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2025-09-18 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, September 18, 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 You Tube 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. Any public documents related to the agenda that are received and shared with elected officials after the initial agenda has been released will be included in the Supplemental Materials section below. The deadline for releasing supplemental materials is noon on the day of the meeting. 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 August 21, 2025 5-8 20250821 RM 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 A. Proclamation Declaring September 15-19, 2025, Kodiak Adult 9 - 10 Education And Family Literacy Week Agenda Item Report - Pdf Page 0 of 103 0 10 11 12 13 14 B. Proclamation In Recognition Of The National Assessors Day 11 - 12 Agenda Item Report - Pdf COMMITTEE REPORTS PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202. A. Ordinance No. FY2026-05, Amending Kodiak Island Borough 13 - 24 Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.050 Board of Equalization Agenda Item Report - Pdf BOROUGH MANAGER'S REPORT A 2025-09-18 Borough Manager's Report 25 - 30 MESSAGES FROM THE BOROUGH MAYOR CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2026-13, Purchase Of Enterprise Storage 31 - 32 From USI Corporation Agenda Item Report - Pdf 14.B. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2026-07, Amending Kodiak Island 33 - 35 Borough Code Title 2 Administration And Personnel, Chapter 2.10 Appointment Of Officers, Commissions, And Committees, Section 2.10.030 Compensation For Regulatory And Quasi -Judicial Boards and Commissions Agenda Item Report - Pdf 2. Ordinance No. FY2026-08, Amending Kodiak Island 36 - 39 Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Good Cause Appeal Hearings Agenda Item Report - Pdf 3. Ordinance No. FY2026-09, Amending Kodiak Island 40 - 42 Page 1 of 103 15 16 17 18 19 Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.040 Method Of Assessment Regarding Correction Of The Assessment Roll Agenda Item Report - Pdf 4. Ordinance No. FY2026-10, Determining The Disposition 43 - 53 Of Tax Foreclosed Properties Acquired By Clerk's Deed in 2024 And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Review Of The State Of Alaska Alcohol And Marijuana 54 - 73 Control Office, Beverage Dispensary License (BDL) Renewal Application For El Chicano, Inc. DBA El Chicano Mexican Restaurant (License #3299 Combined Renewal Notice For 2025-2026 Renewal Cycle) Agenda Item Report - Pdf 2. Approval Of The Revised Planning And Zoning 74 - 90 Commission By -Laws Agenda Item Report - Pdf 3. Appointment Of The October 7, 2025, Regular Municipal 91 - 93 Election Officials Agenda Item Report - Pdf 4. Declaring Assembly Member Ryan Sharratt's Seat On the 94 - 97 Assembly Vacant Agenda Item Report - Pdf CITIZENS' COMMENTS ASSEMBLY MEMBERS' COMMENTS ADJOURNMENT INFORMATIONAL MATERIALS A Meeting Materials 98 - 103 SUPPLEMENTAL MATERIALS Page 2 of 103 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 3 of 103 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting August 21, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on August 21, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Assessing Director Seema Garoutte, Community Development Director Chris French, Engineering and Facilities Director Codi Allen, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION Captain David Shatto of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Steven Ames, Jared Griffin, Dave Johnson, Larry LeDoux, Ryan Sharratt, Scott Smiley, and Bo Whiteside. 5. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda.) A. Regular Meeting Minutes of August 7, 2025 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • James Turner • Kristin O'Lear 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS • Assembly Member Griffin provided a report on a recently held meeting of the Health Facilities Advisory Board. 10. PUBLIC HEARING gKodiaskt Island Borough Assembly Regular Meeting Minutes Regular Meetiui�ulVlinutes oSAugust 21, 2025 Page g5 of 0 2 AGENDA ITEM #6.A. A. Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Assisted Living Residences GRIFFIN moved to adopt Ordinance No. FY2026-04. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Johnson, LeDoux, Sharratt, Smiley, and Whiteside. B. Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Definitions GRIFFIN moved to adopt Ordinance No. FY2026-06. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, LeDoux, Sharratt, Smiley, Whiteside, and Ames. 11. BOROUGH MANAGER'S REPORT Borough Manager Aimee Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt provided an update regarding his recent attendance to the AML Conference held in Utqiagvik (Barrow), Alaska. He remarked that the experience was both enlightening and entertaining. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Contract No. FY2026-03, Surface Water Monitoring Plan Sampling And Reporting With Shannon & Wilson, Inc. GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2026-03 Surface Water Monitoring Plan Sampling and Reporting with Shannon & Wilson, Inc. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Sharratt, Smiley, Whiteside, Ames, and Griffin. gKodiaskt Island Borough Assembly Regular Meeting Minutes Regular Meetiui�ulVlinutes oSAugust 21, 2025 P geg6 of 0 2 AGENDA ITEM #6.A. 2. Contract No. FY2026-10, Provision of Destination Marketing and Tourism Development Services With Kodiak Island Convention And Visitors Bureau (Discover Kodiak) In The Amount Of $75,000 GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2026-10 provision of Destination Marketing and Tourism Development Services with Kodiak Island Convention and Visitors Bureau (Discover Kodiak) in the amount of $75,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Whiteside, Ames, Griffin, and Johnson. 14.13. RESOLUTIONS Resolution No. FY2023-03E, A Resolution Of The Assembly Of The Kodiak Island Borough Amending Various Sections Of The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk, The Manager's Office, And The Personnel Management Series GRIFFIN moved to adopt Resolution No. FY2023-03E. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, Ames, Griffin, Johnson, and LeDoux. 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.050 Board of Equalization GRIFFIN moved to advance Ordinance No. FY2026-05 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Ames, Griffin, Johnson, LeDoux, and Sharratt. 14.D. OTHER ITEMS 1. State Of Alaska Alcohol And Marijuana Control Office, General Wholesale License (GWL) Renewal Application For Southern Glazer's Wine And Spirits Of Alaska, LLC DBA Southern Glazer's Of AK (License #4860 Combined Renewal Notice For 2025-2026 Renewal Cycle) GRIFFIN moved to voice protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) GWL renewal application for Southern Glazer's of AK located at 5152 Tom Stiles Road Bldg. B - Bay 2, Kodiak, AK 99615 and direct the Clerk to notify the applicant of this intent. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, Johnson, LeDoux, Sharratt, and Smiley. Kodiak t Island Borough g Regular Meetinrg Minutes oSAugust 21, 2025 Assembly Regular Meeting Minutes Paqe 3 of 4 Page-7 of 102 AGENDA ITEM #6.A. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Sandra West • Carlene McChesney 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Whiteside expressed his hope that the community members are paying attention to the upcoming election and looks forward to a higher voter's turnout. He was pleased to see many candidates running for both municipalities and encouraged everyone to vote. • Assembly Member Griffin echoed Assembly Member Whiteside's comments regarding the election candidates and expressed enthusiasm for seeing younger names on the list. He noted the limited discussion during the regular meeting, attributing it to the success of the prior work session, which allowed for a smooth deliberation. He wished the Special Olympics Team who will be competing in the state golf tournament and his daughter on the bocce team. He also noted that the Kodiak Fisheries Work Group have not met for some time due to the fishing season and is hopeful to resume meeting in the fall. Additionally, he announced the upcoming meeting of Southwest Alaska Municipal Conference. • Assembly Member Johnson echoed the remarks of Assembly Members Whiteside and Griffin regarding the election. He expressed his gratitude to the candidates running for the open seats and wished them all the best of luck. He also wished the Kodiak Football Team good luck in their upcoming game this weekend. • Assembly Member Ames had no comment. • Assembly Member LeDoux mentioned about the Pacific Spaceport Complex's recent operations and activity, which caused a lot of confusion. He expressed the importance of keeping the community informed when these type of activities happens, whether through a public meeting or a public Zoom forum, to keep everyone informed. • Assembly Member Smiley expressed his gratitude to the Providence team that assisted him during his experience with atrial fibrillation. He highlighted that among the team were both local residents and medical transients, who displayed incredible professionalism and excellence. He emphasized that having such excellent providers is a valuable resource for the community, allowing residents to receive treatment locally. • Assembly Member Sharratt had no comment. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 7:21 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor ATTEST: Nova M. Javier, Borough Clerk Kodiak Island Borough Regular Meeting nutesOofAugust 21, 2025 Assembly Regular Meeting Minutes Page 4 of 4 Page 8 of 102 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring September 15-19, 2025, Kodiak Adult Education And Family Literacy Week ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Mayor Arndt will proclaim September 15-19, 2025, as Kodiak Adult Education and Family Literacy Week. DISCUSSION: This proclamation recognizes September 15-19, 2025, as Kodiak Adult Education and Family Literacy Week. It encourages all residents to become familiar with the services and benefits offered by the Adult Education and Literacy programs in Kodiak and to support and participate in these programs. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring September 15-19, 2025, Kodiak Adult Education And... Page 9 of 102 AGENDA ITEM #8.A. ,PrvcCamatiort DECLARING SEPTEMBER 15-19, 2025 ADULT EDUCATION AND FAMILY LITERACY WEEK Whereas, Alaska Adult Education and Literacy programs have been serving Alaskans since 1942 with General Education Development (GED) testing that result in a High School Equivalency Diplomas, graduating with approximately 500 students graduates per year; and Whereas, these programs assist Alaskans in obtaining their High School Equivalency Diplomas to transition into post -secondary education, training, or employment opportunities; and Whereas, these programs assist more than 2,500 Alaskans receive Adult Education and Literacy services annually throughout Alaska transforming lives through education, and strengthening Alaska's workforce and economy; and Whereas, Alaska Adult Education and Literacy programs provide adult immigrants and refugees with the opportunity to learn English language and skills for citizenship, employment, and to integrate successfully into communities; and Whereas, the Kodiak Regional Adult Education program housed at Kodiak College, offers the opportunity to develop skills and knowledge for education, employment, and citizenship; to increase self-image and self -direction; and to progress toward future personal, career, training and/or college goals. Now, therefore, I Scott Arndt, Mayor of the Kodiak Island Borough, do recognize September 15-19, 2025, as "Alaska Adult Education and Family Literacy Week" and encourage all residents to support and participate in these programs. e7n wtiners whmmf cn7ha r here uwa se! mp hand and came thu seal to be rWi Scott Arndt, Borough Mayor Nova M. Javier, MMC, Bo ugh Clerk Proclamation Declaring September 15-19, 2025, Kodiak Adult Education And... Page 10 of 102 AGENDA ITEM #8.B. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation In Recognition Of The National Assessors Day ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Mayor Arndt proclaims September 30, 2025, as National Assessors Day DISCUSSION: National Assessors Day is celebrated each year on the last Tuesday of September. The International Association of Assessing Officers (IAAO) promotes the celebration of the significance and worth of assessors who serves a vital role in their communities by assisting in the equitable assessment of property values, which in turn supports government services. This proclamation recognizes the valuable service of Borough Assessor Seema Garoutte and the Assessing staff, and encouraged the residents to acknowledge and appreciate their contributions to the community and to learn more about their work. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation In Recognition Of The National Assessors Day Page 11 of 102 AGENDA ITEM #8.B. 'Proc!'anratiorr DECLARING SEPTEMBER 30, 2025 AS NATIONAL ASSESSORS DAY WHEREAS, Assessors and their staff are government officials who play a vital role in our communities by ensuring fair and equitable property valuations for taxation, and their accurate assessments support the financial stability and growth of the communities they serve; and WHEREAS, Assessors utilize their expertise and technology to ensure that communities operate efficiently and effectively, and increasing public awareness of their work fosters public understanding and appreciation of their contributions to our society; and WHEREAS, the Assessor's Office upholds public trust through professionalism, transparency, and adherence to the International Association of Assessment Officers Code of Ethics. They embrace the highest ethical principles, pursuit of excellence, accountability, transparency, inclusivity, and responsiveness. WHEREAS, Kodiak Island Borough Assessing staff are certified through the Alaska Association of Assessing Officers of which Borough Assessor Seema Garontte achieved a Level 5 certification, and serves as the President of the Alaska Association. NOW, THEREFORE, I, Scott Arndt, Mayor of the Kodiak Island Borough do hereby proclaim September 30, 2025, as National Assessors Day and recognizes the valuable service of the Assessor and the Assessing staff, and encouraged the residents to acknowledge and appreciate their contributions to the community and to learn more about their work. (:67n witness whereof, C7 have hereunto set mp C4eand and cause this seal to be ed Q3cm17.Arnd1, C �or .Att a ------------------ ----- Ci &a- Ciw &Mer, C4 t G—' (Fkrk Proclamation In Recognition Of The National Assessors Day Page 12 of 102 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.050 Board of Equalization ORIGINATOR: Seema Garoutte, Assessor RECOMMENDATION: Move to adopt Ordinance No. FY2026-05. DISCUSSION: Senate Bill (SB) 179 describes specific information for the Board of Equalization (BOE) members when they receive a full appraisal and when the Board can ask for a higher value than what the Assessor has valued the property at. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 13 of 102 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-05 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY TAX, SECTION 3.35.050 BOARD OF EQUALIZATION WHEREAS, Senate Bill 179 was adopted by State of Alaska amending certain procedures for municipal boards of equalization; and WHEREAS, the Assembly finds that amendments to the current Board of Equalization procedures in the Kodiak Island Borough Code are required to comply with the new State adopted procedures; and WHEREAS, the Assembly desires to harmonize the provisions of the Kodiak Island Borough Code with the new State Statutory changes. