEREAS, Borough Manager Aimee Williams nominates Engineering and Facilities Director
David Conrad to serve as the temporary administrative official during the concurrent absence or
disability of both the manager and the designated administrative official.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that Engineering and Facilities Director David Conrad is officially designated and
confirmed to fulfill the role of manager in the absence or disability of both the manager and the
designated administrative official. He will carry out the official duties as specified in KIBC
2.45.100.
NOW, THEREFORE, BE IT FURTHER RESOLVED that:
1. The authority granted by this designation is valid solely during the concurrent absence or
disability of both the Borough manager and the designated administrative official, or until
the Assembly appoints a new temporary administrative official.
2. The authority granted by this designation is valid only until either the Borough manager or
the current designated administrative official resumes their duties.
3. Compensation, as outlined in KIBC 2.45.110, will be provided to the temporary
administrative official for fulfilling the additional responsibilities associated with the
temporary assignment when called upon to fulfill the duties of the manager's position.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
VOTES:
Ayes:
Noes
Resolution No. FY2025-20
2025
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Page 1 of 1
Resolution No. FY2025-20, Designating The Individual Who Will Serve As T... Page 96 of 150
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And
Marijuana Control Office (AMCO) Liquor License Transfer Of Ownership From
Sook C Yun, DBA Second Floor Restaurant (License No.3293) To Nuniaq
Cafe' And Deli And Transfer Of Location From Current Location Of 116 W
Rezanof Drive To 113 Lower Millbay Road Application
ORIGINATOR: Lina Cruz, Deputy Clerk
RECOMMENDATION:
After the informal hearing, the Assembly's decision to protest the application shall stand
unless a majority of the Assembly votes to withdraw the protest.
To withdraw, the assembly may use the motion "Move to withdraw the motion to protest the
transfer of ownership and location application for REPL #3293."
DISCUSSION:
At the February 20, 2025, Assembly Regular Meeting, the Assembly voiced protest the
transfer of ownership and location application for REPL #3293. As required by 3 AAC
305.085(d), the local governing body shall allow the applicant a reasonable opportunity to
defend the application before the local governing body. Both the transferor and the transferee
were advised of the Assembly's decision to protest by mail and email. A copy of the letters
have been added in the packet for reference.
ALTERNATIVES:
Withdraw the protest for license #3293.
FISCAL IMPACT:
OTHER INFORMATION:
KIBC 5.01.030 New license and transfer procedure which states:
A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of
an application or intent to approve the transfer or issuance of a new liquor license:
1. The clerk shall investigate to determine if the borough has an interest which can be
protected by protesting the approval of the application for transfer or issuance of a
new liquor license;
2. The clerk shall check with the state troopers on the number of trouble reports at the
place of business;
3. The clerk shall duly advertise and place the matter of the application upon the agenda
for the next meeting of the assembly in order that citizens may express their desires
as to whether or not the assembly should approve or protest the transfer or issuance
of the liquor license; and
4. The notice of intent to establish a new liquor license or transfer of location of an
existing license shall be mailed to each landowner within 1,500 feet of the proposed
location by the clerk. A transfer from one person to another of a liquor license, even if
the location stays the same, shall be considered a request for a new liquor license by
Kodiak Island Borough
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 97 of 150
AGENDA ITEM #14.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the
notice and application processing costs to the borough.
B. The assembly, after public hearing, shall determine by motion if a protest to the application
is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager
and attorney are authorized to use any document or evidence necessary to effectively
advance the position of the borough at any hearing before the Alcoholic Beverage Control
Board.
AS O4.11.480
A local governing body may protest the approval of an application(s) by furnishing the director
and the applicant with a clear and concise written statement of reasons for the protest within
60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC
305.085(d). If a protest is filed, the board will deny the application unless the board finds that
the protest is arbitrary, capricious, and unreasonable. To protest the application, responses
must be sent to Alcohol Marijuana Control Office (AMCO) for the Alcoholic Beverage Control
(ABC) Board within 60 days of receipt.
3 AAC 305.085
(d) A local governing body that protests an application shall allow the applicant a reasonable
opportunity to defend the application before a meeting of the local governing body.
Kodiak Island Borough
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 98 of 150
AGENDA ITEM #14.D.1.
February 21, 2025
Sook C. Yun
116 W Rezanof Dr
Kodiak, Alaska 99615
Kodiak Island Borough
OFFICE of the BORUGH CLERK
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
E-mail: clerks@kodiakak.us
Also VIA Email: solshinl027(a)gmail.com
mopper7(cD_hotmail. com
RE: Transfer Of Ownership & Location Application For REPL # 3293
Dear Ms. Yun,
The Kodiak Island Borough received a notice on January 8, 2025, from the Alcoholic & Marijuana
Control Office (AMCO) regarding the application for transfer of ownership and location for the license
referenced above. Following a public hearing held on February 20, 2025, the Kodiak Island Borough
Assembly voiced protest to this transfer, outlining their reasons in the enclosed letter.
Per 3 AAC 305.085(d), a local governing body that protests an application shall allow the applicant a
reasonable opportunity to defend the application before a meeting of the local governing body. An
abbreviated and informal hearing for the protest of this transfer is scheduled on Thursday, March 6,
2025, and the meeting will begin at 6:30 p.m. in the Borough Assembly Chambers located at 710 Mill
Bay Road, Kodiak.
The meeting will be streamed live on the Kodiak Island Borough's YouTube channel and broadcast
on KMXT 100.1 FM. Meeting materials can be accessed on the Kodiak Island Borough website. We
encourage you to attend in person. However, if you wish to participate by calling in, please use the
public comment lines at (907) 486-3231 or (855) 492-9202.
Sincerely,
OFF E OF THE BORO H CLERK
No a M. Javier, MMC
Borough Clerk /
Enc.: KIB Protest Letter
Cc:
Melissa Berns/Nuniaq LLC Also VIA Email: nuniagak(@gmail.com
4207 Cliffside Road
Kodiak, Alaska 99615
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 99 of 150
AGENDA ITEM #14.D.1.
Kodiak Island Borough
Office of the Borough Mayor
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9310
Email: clerks@kodiakak.us
March 7, 2025
Alcoholic Beverage Control Board
C/O Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: Protest of Transfer of Ownership and Location of Restaurant Eating Place License #3293
Dear Members of the Alcoholic Beverage Control Board,
The Kodiak Island Borough (KIB) has received notice of the application for the transfer of
ownership and location of Restaurant Eating Place License (REPL) #3293, from Sook C. Yun
d/b/a Second Floor Restaurant, 116 Rezanof Drive, to Nuniaq Cafe and Deli, 113 Lower Mill Bay
Road. The KIB Assembly, pursuant to AS O4.11.480 and 3 AAC 305.085(a), formally protests the
transfer of location and transfer of ownership of REPL #3293. The basis for this protest was
communicated to the licensee by letter dated February 21, 2025, and an opportunity for an
informal hearing on the protest was held on March 6, 2025.
AS O4.11.480 and 3 AAC 305.085 permit local governments to protest the transfer of ownership
and transfer of location of an existing liquor license based on facts that make the application
objectionable to the local governing body or based on general public policy (3 AAC 305.085(e)).
The KIB Assembly objects to the transfer of ownership and location of License #3293 on the
grounds outlined below, which both address specific facts that make the application objectionable
and reflect general public policy considerations:
A. License #3293 should be terminated and not transferred.
The application for transfer of ownership and location is one of three license actions pending on
this license. The license has not operated for several years, and the City of Kodiak and the Kodiak
Island Borough have both communicated objections to the renewal of the license and the KIB
protested the continued operation for the second year of a two-year license period. The objections
to renewal provided by the City of Kodiak and the Kodiak Island Borough are both properly under
consideration by the ABC Board. The Borough maintains that the denial of renewal should be
addressed first, and the license not renewed, resulting in no license available to be transferred.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 100 of 150
AGENDA ITEM #14.D.1.
Letter to the ABC Board re: REPL #3293
Page 2 of 3
March 7, 2025
1) Consideration of transfer should be evaluated independent of reinstatement of
License #3923. The license must be issued for 2024 before it may be transferred.
Where the license expired at 12:00 Midnight on February 28, 2024, (AS O4.11.540.),
there is no license to transfer unless the Board issues a new license under 3 AAC
305.040-045 or approves reinstatement under 3 AAC 305.055. The request for
transfer should bear no weight in evaluating reinstatement of License #3923 because
the reinstatement criteria does not include consideration of potential transfer, and the
reinstatement must stand or fall on its own merits.
2) There is no good cause for reinstatement. As discussed in the City of Kodiak's
January 30, 2025, letter, License # 3293 has not been operated for over ten years,
and the business license expired more than four years ago. License #3923 expired at
the end of February 2024, but the applicant is seeking to reinstate it, which frustrates
the process contemplated for award of a license to a new licensee when a license is
not renewed and expires. The applicant did not provide good cause for their failure to
file for renewal prior to February 28, 2024, and to pay the required fees in a timely
manner. A new license cannot be issued to the holder of expired license #3923 for
2024 in the absence of a finding of good cause for their failure under AS O4.11.540
and 3 AAC 305.055(a)(4). Here there is no good cause identified in the application nor
evidence of circumstances which could justify the delinquent application. The license
must be denied consistent with 3 AAC 305.055(b)(2)(D) due to the unexcused failure
of the operator to operate the business. The applicant has no vested right in grant or
continuance of operation. There is no discretion to reinstate the license if the required
showing is not made.
3) The reinstatement would require improper waivers of operation. This license
should have been revoked or expired years ago but was improperly extended and
waivers of operation were allowed longer than permitted by AAS O4.11.330(3) and 3
AAC 305.120. The licensee neither operated nor submitted waiver application prior to
2020. For years subsequent to 2020 the applicant still failed to operate, and the
reinstatement relies on the approval after the fact of waivers for multiple years. For the
current "renewal" application (reinstatement application) the applicant relies upon
waivers being granted for 2022 and 2023 to renew for 2024, and an additional waiver
for 2024 to allow the license to remain and be eligible for transfer. The waivers sought
for 2022 and 2023 were not timely sought and do not meet the criteria in AS
04.11.330(a)(3). There is no valid evidentiary basis for the Board to find that the failure
to operate here qualifies for a waiver under the applicable criteria. Further, the Board
cannot approve the waiver for the failure to operate in 2024 because the location is
not viable or compliant for use for reasons other than destruction of the premises. The
City of Kodiak advises that the owner of the premises confirmed that the applicant has
not had a lease on the premises for several years. Without rights to the premises there
can be no third waiver. See 3 AAC 305.120(f) requiring the premises be under the
applicant's control. The waiver denial requires denial of the reinstatement. Approval of
the waivers would be arbitrary and capricious and not supported by the record.
4) The applicant cannot show a right to the premises. The issuance of the 2024
license, which is required prior to any transfer, requires the applicant to show their right
to the premises. Any new license or renewal requires disclosure of any change to proof
of possession. See 3 AAC 305.050(c)(5) and see 3 AAC 305.045(c)(5). A reissuance
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 101 of 150
AGENDA ITEM #14.D.1.
Letter to the ABC Board re: REPL #3293
Page 3 of 3
March 7, 2025
of a new license under AS O4.11.540 also requires a viable premises. With no viable
premises, the Board cannot re -issue the expired license.
5) The applicant does not operate a bone fide restaurant. The applicant for renewal
does not operate a Bonafide restaurant as defined by AS O4.21.080(b)(21). The
license cannot be renewed without a finding of a bona fide restaurant, and that finding
cannot be made on the facts here. The license must be rejected, and a new license
opportunity made available under 3 AAC 305.040.
B. This license should be terminated rather than transferred: Allowing a transfer as an
alternative to non -renewal would be inappropriate where, as here, the licensee has not
operated for years. The Kodiak Island Borough incorporates the City of Kodiak objections to
the transfer of ownership and transfer of location articulated in the City of Kodiak letter dated
January 30, 2025, as part of the basis for this objection. Even if the license were re -instated,
it should not be transferred to the applicant for transfer but should be a new license open to
applications.
Given the points outlined above, the KIB Assembly respectfully requests that the ABC Board deny
the reinstatement of Restaurant Eating Place License #3293 held by Sook C Yun d/b/a Second
Floor Restaurant and deny the transfer of location and ownership of Restaurant Eating Place
License #3293.