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 3.35.050(E)(4) and (E)(8)(c) of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Section 3.35.050 Board of Equalization. (E)(4). Burden of Proof. The burden of proof rests with the appellant, who must convince the board by a preponderance of evidence that the valuation appealed from is unequal, excessive, improper, or undervalued based on the facts stated in a written appeal or proven at the appeal hearing in accordance with subsections (E)(5) and (E)(7) of this section. if the valuation is found te be tee lee the beard .. raise the assessment.. The board of equalization may not raise the assessment in the current year unless requested to do so by the appellant. If the appellant provides a long form fee appraisal to support the appellant's valuation and the board of equalization does not find in favor of the appellant, the board shall make specific findings on the record to support its decision. The borough shall make available to the appellant all reasonably pertinent documents requested for presentation of the appeal, including but not limited to documents presented or requested by the board of equalization for presentation of the appeal in accordance with subsection (C)(5) of this section. (E)(8)(c) Decisions The board may decide the appeal after the presentations, or it may defer a decision no later than 30 days after the hearing date. Final board action shall be taken by motions Ordinance No. FY2026-05 Page 1 of 2 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 14 of 102 AGENDA ITEM #10.A. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 that set out specific findings of fact at the meeting and shall not be reconsidered, amended, or rescinded by the board. Only one motion may be on the floor at a time, and the board shall vote on the motions until its findings are established. The vote must be taken and entered in the permanent record of the proceedings. The motions available for the board are: i. Motion to uphold the assessor's valuation. ii. Motion to reduce the assessment. iii. Motion to increase the assessment.. ,but only if it is requested by the appellant. iv. Motion to dismiss the appeal. v. Motion to defer the decision. vi. Or any other motion set out in Alaska Statutes and regulations governing board of equalization appeals. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-05 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 15 of 102 AGENDA ITEM #10.A. Source HCS CSSB 179(RLS) LAWS OF ALASKA 2024 AN ACT Chapter No. Relating to municipal property tax; relating to assessment of property, boards of equalization, and certification of assessors; prohibiting municipalities from levying a tax on the transfer of real property; prohibiting the state from levying a tax on the transfer of real property; relating to municipal taxation of mobile telecommunications services; and providing for an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: THE ACT FOLLOWS ON PAGE 1 Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 16 of 102 AGENDA ITEM #10.A. AN ACT 1 Relating to municipal property tax; relating to assessment of property, boards of equalization, 2 and certification of assessors; prohibiting municipalities from levying a tax on the transfer of 3 real property; prohibiting the state from levying a tax on the transfer of real property; relating 4 to municipal taxation of mobile telecommunications services; and providing for an effective 5 date. 0 7 8 9 10 11 12 13 14 15 * Section 1. AS 29.10.200(56) is amended to read: (56) AS 29.45.650(c), (d), (e), (0, (i), 0), [AND] (k) and (sales and use tax); * Sec. 2. AS 29.10.200(57) is amended to read: (57) AS 29.45.700(d), (e), [AND] (g) and h (sales and use tax); * Sec. 3. AS 29.45.050(m) is amended to read: (m) A municipality may by ordinance partially or totally exempt all or some types of economic development property from taxation for a designated period. [EXCEPT AS OTHERWISE PROVIDED BY AN ORDINANCE ENACTED BY Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 17 of 102 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 THE MUNICIPALITY BEFORE JANUARY 1, 2017, A MUNICIPALITY THAT IS A SCHOOL DISTRICT MAY ONLY EXEMPT ALL OR A PORTION OF THE AMOUNT OF TAXES THAT EXCEEDS THE AMOUNT LEVIED ON OTHER PROPERTY FOR THE SCHOOL DISTRICT'S REQUIRED LOCAL CONTRIBUTION UNDER AS 14.17.410(b)(2).] A municipality may by ordinance permit deferral of payment of taxes on all or some types of economic development property for a designated period. A municipality may apply an exemption or deferral under this subsection to taxes levied for special services in a service area that is supervised by an elected service area board under AS 29.35.460 unless the elected service area board objects to the exemption or deferral by resolution adopted not later than 60 days after the effective date of the municipal ordinance enacting the tax exemption or deferral. A municipality may adopt an ordinance under this subsection only if, before it is adopted, copies of the proposed ordinance made available at a public hearing on it contain written notice that the ordinance, if adopted, may be repealed by the voters through referendum. An ordinance adopted under this subsection must include specific eligibility requirements and require a written application for each exemption or deferral. * Sec. 4. AS 29.45.050(t) is amended to read: (t) A municipality may by ordinance [APPROVED BY THE VOTERS] partially or totally exempt from taxation farm land and farm structures [A FARM STRUCTURE] used exclusively for farming activity, or purposes directly related to farming activity, if the farm land or farm structure meets the criteria set out in this subsection. The farm land or farm structure must be [IS] owned or leased by a person that is actively engaged in farming, and the owner or lessee must sell at least $2,500 of agricultural products produced from the land during the tax year and file an Internal Revenue Service Schedule F (Form 1040) with the United States Internal Revenue Service. The farm land or farm [THAT DERIVES AT LEAST 10 PERCENT OF THE PERSON'S YEARLY GROSS INCOME FROM FARMING ACTIVITY, AND THE] structure must be [IS] used for (1) the growing, storage, or processing of grains, fruits, vegetables, aquatic farm products as defined in AS 16.40.199, or other crops specified by Enrolled SB 179 !PA Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 18 of 102 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ordinance [INTENDED FOR HUMAN CONSUMPTION] and produced by the owner's or lessee's farming activity; (2) the storage or processing of (A) feed for livestocki (B) livestock, poultry, or other animals used in the owner's or lessee's farming activity; [(B)] milk or milk products produced by the owner's or lessee's farming activity; or (3) sheltering, stabling, or milking the owner's or lessee's dairy animals, poultry, or livestock. * Sec. 5. AS 29.45.050(y) is amended to read: (y) In this section, "farming activity" means raising and harvesting crops; feeding, breeding, and managing livestock; dairying; propagating, farming, or cultivating an aquatic farm product as defined in AS 16.40.199; or any combination of those activities. * Sec. 6. AS 29.45.050 is amended by adding a new subsection to read: (z) In the event that an owner or lessee of farm use land does not sell $2,500 of agricultural products produced from the land during a tax year because of circumstances beyond the control of the owner or lessee, the owner may secure the exemption under (t) of this section if the farm use land qualified for the exemption under (t) of this section for the three preceding tax years. In this subsection, "circumstances beyond the control of the owner or lessee" includes crop failure or physical injury that prevents the owner or lessee from conducting farming activity. * Sec. 7. AS 29.45.060(a) is amended to read: (a) Farm use land, and structures on farm use land that are used for farm operations, included in a farm unit and not dedicated or being used for nonfarm purposes shall be assessed on the basis of full and true value for farm use and may not be assessed as if subdivided or used for some other nonfarm purpose. The assessor shall maintain records valuing the land for both full and true value and farm use value. If the land is sold, leased, or otherwise disposed of for uses incompatible with farm use or converted to a use incompatible with farm use by the owner, the owner is liable -3- Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 19 of 102 AGENDA ITEM #10.A. 1 to pay an amount equal to the additional tax at the current mill levy together with eight 2 percent interest for the preceding seven years, as though the land had not been 3 assessed for farm use purposes. Payment by the owner shall be made to the state to the 4 extent of its reimbursement for revenue loss under (d) of this section for the preceding 5 seven years. The balance of the payment shall be made to the municipality. 6 * Sec. 8. AS 29.45.060(b) is amended to read: 7 (b) An owner of farm use land shall, to secure the assessment under this 8 section, apply to the assessor on or before May 15 of each year in which the 9 assessment is desired. The application shall be made on [UPON] forms prescribed by 10 the state assessor for the use of the local assessor, and must include information that 11 may reasonably be required to determine the entitlement of the applicant. If the land is 12 leased for farm use purposes, the applicant shall furnish to the assessor a copy of the 13 lease bearing the signatures of both lessee and lessor along with the completed 14 application. The applicant shall furnish the assessor a copy of the lease covering the 15 period for which the exemption is requested. This subsection does not apply to a 16 person with an interest in land that is classified by the state for agricultural use or that 17 is restricted by the state for agricultural purposes. 18 * Sec. 9. AS 29.45.060(c) is amended to read: 19 (c) In the event that an owner or lessee of farm use land does not sell 20 $2,500 of agricultural products produced from the land during a tax year 21 because of circumstances beyond the control of the owner or lessee, the owner 22 may secure the assessment under this section if the farm use land qualified for 23 the assessment under this section for the three preceding tax years. In this 24 subsection, "circumstances beyond the control of the owner or lessee" includes 25 [OF A] crop failure or physical injury that prevents the owner or lessee from 26 conducting farming activity [BY AN ACT OF GOD THE PREVIOUS YEAR, THE 27 OWNER OR LESSEE MAY SUBMIT AN AFFIDAVIT AFFIRMING THAT 10 28 PERCENT OF GROSS INCOME FOR THE PAST THREE YEARS WAS FROM 29 FARMING]. 30 * Sec. 10. AS 29.45.060(f) is amended to read: 31 (f) This section does not apply to land for which the owner has granted, and Enrolled SB 179 -4- Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 20 of 102 AGENDA ITEM #10.A. 1 has outstanding, a lease or option to buy the surface rights. A property owner wishing 2 to file for farm use classification having no history of farm -related income may submit 3 a declaration of intent at the time of filing the application with the assessor setting out 4 the intended use of the land and certifying that the property owner intends to file 5 an Internal Revenue Service Schedule F (Form 1040) with the United States 6 Internal Revenue Service for the current tax year [THE ANTICIPATED 7 PERCENTAGE OF INCOME]. An applicant using this procedure shall file with the 8 assessor on or before April 15 [FEBRUARY 1] of the following year a copy of the 9 Schedule F (Form 1040) the applicant files with the Internal Revenue Service 10 [NOTARIZED STATEMENT OF THE PERCENTAGE OF GROSS INCOME 11 ATTRIBUTABLE TO THE LAND]. Failure to make a [THE] filing required in this 12 subsection forfeits the exemption. 13 * Sec. 11. AS 29.45.060(g) is amended to read: 14 (g) In this section, 15 M "farm use" means the use of land for the production of crops, 16 fruits, or other agricultural products for human or animal consumption or for 17 the sustenance or grazing of livestock if the owner or lessee sells at least $2,500 of 18 agricultural products produced from the land during the tax year and files an 19 Internal Revenue Service Schedule F (Form 1040) with the United States Internal 20 Revenue Service; 21 (2) "livestock" includes cattle, hogs, sheep, goats, chickens, 22 turkeys, pigeons, and other poultry raised to provide meat or other products for 23 human consumption [PROFIT FOR RAISING AND HARVESTING CROPS, FOR 24 THE FEEDING, BREEDING, AND MANAGEMENT OF LIVESTOCK, FOR 25 DAIRYING, OR ANOTHER AGRICULTURAL USE, OR ANY COMBINATION 26 OF THESE. TO BE FARM USE LAND, THE OWNER OR LESSEE MUST BE 27 ACTIVELY ENGAGED IN FARMING THE LAND, AND DERIVE AT LEAST 10 28 PERCENT OF YEARLY GROSS INCOME FROM THE LAND]. 29 * Sec. 12. AS 29.45.110(a) is amended to read: 30 (a) The assessor shall assess property at its full and true value as of January 1 31 of the assessment year, except as provided in this section, AS 29.45.060, and -5- Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 21 of 102 AGENDA ITEM #10.A. 1 29.45.230. The full and true value is the estimated price that the property would bring 2 in an open market and under the then prevailing market conditions in a sale between a 3 willing seller and a willing buyer both conversant with the property and with 4 prevailing general price levels. The assessor shall determine the full and true value 5 as provided in standards adopted by the department under (e) of this section or 6 another set of standards provided by ordinance. 7 * Sec. 13. AS 29.45.110 is amended by adding a new subsection to read: 8 (e) The department shall adopt standards for assessing the full and true value 9 of property under (a) of this section that are not inconsistent with standards adopted by 10 the International Association of Assessing Officers and update the standards when 11 necessary. 12 * Sec. 14. AS 29.45 is amended by adding a new section to read: 13 Sec. 29.45.115. Assessor certification. A municipality may not employ an 14 assessor, including a private contractor, unless the assessor has a level 3 certification 15 from the Alaska Association of Assessing Officers or works under the supervision of 16 an individual with a level 3 certification from the Alaska Association of Assessing 17 Officers. 18 * Sec. 15. AS 29.45.180(a) is amended to read: 19 (a) A person receiving an assessment notice shall advise the assessor of errors 20 or omissions in the assessment of the person's property. If requested by the person, 21 the assessor_ or a_person designated by the assessor shall meet with the person and 22 answer reasonable questions relating to the methods used to assess the person's 23 property. The meeting required under this subsection may be virtual or 24 telephonic. The assessor may correct errors or omissions in the roll before the board 25 of equalization hearing. 26 * Sec. 16. AS 29.45.200(a) is amended to read: 27 (a) The governing body shall appoint one or more boards [SITS AS A 28 BOARD] of equalization for the purpose of hearing an appeal from a determination of 29 the assessor [, OR IT MAY DELEGATE THIS AUTHORITY TO ONE OR MORE 30 BOARDS APPOINTED BY 1T]. An appointed board shall [MAY] be composed of 31 not less than three persons, who shall be members of the governing body, municipal Enrolled SB 179 -6- Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 22 of 102 AGENDA ITEM #10.A. 1 residents, or a combination of members of the governing body and residents. The 2 governing body shall by ordinance establish the qualifications for membership. The 3 governing body may by ordinance appoint itself to sit as a board of equalization. 4 * Sec. 17. AS 29.45.210(b) is amended to read: 5 (b) The appellant bears the burden of proof. The only grounds for adjustment 6 of assessment are proof of unequal, excessive, improper, or under valuation based on 7 facts that are stated in a valid written appeal or proven at the appeal hearing. The [IF 8 A VALUATION IS FOUND TO BE TOO LOW, THE] board of equalization may not 9 raise the assessment in the current year unless requested to do so by the appellant. 10 If the appellant provides a long form fee appraisal to support the appellant's 11 valuation and the board of equalization does not find in favor of the appellant, 12 the board shall make specific findings on the record to support its decision. 