Thank you for your consideration of this matter. This letter serves as a formal record of our intent
to protest the renewal.
Sincerely,
KODIAK ISLAND BOROUGH
Scott Arndt, Mayor
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 102 of 150
AGENDA ITEM #14.D.1.
Office of the Mayor and City Council
710 Mill Bay Road, Room 111, Kodiak, Alaska 99615
G)
January 30, 2025
Hon. Dana Walukiewicz
Alcoholic Beverage Control Board
550 West 7th Avenue, Suite 1600
Anchorage, Alaska 99501
Re: REPL # 3293 Renewal Protest
Dear Board Chair Walukiewicz:
The City Council of the City of Kodiak protests the untimely renewal of REPL # 3293. This
protest is submitted pursuant to 3 AAC 305.085 and KCC 5.12.030. A draft of this letter was sent to
the applicant on January 24, 2025 with notice that the council would hear the matter at its January
30, 2025 meeting and that the applicant would be heard as to the matter.
REPL # 3293 BACKGROUND
Second Floor Restaurant's sales tax reports show that License No. 3293 has not been in
consistent, active use for over ten years.' State of Alaska Business License # 1045076 for Second
Floor Restaurant was issued on 11/19/2016 and expired on 12/31/2020. State of Alaska Business
License # 2139779 for Second Floor Restaurant was issued on 9/17/2021 and expired on
12/31/2022. No subsequent business license has been issued for Second Floor Restaurant.
The application for renewal of REPL # 3293 for 2022 & 2023 was on the board's agenda for
its April 12, 2022 meeting and was apparently approved as part of the delegated consent agenda.
However, City records indicate that the license was not actively exercised for at least 240 hours
during each of the two calendar years preceding that renewal application. Moreover, operation of
the Second Floor Restaurant between January 1, 2021 and September 16, 2021 would have been
unlawful.2 The City is unable to determine whether the applicant disclosed the lack of active use of
REPL # 3293 when applying for renewal for 2022 & 2023. As the matter of the renewal was resolved
by the board's delegated consent agenda, the City is unable to determine if the board found that
failure to actively exercise REPL # 3293 in 2020 and 2021 was excused on the basis that the licensed
premises were under construction or could not be operated through no fault of the applicant.' The
' Kodiak City Code 3.08.220 limits the City's ability to disclose sales tax information. While disclosure
is likely authorized on the basis that this protest is a proceeding of the city involving taxes due under the
sales tax chapter, the City, out of caution, is presently withholding disclosure of Second Floor
Restaurant's sales tax returns. The City will promptly provide copies to the board if the business owner
consents. The City notes that the board could require the applicant to provide the board with copies of
its City of Kodiak sales tax returns pursuant to 3 AAC 305.120.
Z See AS 42.70.020.
'See AS 04.11.330(a)(3).
Telephone (907) 486-8636 / Fax (907) 486-8633
mayor@city.kodiak.ak.us
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AGENDA ITEM #14.D.1.
Hon. Dana Walukiewicz
January 30, 2025
Page 2 of 14
City can only assume that operation waivers for 2020 and 2021 were granted as a result of the
pandemic.
However, available information indicates that REPL # 3293 could not have been actively
exercised for 240 hours in the preceding years required for the license to have been renewed in
2016, 2018, and 2020. The 2020 renewal of REPL # 3293 was on the delegated consent agenda at
the board's March 31, 2020 meeting. The meeting records do not indicate that the applicant sought
operational waivers for 2018 or 2019, whereas the board's agenda shows that it considered waivers
of minimum operating requirements for other applicants. The 2018 renewal of REPL # 3293 was on
the delegated consent agenda at the board's April 3, 2018 meeting. The meeting records do not
indicate that the applicant sought operational waivers for 2016 or 2017, whereas the board's
agenda shows that it considered waivers of minimum operating requirements for other applicants.
Finally, the City was unable to determine if the applicant sought waivers of minimum operating
requirements for 2015 when it presumably applied for renewal of REPL # 3293 in 2016.
Assuming the information available to the City regarding active exercise of REPL # 3293 is
more or less accurate, the board would have had to have found that failure to actively exercise the
license for each of the years preceding the 2016, 2018, and 2022 renewals was for reasons beyond
the applicant's control. Based on review of the board's meeting documents, it is doubtful that the
board made such findings. Moreover, it is doubtful that the board could have made such findings
because the board would have to have found that factors beyond the applicant's control excused
more than seven years of failing to actively exercise the license. What circumstances beyond a
licensee's control that would prevent active exercise of a license for most of a decade?
A licensee has the burden of proving that the license was actively exercised.' Information
available to the City indicates that REPL # 3293 has not been actively exercised as required by AS
04.11.330(a)(3) for over a decade. If the applicant represented that the license had been actively
exercised as required by AS O4.11.330(a)(3) when seeking renewal in 2016, 2018, 2020, and 2022,
those representations are at odds with representations the applicant made to the City.
The applicant admits that the license was not exercised in 2022 and 2023. It is clear that it
was not exercised in 2024, prior to or following the license's expiration on February 28, 2024. And it
is also clear that the applicant would not actively exercise the license for most, if any, of 2025 were
REPL # 3293 reissued and renewed.
LEGAL PRINCIPLES
Kodiak City Code 5.12.030. License Application Review.
° 3 AAC 305.120(I).
Telephone (907) 486-8636 / Fax (907) 486-8633
rnayor@city.kodiak.ak.us
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(c) After receiving the administration report and public comment, the council, by motion,
may take one of the following actions on the matter of the application:
(3) Protest. Upon determining the existence of one or more of the grounds contained in
subsection (d) of this section, the council may direct the clerk to cause a protest to
be filed with the Alcohol Beverage Control Board.
(d) Any application for an alcoholic beverage license may be protested for one or more of
the following reasons:
(8) Any factor identified by state statute or regulation as an appropriate grounds for
protest;
(9) Any other factor the council determines is generally relevant or is relevant to the
particular application.
3 AAC 305.085. Local governing body protest.
(a) A local governing body may protest an application filed under this chapter. The
protest must be in writing, filed with the board, and copied to the applicant, and
must include the governing body's reason for the protest. The reasons stated by
a local governing body must be logical grounds for opposing the application or
continued operation of the license and have a reasonable basis in fact.
(e) A local governing body protest may be based upon facts that render the
particular application objectionable to the local body or may be based upon a
general public policy. If based on a general public policy, the policy must have a
reasonable basis in fact, may not be contrary to law, and may not be patently
inapplicable to the particular application being protested. The board will not
substitute the board's judgment for that of the local governing body on a matter
of public policy that has reasonable factual support.
"The board will deny an application if ... if the board concludes a protest of a local governing
body is not arbitrary, capricious, or unreasonable."'
GROUNDS FOR PROTEST
The city council protests the application for renewal of REPL # 3293 pursuant to
5.12.030(d)(8) and (9) as explained in more detail below. In summary, renewing this expired license
is not in the best interest of the public owing to the former license holder's persistent failure to
5 3 AAC 305.110(f).
Telephone (907) 486-8636 / Fax (907) 486-8633
mayor@city.kodiak.ak.us
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operate the license in accordance with applicable statutes and regulations and general failure to
meaningfully operate under REPL # 3293 for many years.
Under Alaska Statute 04.11.540, REPL # 3293 expired on February 28, 2024. On or about
March 16, 2024, one of the four REPLs authorized for issuance for a premises within the City of
Kodiak became available to all interested applicants. The board's regulations do not require
repeated renewal, much less reissuance, of unused licenses. Nor do the regulations allow a former
license holder to squat on an unused, expired license in lieu of making the limited number of REPL
licenses freely and fairly available to any qualified applicant. The City of Kodiak has previously
requested that the board authorized additional REPLs for the City of Kodiak. As long as City of
Kodiak REPLs are limited to four, the board should not grant the holders of expired licenses a
property right in obtaining a license that is not required by the laws that govern such licenses. The
City of Kodiak supports making the fourth REPL publicly available to all qualified applicants in
accordance with 3 AAC 305.040.
A. Untimely renewal of REPL # 3293 is not in the public interest.
Second Floor Restaurant did not exercise REPL # 3293 at all in the preceding three years and
has not actively exercised the license in a decade. Renewing a license that has not been actively
exercised in years and that lacks premises from which to operate the license if renewal is not in the
public interest.
1. Renewing a license that does not meaningfully contribute to the City's tax base is bad
public policy.
Active exercise of REPLs within the City of Kodiak contributes significantly sales tax revenue
to the City and is an important part of Kodiak's tourism and hospitality industry. Each year, sales
taxes account for 55-70% of the City's general fund revenue.
Of the four REPLs authorized for the City of Kodiak, two were held by the instant applicant
and have not been actively exercised in the past several years. Based on the preceding two years, an
actively exercised REPL within the City results in an average of $85,791.52 in sales tax revenue per
license, per year.
As the renewal application indicates, REPL # 3293 was not exercised in 2022, 2023, or 2024.
Based on the applicant's admitted non-use of the REPL # 3293 in 2022 and 2023 and the business's
lack of a mandatory State of Alaska business license since January 1, 2023, the board should
reasonably infer that Second Floor Restaurant's sales tax remittances during for 2022, 2023, and
2024 are essentially consistent with the evidence indicating that the business has not actively
operated for the past three years. If REPL # 3293 had been actively exercised in 2022, 2023, and
2024 with sales equal to the average Kodiak REPL that is actively exercised, the City would have
collected $257,374.56 in sales tax revenue from the licensee during this period.
Telephone (907) 486-8636 / Fax (907) 486-8633
mayor@city.kodiak.ak.us
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The application and accompanying waivers show that the applicant lacks the capacity, and
seemingly the intent, to operate REPL # 3293 in the foreseeable future. The City of Kodiak has lost
significant sale tax revenue as a result of the applicant's persistent failure to actively exercise # 3293.
Enough is enough. Reissuing and renewing the expired REPL # 3293 so that the applicant can
continue to not operate the Second Floor Restaurant (which lacks premises to license) and continue
to not contribute to the City's tax base defeats sound public policy.
2. Kodiak deserves an active and bustling hospitality industry.
Tourism is a significant component of the local economy and culture. Visitors and residents
alike enjoy dining out in Kodiak. The City need not explain to the board the role that beer and wine
plays in the restaurant industry. At present, one-half of the REPLs authorized for the City of Kodiak
are not actively exercised.
REPL # 3293 has been substantially unused for a decade, denying Kodiak's residents and
visitors enjoyment of 25% of the REPLs that may be issued within the City. Numerous Kodiak
entrepreneurs desire to actively operate a REPL business within the City. The applicant has not
used the license for this intended purpose and is not poised to do so. The four REPLs that may be
issued for premises within the City of Kodiak need to be used for their intended purpose.
That purpose is active use that enables an active, regulated hospitality industry. The purpose
of licenses issued pursuant to Alaska Statute Title 4 is expressly not to establish a property interest
in the license that can be held without use until the holder finds a suitable buyer to cash out the
property interest.' Rather, a license is privilege that can be maintained so long as the licensee
exercises the privilege in accordance with the title and applicable regulations.
Neither the residents and visitors to the City of Kodiak nor its eager entrepreneurs benefit
from one-half of the allowable REPLs going unused. The city council has determined that the public
interest and public policy are furthered by an active, lively hospitality industry, which is being
stymied by unsatisfied demand for restaurants that serve beer and wine. Reinstating and renewing
a license that will continue to be unused by the applicant defeats the public interest. Local
entrepreneurs must be given a fair opportunity to maximize the use of the limited number of
REPLs.
B. An REPL may not be reissued or renewed without a code compliant licensed premises.
For City of Kodiak water and sewer utilities, vacant properties pay one half the rate that is
applicable if the property is occupied.' Service to 116 E. Rezanof Drive has been charged at the
lower vacant rate. The owner of that real property confirmed that Second Floor Restaurant has not
e AS O4.11.660; see also AS O4.11.690(a).
' See City of Kodiak, Schedule of Fees, Charges and Tariffs, (July 1, 2024), at 14.4.1.26 and 14.5.3.25.
Telephone (907) 486-8636 / Fax (907) 486-8633
mayor@city.kodiak.ak.us
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held a lease for any portion of it for several years. It is the City's understanding that applicant does
not dispute that she does not use, control, or operate premises at 116 E. Rezanof.1
According to statute, "'licensed premises' means any or all designated portions of a building
or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled,
or operated by a licensee in the conduct of business for which the licensee is licensed by the board
at the specific address for which the license or an endorsement to the license is issued[.]"9
For a new license, the applicant must provide "documentation that shows the applicant's
right or title to, or interest in, the land and buildings at the location of the business to be
licensed[.]"10 A renewal application must identify "any change to proof of possession in the
preceding two calendar years"11 and contain "an annotated illustration of the premises designating
the areas for storage, service, and consumption of alcoholic beverages.12 It appears that the renewal
application fails to satisfy these requirements for a renewal application.
1. The board cannot grant the application because there is no licensed premises that is a
bona fide restaurant.
Alaska Statute 04.09.120(c) provides that the "board may issue or renew a license under this
section only if the (1) board determines that (A) the licensed premises is a bona fide restaurant as
defined in AS O4.21.080(b)[.]"13
Because a determination that the licensed premises is a bona fide restaurant necessarily
requires a licensed premises, the board cannot issue or renew an REPL without a licensed premises.
To renew R/E No. 3293, the board would be required to determine that the licensed premises is a
bona fide restaurant. Such a determination is not possible. Thus, the application must be denied.
2. The board should not issue a license absent a code -compliant premises.
KCC 5.12.030 authorizes the council to protest when the business operated under the
license is in violation of any fire, health, or safety code.14 When adopting this ordinance, the council
assumed the board would not issue or renew an REPL when the applicant has no premises from
which to operate the license. The assumption was reasonable because the regulations prohibit the
board from doing so.
s See also 3 AAC 305.050(c)(5) (requiring that a renewal application contain "any change to proof of
possession in the preceding two calendar years").
9 AS O4.21.080(b)(22).
10 3 AAC 305.045(c)(5).
113 AAC 305.050(c)(5).
1z AS O4.11.270(a)(1); AS 11.260(a)(3).
13 AS O4.09.120(c) (emphasis added).
14 KCC 5.12.020(d)6).
Telephone (907) 486-8636 / Fax (907) 486-8633
rnayor@city.kodiak.ak.us
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A "license is issued for a specific place which is the licensed premises, and which must be
clearly designated in a line drawing accompanying an application."15 Statute requires that the
"licensee shall surrender a current license to the board not later than 10 days after the loss or
vacation of the licensed premises."16 The City is unaware of any statute or regulation that authorizes
the board to issue a REPL without a specific place which is the licensed premises.
Even if the board could issue or renew an REPL without licensed premises, it would be
unreasonable to do so. Fire, building, and other life safety inspections are important components of
government regulation. The City of Kodiak cannot inspect non-existent premises to ensure that they
are reasonably free from hazards. The City acknowledges that the public cannot be harmed by non-
existent premises, but granting a license, which requires local regulations in terms of health, public
safety, and taxation, but which is based on a non-existent physical location is not in the public
interest.
The City of Kodiak objects to the board issuing any license that requires physical premises
for the license's operation when the applicant has not shown that the license will be operated from
code -compliant premises.
C. REPL # 3293 expired without a timely renewal application.
An application to renew REPL # 3293 for 2024 and 2025 is presently before the board,
several months into 2025. As explained below, this license expired on February 28, 2024.17 It cannot
be renewed. Only a new license may be issued to the applicant for 116 Rezanof Drive premises,l$
and all qualified persons are equally entitled to apply for any new REPL.19
1. A timely renewal application was not submitted, REPL # 3293 has expired.
Applicable statute and regulations are unambiguous that a complete renewal application
must be submitted by the deadline.20 Assuming the present application for renewal of REPL # 3293
15 3 AAC 305.630(a).
16 AS O4.11.580(b) (emphasis added).
17 AS O4.11.540 ("If a complete application for renewal has not been filed by February 28 or the
required fees and the penalty fees have not been paid by that date, the license, endorsement, or
conditional contractor's permit expires at 12:00 midnight February 28.").
18 See AS O4.11.540 ("A new license may not be issued to the holder of an expired license for the
same premises except on proof satisfactory to the board of good cause for the failure to file and pay.").
"See 3 AAC 305.040; see also Alaska Const. Art. I. § 1 ("all persons are equal and entitled to equal
rights, opportunities, and protection under the law").
20 AS O4.11.540 ("If a complete application for renewal has not been filed by February 28 or the
required fees and the penalty fees have not been paid by that date, the license, endorsement, or
conditional contractor's permit expires at 12:00 midnight February 28."); 3 AAC 305.050 (a) ("an
applicant for renewal of an alcoholic beverage license ... must file a completed application ... A complete
application must be on a form prescribed by the board and include the information and documentation
set out in this section, the application fee, and fees for renewal of licenses and endorsements as set out
under 3 AAC 305.145.").
Telephone (907) 486-8636 / Fax (907) 486-8633
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is a complete application, it was submitted no earlier than December 29, 2024. The notice given
pursuant to AS O4.11.520 confirms that the renewal application was deemed complete on or about
December 30, 2024. This is nearly a year after the deadline for submission of a completed renewal
application. Because a complete renewal application was not submitted, and the required fees and
penalty fees were not paid, by February 28, 2024, the license expired at 12:00 midnight February
28, 2024.21
2. The applicant may not be issued a new license and REPL # 3293 cannot be reinstated.
a. The applicant cannot be issued a new license.
Alaska Statute 04.11.540 states: "A new license may not be issued to the holder of an expired
license for the same premises except on proof satisfactory to the board of good cause for the failure
to file and pay."
First, the City of Kodiak has not been given notice of an application for a new REPL in
Kodiak,22 and it is unaware of any publishing of the notice that would be required for a new
license.21 Until a complete application for a new license has been submitted, and the City (and
Kodiak Island Borough) are given notice of the application and an opportunity to protest, no new
license may issue.
Second, if an application for a new REPL had been submitted for 116 Rezanof Drive premises,
the applicant would need to demonstrate good cause for failure to file a timely renewal
application.24 The City is unaware of good cause that would excuse the applicant's failure to file a
timely file a complete renewal application.
b. License No. 3293 cannot be reinstated.
The board's regulations allow it to consider "a written request to reinstate the license" that
expired because the applicant failed to submit a complete renewal application by February 28 of the
applicable year."21 Even if the holder of the expired license satisfies the mandatory requirements for
reinstatement, reinstatement, when otherwise allowed, is discretionary, not mandatory.
However, the "board will deny a request for reinstatement of a license submitted under (a)
of [3 AAC 305.0551 if:"
21 AS O4.11.540.
22 See AS O4.11.520.
23 See 3 AAC 305.075(a)(2).
24 AS O4.11.540 ("A new license may not be issued to the holder of an expired license for the same
premises except on proof satisfactory to the board of good cause for the failure to file and pay.").
25 3 AAC 305.055.
Telephone (907) 486-8636 / Fax (907) 486-8633
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(1) the license became available in accordance with 3 AAC 305.040 and the license was
issued to a different applicant, unless the limit of licenses under AS O4.11.400 has not
been reached; or
(2) the board finds that the applicant's failure to timely file or pay was caused by
(D) any other action of the applicant, whether active or tacit, that the board finds
constitutes a failure to lawfully operate the business for which the license was
issued.26
If a written request to reinstate REPL No. 3293 has been given to the board, the City is
unaware of it. And if such request has been made, the board appears to be prohibited from granting
the request.
First, and explained in more detail below, the City submits that Alaska's constitution, Title 4,
and the administrative regulations require that all persons be given a fair opportunity to apply for
the license under the present circumstances, which has not occurred.
Second, 3 AAC 305.055(b)(2)(D) precludes discretionary renewal when the applicant's failure
to timely renew the license results from the applicant's failure to lawfully operate the business for
which the license was issued. That certainly seems to be what has occurred here. The Second Floor
Restaurant was not lawfully operated between January 1, 2023 and the present date.27 No other
finding is possible.28 The applicant's waiver requests demonstrate that the license was not lawfully
exercised in 2022 and 2023. In addition, available information shows that the business lacks
premises from which the license could be lawfully operated. If the applicant failed to surrender
REPL # 3293 as required by AS O4.11.580(b), it is further evidence that the applicant has failed to
lawfully operate the business.
Taken as a whole, the record creates a strong inference that the applicant failed to timely file
a complete renewal application because the applicant had failed to lawfully operate the business for
many years. Simply put, the applicant abandoned lawful operation of the business and for the same
reason failed to timely submit a complete renewal application. It appears that the applicant
completed the renewal application nearly a year after the deadline for the sole purpose of selling
the license.29
" 3 AAC 305.055.
27 See AS 42.70.020.
211 See State of Alaska Business License # 2139779.
29 On January 8, 2025, the City receive notice of an application to transfer REPL #3293 to Nuniaq,
LLC. Nuniaq Cafe & Deli opened relatively recently and has been an excellent addition to the dining
options in downtown Kodiak. The business has sales tax delinquencies, but it has been working with the
city to cure those and would likely be a good candidate for an REPL when those issues are resolved.
While the City will ultimately be please to see more of the issued but unused Kodiak REPLs put into
active use by restaurants such as Nuniaq Cafe & Deli, it would be improper for the board to issue a
Telephone (907) 486-8636 / Fax (907) 486-8633
mayor@city.kodiak.ak.us
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3. All interested persons should be given fair opportunity to apply for the available REPL.
As the board is aware, demand for restaurant and eating place licenses for Kodiak
significantly exceeds the four licenses authorized. With limited exception, the board must deny
application when there are not licenses available.30
A license becomes available "30 days after a notice of expiration has been sent to a licensee
due to non -renewal of the license and not later than April 15 where the license becomes available
based upon the count of the relevant population[.)" Alaska Statute 04.11.550 states:
On or before February 15, the director shall mail a notice of expiration to each
licensee who has not either (1) filed an application to renew a license, along with
any applicable affidavits and all fees due, or (2) notified the director of an intent not
to do so. Failure of the director to mail this notice of expiration does not waive the
requirement that the application for renewal be filed by February 28.
It would be inequitable to deny interested persons a reasonably opportunity to apply for the
Kodiak REPL that became available by March 16, 2024.31
license for Second Floor Restaurant solely so that its owner can sell the license. Notably, the transfer
application would also relocate the premises. This is not the acquisition of a restaurant that holds a
license, but the purchase of an REPL license. Second Floor Restaurant has not actively exercised REPL
#3293 in years and has no premises from which to exercise it.
Waiving years of failure to actively exercise its license and issuing a license to Second Floor
Restaurant solely so that Second Floor can sell that license would blatantly defeat the statutory directive
that a license issued under Title 4 "is a personal privilege, not a property interest." The holder of expired
REPL #3293 did not exercise the privilege granted and does not intend to. The present application has
been made so that a license may be sold. The sole reason to issue Second Floor Restaurant an REPL (and
the only plausible argument that it will return to active use) is so that REPL may sell the license. This
would purely be a property interest as the applicant does not intent to enjoy the "personal privilege"
granted by the license, but to sell the license to another. Granting this application would be granting
Second Floor Restaurant a property interest, no more, no less.
Aside from turning a personal privilege into a marketable property interest in contravention of AS
04.11.660, issuing Second Floor Restaurant an REPL so that it can convey the license to Nuniaq, LLC
unfairly denies other local entrepreneurs an opportunity to apply for the available REPL license.
Assuming Nuniaq, LLC resolves its sales tax delinquencies, as it likely will, it would be a good candidate to
apply for a new REPL. Nuniaq, LLC and other local restaurateurs should be given equal opportunity to
apply for that license.
30 3 AAC 305.040.
3' 3 AAC 305.040(2). The City assumes that the AMCO director sent the expiration notice on or
before February 15, 2024 as required by AS O4.11.550.
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AMCO publishes a list that identifies the number of allowed license types for each
community as well as the number of licenses issued.32 It identifies that four REPLs are authorized for
Kodiak and that four were issued. This information was accurate as of January 16, 2024. However,
an REPL was available in Kodiak no later than March 16, 2024.33 Insofar as the City has been able to
determine, no public notice of the availability of an REPL was given.