13 * Sec. 18. AS 29.45.650(a) is amended to read: 14 (a) Except as provided in AS O4.21.010(c), AS 29.45.750, and in (0, (h), (i), 15 [AND] 0), (k), and (1) of this section, a borough may levy and collect a sales tax on 16 sales, rents, and [ON] services provided in the borough. The sales tax may apply to 17 any or all of these sources. Notwithstanding other statutes, exemptions may be granted 18 by ordinance. A borough may wholly or partially exempt a source from a borough 19 sales tax that is taxed by a city in that borough under AS 29.45.700. 20 * Sec. 19. AS 29.45.650 is amended by adding a new subsection to read: 21 (0 A borough may not levy or collect a sales or use tax on the transfer of real 22 property. This subsection applies to home rule and general law municipalities. In this 23 subsection, "transfer" has the meaning given in AS 34.70.200. 24 * Sec. 20. AS 29.45.700(a) is amended to read: 25 (a) A city in a borough that levies and collects areawide sales and use taxes 26 may levy sales and use taxes on all sources taxed by the borough in the manner 27 provided for boroughs. Except as provided in (d), [AND] (e), (g), and (h) of this 28 section, the assembly may by ordinance authorize a city to levy and collect sales and 29 use taxes on other sources. 30 * Sec. 21. AS 29.45.700 is amended by adding a new subsection to read: 31 (h) A city may not levy or collect a sales or use tax on the transfer of real -7- Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 23 of 102 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ►JAP 23 24 property. This subsection applies to home rule and general law municipalities. In this subsection, "transfer" has the meaning given in AS 34.70.200. * Sec. 22. AS 43.98 is amended by adding a new section to article 3 to read: Sec. 43.98.035. No tax on real property transfers. The state may not levy or collect a sales or use tax on the transfer of real property. In this section, "transfer" has the meaning given in AS 34.70.200. * Sec. 23. Section 4, ch. 100, SLA 2002, as repealed and reenacted by sec. 9, ch. 117, SLA 2003, and by sec. 2, ch. 30, SLA 2005; and secs. 6 and 9, ch. 100, SLA 2002, are repealed. * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 29.45.650(o, enacted by sec. 19 of this Act, and AS 29.45.700(h), enacted by sec. 21 of this Act, do not apply to an ordinance that establishes a sales or use tax on the transfer of real property adopted by a municipality before the effective date of secs. 19 and 21 of this Act. * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION: REGULATIONS. The Department of Commerce, Community, and Economic Development may adopt regulations necessary to implement the changes made by secs. 12 - 17 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law implemented by the regulation. * Sec. 26. Sections 12, 13, and 15 - 17 of this Act take effect January 1, 2025. * Sec. 27. Section 14 of this Act takes effect January 1, 2026. * Sec. 28. Sections 3 - 11 and 25 of this Act take effect immediately under AS 01.10.070(c). Enrolled SB 179 Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Rev... Page 24 of 102 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, September 18, 2025 Manager's Department YMCA The lease for the left side of the cottage buildings at 720 Egan Way, Suite 102, has been executed. As of Wednesday, the YMCA has begun moving into the space. North Star Elementary Work is still being completed to determine the reason for irregularities in the fire alarm system in the building. Aimee is working with KIBSD to resolve the issue. Software Conversion Timeline September loth End of Day backup sent to Tyler — completed on time September 15th - 19th Freeze week for both departments — no work in PACS while data is being converted September 231d Go -Live Open Positions The manager's office is currently recruiting for the following positions: E/F: • Director Environmental Specialist/Landfill Manager • General Laborer CDD • Code Enforcement Officer Page 25 of 102 AGENDA ITEM #11.A. Community Development Planning and Zoning Commission Regular Meeting The Planning and Zoning Commission held its regular meeting on September 17, 2025. The Commission approved the CIP list resolution with a recommendation to the Assembly. The Maritime Museum parking variance was postponed to the October 15, regular meeting. The Land disposal by lease review for the fairgrounds was found not to have a public purpose and the resolution was approved recommending that the Assembly approve the land disposal by lease. The resolution for the code amendment to Title 17 related to childcare uses was approved recommending approval of the code amendment to the Assembly. PLAN 2045 —Old Harbor Visit Community Development staff attended the Old Harbor Leadership Conference in Old Harbor on Saturday, September 13, to discuss the comprehensive plan update and to work with the community to address potential goals and objectives. The comprehensive plan review provided a great deal of information for the project. Follow-up discussions via Zoom will take place in the future to fine tune the comprehensive plan recommendations for the community. Assessing Senior Citizen (SC) / Disabled Veteran (DV) Exemptions • Outstanding applications: 16 (14 SC and 2 DV) remain undetermined. Assessing will not be able to rebill any undetermined applicants until after go live. • SC/DV Village trips with KANA for application filings have been scheduled for the week of Nov. 17tn (except Nov. 19), with backup dates for the week of Dec. 1 st • In -town SC/DV application KANA coffee hour two Dec. 3rd and Dec. 10tn • In -town SC/DV application at the Senior Center Nov. 19, Dec. 19 and Jan. 13. Exemption Appeals • The Alutiiq Heritage Foundation- Hearing scheduled for September 23, 2025 Field Work • Assessing is working in all villages and remote areas. • Akhiok, Karluk, Old Harbor and Larsen Bay, Ugak, as well as 40% of remote "fly to only" areas have been completed • Both Port Lions trips for this week were cancelled. • Final boat trip is scheduled Sept. 22 with a backup date of Sept. 23 Tyler Conversion • Staff continues to familiarize themselves with the software and meet with Tyler Tuesday -Friday for questions • Tyler staff will be Kodiak for conversion Sept. 29-October 3. (Tyler gift to KIB). Plan to introduce to assembly Thursday Oct. 2nd 2 Page 26 of 102 AGENDA ITEM #11.A. Finance Department 2025 Property Taxes The next payment deadline for those wishing to make full payments, or paid their first half payment after August 15th, is Wednesday, October 15th Property Assessment and Taxation Implementation Project Staff is working with Tyler staff on final testing of calculations, entry screens, reports, and forms. From September 11 th through September 22" d, staff will not be able to enter transactions in either software system while the final database transfer from our legacy system to the new system is completed. Go -live date is still planned September 23rd where staff will be entering transactions into both the legacy software and the new software for as long as it takes to verify data accuracy in the new software. FY2025 Audit Our auditors will be here the week of September 15th through September 19th for final audit work. Information Technology This week, the IT Department is working on updates for our computing systems, meeting with Tyler about the new PropAccess website, and refining internal employee user account approval processes. Network and Connectivity IT is working with Engineering on upgrading the landfill network to utilize a new Starlink satellite internet service there. Hardware and Infrastructure IT is near completion on a new server for the Landfill. Systems Administration IT is working on security patches for our systems and remediating any outstanding security issues. GIS GIS is working with Community Development providing maps for the public and is also working with Tyler on the migration to the new Assessing systems. Page 27 of 102 AGENDA ITEM #11.A. Engineering and Facilities Fuel Spill Assistance Comprehensive gap analysis and site investigation work plan to advance towards the closure of the spill at the long-term care center is under contract with NWFF. E&F will be reproposing the monitoring wells associated with the PKIMC fuel spill, and they will be removed after close out. Fall Commercial Hazardous Waste Disposal Event The fall commercial hazardous waste disposal event is an opportunity for commercial businesses or governmental entities to safely and responsibly dispose of their hazardous waste materials. This year's fall event is scheduled for October 1 sc and 2"d and will be conducted by appointment only. The deadline to make an appointment is September 19th! KFRC • A lighting circuit failed and caused a small fire in the egress stair well. Nodak Electrical will be replacing the light fixtures in both egress areas for a total cost of $5,973.98. • Industrial Pump Alaska order is moving forward. The delivery schedule was updated to include a contractor site visit to the manufacturing facility to conduct the QA/QC of the pump test prior to shipment. The new shipment date is December 18th. KFRC Ozonator (Decontamination) project has been reviewed and is ready to be advertised for bid. Discussions with the State of Alaska are occurring regarding the current requirements, and we have requested an extension for the 2026 construction season. Landfill • Regional Solid Waste Management Plan Update: o A workshop with internal stakeholders occurred September 9th. The workshop goals were to review project objectives (options for recycling and waste, priorities, and constraints), discuss timelines and deliverables, and to develop a comprehensive table of changes to be incorporated into the update. • The new landfill fence energizer has been installed and small fence penetrations repaired. E&F issued a RFQ for the larger fence repairs, and the work is anticipated to be complete by October 31. • The Alaska Department of Environmental Conservation conducted an inspection of the landfill and LTP on Wednesday. Results from this inspection are expected early next week. Chiniak School Painting 4 Page 28 of 102 AGENDA ITEM #11.A. Preparation of the exterior is complete. Primer application started last week and is roughly 90% complete. A no cost change order was issued due to weather delays. The new anticipated deadline is October 31 st. Multi -Facility Elevator Modernization E&F staff are working closely with the contractor to expedite the shipment of materials and are collaborating with all relevant stakeholders to reprioritize the modernization timeline. Both elevator systems have an estimated ship date mid -October and is estimated to take a minimum of three weeks to arrive in Kodiak. So, we are anticipating parts to begin arriving mid -November. Small Projects • Dark Lake Clean Up: Staff issued a workorder for the SA#1 contractor to begin cleaning up the Dark Lake dump pads on 9/15/25. • Projects Office Stair Replacement: Staff posted a request for quotes on September 8th for the replacement of the entry way stairs into the 720 Egan Way, Suite 102 side of the Projects Office (Cottages). AIM Maintenance LLC was the apparent low, and staff issued an NTP with the work to be completed by September 26th. • Mill Bay Stairs Replacement: Staff will be posting the invitation to bid soon, for construction season 2026 spring/summer. • Landfill Scale Shack Platform: Staff will be posting the invitation to bid soon, for construction season 2026 spring/summer. • Sargent Creek Park tables and third piece of equipment: Staff will be posting the invitation to bid soon, for construction season 2026 spring/summer. • Borough Park Table Replacement: Staff will be posting the invitation to bid soon, for construction season 2026 spring/summer. Other Contracts that will be coming up for renewal/rebid: • Analytical Laboratory Services (LTP Sample Testing) • Janitorial Services • Solid Waste Management Contract Committee/Board Meetings: Health Facilities Advisory Board (HFAB): Sept. 22 at 3:00pm at the PKIMC Pillar Conference Room • Solid Waste Contract Committee (SWCC): Sept. 30 at 4:00pm at KIB Downstairs Conference Room • Solid Waste Advisory Board (SWAB): Page 29 of 102 AGENDA ITEM #11.A. Sept. 30 at 5:15pm at the KFRC Large Conference Room Architectural Review Board (ARB): Sept. 22 at 1:00pm at KIB Downstairs Conference Room Page 30 of 102 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2026-13, Purchase Of Enterprise Storage From USI Corporation ORIGINATOR: Fred Berestoff, IT Director RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2026-13 for Enterprise Storage in the amount not to exceed $52,786. DISCUSSION: The Kodiak Island Borough currently utilizes on premise systems which require high performing enterprise storage. This storage is in the form of an HP Nimble storage array which is rack mounted, highly redundant disk -based storage that is accessed by KIB servers and stores its critical compute and networking systems. The current Nimble array is over seven years old and has reached end of life status, requiring that it be replaced and upgraded. This quote will provide the following: 1. It will upgrade the current Nimble array to a modern version which provides additional capability and performance. 2. it will replace the drives and controllers as part of the upgrade. 3. It includes one year of support as part of the cost. The current array is our main storage system, and should there be an outage with this equipment, KIB systems would be severely impacted until it was repaired. ALTERNATIVES: 1. Decline to purchase the new equipment and seek alternative solutions. 2. Delay purchase. FISCAL IMPACT: This is a one time cost of $52,786.00 which would purchase equipment with an estimated seven year lifespan. OTHER INFORMATION: This purchase would utilize the same chassis of our current Nimble Array, and represents the most cost effective way to renew it, as opposed to purchasing a completely new array. Kodiak Island Borough Contract No. FY2026-13, Purchase Of Enterprise Storage From USI Corporat... Page 31 of 102 AGENDA ITEM #14.A.1. From: USI Corporation Mark Tuggle 708-784-1500 x222 Direct 708-606-9712 Mobile 708-784-0500 Fax mtuggle(a)usicorp.com USI Corporate Office 600 Hillgrove Avenue Unit 4 Western Springs, IL 60558 For: Kodiak Island Borough Kodiak, AK 99615 Contact: Fred Berestoff Phone: 907-486-9336 Email: fberestoff(a)kodiakak.us rage: z of 2 Quote #: K1061005-2 Date: 6/25/2025 Expires: 7/25/2025 Item Part Number & Description Qty Unit Price Extended Price 1 NS8095 1 $34,250.00 $ 34,250.00 HPE AL 5030 Dual Ctrl Fld Upgr from Gen5 2 JX2252 42 $345.00 $ 14,490.00 HPE AL STG 5000 /TB Up 3y SW/Sup SaaS 3 11 CW 16 1 $750.00 $ 750.00 HPE Alletra 5030 HF DC Fld Upgr Supp 4 8MF560 1 $2,796.00 $ 2,796.00 HPE Tier 1 Storage Array Upg Startup SVC 5 8MF540 1 $500.00 $ 500.00 HPE Technical Installation Total $52,786.00 *Tax per invoice TERMS OF PURCHASE UNLESS OTHERWISE NOTED: USI authorization from: Payment is Net 30 upon approval Mark Tuggle 2% Processing fee for credit card purchases Regional Sales Manager FOB is origin, freight prepaid and added to invoice Full manufacturer warranty applies Contract No. FY2026-13, Purchase Of Enterprise Storage From USI Corporat... Page 32 of 102 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Administration And Personnel, Chapter 2.10 Appointment Of Officers, Commissions, And Committees, Section 2.10.030 Compensation For Regulatory And Quasi -Judicial Boards and Commissions ORIGINATOR: Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2026-07 to public hearing at the next regular meeting of the Assembly. DISCUSSION: The Board of Equalization (BOE) for valuation, typically meets twice a year in May, to hear valuation appeals and approve the The board consists of five members and 2 alternate members, each serving a three year terms. According to Borough records, the last time this board's compensation was reviewed and increased was 2008. The board chair is requesting the compensation amount be raised from $100 to $175 per meeting. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Adm... Page 33 of 102 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-07 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES, SECTION 2.10.030 COMPENSATION FOR REGULATORY AND QUASI-JUDICIAL BOARDS AND COMMISSIONS. WHEREAS, the compensation for members of regulatory and quasi-judicial boards and commissions has not been adjusted since 2010; and WHEREAS, the Assembly finds that it is appropriate to increase the compensation for persons serving on adjudicatory boards. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.10.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.10.030 Compensation for regulatory and quasi-judicial boards and commissions. A. Members of regulatory and quasi-judicial boards and commissions shall receive compensation in the amount of $1On 00175.00 per meeting attended, with the exception of the planning and zoning commission, which shall receive $200.00 per month. Work sessions are not considered for compensation. B. Regulatory and quasi-judicial boards and commissions include the planning and zoning commission, the board of equalization, and such others as the assembly may designate by ordinance. Effective Date: This ordinance takes effect upon adoption. (Note KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2025 Ordinance No. FY2026-07 Page 1 of 2 Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Adm... Page 34 of 102 AGENDA ITEM #14. C.1. 44 KODIAK ISLAND BOROUGH 45 ATTEST: 46 47 Scott Arndt, Borough Mayor 48 Nova M. Javier, MMC, Borough Clerk 49 50 Introduced by: Manager 51 First reading: 52 Second reading/public hearing: 53 54 VOTES: 55 Ayes: 56 Noes: 57 Ordinance No. FY2026-07 Page 2 of 2 Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Adm... Page 35 of 102 AGENDA ITEM #14. C.2. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Good Cause Appeal Hearings ORIGINATOR: Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2026-08 to public hearing at the next regular meeting of the Assembly. DISCUSSION: This ordinance updates the process in which good cause hearings shall follow. This ordinances clarifies the role of the Assessor, the Borough Clerk and the claimant, and the procedure that the assembly will follow for the public. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Rev... Page 36 of 102 AGENDA ITEM #14. C.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-08 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION REGARDING GOOD CAUSE APPEAL HEARINGS WHEREAS, when a claimant for a tax exemption files the application after the deadline, the Assessor is required to deny the exemption as late filed without reviewing the content of the application, subject to the right of the claimant to make a good cause appeal to justify excusing the lateness of the application; and WHEREAS, AS 29.45.030(f) and Kodiak Island Borough Code 3.35.030(D) provide for the governing body to determine whether there is good cause for a claimant's failure to timely file an application for exemption; and WHEREAS, the Kodiak Island Borough Code does not currently identify the process to be followed for processing good cause appeals to the governing body. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 3.35.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 3.35.030 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the assessor shall reject the application as untimely and notify the claimant of their right to appeal to the borough assembly within 30 days. tThe assembly, for good cause shown: may waive the claimant's failure to make timely application for the exemption for that year and if the assembly finds good cause for the failure to make a timely filing, the borough assessor shall accept the application; as if timely filed, and review the application subject to the provisions contained in AS 29.45.030(e). 1. A waiver may only be granted for the year in which an application is filed. A delay in filing an application shall be presumed to lack good cause for the delay and may be denied unless the assembly finds good cause for the delay as defined in subsection (D)(25) of this section. 2. Process for appeals. Ordinance No. FY2026-08 Page 1 of 3 Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Rev... Page 37 of 102 AGENDA ITEM #14. C.2. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 a. A claimant who files an appeal seeking a good cause determination by the borough assembly shall file with the assessor a written notice of appeal of denial of senior or disabled veteran exemption, specifically stating the reason for good cause. b. The appeal must be received by the assessor no later than 30 days before the scheduled hearing as noted in the assessor's denial letter. C. The claimant will present to the assessor any documentation they deem necessary to provide evidence of good cause. All documentation will be considered confidential and not be made public. 3. Appeal hearing — notice of preparation of record. a. The assembly shall hold an appeal hearing on the appeal at its first regular meeting no later than 60 days after tax statements are mailed. If there are multiple appeals or additional time is required, one or more appeals may be continued to the next regular or special meeting. b. Once the hearing is scheduled, the assessor shall notify the claimant by mail, and by email if provided, about the time and location for the hearing. The notification will also outline the decision being appealed, details about the hearing procedure, and the deadline for appointing an authorized representative. C. The assessor is responsible for compiling the appeal record. Given the sensitive information included in the appeal record, it will remain confidential and will solely be utilized by the assembly during the appeal hearing. d. The issue on appeal is limited to whether the claimant had good cause for the late filing. The merits of the application shall not be considered or decided on a good cause appeal. 4. Hearing. a. All parties must appear in person at the hearing before the assembly. Only the claimant who have filed an appeal seeking a good cause determination or their authorized representative who was appointed at least three days before the hearing may present oral argument. Oral argument shall be subject to the following order and time limitations: i. Claimant will be allowed not to exceed three minutes to make oral arguments. ii. Assessor will be allowed not to exceed three minutes to make oral arguments. iii. Claimant will be allowed for a rebuttal not to exceed two minutes directed solely to the issues raised by the assessor. iv. Assessor will be allowed to address the rebuttal by the appellant not to exceed two minutes. V. Assembly members may ask questions, through the presiding officer, of either the claimant or the assessor at anytime. vi. After the opportunity for questions, the assembly may consider a motion to decide whether the appellant had a good cause for late filing. b. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the claimant or their representative has had a reasonable opportunity to be heard. C. The assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. d. The clerk shall notice the claimant with a written decision no later than five days after the hearing. The assembly's determination shall be the final administrative decision which may be appealed to the superior court under Rule 602 of the Alaska Rules of Appellate Procedure within 30 days from the date of distribution of the written decision. e. If the assembly finds good cause, the assessor shall review and process the application as if it were timely filed. Ordinance No. FY2026-08 Page 2 of 3 Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Rev... Page 38 of 102 AGENDA ITEM #14. C.2. 95 96 2-5. Standard for review. "Good cause" shall mean extraordinary circumstances beyond the 97 control of the applicant, including but not limited to a medical condition or disability, impaired 98 mental capacity, family emergency, death in the family, or similar serious condition or event that 99 substantially impaired the applicant's ability to file a timely application. "Good cause" shall not 100 mean late filing due to the applicant's inadvertence, oversight, or lack of knowledge regarding the 101 filing requirements or deadline, financial hardship, or failure to pick up or read mail or to make 102 arrangements for an appropriate and responsible person to pick up or read mail. 103 .. 104 105 Effective Date: This ordinance takes effect upon adoption. 106 107 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 108 THIS DAY OF , 2025 109 110 KODIAK ISLAND BOROUGH 111 112 ATTEST: 113 114 Scott Arndt, Borough Mayor 115 Nova M. Javier, MMC, Borough Clerk 116 Introduced by: Manager 117 First reading: 118 Second reading/public hearing: 119 120 VOTES: 121 Ayes: 122 Noes: Ordinance No. FY2026-08 Page 3 of 3 Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Rev... Page 39 of 102 AGENDA ITEM #14. C.3. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-09, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.040 Method Of Assessment Regarding Correction Of The Assessment Roll ORIGINATOR: Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2026-09 to public hearing at the next regular meeting of the Assembly. DISCUSSION: Senate Bill (SB) 179 describes specific information for Assessor's roles in assisting the public during the appeal period after Notice of Values are mailed and how errors and omissions may be corrected. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2026-09, Amending Kodiak Island Borough Code Title 3 Rev... Page 40 of 102 AGENDA ITEM #14. C.3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-09 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY TAX, SECTION 3.35.040 METHOD OF ASSESSMENT REGARDING CORRECTION OF THE ASSESSMENT ROLL WHEREAS, Senate Bill 179 was adopted by the State of Alaska in 2024 amending certain procedures for Corrections to the Assessment roll; and WHEREAS, the Assembly finds that amendments to the current procedures in the Kodiak Island Borough Code are required to comply with the new State adopted procedures; and, WHEREAS, the Assembly desires to harmonize the provisions of the Kodiak Island Borough Code with the new State Statutory changes. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 3.35.040 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: KIBC 3.35.040 Method of Assessment. A. All taxable property must be assessed at its full and true value as of the first day of January of the assessment year. The full and true value is the estimated price that the property would bring in an open market sale between a willing seller and a willing buyer both conversant with the property, under the then -prevailing market conditions and with prevailing general price levels. The assessor shall strive to make all assessments fair and equitable. Taxable interests in otherwise non-taxable property, both real and personal, shall be taxed based on the lessee's possessory interest in the property. The Assessor shall apply the standards for assessing full and true value approved by the State unless specific standards are adopted by ordinance. C. Notice, Publication, and Correction of Assessment Roll. 3. Corrections of the assessment roll. The assessor may correct an error or supply an omission in the assessment roll at any time before the sitting of the board of equalization. Ordinance No. FY2026-09 Page 1 of 2 Ordinance No. FY2026-09, Amending Kodiak Island Borough Code Title 3 Rev... Page 41 of 102 AGENDA ITEM #14. C.3. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (b) it shall be the duty of every person who reGeivesr.fiGe of a of W orh,ioo fho hereugh o of n thin assessment of thoth��nt of the p e FSE) ^rty, o that the horn nh o correct a n thothat thehnrngh�ec+�n the- assessn eRt rr^"�� A person receiving an assessment notice shall advise the assessor of errors or omissions in the assessment of the person's property. If requested by the person, the assessor or a person designated by the assessor, shall meet with the person and answer reasonable questions relating to the methods used to assess the person's property. The meeting required under this subsection may be virtual or telephonic. A meeting under this subsection shall not extend the period of review or the deadline for aaaeals under subsection (C)(4) of this section. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-09 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 Ordinance No. FY2026-09, Amending Kodiak Island Borough Code Title 3 Rev... Page 42 of 102 AGENDA ITEM #14. C.4. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed Properties Acquired By Clerk's Deed in 2024 And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to advance Ordinance No. FY2026-10 to the next regular meeting of the Assembly. DISCUSSION: On July 12, 2024, the Borough acquired a Clerk's Deed for four properties via the foreclosure process established by Borough code and State statutes. Of those four properties, only two currently remain unredeemed. Those two unredeemed properties were presented to the Planning and Zoning Board during their August 13th work session and August 20th regular meeting where they determined that a 'public need' does not exist. This ordinance accepts the Planning and Zoning Boards findings, classifies the properties as surplus to the Borough, gives permission for the properties to be sold, and establishes the conditions of sale. The conditions of sale set in this ordinance are: • Sale is conducted by a sealed bid auction. • The bid shall contain a 10% deposit, based on the minimum bid amount listed in the bid packet. • Minimum bid is the amount owed to the Borough, including the cost of sale. • Remaining bid balance must be paid within 30 days of bid acceptance. • Highest bidder takes ownership. If the property remains unsold after being offered for sale by sealed bid, the property may be listed online for sale to any approved party for the minimum bid. A sale date has not been set. ALTERNATIVES: FISCAL IMPACT: None. OTHER INFORMATION: Clerks Deed 3KO-23-0015CI P&Z Resolution FY2026-03 Kodiak Island Borough Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 43 of 102 AGENDA ITEM #14. C.4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES ACQUIRED BY CLERK'S DEED IN 2024 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 25-010) PLANNING AND ZONING RESOLUTION NO. FY2026-03. WHEREAS, the Kodiak Island Borough acquired the following properties by clerk's deed in 2024 as a result of tax foreclosure procedures, described as: A parcel located at 214 Maple Ave, Kodiak, AK, formerly owned by Deric Allen Nixon, which is identified as KIB Parcel PID 14357, and by its LEGAL DESCRIPTION: LOT FIFTEEN (15) BLOCK THREE (3), ALEUTIAN HOMES INC SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and A parcel located at NHN Ugak Bay AK, formerly owned by Denis Patrick Cox and Wilma Louise Cox, as trustees of the Denis Patrick Cox and Wilma Louise Cox Joint Living Trust, which is identified as KIB Parcel PID 19397, and by its LEGAL DESCRIPTION: TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: (a) The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose. The ordinance must contain the legal description of the property, the address or a general description of the property sufficient to provide the public with notice of its location, and the name of the last record owner of the property as the name appears on the assessment rolls. (b) Tax -foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold. Before the sale of tax -foreclosed property held for a public purpose, the municipality, by ordinance, shall determine that a public need does not exist. The ordinance must contain the information required under (a) of this section.; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation by resolution no. FY2026-03 on the parcel's disposition by recommending that this property should NOT be retained for a public purpose; and Ordinance No. FY2026-10 Page 1 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 44 of 102 AGENDA ITEM #14. C.4. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee land sale with the vacant resource manager position: and WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission's action, as required by KIBC 18.10.030; and WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax -foreclosed properties described as: LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC. SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska are declared not to be of "public need" and be offered for immediate sale; and WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period of theses parcels, thus the Borough is required to send a notice of the public hearing to the last known address of the former record owner within five days of the first publication of notice of the hearing on this ordinance. 