"A license issued under [AS Title 4] is a personal privilege, not a property right."31 In accord
with constitutional mandates of equal protection and equal opportunities'31 the regulatory regime
manifests an intent that this privilege is equally available to all qualified persons,36 and to avoid
monopolies.31
However, it appears that the current applicant is the only person who had notice that an
REPL was available. All other interested persons would reasonably rely upon the license availability
list published by AMCO and would have no reason to believe that a license had become available
subsequent to publication of the list. As far as the City can determine, the only mechanism by which
an interested party other than the holder of the expired license could have learned that REPL # 329
had expired, and therefore a license was available, is by periodically inquiring with AMCO. Yet the
holder of the expired license is given written notice that the license has expired and is therefore on
notice that a license is available.31
There is no sound reason why the holder of an expired license, who by definition failed to
act to retain the privilege granted by the license, should have an advantage over all other persons by
receiving notice that a license is available when no other interested parties are given such notice.
This is particularly inequitable where published records suggest that no REPL for Kodiak is available.
D. Waiver of operation applications for 2022, 2023, and 2024 should be denied.
On December 29, 2024, the applicant filed requests for waiver of the requirement that the
license be exercised for at least 240 hours for 2022 and for 2023. In summary, the applicant argues
that the license could not be actively exercised during these years because the building in which the
licensed premises were located changed ownership and the applicant had difficulties with the new
landlord.
32https://www.commerce.a laska.gov/web/Porta Is/9/pub/ABC/0therAlcoholResources/PopLicCountC
hart1.16.24.pdf
3'See 3 AAC 305.040(2). The City presumes that the AMCO director mailed the notice required by AS
04.11.540.
34 AS O4.11.660(a).
35 Alaska Const. Art. I. § 1("all persons are equal and entitled to equal rights, opportunities, and
protection under the law").
36 See 3 AAC 305.100-.105.
37 AS O4.11.690.
38 AS O4.11.540.
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"Under AS 04.11.330(a)(3), the board will determine whether, through no fault of the
licensee or because the premises are under construction, the licensed premises could not be
operated for the required time during the preceding calendar year."31 The board cannot reasonably
find that the expired license was not actively exercised for reasons beyond the applicant's control.
First, failure to actively exercise REPL # 3293 for the past decade cannot be explained by
transfer of the real property in the summer of 2021.41 The applicant's difficulties with her former
landlord in 2022 and 2023 cannot reasonably be said to be the reason the license was not actively
exercised when failure to actively exercise the license in 2022 and was the continuation of a failure
to actively exercise the license since 2014.
Second, the applicant has not shown why the difficulties with the former landlord prevented
active exercise of the license for over two years. The applicant has not shown that she used
reasonable diligence to actively exercise the license despite the difficulties with the landlord. "A
breach of the covenant of quiet enjoyment 'whether the covenant is expressed or implied, occurs if
the lessee's enjoyment of the leased land is disturbed in a substantial manner either by the lessor or
by the owner of a title paramount.""' The conduct alleged of the landlord would violate such
covenant and, based on the facts presented by the applicant, appears to be tortious. The applicant
fails to identify what efforts she made to remedy the complained of conduct and it appears that
judicial redress was not sought.41 Nor has the applicant shown that she made diligent efforts to
obtain alternative premises from which to operate the license.
Failure to actively exercise the license for some period of time as a result of the landlord's
alleged interference is reasonable and beyond the applicant's control. Assuming that the landlord's
interference initially prevented active exercise of REPL # 3293 and assuming that it would have been
exercised but for this interference (an assumption belied by the record), the applicant could have
and should have sought to remedy that interference. The applicant has not shown what, if any,
efforts were made to ensure that the license was actively exercised despite the complained of
interference.
E. The board cannot grant a third, much less a tenth, waiver.
The applicant submitted waiver requests for not operating the license for the time required
under AS 04.11.330(a)(3) or (d) in 2022 and 2023. But as shown above, the license was not operated
for the time required under AS 04.11.330(a)(3) for several of the preceding calendar years, likely
39 3 AAC 305.120(b).
40 See Statutory Warranty Deed, recorded as Document No. 2021-001557-0, Records of the Kodiak
Recording District, Third Judicial District, State of Alaska.
41 Berrey v. Jeffcoat, 785 P. 2d 20. 23 (Alaska 1990).
42 CourtView does not show any suit involving the property owner, Second Floor Restaurant, or Sook
Yun, nor any case involving Sung W. Kim in the past decade.
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eight. Additionally, were the expired license reinstated, the applicant would need to request a
waiver for 2024 as the license was not actively exercised in 2024.
(e) The board may deny a third or subsequent, consecutive application for waiver
(1) unless the licensee clearly shows that the licensed premises were not
operated, because the premises were condemned or substantially destroyed
by any cause;
(f) Absent circumstances to the contrary, the board will deny a third or subsequent,
consecutive application for waiver in the event of condemnation or destruction
of the premises if the premises identified on an applicant's license are not leased
or owned by the licensee. Additionally, a third or subsequent consecutive
application for waiver that does not identify a licensed premises location will be
denied."
Whether or not the applicant sought and the board approved applications for waiver for any
of 2014, 2015, 2016, 2017, 2018, 2019, 2020, or 2021, the record shows that the applicant had not
satisfied AS 04.11.330(a)(3) prior to seeking earlier renewals of REPL # 3293. The applicant should
not now benefit from earlier failures to comply with the licensing requirements. Unless the
applicant satisfied the burden of showing that REPL # 3293 was actively exercised in 2014, 2015,
2016, 2017, 2018, 2019, 2020, and 2021, the board should treat the requests for waiver for 2022
and 2023 as the ninth and tenth requests for waiver respectively.44
Even if the board disregards the lengthy history of failure to actively exercise the license as
required by Alaska statute, it cannot disregard that the license was not actively exercised in 2024
based on the fact that the applicant did not submit a timely renewal application. The applicant, at a
minimum, must demonstrate that she satisfies the requirements for a third consecutive waiver —
waiver of the failure to actively exercise the license in 2024.
The applicant cannot demonstrate that she satisfies the requirements for a third waiver.
First, the applicant cannot show that the premises were condemned or substantially destroyed.
Even if it were otherwise, the board would be required to deny a third waiver based on
condemnation or destruction because the premises identified on an applicant's license are not
leased or owned by the licensee.41
Finally, "a third or subsequent consecutive application for waiver that does not identify a
licensed premises location will be denied."41 The waiver applications dated December 29, 2024
4s 3 AAC 305.120.
44 Even if waivers for 2020 and 2021 are not "counted" toward the total as a result of the pandemic,
the present waiver requests would need to be the seventh and eighth requests.
41 See 3 AAC 305.120(f).
46 3 AAC 305.120(f) (emphasis added).
Telephone (907) 486-8636 I Fax (907) 486-8633
mayor@city.kodiak.ak.us
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 115 of 150
AGENDA ITEM #14.D.1.
Hon. Dana Walukiewicz
January 30, 2025
Page 14 of 14
nominally identify the premises address as 116 Rezanof Drive. However, 3 AAC 305.120(f) must be
interpreted to mean that that the application identifies (i) actual existing premises that (ii) are under
the control of the applicant. In addition to other provisions,47 the statutory definition of "licensed
premises" demands as much.41 If an applicant could satisfy 3 AAC 305.120(f) by simply identifying
any premises, the requirement that the applicant identify a licensed premises location would serve
no purpose.
The owner of the 116 Rezanof Drive property has informed the City that the applicant does
not have a lease to premises at that property. The applicant's waiver applications tend to confirm as
much. As the applicant's right to possess the identified premises is doubtful, the applicant should be
made to produce evidence showing that the applicant has the right to possess the premises. Absent
reasonable proof of the right to possess as 116 Rezanof Drive, the waiver applications should be
denied because they do not identify a premises that the applicant has the right to possess. And if
the Board were to reissue REPL # 3293, the applicant would necessarily need to immediately
request waiver for 2024, which would indisputably be at least the third consecutive waiver, and
305.120(f) mandates that it "will be denied."
CONCLUSION
The holder of expired REPL #3293 failed to timely submit a complete renewal application,
and for good reason: The license has not been actively exercised in many years. Putting aside the
many technical defects that preclude the board from reissuing REPL #3293, the spirit of the laws and
public policy also militate against reissuing the license. A license issued under Title 4 is not a
property interest. It is a privilege that must be actively exercised for the benefit of the public. This
has not been true of REPL #3293 for many years and the applicant fails to show that the license
would be so exercised were it reissued.
REPL #3293 expired. AMCO should give public notice that an REPL for a location in the City
of Kodiak is available, providing all local entrepreneurs equal opportunity to obtain the privilege of
operating the license. The board can then, in accordance with 3 AAC 305.105, select among the
mutually exclusive and competing applications.
Sincerely,
CITY OF KODIAK
&PL4V��
47 E.g., AS O4.11.580; AAC 305.045(c)(5); 3 AAC 305.050(c)(5).
48 AS O4.21.080(b)(22).
Telephone (907) 486-8636 / Fax (907) 486-8633
rnayor@city.kodiak.ak.us
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 116 of 150
AGENDA ITEM #14.D.1.
THE STATE
°fALASKA
GOVERNOR MIKE DUNLEAVY
January 8, 2025
City of Kodiak
VIA Email: clerks@city.kodiak.ak.us
Kodiak Island Borough
VIA Email: Icruz@kodiakak.us; clerks@kodiakak.us
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West Th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
License Type:
Restaurant or Eating Place
License Number:
3293
Licensee:
Nuniaq LLC
Doing Business As:
Nuniaq Cafe & Deli
Premises Address
113 Lower Mill Bay Rd, Kodiak, AK 99615
Endorsement(s):
None
❑ New Application ® Transfer of Ownership Application
® Transfer of Location Application ❑ Transfer of Controlling Interest Application
We have received a completed application for the above listed license (see attached application documents) within
your jurisdiction. This is the notice required under AS O4.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the
director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of
receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a
meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the
application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the
application referenced above, please submit your protest within 60 days and show proof of service upon the
applicant.
AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the
license is prohibited under as a result of an election conducted under AS O4.11.507.
AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application
on the grounds that the applicant's proposed licensed premises are located in a place within the local government
where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a
variance from the local ordinance.
Sincerely,
Anna White, Licensing Examiner II
For
Lizzie Kubitz, Acting Director
amco.localaovernmentonly@alaska.gov
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 117 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
550 W 7" Avenue, Suite 1600
oar%� Anchorage, AK 99501
lttos://www.commerce.alaska.gov/web/amca
alcohol.licensine@alaska.Ro
r
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-01: Trangf�r License A►i"Nication
Why is this form needed?
This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or
location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska
Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, and
3 AAC 304.105.
This form must be completed and submitted to AMCD's Anchorage office, along with all other required forms and
documents, before any license application will be considered complete.
Section 1 — Transferor Information
Enter information for the current licensee and licensed establishment.
Licensee:
Sook C Yun
I License #:
3293
License Type:
I Restaurant or Eating Place
IStatutory Reference:
AS O4.09.210
Doing Business As:
Second Floor Restaurant
Premises Address:
116 W Rezanof Drive
City:
Kodiak IState:
AK
IZIP: 199615
Local Governing Body:
City of Kodiak, Kodiak Island Borough
Transfer Type:
L�J Regular transfer
❑ Transfer with security interest
I nvoluntary retransfer
OFFICE USE ONLY
Complete Date:
Transaction A
[ too '71 Ibc) (So
Board Meeting Date:
License Years:
Issue Date:
Examiner:
[Form AB-01) (rev 2/24/2022) Page 1 of 7
RECEIVED
FEB 2 7 2023
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 118 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
550 W 7" Avenue, Suite 1600
Anchorage, AK 99501
— alcohol.licensinekJalaska.guv
httos://www.commerce.alaska.gov/web/amco
%r
� Phone: 907.269.0350
Alaska Alcoholic Beverag Poptrol Board ,raeL OFRGE
.�If'IF X Form AB-01: Transfer License Application
Section 2 - Transferee Information
Enter information for the new aoolicant and/or location seekine to he licensed.