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: That the parcel located at 214 Maple Ave., Kodiak, AK, and identified by number 14357; Legal Description: LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC. SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Deric Allen Nixon has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2024 dated July 12, 2024, recorded as Document 2024-000787-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does not exist to retain this property for Borough purposes, and the property will be sold at the earliest opportunity to do so. Section 3: That the parcel located at NHN Ugak Bay, AK and identified by number 19397; Legal Description: TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Denis Patrick Cox and Wilma Louise Cox, as trustees of the Denis Patrick Cox and Wilma Louise Cox Joint Living Trust has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2024 dated July 12, 2024, recorded as Document 2024-000787-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does not exist to retain Ordinance No. FY2026-10 Page 2 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 45 of 102 AGENDA ITEM #14. C.4. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 this property for Borough purposes, and the property will be sold at the earliest opportunity to do so. Section 4: The finance director is directed to offer the property immediately by sealed bid auction and the highest bidder will take ownership. The parcel shall be considered sold when the bid is accepted. Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit based on the minimum bid amount shown in the bid packet. The minimum bid shall be the amount owed to the Borough including costs of sale . The remaining balance must be paid within thirty (30)days. Section 6: If the property remains unsold after being offered for sale by sealed bid, the property may be listed online for sale to any approved party for at least the minimum bid. Any parcel sold by this method will be considered sold when the Borough accepts an offer for the property. Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2025 KODIAK ISLAND BOROUGH Scott Arndt, Mayor ATTEST: Nova M. Javier, MMC, Borough Clerk Introduced by: [Mayor, Assembly, Committee, or Manager} First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-10 Page 3 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 46 of 102 AGENDA ITEM #14. C.4. 2024- 000787 - 0 Recording District 303 Kodiak 08/07/2024 12:49 PM Page 1 of 3 COVER PAGE CLERKS DEED In Re: Delinquent Property Tax Accounts for the Year 2022 and Prior Years in the Kodiak Island Borough 3KO-23-0001SCI Third Judicial District at Kodiak, Alaska For recording in the Kodiak Recording District Third Judicial District, State of Alaska After Recording Return to: KODIAK ISLAND BOROUGH Attn: Revenue Accountant 710 Mill Bay Road Kodiak, AK 99615 DO NOT DETACH Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 47 of 102 AGENDA ITEM #14. C.4. 1 2 3 4 5 6 7 s 21 22 23 24 25 Scott A. Brandt-Erichsen Alaska Bar No: 8811175 KEENE & CURRALL, PPC 540 Water Street, Suite 302 Ketchikan, Alaska 99901 Phone: (907) 2254131 Fax: (907) 225-0540 E-mail: courtdocs@keenecurrall.com Attorneys for Kodiak Island Borough IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK IN RE: DELINQUENT TAXES AND SPECIAL ASSESSMENTS FOR THE YEAR 2022 AND PRIOR YEARS, IN THE KODIAK ISLAND BOROUGH AND CITIES WITHIN THE KODIAK ISLAND BOROUGH, ALASKA. NO.3KO-23-15CI DEED BY CLERK OF COURT TO KODIAK ISLAND BOROUGH Whereas, a Finding of Facts, Conclusions of Law, Judgment and Decree was entered in the above -entitled matter on April 24, 2023; and, Whereas, the one-year period of redemption provided for by AS 29.45.400 expires thirty (30) days after the first publication of a redemption period expiration notice; and, Whereas, such notice provided for by AS 29.45.440 was duly made in respect to the properties described below, which first publication was on February 17, 2023, NOW, THEREFORE, pursuant to the power vested in me by AS 29.45,450,1, J. Suzanne Cowley, Clerk of the Superior Court for the Third Judicial District at Kodiak, Alaska, 204 Mission Road, Room 124, Kodiak, Alaska 99615, convey and quitclaim to the Kodiak Island Borough, Alaska, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, the following Idescribed properties: DEED BY CLERK OF COURT TO KODIAK ISLAND BOROUGH - PAGE 1 OF 2 In Re: Delinynerrt Tames and Special Assessmenofar the Years 1012 aed Prior Years; Case No. 3KO-23-15C1 S1Kafwk I•I•nJ IMiough (2o i75.11) 7•x Fnmlmnre4fY?D221PkaAing�`.neM Ay ci. orc-o to Aln I' I!19'�,Il�Inillllllll,I :A�'��1llll Page 2 of 3 303-2024 — 000787 — 0 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 48 of 102 AGENDA ITEM #14. C.4. I 2 3 4 S 6� s 9 10 .a o n Cm 12 N 1J oF` 14 ram. d 15 x W rN� 16 w� I>~ ` 17 w 1s F 19 20 21 WAS: 1 I KODIAK ✓ ti V*ffAW 25 CLUK F I cert•fy that this is a full, �' ie and correct copy of an t .� .anal document on file in tt) PJ•.3ka Trial Courts at Kodiak V.' Tess my hand and the s�,a of this court: ' JI-IDIC:1f�1 b4a0str8le/Gerk l . Tract "E" ALASKA STATE LAND SURVEY NO. 8743, Unredeemed according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska. 2. LOT EIGHT "B" (813), UNITED STATES SURVEY NO. 3 10 1, according to Plat No. 2003-14, located in the Kodiak Recording District, Third Judicial District, State of Alaska. 3. LOT FOUR (4), BLOCK TWENTY (20), TRACT "A" OUZINKIE TOWNSITE, UNITED STATES SURVEY NO. 4871, according to Plat No. 72-1, located in the Kodiak Recording District, Third Judicial District, State of Alaska. 4. LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN Unredeemed HOMES INC SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska. DATED this /e2 a 'b'eou 2024, at Kodiak, Alaska. Clerk of Ne Court STATE OF ALASKA ) ss: THIRD JUDICIAL DISTRICT ) wisMy, 4I N N N THIS IS TO CERTIFY that on this kV day of 2024, before me, the undersigned, a Notary Public in and for the State of Alaska, d ly commissioned and sworn, personally appeared J. Suzanne Cowley to me known to be the Clerk of the Superior Court, known to be the person who executed the foregoing instrument who on oath stated that she was July authorized to execute said instrument on behalf of the State of Alaska, Superior Court, who acknowledged to me that she signed and sealed the same freely and voluntarily on behalf of the State of Alaska, for the uses and purposes therein mentioned. and official seal the day and year in the certificate first abo Tic r Brandt-t=tiey'sen Notary Publi r Alaska My Commisdiefi Expires: uvi 101}CK. DEEti M CLERK OF COURT TO KODIAK ISLAND BOROUGH - PAGE 2 OF 2 DJUDIC A Re: Delinquent Taxes and Special Rssessnienls for the Years 2022 and Prior Years; Case No. 3KO-23-15C1 S,K.1id Islam Ilarwgh (20.2.15.D) Ax Furmk-,..FY2022,?k"ng-, rkW by(.,,-, or roan b. K'a flI 1111 01! III IIIC�I�QI! IIIIIII Pape 3 of 3 303 — 2024 — 000787 — 0 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 49 of 102 AGENDA ITEM #14.C.4. 3 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Introduced by: Community Development Department Drafted by: Assistant Planner, Bronwyn Currie Introduced on: 08/20/2025 Adopted on: 08/20/2025 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2026-03 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF FORECLOSED PROPERTIES TO THE BOROUGH ASSEMBLY. WHEREAS, KIBC 18.10.030 states that upon acquisition of any real property, including real property acquired by tax foreclosure, the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to the public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance to the borough comprehensive land use plan ; and WHEREAS, KIBC 18.20.030.A states that each disposal of borough land is subject to review by the planning and zoning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal; and WHEREAS, Tract E, Shearwater Bay, ASLS 87-43, located in the municipal boundary of the Kodiak Island Borough was foreclosed on for real property taxes, and WHEREAS, Lot 15, Block 3, Aleutian, located in the municipal boundary of the City of Kodiak was foreclosed on for real property taxes; and WHEREAS, AS 29.45.450 provides that unredeemed tax foreclosed properties lying within a municipality are to be deeded to that municipality subject to payment of the unpaid borough taxes and cost of foreclosure levied against the property to the municipality receiving the properties; and WHEREAS, Per AS 29.45.450 the Borough must offer the foreclosed parcel to that municipality that a parcel is located within for Public Use. On October 28, 2024, the Kodiak Island Borough's finance department sent an offer letter to the City of Kodiak. No response was received by the due date, and WHEREAS, the principal purpose of the Planning and Zoning Commission review is to consider whether the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission finds that the disposal of the identified parcels is supported by the land use and ownership goals identified in the 2008 comprehensive plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 20, 2025 to consider this land disposal request; and Kodiak Island Borough, Alaska Resolution FY2026-03 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 50 of 102 AGENDA ITEM #14.C.4. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 WHEREAS, the Planning & Zoning Commission has found that the parcels identified for disposal are surplus to the public's need based on its review and should be offered for public disposal at a future land sale. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of Lot 15, Block 3, Aleutian. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of Tract E, ASLS 87-43. Section 3: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on August 20, 2025, that the aforementioned properties are hereby surplus to the public's need. Section 4: The aforementioned properties should be offered to the public for disposal in a subsequent land sale. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS 20 DAY OF August 2025. PLANNING AND ZONING COMMISSION Sara Fraser, Chair Kodiak Island Borough, Alaska Resolution FY2026-03 ATTE T: Hailee Wallace, Secretary III Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 51 of 102 AGENDA ITEM #14.C.4. 137 138 Exhibit B Kodiak Island Borough Finance Department 710 hill Bay Road. Kod .k, A,c 99615 Pharr (9t}7) 496-9325. I=a.. l,90Tj 486-91 1)Z szLmmr7najj0kodiak4 us a� _ �, October 28, 2024 City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Re: Btwmeh Fareclmed Prnp&rty within Vily nf'Knd6k 1 imits Property Location: LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC SUBDIVISION according to Plat 74_1), located in the Kodiak Recording District, Third Judicial District, State: of Alaska Case No. 3KU-23.00015 Cl Kodiak Recording District 303 On July 12. 2024, the Kodiak Island Borough received a Clerk's Deed for the above referenced property. Pursuant to Alaska State Statute Sec 29.45-450, unredeemed property in a city can be deeded to the city upon payment of borough taxes and costs of foreclosure. As of today, 10128f2024 the total amount of taxes and costs levied against the property is $11,449.20. Please contact our office by Wednesday November 27, 2024, if you are interested in acquiring this Property - Sincerely, Susan Zimmerman Finance Department Enclosure: copy of A5 Sec 29.43.450 CC Nixon, Deric Allen Comm owner of record) 214 Maple Ave Kodiak, AK 99615 Kodiak Island Borough, Alaska Resolution FY2026-03 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 52 of 102 AGENDA ITEM #14.C.4. 98 Exhibit A 99 TY2022 Foreclosure Clerks Deed 3KO-23-15CI Signed July 12,2024 Property ID Geo to Owner Name Legal Description 19397 R5600010115 COX JOINT LIVING TRUST, DENIS P. & WILMA L ASLS 67-43 TR E SHEARWATER BAY 14357 R1040030150 NIXON DERIC ALLEN ALEUTIAN BK 3 LT 15 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Kodiak Island Borough, Alaska Resolution FY2026-03 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 53 of 102 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License (BDL) Renewal Application For El Chicano, Inc. DBA El Chicano Mexican Restaurant (License #3299 Combined Renewal Notice For 2025-2026 Renewal Cycle) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the Beverage Dispensary License application based on the information contained within the packet, feedback received from staff, and response from the Fire Marshall. Below are examples of motions that may be used: Motion 1: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) BDL renewal application for El Chicano Mexican Restaurant and direct the Clerk to notify AMCO of this decision. Motion 2: Move to voice protest, with conditions, to the AMCO BDL renewal application for El Chicano Mexican Restaurant and direct the Clerk to notify the applicant of this intent. The conditions are as stated in the Deputy Fire Marshall's letter. Clerk's note: 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. The applicant/licensee will be advised if the Assembly decides to protest the BDL application, and the applicant/licensee will be given an opportunity to defend their application at a future meeting. DISCUSSION: On August 20, 2025, the Clerk's Office received a renewal notice from the State of Alaska Alcohol and Marijuana Control Office (AMCO) for License #3299, held by El Chicano Mexican Restaurant. In accordance with KIBC 5.01.020, the Clerk's Office conducted a review of the application. The review identified a fire safety concern from the Fire Marshall which may warrant an official protest by the Kodiak Island Borough Assembly. Under AS O4.11.480, a local governing body may protest a license renewal by submitting a clear and concise written statement of the reasons for protest to both the ABC Board director and the licensee. The protest must be filed within 60 days of receiving the renewal notice. Accordingly, the Borough's deadline to respond is October 19, 2025. ALTERNATIVES: 1. Issue a letter of protest. 2. Issue a letter of non -protest. FISCAL IMPACT: Kodiak Island Borough Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 54 of 102 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING OTHER INFORMATION: Per AS O4.11.480, a local governing body may protest the renewal by sending the AMCO director and the applicant a protest and the reason for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. The Borough must also provide evidence of proof of service upon the applicant and proof that the applicant has had the opportunity to defend the application before the local governing body's meeting. In addition to Alaska Statutes 04.11.480, regulations in 3 AAC 305.085 states the local governing body has the authority to protest renewal of a liquor license for public policy reasons or due to license -related issues. Kodiak Island Borough Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 55 of 102 AGENDA ITEM #14.D.1. From: Paoineau. Kyle To: Lina Cruz Subject: RE: 2025-2026 Renewal Notice LIC#3299 El Chicano Mexican Restaurant (Bcc"d Staff) Date: Wednesday, August 27, 2025 1:42:04 PM Attachments: imaae001.oif FM Protest elchies renewal 82725.odf Good Afternoon, At this time we are protesting with conditions renewal of license due to fire safety. Attached is letter stating why and what must be done to lift protest. Respectfully, Kyle A. Papineau Deputy Fire Marshal Inspector 1 and CFI Kodiak Fire Department 219 Lower Mill Bay Rd. Kodiak, AK 99615 Phone(907)486-8054 Fax:(907)486-8048 From: Lina Cruz <Icruz@kodiakak.us> Sent: Wednesday, August 20, 2025 12:25 PM Cc: Clerks <Clerks@kodiakak.us> Subject: 2025-2026 Renewal Notice LIC#3299 El Chicano Mexican Restaurant (Bcc'd Staff) [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 afternoon, The Clerk's Office has received notification from the Alcohol & Marijuana Control Office (AMCO) regarding the Beverage Dispensary License (BDL) renewal application for El Chicano Mexican Restaurant. Please review the attached application packet and advise the Clerk's Office via email if your department has any concerns that may warrant a protest of the renewal application. If your department intends to raise an objection, we kindly ask that you provide the reasoning for your position. If we do not receive a response by Friday, August 29, we will assume there are no objections and the renewal process will proceed as planned. For reference, here is a Link to the Kodiak Island Borough Code pertaining to liquor license renewal procedures. Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 56 of 102 AGENDA ITEM #14.D.1. Office of the Fire Marshal 219 Lower Mill Bay Road Kodiak, AK 99615 Kyle Papineau, Deputy Fire Marshal City of Kodiak Kodiak, AK 99615 8/27/25 Clerk Office El Chicano Mexican Restaurant AMCO Renewal Request At this time, The Kodiak Fire Department, Office of the Fire Marshal is Protesting- With Conditions, the Renewal of Beverage Dispensary License #3299 for El Chicano Mexican Restaurant at 402 West Marine Way, due to fire and life safety conditions. Business and building owner have been made aware of the sprinkler system deficiencies. Sprinkler is currently Status 2, critical deficiencies, classification. This is from Taylor Fire Protection report of inspection completed 7/25/25. Fire inspection was completed on 8/27/25 with Filomeno Bravo present. He was advised of the sprinkler issues and report. International Fire Code 2021 901.6 Inspection, Testing and Maintenance "Fire protection and life safety systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective." Once corrections to sprinkler system are made and status repaired up to Status 4 with documentation from a service company stating such, and reviewed by this office, we will report satisfaction of repairs and code standard met, and change recommendation to Non -Protest. Respectfully, �-3 Kyle A. Papineau Deputy Fire Marshal Kodiak Fire Department Telephone (907) 486-8040 / Fax (907) 486-8048 kpapineau@city.kodiak.ak.us Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 57 of 102 AGENDA ITEM #14.D.1. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY August 20, 2025 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7t" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.gov; amco.localgovernmentonly@alaska.gov; Licensee: El Chicano, Inc. DBA: El Chicano Mexican Restaurant Via Email: elchicanoak@hotmail.com CC: None Local Government 1: City of Kodiak Via Email: clerks@city.kodiak.ak.us Local Government 2: Kodiak Island Borough Via Email: Icruz@kodiakak.us; clerks@kodiakak.us Re: Beverage Dispensary License #3299 Combined Renewal Notice for 2025-2026 Renewal Cycle License Number: #3299 License Type: Beverage Dispensary Licensee: El Chicano, Inc. Doing Business As: El Chicano Mexican Restaurant Physical Address: 402 Marine Way, Suite 100, Kodiak, AK 99615 Designated Licensee: Filomeno Bravo Phone Number: 907-942-0680 Email Address: elchicanoak@hotmail.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and the required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to the local governing body(s), your community council, if your proposed premises are in Anchorage or certain locations in the Matanuska - Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 58 of 102 AGENDA ITEM #14.D.1. Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(s) will have 60 days to protest the renewal of your license. Your application will be scheduled for the September 9th, 2025 Special board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above -listed licenses within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Anna White, Licensing Examiner II For Kevin Richard, Director Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 59 of 102 AGENDA ITEM #14.D.1. Document reference ID : 4664 Renewal Application Summary Application ID: License No: License Type applied for Renewal: Licensee Name: Application Status: Application Submited On: Entity Information Business Structure: FEIN/SSN Number: Alaska Entity number (CBPL) Alaska Entity Formed Date: Home State: Entity Contact Information Entity Address: 4664 3299 Beverage Dispensary License(BDL) El Chicano, Inc. In Review 12/14/2024 10:34 PM AKST Corporation 59239D 103 Center Street, Kodiak, AK, 99615 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 60 of 102 AGENDA ITEM #14.D.1. Renewal Information Are there any changes to your ownership structure that have not been reported to AMCO prior to this application?: No As set forth in AS O4.11.330, how many hours did you operate during the first calendar year for this renewal period?: The license was not operated at all or was operated for less than the minimum of 240 hours in the first calendar year of the renewal period. I have completed a Waiver of Operations self-service transaction. As set forth in AS O4.11.330, how many hours did you operate during the second calendar year for this renewal period?: The license was not operated at all or was operated for less than the minimum of 240 hours in the second calendar year of the renewal period. I have completed a Waiver of Operations self-service transaction. Please select the seasonality: Year-round Has any person or entity in this application been convicted or disciplined for a violation of Title 04, 3 AAC 304 or 305, or a local ordinance adopted under AS O4.21.010 in the preceding two calendar years?: No Have any notices of violation or citations been issued for this license during the preceding two years?: No Attestations As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 305, and that this application, including all accompanying schedules and statements, are true, correct, and complete. Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 61 of 102 AGENDA ITEM #14.D.1. I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS 04.11.260, has a direct or indirect financial interest in the licensed business. I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 305.700. I hereby certify that I am the person herein named and subscribing to this application and that I have read the 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. Signature This application was digitally signed by : Filomeno Bravo on 12/14/2024 10:35 PM AKST Payment Info Payment Type : CC Payment Id: 1b5e23a1-2288-4ca2-9f7f-8ac9605cb16e Receipt Number: 100989528 Payment Date: 12/14/2024 10:36 PM AKST Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 62 of 102 AGENDA ITEM #14.D.1. Document reference ID : 4664 Licensing Application Summary Application ID: Applicant Name: License Type applied for: Application Status: Application Submitted On: Entity Information Business Structure: FEIN/SSN Number: Alaska Entity Number (CBPL) 4664 El Chicano, Inc. Beverage Dispensary License(BDL) (AS O4.09.200) In Review 12/14/2024 10:34 PM AKST Corporation 59239D Entity Contact Information Name Phone Email Relation Filomeno Bravo 907-942-0680 elchicanoak@hotmail.co Designated Licensee m Entity Address: 103 Center Street, Kodiak, AK, 99615, USA Per AMCO, the mailing address is the "entity address" Ownership / Principal Party Details Principal Parent Entity Principal Party Role %Ownership El Chicano, Inc. Filomeno Bravo President 50 El Chicano, Inc. Ana M Bravo Secretary,Treasurer 50 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 63 of 102 AGENDA ITEM #14.D.1. Premises Address Address: Does the proposed site include a valid street address? 402 Marine Way Suite 100, Kodiak, AK, 99615, USA Yes Basic Business information Business/Trade Name: El Chicano Mexican Restaurant Local Government and Community Council Details City/Municipality Borough Attestations Kodiak (City of) Kodiak Island Borough I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. 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. 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 305.700. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this 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 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. Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 64 of 102 AGENDA ITEM #14.D.1. I certify that all proposed licensees have been listed with Division of Corporation, Business, and Professional Licensing. I certify that I and any individual identified in the business entity ownership section of this application, has or will read AS 04 and its implementing regulations. Signature This application was digitally signed by : Filomeno Bravo on 12/14/2024 10:35 PM AKST Payment Info Payment Type : CC Payment Id: 1b5e23a1-2288-4ca2-9f7f-8ac9605cb16e Receipt Number: 100989528 Payment Date: 12/14/2024 10:36 PM AKST Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 65 of 102 AGENDA ITEM #14.D.1. Approved by ABC Board at 11/19/2024 Board Meeting k M41e All-ehol ,and Marpuana Control Office C\� 2J0' ,50 W 711, Avenue, suite 1600 1T Anchorage, AK 99501 r 7 alcohol kens ng@alaska aov AMCO Mips //wwW commerce ilaska.gov/web/amc Phone-907 269 0350 Alaska Alcoholic Beverage Control Board ,��►�t:�� Form AB-29: Waiver of Operation Application Why is this form needed? This form is the means by which a licensee may request that the Alcoholic Beverage Control (ABC) Board waive the operating requirement of AS 04 11 330(a)(3) or (d). If a recreational site license has not been operated at least once in a calendar year, or if a license of any other type has not been operated for at least 240 hours in each calendar year, then a complete copy of this form and the corresponding fees must be submitted for that calendar year, per 3 AAC 304.170. This application must be accompanied by a non-refundable waiver application fee of: • for a In request, an amount equal to Y' the applicable biennial license fee; or for a 2"a or subsequent request, double the amount of the fee paid for the previous waiver application. The ABC Board will determine whether, through no fault of the licensee or because the premises are under construction, the licensed premises count not be operated for the required time during the calendar year. The ABC Board may impose conditions along with the approval of an application for waiver, and it may deny a third or subsequent application for waiver. If an application for waiver is denied, an application for license renewal for the succeeding license period will be denied by the Board. In addition to the waiver application fee, the applicant must pay a late fee of $1,000 for an application that is received too late for Board consideration at its meeting before November 30 of the year for which the waiver is requested. Please check AMCO's website for meeting agenda deadlines. Please note that a licensee must submit a separate completed copy of this form and pay a separate corresponding fee for each license and for each calendar year during which a license was not operated in compliance with AS 04.11.330. Section 1 - Establishment Information tip«" «k n.4 f +kn +iMe re rpriIInriprAs, n411-13❑ _ Section 2 - Request Number and Calendar Year 1-1 V Request 2"d Request Request for Calendar Year GA �Request Other [Form AB-Z9] (rev 31112022) Page 1 of 2 AMCO Received 2/19/2024 C.J -7; Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 66 of 102 AGENDA ITEM #14.D.1. AMCO Approved by ABC Board at 11/19/2024 Board Meeting Alaska Alcohofic Control Board Form AB-29: Waiver of Operation Application Section 3 - Reason for Non -operation Provide an ecptanation as to why the licensed premises were not operated y c� y(Dai�\� Section 4 - Certifications The following must be completed for establishments located within the boundaries of a local governing body: Initials Read the line below, and then sign your initials in the box to the right of the statement: I certify that I will provide a true copy of this application to the local governing body listed on Page 1 of this form prior to ABC Board consideration of this 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 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. Ala- t` r if Printed name of licensee Signatu oaf i" Office Use Only Waiver Application Fee: $5,000.00 Late Fee: .$1,000.00_ Transaction I 100776354 Form AB-29] (rev 3/1/2022) — - Page 2 or 2 AMCO Received 2/19/2024 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 67 of 102 AGENDA ITEM #14.D.1. Approved by ABC Board at 11/19/2024 Board Meeting 02/19/24 To Whom It May Concern, Our business has been in Kodiak for over 40 years. We are working very hard to keep things going. After Covid our Island took a big hit. Cost of living has gone up more than double. We are currently paying rent for two locations. You can imagine how that has been affecting things. It's in our best interest to finish construction in the new location at 402 W Marine way. We are about 85 % finished. The financial burden of two locations was not our original plan, life happened and things changed. Our main goal is to get our project off the ground here soon move forward with our license. We have been working very hard and everything that has been thrown our way and meant to break us has not. We are a strong family who believes in hard work. Not many are willing to put in the work and dedication like we have. We will continue to do what it takes to move forward. We appreciate all the help your office has provided us. Sincerely the Bravo Family AMCO Received 2/19/2024 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 68 of 102 AGENDA ITEM #14.D.1. Approved by ABC Board at 11/19/2024 Meeting Alaska Alcoholic Beverage Control Board Ali chill roil Minludnj Control Oltics %%0 w r• Avenue, suit. Ie00 Ar%horu9w, Al( 991,01 JlsoheL Ilcenions p,ll,llhjAQy ht os /lwvrw c nnmerce rlas rnvtweh/ur�l Phone 907,269.0130 Form AB-29: Waiver of Operation Application Why Is this form needed? This form is the means by which a licensee may request that the Alcoholic Beverage Control (ABC) Board waive the operating requirement of AS O4.11.330(a)131 or (d). If a recreational site license has not been operated at least once In a calendar year, or If a license of any other type has not been operated for at least 240 hours in each calendar year, them a complete copy of this form and the corresponding fees must be submitted for that calendar year, per 3 AAC 304.170. This application must be accompanied by a non-refundable waiver application fee of: • for a 1" request, an amount equal to % the applicable biennial license fee; or • for a 2nd or subsequent request, double the amount of the fee paid for the previous waiver application. The ABC Board will determine whether, through no fault of the licensee or because the premises are under construction, the licensed premises count not be operated for the required time during the calendar year. The ABC Board may impose conditions along with the approval of an application for waiver, and it may deny a third or subsequent application for waiver. If an application for waiver is denied, an application for license renewal for the succeeding license period will be denied by the Board. In addition to the waiver application fee, the applicant must pay a late fee of $1,000 for an application that is received too late for Board consideration at its meeting before November 30 of the year for which the waiver is requested. Please check AMCO's website for meeting agenda deadlines. Please note that a licensee must submit a separate completed copy of this form and pay a separate corresponding fee for each and for each calendar year during which a license was not operated in compliance with AS O4.11.330. Section 1 - Establishment Information Enter information for thr lirnncP th, + k _ __ - --- -- — - -- Licensee: -- •••�• �� wi ueen operateo Tor the time required under AS O4.11.330. License Number: License Type: 1-2 c DBA: Premises Address: G—Q r �� , City c State: t Alaska ZIP: Q [S Local Governing Body: - Q I ` C Section 2 - Request Number and Calendar Year ED11' Request 2nd Request 3`d Request Other � �} Request for Calendar Year do [Form AB-291 (rev 3/1/2022) Page 1 of 2 AMCO Received 10/27/2024 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 69 of 102 AGENDA ITEM #14.D.1. Approved by ABC Board at 11/19/2024 Meeting Alcohol and Marijuana Control Office +y 550 W 7- Avenue, Suite 1600 Anchorage, AK 99501 Ir n��nhnlllcen+lnstaaln+kaiov r omm rcc alaskasov�wch/amco AWO 1 Phone: 907,269.03SO Alaska Alcoholic Beverage Control Board Form AB-29: Waiver of Operation Application Section 3 - Reason