Licensee:
Nuniaq LLC
Doing Business As:
Nuniaq Cafe & Deli
Premises Address:
113 Lower Millbay Road
City:
Kodaik
IState:
jAlaska
ZIP:
I99615
Community council:
City of Kodiak
MailingAddress:
4207 Cliffside Road
City:
Kodiak
state:
AK
I ZIP:
199615
Designated Licensee: Melissa Berns
Contact Phone: 907.202.1139 Business Phone: 1907.481.1660
Contact email: nuniagak@gmail.eom
Yes No
Seasonal License? 0 ❑�
Premises to be licensed is:
If "Yes", write your six-month operating period:
Section 3 — Premises Information
❑✓ an existing facility 1-1 a new building a proposed building
The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only:
What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to
the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer.
What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to
the public entrance of the nearest church building? Include the unit of measurement in vour answer.
[form AB-01] (rev 2/24/2022)
RECEIVED
fFA 2 7 2023
Page 2 of 7
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 119 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
�ynniaeH�
-:
_�
550 W 7`h Avenue, Suite 1600
c^i.�' :•`Oti
�,
Anchorage, AK 99501
alcohol.licensingOalaska.eov
hit
/ww%-j.comme rce.alas ka. a ov/web/a mca
Phone:907.259.0350
_
Alaska Alcoholic Beverage Contrd!Board
Sr4rFaF� °
Form AB-01: Transf& Lii ense duplication
Section 4 - Sole Proprietor Ownership Information
This section must be completed by any sole proprietor who is applying for a license. Entities should
skip to Section 5.
if more space Is needed, please attach a separate sheet with the required information.
The following information must be completed for each licensee and each affiliate (spouse).
This individual is an:
ID applicant M affiliate
Name:
Melissa Berns
Address:
4207 Cliffside Road
City:
Kodiak
I state:
AK
ZIP:
99615
This individual is an:
El applicant affiliate
Name:
Address:
City:
State:
ZIP:
Section 5 - Entity Ownership Information
This section must be completed by any entity, including a corporation, limited liability company (LLC), partnership, or limited
partnership, that is applying for a license. Sole proprietors should skip to Section 6.
If more space Is needed, please attach a separate sheet with the required information.
• If the applicant is a corporation, the following information must be completed for each stockholder who owns 10%or more of
the stock in the corporation, and for each president vice-president secretary, and managing officer.
• If the applicant is a limited liability organizationthe following information must be completed for each member with an
ownership interest of 10%or more, and for each manager.
• Ifthe applicant is a partnership, including a limited partnership, the following information must be completed for each partner
with an interest of 10% or more, and for each general partner.
Entity Official:
Melissa Berns
Title(s):
Member
I Phone:
1907.202.1139
1 % Owned 1100
Address:
4207 Cliffside Road
City:
Kodiak
state:
AK
ZIP:
99615
[Form AS-01](rev 2/24/2022)
E L R 2 7 207,
Page 3 of 7
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 120 of 150
AGENDA ITEM #14.D.1.
�....._._ .__ Alcohol and Marijuana Control Office
1 r r;a , ry�]ri� 550 W 7ch Avenue, Suite 1600
Ir
iVOIwN;:Vo
__--------+ Anchorage, AK99501
v
r i alcohol licensine(aalaska,QOV
U 4 2!)h
= j
( tt p s: www.commerce.alaska�oJweb/amc0
Phone: 907.269.0350
/
Alaska Alcoholic Beverage `Contro[ Board 1,lii 0L OFFICE
Form AB-01: Transfer License Application
Entity Official:
Title(s):
Phone:
% Owned:
Address:
City:
State:
ZIP:
Entity Official:
Title(s):
Phone:
% Owned:
Address:
City:
State:
ZIP:
Entity Official:
Title(s):
Phone:
% Owned:
Address:
City:
State:
ZIP:
This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good
standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of
Alaska.
DOC Entity #:
10192876
AK Formed Date:
04/ 12/22
1 Home State: I
AK
Registered Agent:
Melissa Berns
Agent's Phone:
907.202.1139
Agent's Mailing Address:
4207 Cliffside Road
City:
Kodiak
state:
AK
zIP:
99615
Residency of Agent: Yes No
Is your corporation or LLC's registered agent an individual resident of the state of Alaska? a✓
(Form AB-011 (rev 2/24/2022) Page 4 of 7
FED 171g1
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 121 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
Lc).7 N
:1L�7_-.�I=;!!`f � �d 550 W 7 Avenue, Suite 1600
cp��� osi j —� Anchorage, AK99501
f ifs. �i �� 4 i9Za aicohol.licensine alaska.eov
htt vllwww.commerce.alaska. ov web amco
:,Lt.+- GO-WROL OFFICE Phone: 907,269.0350
Alaska Alcoholic Beverage Control Boatd.nr gtns�r,%
s.,,E.;F�► •/ Form AB-01: Transfer License Application
Section 6 - Other Licenses
ownership and financial interest in other alcoholic beverage businesses: Yes No
Does any representative or owner named as a transferee in this application have any direct or indirect ❑
financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska?
If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which
license number(s) and license type(s):
Section 7 - Authorization
Communication with AMCO staff:
Does any person other than a licensee named in this application have authority to discuss this license with
AMCO staff?
, "v__" r....,i♦La ., a ..i •6o individual and the reason for this authorization:
Nathan Svoboda, Business & Operations Manager
Yes No
[Form AB-031 (rev 2/24/2022) Page 5 of 7
i�ELZ - ED
FEB 2 7 202LI
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 122 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
550 W 71h Avenue, Suite 1600
"+�` Anchorage, AK 99501
yS f1�]I :���� �_�� 4� alcohol.licensingOalaska.eov
/ ! n h�ttos//wwty.commerce.alaska.pov/web/amco
e / l 4 f Jll { Phone: 907,269.0350
Alaska Alcoholic Beverage Control Board
• r194'OF- Form AB-01: Transferlicensee-Aippl1"Eation
Section 8 - Transferor Certifications
Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented.
I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify
that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this
application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete.
Signature of transferor
S G-U k- C - �f VI I
Printed name of transferor /� ✓✓��
Subscribed and sworn to before me this li' day off 20 o
NOTARY PUBUC
Micah fopacio Signature f Notary Public
MyCcmmisslonExpifasA
Notary Public in and for the State of
My commission expires:
ignature of transferor
3-l�v 2,Y/
Printed name of transferor YJ t�
Subscribed and sworn to before me this day of I�l_yiyl�t Vr� 2O X
t�
,�A.
OF Al .ASKNOTARY �USig ature of Notary Public
/• .�„> .
6LIC
Micah TOPacio Notary Public in and for the State of 1 1I
My Commission Expires: 1 _
l My commission expires: 4�
[Form AB-011 (rev 2/24/2022) Page 6 of 7
00 -7-78 0, b RECEIVED
FEB 2 71023
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 123 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
f�r5rf. —~ tr 550 W 7`h Avenue, Suite 1600
Anchorage, AK 99501
alcohol.hcseknas.in¢lalaska.aovN /y s: mov veb amco-I ce.alaPhone: 907.269,0350
Alaska Alcoholic Beverage C,d�it`�811��da�d, i'��? OFFICE
'r4 rEpF�g~''• Form AB-01: Transfer License App ication
Section 9 - Transferee Certifications
Read each line below, and then sign your initials in the box to the right of each statement: Initials
I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. KI
I certify that all proposed licensees have been listed with the Division of Corporations. li�]
I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds
for rejection or denial of this application or revocation of any license issued. KI
I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a
patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or
serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card
certifying completion of approved alcohol server education course, if required by 3 AAC 304.465.
1 agree to provide all information required by the Alcoholic Beverage Control Board in support ofthis application.
I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete
application, and 1 know the full content thereof. I declare that all ofthe information contained herein,and evidence or
other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or
response in this application, or any attachment, or documents to support this application, is sufficient grounds for
denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute
11.56,210 to falsify an application and commit the crime of unsworn falsification.
STATES Ol: AL.ASKA ..,
NOTARY PUBLIC
Micah Topacio
ignature of tra My Cammiscion exPores:LL L(; Signature of Notary u { iics%
fir'�f�1� bs—�f1 Notary Public In and for the State of r t t"""
Printed name
My commission expires:
ll�{
Subscribed and sworn to before me this day of 201-
[Form AS -Oil (rev 2/24/2022) QFCOV0 Page 7 of 7
lf�+
EJ,B 2. T 202E
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 124 of 150
AGENDA ITEM #14.D.1.
; : i I Alcohol and Marijuana Control Office
i. lam. 1 1
550 W 7th Avenue, Suite 1600
i Anchorage, AK 99501
I alcofrol.Itcensint 0alaska.eov
http5://w%w4.commerce.alaska.gov/web/amco
O FICE { Phone:907.269.0350
Alaska Alcoholic Beverage Control-B---rd
s.,
F Form AB-02: Premises Diagram
Why is this form needed?
A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and
3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars,
fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or
building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the
location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the
other businesses and/or tenants within the building or building complex.
The second page of this form may not be required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be
submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any
supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation
for your premises diagram is needed.
This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered
complete.
I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second
page of this form.
Section 1 - Establishment Information
Enter information for the business seeking to be licensed, as identified on the license application.
Yes No
7 El
Licensee: Nuniaq LLC
License Number:
3293
License7ype:
I Restaurant or Eating Place
Doing Business As:
I Nuniaq Cafe & Deli
Premises Address:
1113 Lower Millbay Road
City:
JlKodiak
Istate:
JAK
I ZIP:
99615
[Form AB-021 (rev 2/28/2022)
ftFC'q-(VVn
P
Page 1 of 2
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 125 of 150
AGENDA ITEM #14.D.1.
f-, },-- - Alcohol and Marijuana Control Office
1.11,, 550 W 7� Avenue, Suite 1600
Anchorage, AK 99501
V 4 /+ "' I alcohol. licensing(@alaska.gov
h"o.s://www.commerce.alaska.goy/webLi mco
1A%;-,O:OFFICE I Phone: 907.269,0350
Alaska Alcoholic Beverage Control -Board— ."I.ASRA
• s�"�Ep{� Form AB-02: Premises Diagram
Section 2 - Detailed Premises Diagram
Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior
layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in
red the perimeter ofthe areas designated for alcohol storage, service, consumption, and manufacturing. Include dimensions, cross -
streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meetthe requirements of
♦L.:_ F..r...
[Form AB-021 (rev 2/28/2022) Page 2 of 2
R,EVEEM1,
vpp, 2 i 2M
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 126 of 150
AGENDA ITEM #14.D.1.
t9'
Melissa Berns, Chef & Owner
113 Lower Mill Bay Road
Kodiak, Alaska 99615
Restaurant: 907.481.1660
NUNIAQ Cell: 907.202.1139
Email: nuniagak@gmail.com
Nuniag Interior
Interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits,
walls, bars, and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, ser-
vice, consumption, and manufacturing 3 i
65'
34' 7' —i 12' 12'
Walk In Walk In Refrigerator
T
Freezer with cold storage for
Office/Furnace Room
8
Kitchen/Cook Area (20' x 34')
7' x 7' beverages
( )
(8' x 12' )
(12'x12')
Steam Table, Deli Frig, Fryer, Small Chest Freezer, Flat
Grill, Oven/Range, Double Electric Oven, Prep tables
Alcohol stored here
Dish Storage
(11'x12')
11'
Deli/Front Service Counter Handwashing/Prep Sink/3 Compartment/Dishwasher/Ice
a fir
Dining Area (19' x 41')
Dry Storage
Alcohol served here
20' x 12'
I
❑
Alcohol stored here
M20
C
Q
utilityX.
rn
Room
41' I 4'�— 8' —j 12'�
♦ Areas where alcohol is served or sold are identified in blue
♦ Areas where alcohol is stored are identified in orange 0
♦ The interior of our dining space for patrons is outlined with tables marked with yellow boxes. The main entrance in green.
♦ The Deli/Front Service Counter is marked in a blue box and were beverage orders will be taken in addition to table service.
♦ Walk in refrigerator with storage for cold beverages is marked in orange.
♦ The dry storage and receiving area will include storage for warm beverages is marked in orange
♦ Business office where records will be kept is marked.
,r , "W�,�;�ED
♦ Restrooms and the utility room are marked in gray boxes `' � "
EB 7 703
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 127 of 150
AGENDA ITEM #14.D.1.
Yo
NUNIAQ
Melissa Berns, Chef & Owner
113 Lower Mill Bay Road
Kodiak, Alaska 99615
Restaurant: 907.481.1660
Cell: 907.202.1139
Email: nuniagak@gmail.com
Section 2 — Detailed Premises Diagram
Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior
layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and out-
line in red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. Include dimen-
sions, crossEstreets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the
requirements of this form.
Nuniaq Exterior
Premises Boundaries, Dimensions, Cross Streets, Entrance,
r lip
r �
i
-A '�• �.*
SOP on.
',0 Dat attribution 4'19l2025-newer
N
W E
.".0 ni � i n ilea. 281 nt
♦ Nuniaq LLC. is located at 113 Lower Millbay Road in the City of Kodiak, Alaska and Kodiak Island Bor-
ough.
♦ The building is 2,400 square feet; dining space is —600 square feet.
• The property is on a .17 acre lot situated between Yukon Street and Lower Millbay Road.
♦ The main cross streets include Yukon Street, Lower Millbay Road and East Rezanof Drive in downtown
Kodiak.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 128 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
�bw�u^W *For Restaurant information part of the Restaurant 550 W 7"Avenue, Suite 1600
Anchorage, AK 99501
or Eating Place License Type* alcohol. Iice nsinQpalaska.eov
i
https://www.commerce.alaska.g v/web/amco
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
Why is this form needed?
A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304.715 — 3 AAC 304.795 as a
bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049. Designation will be granted only to a
holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the
requirements of 3 AAC 304,305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the
meals, including entrees prepared on -site and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS
documentation for licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS
04.16.049 —AS O4.16.052 and 3 AAC 304.715 — 3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee
may be made by credit card, check, or money order.
Section 1 - Establishment Information
Enter information for licensed establishment.
Licensee:
Nuniaq LLC
License Type:
Restaurant or Eating Place
License Number: 3293
Doing Business As:
Nuniaq Cafe & Deli
Premises Address:
113 Lower Mlllbay Rd.
City:
Kodiak
State:
AK zlP:
99615
Contact Name:
Melissa Berns
Contact Phone: 907-202-1139
Section 2 - Type of Designation Requested
This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of
AS O4.16.010(c) or AS O4.16.049, and for the request of the following designation(s) (check all that apply):
1.1-1 Dining after standard closing hours: AS O4.16.010(c)
2. ❑� Dining by persons 16 — 20 years of age: AS O4.16.049(a)(2)
3. ❑� Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS O4.16.049(a)(3)
4. a Employment for any persons under 21 years of age: AS O4.16.049(c)
NOTE: Under AS O4.16.049(d), a Department of Labor and Workforce Development work permit is not
required to employ a person 18 - 20 years of age.
OFFICE USE ONLY
Transaction #. I ' �o%-7 g p (� i� r� I Initials: 1
[Form AB-03] (rev 10/27/2022)
$50 4;,-}
AEOSIVED
rrvp W)
Page 1 of 5
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 129 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
bona„vAMq 550 W Th Avenue, Suite 1600
Anchorage, AK 99501
°O
^. alcohol.licensinQ@alaska.eov
https://www.commerce.alaska.gov/web/amco
Phone:907.269.0350
IAlaska Alcoholic Beverage Control Board
sr4Fof Form AB-03: Restaurant Designation Permit Application
Section 3 — Minor Access
Review AS O4.16.049(a)(2); AS O4.16.049(a)(3); AS O4.16.049(c)
List where within the premises minors are anticipated to have access in the course of either dining or employment as designated in
Section 2. (Example: Minors will only be allowed in the dining area. OR Minors will only be employed and present in the Kitchen.)
Non employeed minors will only be allowed in dining area.
Employeed miniors will be permitted in the kitchen and dining area.
Describe the policies, practices and procedures that will be in place to ensure that minors do not gain access to alcohol while
dining or employed at your premises.
Alcohol will be under direct supervisoion of managers at opening, during service and closing. Only
staff with TAP cards will be permitted to accecss beer/wine in receiving, storage, stocking and
during services.
In addition; camera monitoring systems are in place and recording indoor and outdoor, monitoring
activitiies at all times.
Alcohol will be stored under lock and key with access limited to TAPS certified staff. Key for alcohol
stroage will be limited to owners and managers.
Yes No
Is an owner, manager, or assistant manager who is 21 years of age or older always present on the premises
during business hours?
Section 4 — DEC Food Service Permit
Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant, a Food Service Permit or (for licenses within
the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required.
Please follow this link to the DEC Food Safety Website: http://dec.alaska.gov/eh/fss/food/
Please follow this link to the Municipality Food Safety Website:
http://www.mu n i.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx
IF you are unable to certify the below statement, please discuss the matter with the AMCO office: Initials
I have attached a copy of the current food service permit for this premises OR the plan review approval.
*Please note, if a plan review approval is submitted, a final permit will be required before finalization of any permit or license
application.
(Form AB-03] (rev 10/27/2022) �j�r Page 2 of 5
EClg/lVEJV
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 130 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
1h Avenue, Suite 1600
550 W 7Anchorage,
AK 99501
alcohol.licensing(a)alaska.eov
https:/Iwww.commerce.alaska.gov/web/amco
Phone: 907.269.0350
. 1 Alaska Alcoholic Beverage Control Board
>,rEoFA Form AB-03: Restaurant Designation Permit Application
Section 5 - Hours of Operation
Review AS O4.16.010(c).
Enter all hours that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate am/pm:
Sunday 10am-2pm
Monday -Thursday 11 am-2pm
Friday 4pm-8pm
Section 6 - Entertainment & Service
Review AS O4.11.100(g)(2)
Yes No
Are any forms of entertainment offered or available within the licensed business or
within the proposed licensed premises?
If "Yes", describe the entertainment offered or available and the hours in which the entertainment may occur:
May have some music on weekends or special occasions
Food and beverage service offered or anticipated is:
atable service buffet service counter service other
If "other", describe the manner of food and beverage service offered or anticipated:
Page 3 of 5
[Form A13-03] (rev 10/27/2022) [aj+CJ . �"VIED � _fy �.. p VED
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 131 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
550 W 71h Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensinR@alaska.eov
httas://www.commerce.alaska.eov/web/amco
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
•' 82'
4
rFpFA
. Form AB-03: Restaurant Designation Permit Application
Section 7 - Certifications and Approvals
Read each line below, and then sign your initials in the box to the right of each statement: Initials
There are tables or counters at my establishment for consuming food in a dining area on the premises.
I F�61
I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons.
This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises.
D-L
I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site,
golf course, or restaurant or eating place license.
1E
I have included with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted.
(AB-03 applications that accompany a new or transfer license application will
not be required to submit an additional copy of their premises diagram.)
I hereby certify that I am the person herein named and subscribing to this application and that I have read the
i
complete application, and I know the full content thereof. I declare that all of the information contained herein,
and evidence or other documents submitted are true and correct. I understand that any falsification or
misrepresentation of any item or response in this application, or any attachment, or documents to support this
application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A
misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn
falsification.
'Printed name of licensee /Signature of licensee
Local Government Review (to be completed by an appropriate local government official): Approved Denied
Signature of local government official Date
Printed name of local government official
Title
[Form AB-03] (rev 10/27/2022) 11-pi„r1y'i, ED
1.. fir'' ���^!�?L�gj1�.
Page 4of5
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 132 of 150
AGENDA ITEM #14.D.1.
Alcohol and Marijuana Control Office
y6N' i�
S50 W Th Avenue, Suite 1600
Anchorage, AK 99501
aIcoho1.1icensine@aIaska.eov
https://www.commerce.alaska.pov/web/amco
r
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
AMCO Enforcement Review:
Enforcement Recommendation: Approve Deny
Signature of AMCO Enforcement Supervisor
Printed name of AMCO Enforcement Supervisor
Date
Enforcement Recommendations:
AMCO Director Review:
Approved Denied
Signature of AMCO Director
Printed name of AMCO Director
Date
Limitations:
[Form A13-03] (rev 10/27/2022)
Page 5 of 5
RBC%Mp
r t 1 70D
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 133 of 150
AGENDA ITEM #14.D.1.
FROM THE KITCHEN FROM THE DELI
Featured Burger of the Month 19 FALL BUDDAH BOWL GFN 16
BOURBON BBQ & BACON MEATLOAF BURGER Our bowl is filled with some of the best seasonal flavors, in -
Juicy and delicious bourbon bbq meatloaf grilled and topped with cluding roasted butternut squash, dried cranberries, crunchy
more bourbon BBQ sauce, thick crisp pieces of bacon, melted pecans, pumpkin seeds, crumbled fete cheese, crispy apples,
cheddar cheese and greens on a Kaiser bun. Served with our quinoa, and greens with a tangy apple cider vinaigrette.
house chips.
SALMON MELT GF*
A melt in your mouth blend of wild Alaskan salmon and fresh
herb spread sandwiched with cheddar cheese and herb cream
cheese on toasty sourdough bread. Served with house chips.
BANG BANG SHRIMP BOWL GF
Crisp shrimp in a tangy bang bang sauce with a little kick! Served
over brown rice with edamame, pickled red onion, cucumbers
and carrots. Bowls come with a side salad and toasted sesame
dressing; simply irresistible!
COD JALAPENO POPPER GRILLED CHEESE GF*
Grilled Pacific cod paired with our herb cream cheese blend:
melly cheddar cheese and pickled jalapeno slices on sourdough
bread. Served with our house chips
I SMOKED SALMON WRAP GF' 17.50
Flakey smoked Kodiak salmon on an herb cream cheese
spread tortilla wrapped with cucumber slices, baby spinach,
pickled red onions and sweet bell peppers.
17.5 Served with tortilla chips.
CHICKEN PESTO WRAP GF* 1a
Garlic and herb roasted chicken breast lopped with basil pes-
to, sun dried tomato puree, fete crumbles and mixed greens
in a sun dried tomato tortilla wrap. Served with tortilla chips.
18
NUNIAQ BURGER 16.5
Our juicy and delicious, hand-crafted, 113# seasoned, all beef
burger grilled and topped to your liking. Served on a toasted
kaiser bun with chips, greens, tomato slices, pickled onions, and
condiments.
Add Cheese: Cheddar/PepperJacklHabanero/Swiss $1.
Bacon $2 Avocado Spread $1 Peanut butter $1
Fried Egg $1.5 BBQiChipode Ranch/Cilantro Sauce $ .5
SOURDOUGH BLTA GF*
Four pieces of thick smoked bacon, crisp greens, tomato slices,
avocado spread and our house chipotle ranch on a toasted sour-
dough bread. Served with our house chips.
TACOS GF*
Three corn tortilla tacos with melted cheese; your choice of Pa-
cific Cod, Southwest Seasoned Chicken or Southwestern
Veggie; lopped with our Asian salad blend and your choice of
cilantro -lime cream or chipotle ranch. Served with tortilla chips
and salsa.
GRILLED FLANK STEAK SANDWICH GF'
Tender and juicy flank steak strips on a bed of Cajun shrimp
remoulade with pickled red onions and greens on a warm ciabat-
ta roll. Served with our house chips
SEAFOOD CHOWDER
Our chowder is the ultimate comfort food made with Kodiak's
freshest seasonal seafood blended with creamy potatoes, car-
rots, and of course, salty smoked bacon; served with pilot bread
and sweet cream butter. Served in a cup or bowl.
BUTTERNUT SQUASH & CASHEW BISQUE DN/GF*
Slow roasted butternut squash seasoned with notes of thyme &
sea salt and pulled together with a smooth cashew cream.
Topped with sourdough croulons and spicy roasted pepilas.
'Soup is vegan and gluten & dairy free; croutons served on the
side.
18
SIERRA TURKEY WRAP GF* 18
Oven roasted turkey breast paired with sharp white cheddar
cheese, baby spinach, herb cream cheese and dried cranber-
ries roiled together in a spinach wrap. Served with sweet
onion vinaigrette and tortilla chips.
CHICKPEA & HERB SALAD VIGF 16
A fresh and creamy chickpea salad in a lemon. Greek yogurt
and herb blend served with sliced radishes, shredded carrots
and cucumbers on a bed of salad greens; served with pile
bread.