for Non -operation Provide an explanation as to why the licensed premises were not operated: r-16 t- VA- wee_ 4-0 Section 4 - Certifications . The following must be completed for establishments located within the boundaries of a local governing body: Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that I will provide a true copy of this application to the local governing body listed on Page 1 of this form prior to ABC Board consideration of this 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 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, rinted name of licensee Signe of licensee Office Use Only WalverAppllcotionree: $10,000.00 tote fee: None Transaction a: 100943766 (form AB•291 (rev 31112022) Page 2 of 2 AMCO Received 10/27/2024 Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 70 of 102 AGENDA ITEM #14.D.1. Approved by ABC Board at 11/19/2024 Meeting Continued AB-29 form We do plan to start a transfer application once we do all the required steps to do so. We also plan on renewing our License before 12/31/24. Our family has been through a lot with medical and other tragedies. We have been trying to heal and keep pushing forward. Our license means everything to our family; we cherish it with the highest standards. Our oldest daughter has been thrown in and doing her best to keep on top of things and managing many things for the family. We want to make sure our customers are happy and provide them with options to serve liquor to them. The community has been asking. We do have a huge community support who wants to see us succeed. We have been trying hard to make a comeback to succeed. /rail! yci< Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beve... Page 71 of 102 W CD CD v m V N 0 0 N Alaska Business License # 47764 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 EL CHICANO MEXICAN RESTAURANT 103 CENTER AVENUE, KODIAK, AK 99615 owned by EL CHICANO, INC. is licensed by the department to conduct business for the period October 15, 2023 to December 31, 2025 for the following line(s) of business: 72 - Accommodation and Food Services 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 x CD CD O CD cn v CD O D v cn 77 v D n O O_ D D n v M. c' v D v C� O O_ O 0 CD co CD CD v Co V W O 0 N o" 0" Dn _ �z z D--i zm ,m �z c m n Q Z v n m .p 'v AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Approval Of The Revised Planning And Zoning Commission By -Laws ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to approve the revised Planning and Zoning Commission By-laws. DISCUSSION: At its regular meeting of August 20, 2025, the Planning and Zoning Commission reviewed and adopted revised by-laws. They also recommended that these be forwarded to the Borough Assembly for approval. The changes to the by-laws addressed several issues such as: • Quorum and voting requirements • Use of executive sessions • Work session review of quasi-judicial items • Electronic participation by commissioners • Commissioner training requirements A marked -up version and a clean version of the by-laws are attached to the packet. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.100.150 Procedure. Procedural rules and order of business shall be established, except as otherwise provided by law, subject to approval by the assembly. An appeal, or quasi-judicial board, committee, or commission shall establish rules governing proceedings before the board or commission, subject to approval by the assembly. In all matters of procedure not covered by rules adopted by the board, committee, or commission, Robert's Rules of Order, as revised, shall be applicable and shall govern. Kodiak Island Borough Approval Of The Revised Planning And Zoning Commission By -Laws Page 74 of 102 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DATE: August 8, 2025 TO: Kodiak Island Borough Planning & Zoning Commission FROM: Chris French, AICP, Community Development Director SUBJECT: Amendments to the Planning & Zoning Commission Bylaws The Planning & Zoning Commission directed staff at the work session on July 9, 2025, to schedule the proposed amendments to the Planning & Zoning Commission Bylaws to the public hearing on August 20, 2025. The following is the list of changes incorporated in the proposed bylaws: 1. Article III — Definitions — added a definition for the use of the term director, which means the director of the community development department. 2. Article VI — Quorum and Voting Requirements — the changes proposed in this article clarify what happens when four votes are not reached in the affirmative to pass a motion. The clarification states that the Commission must vote and pass a vote with four votes to close a case. The Commission can postpone action on an item, especially quasi-judicial items to a future meeting where there are sufficient members present. 3. Article VII — Meetings — the proposed changes clarify the use of executive session by the Commission, especially in situations where deliberation occurs in executive session. For quasi-judicial items all decisions by vote must be done in open session and findings must be adopted, and conclusions must be based on the record of the case as presented in open session. 4. Article VII C — the proposed amendments clarify that audio files must be kept for all work sessions. Work session review of quasi-judicial cases must work to ensure that the applicant attends or at the very least the applicant was invited to attend and made aware of how to listen to the work session, if unable to attend. 5. Article VII D — The proposed changes add an electronic participation section like the code section for the Assembly, this includes similar requirements. For example, for electronic participation to be conducted, at least four members must be present in -person (a quorum) to allow other members to participate electronically. 6. Article IX— Procedure, in paragraph B.1 and B.2 to change staff comments to director's report for the regular meeting agenda and work session agenda. Approval Of The Revised Planning And Zoning Commission By -Laws Page 75 of 102 AGENDA ITEM #14.D.2. 7. Added a new article, Article XIV — Planning and Zoning Commissioner Training — this proposed change creates an article for Commissioner training and requires that the Commission attend at a minimum 4 hours of training. In addition, any cost for training may be covered by the Community Development Department, if approved ahead of time by the Director. Staff recommends approval of these changes based on prior review by the Planning & Zoning Commission and the Borough Attorney. Approval Of The Revised Planning And Zoning Commission By -Laws Page 76 of 102 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION BY-LAWS ARTICLE I —Authority Pursuant to Section 2.100.150 of the Borough Code, these by-laws of the Kodiak Island Borough Planning and Zoning Commission establish the Commission's procedural rules and order of business, except as otherwise provided by law, subject to approval by the Kodiak Island Borough Assembly. ARTICLE II —Definitions As used in these by-laws: "AS" means Alaska Statutes "Assembly" means the Assembly of the Kodiak Island Borough "Chairperson" means the presiding officer of the Planning and Zoning Commission "Commission" means the Planning and Zoning Commission of the Kodiak Island Borough "Commissioner" means a member of the Planning and Zoning Commission of the Kodiak Island Borough "KIBC" means the Kodiak Island Borough Code "Staff"means member of the Community Development Department "Director" means the Director of the Community Development Department ARTICLE III —Powers and Duties The powers and duties of the Commission are spelled out in: A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation; B. KIBC Section 2.105.030; C. KIBC Section 2.100.020; and D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC Title 18 Borough Real Property. ARTICLE IV —Membership The membership requirements of the Commission are identified in: A. KIBC Sections 2.105.010 and 2.105.020; and B. KIBC Section 2.100.030 through 2.100.100. ARTICLE V—Officers and Duties A. Election At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice -Chairperson from among its members. The chair will open nominations, a motion and second will be made to close nominations, and then a roll call vote will be taken. The Vice - Chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act. (KIBC 2.100.110). B. Duties 1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties normally conferred by parliamentary usage on such office and such duties as may be prescribed by the Commission. 2. The Chairperson may enter into the discussion of a matter before the Commission. 3. In the absence of the Chairperson and Vice -Chairperson, the senior member shall preside at the meeting. Approval Of The Revised Planning And Zoning Commission By -Laws Page 77 of 102 AGENDA ITEM #14.D.2. ARTICLE VI —Quorum and Voting Requirements A majority (four) of the authorized members of the Commission constitutes a quorum for transaction of business at all Commission meetings (Regular, Special, and Work Sessions). The affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. The lack of four votes to pass a motion on a quasi-judicial case does not conclude voting on the case. The Commission must vote and pass a motion with four votes to conclude the case. The Commission may postpone action on a quasi-judicial item until such time there are sufficient members present to pass a motion on the case. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time and date. ARTICLE VII--Meetings' Meetings of the Commission shall be open to the public and notice posted by the Borough Community Development Office (KIBC 2.100.030130). uewever, the ,:ss+emay Mee . tely to deliberate when it is acting on its quasi judicial role and the meeting is solely to make The Commission may deliberate in open session, or it may elect to recess into executive session to decide an adjudicatory matter where the Commission believes that a discussion of all or part of the matter should be conducted in executive session. If deliberation takes place in executive session, no person may attend the executive session discussion who was a witness or advocate for a position in the matter. No evidence or argument from any part may be received in executive session. At the conclusion of any executive session deliberations, the Commission must make its decision by vote in open session and adopt findings and conclusions based on the evidence in the record which was presented in open session (AS 44.62.310 (d)(1).) 2 A. Regular Meetings 1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month (KIBC 2..200.030). 2. At 5:00 p.m. on the first working day of each month, the agenda for the following month's regular meeting shall close for public hearing items. B. Special Meetings Special meetings may be called by the Chairperson, a majority of the Commission, or the Community Development Director (KIBC 2.100.130). C. Work Session i Interpretation of "regular meeting" to mean "all scheduled meetings of the Commission, both public hearing meetings and work sessions" approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. 2 The Commission serves in both a legislative and a quasi-judicial fashion. It acts legislatively when it passes on general policy or on the rights of individuals in the abstract. So, the Commission acts legislatively when it makes recommendations to the Assembly regarding the Comprehensive Plan (AS 29.40.020 and .030 and KIBC 2.105.030 A); regarding land disposals (KIBC 18.20.030); regarding the annual capital improvement list (KIBC 2.105.030 E); regarding amendments to KIBC Chapters 16, 17 and 18 or other portions of the code affecting the Commission); regarding amendments to these by-laws (Article XIII, below); and small-scale rezoning (Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 835 (Alaska 2001). It likewise acts legislatively when it makes plans for revitalization and reconstruction of areas within the borough (KIBC 2.105.030 D) and otherwise fulfills its duties under KIBC 2.105.030. But, the Commission acts in a quasi-judicial fashion when it hears cases involving permitted uses (KIBC 17.15.050); similar uses (KIBC 17.15.090); variances (KIBC 17.195); conditional use permits (KIBC 17.200); vacations (KIBC 16.60); and subdivisions (KIBC 16.10.070). If the Commission is acting to resolve a dispute, it is acting in an adjudicatory or quasi-judicial role. Ratified by the Assembly on May 17, 2012. Approval Of The Revised Planning And Zoning Commission By -Laws Page 78 of 102 AGENDA ITEM #14.D.2. The second Wednesday of each month will be designated as the packet review work session, with the express purpose of reviewing the information for the upcoming regular meeting. The Commission may schedule other work sessions at its discretion. Audio files shall be kept on file in the Community Development Department subject to the records retention schedule. Work session review of quasi-judicial cases shall ensure that the applicant or representative of the applicant is notified about the work session and how to attend. If the applicant or applicant's representative are unable to attend, then they must be notified where to find the recordina of the work session. D. Electronic Participation in Meetings 1. The Commission members are permitted to participate in all types of commission meetings electronically, with the exception of executive sessions. This option is provided for the convenience of the commission members who are unable to be present in person due to the following circumstances: a) Illness or injury of the Commission member or their family member. b) The passing of a family member. c) Obligation related to their employment. d) Out-of-town commitment that prevents the commission member from attending in person. 2. Those who participate electronically will be considered present for all intents and purposes while they are actively engaged, and they should strive to participate in the entire meeting. 3. If the chairperson participates electronically in a meeting, the vice -chairperson who is physically present will function as the chair to conduct the meeting and see that the rules are observed. If the vice -chairperson is not present or disqualifies themselves, the most senior commission member who is physically present shall function as the chair. 4. Prior to the meeting, reasonable efforts will be made to ensure that those participating electronically are provided with the meeting agenda and other pertinent documents to be discussed and/or acted upon; access to the agenda and documents from the borouah website will be considered sufficient access. 5. "Electronic participation" under this section shall include any means through which the Commission member may participate remotely, to include being able to hear and engage in discussion, and being audible to all persons participatinq in the meeting. The electronic participation method used must enable those who attend remotely, for the duration of the meeting, to clearly hear and to be clearly heard by those present. For regular meetings, it is essential that participation occurs via video conferencing, and each participant must have a functioning video camera in order to participate. Approval Of The Revised Planning And Zoning Commission By -Laws Page 79 of 102 AGENDA ITEM #14.D.2. 6. The Commission members are allowed to attend a maximum of four regular meetings electronically each year, spanning from January 1 to December 30. There are no limitations on the number of electronic participations for work sessions and special meetings. 