GREEK CHICKEN SALAD GF 17
Mediterranean seasoned chicken, cherry tomatoes, banana
pepper rings, cucumber, Kalamata olives, red wine vinegar
pickled red onions, and feta cheese nestled on a bed of fresh
salad greens! Served with a balsamic vinaigrette.
17/17/16 KODIAK SMOKED SALMON PASTA SALAD 9
Wild caught Kodiak salmon brined and hot smoked to perfec-
tion; combined with herbs, bell peppers, penne pasta, and a
creamy dressing. 16oz cup
CAESAR SALAD VIGF* 12.5
Crisp fomaine lettuce tossed in our house Caesar dressing
18.5 with parmesan cheese, crunchy sourdough crouton pieces
and sweet cherry tomatoes.
SWEETS & TREATS
8/15
DREAM BARS 5
TRIPLE CHOCOLATE BROWNIES 5
14 KRISPY TREAT BARS 4.5
COOKIES, CUPCAKES AND OTHER BAKED GOODS
Our bakers will have fresh and hot out of the oven options to
satisfy your sweet tooth daily! Stop by or ask when placing an
order to see what's new.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 134 of 150
AGENDA ITEM #14.D.1.
,�,uir•�ir,�7,
f
s�•��xc� nisi'
Alaska Food Code
2024 Establishment Permit
Division of Environmental Health
Food Safety & Sanitation Program
Permit Number: 13681
Issued to: NUNIAQ LLC
For: Nuniaq
For Operation of: FF-7 Food Service and Caterer
Located at: 113 Lower Mill Bay RD Kodiak, AK 99615
This permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless
suspended or revoked by the department.
This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted
in plain view in the establishment and is the property of the State of Alaska_
Expiration Date: Program Manager:
December 31, 2024 j,(�f5.,y�
If you have questions or concerns regarding
safe food handling practices call toll free:
1-8- 1'-/r-- SAJ--1'h-t `U0D
(in Anchorage call 334-2560)
y OF TH
• °F ALASY'r i
RECEIVED
PER 2 7 2071
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 135 of 150
AGENDA ITEM #14.D.1.
From: Seema Garoutte
To: Lina Cruz
Cc: Clerks; Aimee Williams
Subject: RE: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc"d Staff)
Date: Tuesday, January 14, 2025 10:45:10 AM
Attachments: imaae004.oif
imaae001.ono
There are two accounts for this property, one real and one business personal property.
In looking at the BPP account, the account has been in the transferee's name for 3 years. In those
three years, Assessing has had to force file the account, as the business owner has refused to file.
Assessing is protesting the transfer of this license based on noncompliance in filing Business Personal
property since it has been open.
Best,
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Thursday, January 9, 2025 9:35 AM
Cc: Clerks <Clerks@kodiakak.us>
Subject: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc'd Staff)
Importance: High
Good morning,
The Alcohol & Marijuana Control Office (AMCO) has notified the Clerk's Office of a Transfer of
Location and Ownership application for the following license:
TRANSFEROR
TRANSFEREE
Licensee:
Sook C Yun
Nuniaq LLC
License Type: Restaurant Eating Place
DBA
Second Floor Restaurant
Nuniaq Cafe & Deli
Premises Address:
116 W Rezanof Drive
113 Lower Mill Bay Road
Kindly examine the attached application packet and inform me via email whether your department
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 136 of 150
AGENDA ITEM #14.D.1.
has an interest in protesting the transfer of location and ownership of the liquor license. I would
appreciate your response by Tuesday. January 21. Please note that a lack of response will be
interpreted as no protest.
Should you have any questions, feel free to reach out.
Link to the Borough code: 5.01.030 New license and transfer procedure
u
Lina Cruz, CMC
Deputy Clerk
Office of the Borough Clerk
710 Mill Bay Road, Room 234
Kodiak, AK 99615
(907) 486-931 1
(907) 486-9391 Fax
Icruz@kodinkak.us
PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject
to provisions of the Alaska Statutes and may be made available to the public upon request.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 137 of 150
AGENDA ITEM #14.D.1.
From:
Hansen. Ted
To:
Lina Cruz
Subject:
RE: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc"d Staff)
Date:
Thursday, January 9, 2025 10:55:11 AM
Attachments:
innaae001.oif
Lina,
Nuniaq has an open building permit that has never had a final inspection called for. With this in mind
I would object to the transfer.
Ted Hansen, CBO
Building Official
Department of Building Safety
City of Kodiak / Kodiak Island Borough
thansen(@cit)l.kodiak.ak.us
907-486-8072 or 907-486-8070
710 Mill Bay Road, Room 208
Kodiak, Alaska 99615
From: Lina Cruz <Icruz@kodiakak.us>
Sent: Thursday, January 9, 2025 9:35 AM
Cc: Clerks <Clerks@kodiakak.us>
Subject: REPL Transfer of Location & Ownership Application - Nuniaq (Bcc'd Staff)
Importance: High
[CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on
links, open attachments, or provide sensitive information unless you are certain of the sender's identity and
trust the content. Report any suspicious emails to the IT department.
Good morning,
The Alcohol & Marijuana Control Office (AMCO) has notified the Clerk's Office of a Transfer of
Location and Ownership application for the following license:
TRANSFEROR
TRANSFEREE
Licensee:
Sook C Yun
Nuniaq LLC
License Type: Restaurant Eating Place
DBA
Second Floor Restaurant
Nuniaq Cafe & Deli
Premises Address:
116 W Rezanof Drive
113 Lower Mill Bay Road
Kindly examine the attached application packet and inform me via email whether your department
has an interest in protesting the transfer of location and ownership of the liquor license. I would
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 138 of 150
AGENDA ITEM #14.D.1.
appreciate your response by Tuesday, January 21. Please note that a lack of response will be
interpreted as no protest.
Should you have any questions, feel free to reach out.
Link to the Borough code: 5.01.030 New license and transfer procedure
❑®
Lina Cruz, CMC
Deputy Clerk
Office of the Borough Clerk
710 Mill Bay Road, Room 234
Kodiak, AK 99615
(907) 486-931 1
(907) 486-9391 Fax
lcruz@kodrakak.us
PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject
to provisions of the Alaska Statutes and may be made available to the public upon request.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 139 of 150
AGENDA ITEM #14.D.1.
REPL #3293 Second Floor Restaurant
License renewal for years 2024-2025 is currently on hold.
W,A7
Next Steps
Page 1 of 4
• November 21, 2024, the Assembly voiced protest to continued
operation of REPL #3293 and directed the Clerk to notify the
licensee of their right to defend their license at the next meeting
• December 19, 2024, the Assembly provided an opportunity for the
licensee to be heard. Assembly voiced protest to the
operation of this license and requested for the revocation of the
license.
• December 31, 2024, the Borough received the renewal notice for
the Years 2024-2025. This notice from AMCO is a year late.
• January 8, 2025, the Borough received the transfer of ownership
and locatio notice from Ms. Yun to Nuniaq Cafe and Deli/116 W.
Rezanof to 113 Lower Mill Bay Rd.
• January 16, 2025, the Borough Assembly voiced objection to the
renewal for the years 2024-2025.
• February 4, 2025, the ABC Board postponed the protest to the
continued operation and the renewal to a meeting no earlier than
March 1. They also postponed the transfer of ownership and
location because of the impending protest of the City of Kodiak to
the untimely renewal of this license (see letter attached).
• February 20, 2025, the assembly voiced protest to the transfer of
ownership and location from Ms. Yun to Nuniaq Cafe and Deli/116
W. Rezanof to 113 Lower Mill Bay Rd. The Borough needs to
respond to the ABC Board Notice by March 9, 2025.
• If the ABC board overrules the Borough's protests (any of the
previous Assembly actions above including a possible protest of the
transfer of ownership), the Kodiak Island Borough Assembly may
exercise its appeal rights. By taking another action, the Assembly
may give direction to request a hearing on the ABC Board's
decisions.
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 140 of 150
AGENDA ITEM #14.D.1.
REPL #3293 Second Floor Restaurant
Date
Timeline
Borough Actions/City of Kodiak Actions
February 17,
AMCO Notice of renewal received for year 2020-2021
2020
March 15,
AMCO only sent the renewal notice to the City of Kodiak. The Borough wasn't
2022
included in the email, even though the cover letter mentions that both the Borough
and the City should have received it. Due to the lack of notice, the KIB missed the
opportunity to investigate REPL 3293 for the license period 2022-2023.
November 21,
Assembly voiced protest to continued operation of REPL #3293 and directed the
2024
Clerk to notify the licensee of their right to defend their license at the next meeting
November 22,
KIB Clerk contact licensee by phone, email, and postal mail for opportunity to
2024
defend license
December 4,
Ms. Yun and daughter Stephani discussed process with Clerk in person
2024
December 15,
Deputy Clerk spoke with licensee about participating during 12/17 ws and 12/19 rm
2024
December 19,
Assembly voiced protest to the continued operation of this license and directed the
2024
Borough Clerk to advise ABC Board of this objection and requested for the
revocation of the license
December 31,
The Borough received the renewal notice for the Years 2024-2025. This notice from
2024
AMCO is a year late.
The renewal notice included waivers of operation notices for Years 2022 and 2023.
The licensee is late for filing a waiver for the year 2024. The waiver was due on
November 1, 2024, that waiver needs to go to the ABC Board for consideration.
January 6,
Sent a letter to licensee regarding her right to defend the renewal application before
2025
the Assembly.
January 8,
The Borough received the transfer of ownership and location notice from Ms. Yun to
2024
Nuniaq Cafe and Deli/116 W. Rezanof to 113 Lower Mill Bay Rd.
January 16,
The Assembly voiced objection to the renewal.
2025
January 17,
The Clerk's Office notified AMCO of the Assembly's objection to the renewal.
2025
January 23,
The City of Kodiak considered the renewal of this license during their regular
2025
meeting of January 23, 2025, and postponed action to a January 30, 2025, special
meeting.
January 30,
The City held a special meeting and voiced a protest to license #3293. They
2025
authorized a letter written by the City attorney (see attached).
February 4,
The ABC Board scheduled the following on their agenda:
2025
Protest of continued operations
• Protest of renewal
• Transfer of ownership and location
All of these items were postponed to a meeting no earlier than March 1, 2025.
February 13,
The City of Kodiak protest the transfer of REPL No. 3293 based on the expired
2025
status of REPL No. 3293 and that the license should not be renewed for the
reasons set forth in the City's protest of the pending application to renew REPL No.
3293; and further protested the transfer of REPL No. 3293 based on the
Page 2 of 4
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 141 of 150
AGENDA ITEM #14.D.1.
transferee's sales tax delinquency, provided that this basis for protest shall be
withdraw if, as of May 1, 2025, Nuniaq LLC has complied with all requirements of
its sales tax repayment agreement and has filed a complete 2025 Quarter 1 sales
tax return.
February 20,
The assembly voiced protest to the transfer of ownership and location from Ms. Yun
2025
to Nuniaq Cafe and Deli/116 W. Rezanof to 113 Lower Mill Bay Rd. The Borough
needs to respond to the ABC Board Notice by March 9, 2025.
Additional Information on REPL #3293
Alaska Business License
AS 43.70.020(a) a business license is required for the privilege of engaging in a business in the
State of Alaska.
• November 19, 2016, to December 31, 2020, Licensed
• January 21, 2021, to September 16, 2021, Gap, None Issued
• September 17, 2021, to December 31, 2022, Licensed
• January 1, 2022, to present, None issued
License# Business Name
Owner Name
Cky
Status
2139779. SECOND FLOOR RESTAURANT
... .................:
SUNG WON KIM
KODIAK
Expired
1045076 SECOND FLOOR RESTAURANT
SOOK C YUN
KODIAK
Expired
1023833 SECOND FLOOR RESTAURANT
SOOK C YUN
KODIAK
Expired
Waiver of Operation Application
AS O4.11.330 (a3)
The applicant has not operated the licensed premises for at least 240 hours during each of the
two preceding calendar years, unless the board determines that the licenses premises are under
construction or cannot be operated through no fault of the applicant.
3 AAC 304.170
(a) Except as provided in this section, the board will deny an application for renewal of a license
if the licensed premises were not operated for the time required by AS O4.11.330(a)(3) or (d).
(e) The board will, in its discretion, deny a third or subsequent consecutive application for
waiver unless the licensee clearly shows that the licensed premises were not operated
because the premises were condemned or substantially destroyed by any cause. If the
premises identified on an applicant's license are not leased or owned by the licensee, the
third or subsequent application will, in the board's discretion, be denied. Additionally, a third
or subsequent consecutive application for waiver that does not identify a licensed premises
location will, in the board's discretion, be denied.
Waivers of Operation
2015 Licensed renewed in 2016 under ABC consent agenda, unable to determine if
waiver was filed
Page 3 of 4
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 142 of 150
AGENDA ITEM #14.D.1.
2016 &
Licensed renewed on April 3, 2018, under ABC consent agenda, no records
2017
indicate that waivers were filed
2018 &
License was renewed March 31, 2020, under ABC consent agenda, no
2019
records indicate waivers were filed.
2020 &
Wavier granted as a result of the pandemic
2021
2022
Waiver #1, submitted late to AMCO on December 29, 2024
2023
Waiver #2, submitted late to AMCO on December 29, 2024
2024
Waiver #3, None submitted as of February 12, 2025. The date to submit a
waiver application to avoid a late fee for 2024 was on November 1, 2024.
*All third or subsequent waiver applications must go before the ABC Board for consideration.
Page 4 of 4
Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Mari... Page 143 of 150
AGENDA ITEM #14.D.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
MARCH 6, 2025
ASSEMBLY REGULAR MEETING
SUBJECT: Nomination Of Mr. Elijah Jackson For The Kodiak Village Mayors Association
Seat On The Prince William Sound Regional Citizens' Advisory Council Board
Of Directors
ORIGINATOR: Irene Arellano, Assistant Clerk
RECOMMENDATION:
Move to confirm the nomination of Mr. Elijah Jackson to the Prince William Sound Regional
Citizens' Advisory Council Village Mayors Association Seat.
DISCUSSION:
The Prince William Sound Regional Citizens' Advisory Council was formed after the Exxon
Valdez oil spill to provide a voice for citizens affected by decisions related to the Alyeska
pipeline terminal and associated tankers. There is currently a seat open which is the Village
Mayors Association seat.
This role provides the village communities on Kodiak Island with a platform to influence
decisions that affect the safe transportation of oil. It presents a valuable opportunity to offer
guidance and recommendations to both the oil industry and the regulatory bodies responsible
for ensuring compliance with state and federal regulations concerning oil spill prevention and
response.
The Clerk's Office staff has reached out to all the remote communities in Kodiak to seek
candidates for this position, but no interest has been shown. Upon consulting with Mr.
Jackson, he indicated his willingness to continue representing the village communities.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Individuals that have previously served, representing the Kodiak Village Mayors Association:
• May 2021 through May 2025 - Elijah Jackson
• May 2019 through May 2020 - Conrad Peterson
• May 2015 through May 2019 - Melissa Berns
• May 2013 through May 2015 - Emil Christiansen
• May 2008 through January 2013 - Iver Malutin
• March 2000 through May 2008 - Jim Nestic
• March 1992 through March 2000 - Charles Christiansen
Kodiak Island Borough
Nomination Of Mr. Elijah Jackson For The Kodiak Village Mayors Associati... Page 144 of 150
AGENDA ITEM #14.D.2.
Q�`�L�VdILLIAMSOG�O
RCAC
REGIONAL CITIZENS' ADVISORY COUNCIL
www.pwsrcac.org
Citizens promoting the
environmentally safe
operation of the Alyeska
terminal and associated
tankers.
Members:
Alaska State
Chamber of Commerce
Chugach Alaska
Corporation
City of Cordova
City of Homer
City of Kodiak
City of Seldovia
City of Seward
City of Valdez
City of Whittier
Community of Chenega
Community of Tatitlek
Cordova District
Fishermen United
Kenai Peninsula
Borough
Kodiak Island Borough
Kodiak Village Mayors
Association
Oil Spill Region
Environmental Coalition
Port Graham
Corporation
Prince William Sound
Aquaculture Corporation
Anchorage
3709 Spenard Rd, Ste 100
Anchorage, AK 99503
0: (907) 277-7222
(800) 478-7221
Valdez
P.O. Box 3089
130 S. Meals, Ste 202
Valdez, AK 99686
0: (907) 834-5000
(877) 478-7221
February 7, 2025
Aimee Williams
Kodiak Village Mayors' Association
710 Mill Bay Road
Kodiak, AK 99615
Dear Borough Mayor Williams:
Sent via email and USPS mail
The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to
advise you that Elijah Jackson's term on our Board of Directors expires at the upcoming
May 1-2, 2025, annual meeting in Valdez. Elijah Jackson has been your appointed
representative since May 2021.
The dedicated seat for the Kodiak Village Mayors' Association is its opportunity to
influence decisions having profound implications for oil transportation safety in Alaska,
and for the state's oil spill prevention and response capabilities. We greatly value your
participation.
The Kodiak Village Mayors' Association is best served by a representative who:
• Understands their organization and/or community, its needs, concerns, and
perspectives.
• Has at least a rudimentary familiarity with oil transportation issues.
• Is a resident of Alaska and has a home and work schedule flexible enough to allow
participation and travel.
• Is committed to our mission of promoting environmentally safe operation of the
Alyeska terminal and associated tankers; and
• Seeks opportunities to foster cooperative and constructive relationships between
citizens, industry, and regulatory agencies.
A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC
business. The full Board conducts three 2-day meetings in January, May, and September
which can be attended in -person or virtually, of which member attendance is tracked. In
addition, annual budget and planning meetings are held, as well as special meetings and
opportunities to participate in committees or special interest work groups. PWSRCAC staff
provides support to board members whenever possible and covers associated travel costs.
Please notify us in writing, no later than Monday, March 17, 2025, of your selected
individual for the Kodiak Village Mayors' Association 's next two-year term on the PWSRCAC
board. Ideally, this individual will then be expected to attend our May 1-3, 2025, meeting in
Valdez for confirmation and participation. If Elijah Jackson will continue to be your
representative, we ask that you still notify PWSRCAC in writing.
If you have further questions about the PWSRCAC or the responsibilities of its directors,
please don't hesitate to call. Thank you for your cooperation, and we look forward to the
Kodiak Village Mayors' Association 's continued contribution.
Sincerely,
Jennifer emi
Executive Assistant
Nomination Of Mr. Elijah Jackson For The Kodiak Village Mayors Associati... Page 145 of 150
WOMENS BAY SERVICE BOARD
REGULAR MEETING MINUTES
FEB 12 2025
Date: Tuesday, December 3, 2024 BOROUGH CLERK'S OFFICE
Call to Order: 5.28 KODIAK, ALASKA
Commissioners Present: Jason Chandler, Billy Ecret-Vice Chair, Greg Egle-Chair, Dave
Heuman-Secretary and Jon Melin.
Commissioner Absent: Bill Roberts
Also in Attendance: Kevin Arndt & Brandon Cox - Contractor, Dave Conrad -Fire Chief
Approval of amended agenda by unanimous vote.
Approval of minutes by unanimous vote for:
1. Regular Meeting of November 5, 2024
Citizen's Comments: none
Contractor Comments: November work
1. Limited grading
Chairman's Report:
1. Work orders
a) Missing Road signs to replace with new
b) Kalsin; Tree and berms
c) Middle Bay Dr. 5 driveways need swales to control drainage
d) Pot holes
e) Anadromous Stream ex -out
2. Budget updates
a) FD; none
b) IRS; none
3. Communications
a) None
Old Business:
1. Fire Dept
a) Brush Truck Recall pends scheduling w/ ferry trip.
b) Conrad passed the new thermal imager around for
board members to see.
2. Road Service;
a) None
New Business:
1. Fire Dept
a) None
2. Road Service
a) New officers elected, same positions renewed for all 3.
Citizen Comment: none
Board Member Comments;
1. BE; New Driveway at 11276 BF Rd, no record of permit, may affect drainage.
Grader still leaving berms in roadways.
2. JC; Permit for ex -out in anadromous waters renewed. Work to be completed by
March, 2025.
Meeting adjourned at 5:58 pm
Next Regular meeting scheduled for January 7, 2025 at 5:30 p.m.
Page 1 of 2
Womens Bay Service Area Board Regular Meeting Minutes of Tuesday, Decemb... Page 146 of 150
AGENDA ITEM #18.A.
CHAIRPERSON
G 9
WITNESS
Page 2 of 2
Womens Bay Service Area Board Regular Meeting Minutes of Tuesday, Decemb... Page 147 of 150
KODIAK ISLAND BOROUGH BOARD OF EQUALIZATION ROLL CALL SHEET
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Regular Special
Convened: L30 Recessed:
Reconvened:
Date:
Adjourned:
F-
BY:
BY: S 5
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SECOND: 6
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YES
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YES
NO
YES
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Mr. Ames
.
Mr. Griffin
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. Johnson
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
i
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE
LIKE TO CHANGE THEIR
VOTE?
TOTAL:
1 5
e2
TOTAL:
TOTAL:
CJ
O
1 TOTAL:
5
�
TOTAL:
lo
The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
Mayor Arndt
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KODIAK ISLAND BOROUGH BOARD OF EQUALIZATION ROLL CALL SHEET
Regular Special Date: 31)
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Convened: - 0 _ Recessed: • 3 2 •M . Reconvened: 7 3 • W) • Adjourned: . io • r✓)
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BY: ?IS
SECOND: S S
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SECOND: S S SECOND: S !�
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YES
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YES
NO
YES
NO
YES
NO
=k
Mr. Johnson
Mr. Johnson
Mr. Johnson
V
Mr. Johnson
Mr. Johnson
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
✓
Mr. LeDoux
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Sharratt
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
Mr. Whiteside
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE
LIKE TO CHANGE THEIR
VOTE?
TOTAL:
5
TOTAL:
TOTAL:
TOTAL:
L
TOTAL:
The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Arndt
Mayor ArndtT--T
Mayor Arndt
Mayor Arndt
Mayor Arndt
AGENDA ITEM #18.B.
Meeting Type:
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
Date: 3 - (Q - 2
Please PRINT your name legibly Phone number
4M v �co� �� ALA �
CIL I i-C
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Page 150 of 150
AGENDA ITEM #18.B.
Kodiak Island Borough
Assembly Newsletter
Vol. FY2025, No. 16 March 07, 2025
At Its Regular Meeting Of March 6, 2025, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 20,
2025, At 6:30 P.M. In The Borough Assembly Chambers.
ADOPTED Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year 2025 Budget,
By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional
Expenditures, And Moving Funds Between Projects
AUTHORIZED The Borough Manager To Execute Contract No. FY2025-43 For The Multi Facility
Elevator Modernization With TK Elevator Corporation In The Amount Not To Exceed $677,804.45
ADOPTED Resolution No. FY2025-14, Adopting The Kodiak Island Borough Multi -Jurisdictional Multi -
Hazard Mitigation Plan Update
ADOPTED Resolution No. FY2025-19, Designating The Individual Who Will Serve As The Designated
Administrative Official During The Absence Or Disability Of The Kodiak Island Borough Manager
POSTPONED Resolution No. FY2025-20, Designating The Individual Who Will Serve As The Temporary
Administrative Official During The Absence Or Disability Of The Borough Manager And Designated
Administrative Official To The Next Regular Meeting Of The Assembly
NO MOTION WAS PRESENTED TO WITHDRAW THE PROTEST TO THE TRANSFER OF
OWNERSHIP AND LOCATION After The Abbreviated And Informal Hearing Of The State Of Alaska
Alcohol And Marijuana Control Office (Amco) Liquor License Transfer Of Ownership From Sook C Yun,
Dba Second Floor Restaurant (License No.3293) To Nuniaq Cafe' And Deli And Transfer Of Location
From Current Location Of 116 W Rezanof Drive To 113 Lower Millbay Road Application
APPROVED The Nomination Of Mr. Elijah Jackson For The Kodiak Village Mayors Association Seat On
The Prince William Sound Regional Citizens' Advisory Council Board Of Directors For A Two -Year Term
To Expire In May Of 2027
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakislandBorough
Page 151 of 150