7. Electronic Participation Procedures. Unless precluded by technical difficulties or waived by commission members in attendance, the following procedures apply to electronic participation: a) Notification to the Community Development Department shall occur 24 hours prior to the meeting of the request to participate electronically. If notice is not provided 24 hours prior to the meeting, electronic participation shall not be allowed. b) Up to three Commission members who notify the Community Development Department 24 hours prior to the meeting may participate by electronic participation as long as four Commission members will be present at the meeting. If four Commission members are not present in person at the meeting, the meeting shall be adjourned and rescheduled. c) Community Development staff shall open the electronic connection at least 15 minutes prior to the start of the meeting. After a connection is established and it is time for the meeting to commence, the person presiding over the meeting, shall call the meeting to order. d) The Kodiak Island Borough shall incur any communication charges for electronic participation. ARTICLE Vill—Conflict of Interest The rules of conduct regarding conflict of interest are delineated in: A. KIBC Section 2.100.140; and B. KIBC Section 2.35.010. ARTICLE IX —Procedure A. Parliamentary Authority 1. The Community Development Department Secretary shall act as Parliamentarian to the Planning & Zoning Commission. B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of Order; Current Edition by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150). This does not apply when the Commission is meeting in private to deliberate a quasi= judicial case. Further, as to motions to reconsider, the Commission will follow the procedure of the Assembly, KIBC 2.30.070 PM. 1. The order of business at regular meetings shall be as follows: a) Call to Order b) Pledge of Allegiance c) Roll Call d) Approval of Agenda e) Approval of Minutes Approval Of The Revised Planning And Zoning Commission By -Laws Page 80 of 102 AGENDA ITEM #14.D.2. f) Citizen Comments g) Public Hearings h) Old Business i) New Business j) Communications k) Reports 1) Staff r,,.,,. entsDirector's Report m) Citizen Comments n) Commissioner Comments o) Adjournment The order of business at work sessions shall be as follows: a) Call to Order b) Roll Call c) Citizen Comments d) Items for Discussion e) Packet Review Public Hearings Old Business New Business Communications Reports f) Qfoff C_A- ,. eAt Director's Comments g) Commissioner Comments h) Adjournment 3. The Commission may vote to dispense with any item on the agenda or to change the order of business. C. Findings In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission. D. Time Limit Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is provided, the meeting will be recessed and reconvened at a time and a place to be established by a majority of the Commission present. E. Ex Parte Contact For all quasi-judicial cases, each member of the Commission should avoid ex parte contacts or any gathering of ex parte information, such as site visits (unless the site visit has been arranged in advance, all commissioners attend (or are excused) and both a staff member and either the applicant or the applicant's representative also attend). ARTICLE X—Public Hearings A. Notice At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general circulation in the jurisdictional area a notice of the subject, date, time and place of the hearing. B. Procedures Approval Of The Revised Planning And Zoning Commission By -Laws Page 81 of 102 AGENDA ITEM #14.D.2. 1. Conduct of public hearings The Chairperson shall: a) Preside at all public hearings; b) State a summary of the question or issue at the opening of the hearing, limiting its contents to the subject advertised for hearing; c) Specify the method of conduct of the hearing; d) Assure an orderly hearing, having the power to terminate the hearing if, in his or her opinion, persons become unruly; e) Announce that all questions and comments shall be directed through the Chairperson only after the speaker has been properly recognized; f) Direct each speaker recognized to give their name and, if appropriate, the name of person or organization which the speaker represents; g) The Chairperson may set a reasonable time limit for the receipt of testimony at public hearings; h) Direct that all copies of prepared statements be given to the secretary to become a part of the record; i) Call for statements from proponents and opponents giving an equal opportunity for comment; j) Close the hearing to the receipt of public testimony when all who wish to speak have spoken or if the time limit set by the Chairperson has expired; k) Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after Commission members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony; and, 1) If deemed appropriate by the majority of the commission, the commission will deliberate in private and announce its decision at the conclusion of the deliberations. C. New Information The Commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date. New Information introduced after the fifteen (15) day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. ARTICLE XI —Reports and Minutes The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall keep minutes of the proceedings and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.160). ARTICLE XII—Ex Officio Members and Staff The duties of ex officio members and staff are delineated in KIBC Section 2.100.170. ARTICLE XIII—Amendments A. Procedure 1. By-law amendments may be proposed in writing by any Commissioner or staff at a regular meeting. Approval Of The Revised Planning And Zoning Commission By -Laws Page 82 of 102 AGENDA ITEM #14.D.2. 2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting subsequent to the introduction of the amendment. B. Approval 1. No amendment shall be effective until approved by the Assembly. ARTICLE XIV — Plannina and Zonina Commissioner Trainin Each Commission member shall attend at a minimum four (4) hours of training per fiscal year. This training may be in -person or through virtual means. In addition, attendance at a planning conference shall be considered sufficient to meet this minimum training requirement. Training that requires a fee may be paid by the Community Development Department with prior approval of the director. Approved Revisions: Amendment creating Article VI, Section A through F approved by the Planning & Zoning Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. Amendments to Article VI —Meetings, and Article VII—Conduct of Meetings, approved by the Planning & Zoning Commission on September 19, 1984. Ratified by the Assembly on October 4, 1984. Amendments to Article II —Definitions and Article III —Powers and Duties, approved by the Planning & Zoning Commission on December 18, 1985. Amendments to the entire By -Laws, approved by the Planning & Zoning Commission on December 21, 1988. Ratified by the Assembly on January 19, 1989. Amendments to Articles I, III, IV, VII, and IX, approved by the Planning & Zoning Commission on May 21, 2003. Ratified by the Assembly on August 21, 2003. Amendments to Articles VII, X, and XI, approved by the Planning & Zoning Commission on January 18, 2006. Ratified by the Assembly on March 16, 2006. Amendments to Articles I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, approved by the Planning & Zoning Commission on March 18, 2009. Ratified by the Assembly on April 2, 2009. Amendments to Articles VII, IX, and X, approved by the Planning & Zoning Commission on June 16, 2010. Ratified by the Assembly on September 3, 2010. Amendments to Articles V, VII, IX, and X, approved by the Planning & Zoning Commission on April 24, 2012. Ratified by the Assembly on May 17, 2012. Amendments to Articles III, IV, VI, VII, VIII, IX, X, XII, approved by the Planning & Zoning Commission on February 19, 2014. Ratified by the Assembly on April 17, 2014. Amendments to Articles II, VI, VII, IX, XIII, and XIV, approved by the Planning & Zoning Commission on August 20, 2025. Ratified by the Assembly on Approval Of The Revised Planning And Zoning Commission By -Laws Page 83 of 102 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION BY-LAWS ARTICLE I —Authority Pursuant to Section 2.100.150 of the Borough Code, these by-laws of the Kodiak Island Borough Planning and Zoning Commission establish the Commission's procedural rules and order of business, except as otherwise provided by law, subject to approval by the Kodiak Island Borough Assembly. ARTICLE II —Definitions As used in these by-laws: "AS" means Alaska Statutes "Assembly" means the Assembly of the Kodiak Island Borough "Chairperson" means the presiding officer of the Planning and Zoning Commission "Commission" means the Planning and Zoning Commission of the Kodiak Island Borough "Commissioner" means a member of the Planning and Zoning Commission of the Kodiak Island Borough "KIBC" means the Kodiak Island Borough Code "Staff"means member of the Community Development Department "Director" means the Director of the Community Development Department ARTICLE III —Powers and Duties The powers and duties of the Commission are spelled out in: A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation; B. KIBC Section 2.105.030; C. KIBC Section 2.100.020; and D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC Title 18 Borough Real Property. ARTICLE IV —Membership The membership requirements of the Commission are identified in: A. KIBC Sections 2.105.010 and 2.105.020; and B. KIBC Section 2.100.030 through 2.100.100. ARTICLE V—Officers and Duties A. Election At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice -Chairperson from among its members. The chair will open nominations, a motion and second will be made to close nominations, and then a roll call vote will be taken. The Vice - Chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act. (KIBC 2.100.110). B. Duties 1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties normally conferred by parliamentary usage on such office and such duties as may be prescribed by the Commission. 2. The Chairperson may enter into the discussion of a matter before the Commission. 3. In the absence of the Chairperson and Vice -Chairperson, the senior member shall preside at the meeting. Approval Of The Revised Planning And Zoning Commission By -Laws Page 84 of 102 AGENDA ITEM #14.D.2. ARTICLE VI —Quorum and Voting Requirements A majority (four) of the authorized members of the Commission constitutes a quorum for transaction of business at all Commission meetings (Regular, Special, and Work Sessions). The affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. The lack of four votes to pass a motion on a quasi-judicial case does not conclude voting on the case. The Commission must vote and pass a motion with four votes to conclude the case. The Commission may postpone action on a quasi-judicial item until such time there are sufficient members present to pass a motion on the case.- In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time and date. ARTICLE VII--Meetings' Meetings of the Commission shall be open to the public and notice posted by the Borough Community Development Office (KIBC 2.100.130). The Commission may deliberate in open session, or it may elect to recess into executive session to decide an adjudicatory matter where the Commission believes that a discussion of all or part of the matter should be conducted in executive session. If deliberation takes place in executive session, no person may attend the executive session discussion who was a witness or advocate for a position in the matter. No evidence or argument from any part may be received in executive session. At the conclusion of any executive session deliberations, the Commission must make its decision by vote in open session and adopt findings and conclusions based on the evidence in the record which was presented in open session (AS 44.62.310 (d)(1).) 2 A. Regular Meetings 1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month. 2. At 5:00 p.m. on the first working day of each month, the agenda for the following month's regular meeting shall close for public hearing items. B. Special Meetings Special meetings may be called by the Chairperson, a majority of the Commission, or the Community Development Director (KIBC 2.100.130). C. Work Session The second Wednesday of each month will be designated as the packet review work session, with the express purpose of reviewing the information for the upcoming regular meeting. The i Interpretation of "regular meeting" to mean "all scheduled meetings of the Commission, both public hearing meetings and work sessions" approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. 2 The Commission serves in both a legislative and a quasi-judicial fashion. It acts legislatively when it passes on general policy or on the rights of individuals in the abstract. So, the Commission acts legislatively when it makes recommendations to the Assembly regarding the Comprehensive Plan (AS 29.40.020 and .030 and KIBC 2.105.030 A); regarding land disposals (KIBC 18.20.030); regarding the annual capital improvement list (KIBC 2.105.030 E); regarding amendments to KIBC Chapters 16, 17 and 18 or other portions of the code affecting the Commission); regarding amendments to these by-laws (Article XIII, below); and small-scale rezoning (Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 835 (Alaska 2001). It likewise acts legislatively when it makes plans for revitalization and reconstruction of areas within the borough (KIBC 2.105.030 D) and otherwise fulfills its duties under KIBC 2.105.030. But, the Commission acts in a quasi-judicial fashion when it hears cases involving permitted uses (KIBC 17.15.050); similar uses (KIBC 17.15.090); variances (KIBC 17.195); conditional use permits (KIBC 17.200); vacations (KIBC 16.60); and subdivisions (KIBC 16.10.070). If the Commission is acting to resolve a dispute, it is acting in an adjudicatory or quasi-judicial role. Ratified by the Assembly on May 17, 2012. Approval Of The Revised Planning And Zoning Commission By -Laws Page 85 of 102 AGENDA ITEM #14.D.2. Commission may schedule other work sessions at its discretion. Audio files shall be kept on file in the Community Development Department subject to the records retention schedule. Work session review of quasi-judicial cases shall ensure that the applicant or representative of the applicant is notified about the work session and how to attend. If the applicant or applicant's representative are unable to attend, then they must be notified where to find the recording of the work session. D. Electronic Participation in Meetings 1. The Commission members are permitted to participate in all types of commission meetings electronically, with the exception of executive sessions. This option is provided for the convenience of the commission members who are unable to be present in person due to the following circumstances: a) Illness or injury of the Commission member or their family member. b) The passing of a family member. c) Obligation related to their employment. d) Out-of-town commitment that prevents the commission member from attending in person. 2. Those who participate electronically will be considered present for all intents and purposes while they are actively engaged, and they should strive to participate in the entire meeting. 3. If the chairperson participates electronically in a meeting, the vice -chairperson who is physically present will function as the chair to conduct the meeting and see that the rules are observed. If the vice -chairperson is not present or disqualifies themselves, the most senior commission member who is physically present shall function as the chair. 4. Prior to the meeting, reasonable efforts will be made to ensure that those participating electronically are provided with the meeting agenda and other pertinent documents to be discussed and/or acted upon; access to the agenda and documents from the borough website will be considered sufficient access. 5. "Electronic participation" under this section shall include any means through which the Commission member may participate remotely, to include being able to hear and engage in discussion and being audible to all persons participating in the meeting. The electronic participation method used must enable those who attend remotely, for the duration of the meeting, to clearly hear and to be clearly heard by those present. For regular meetings, it is essential that participation occurs via video conferencing, and each participant must have a functioning video camera in order to participate. 6. The Commission members are allowed to attend a maximum of four regular meetings electronically each year, spanning from January 1 to December 30. There are no limitations on the number of electronic participations for work sessions and special meetings. Approval Of The Revised Planning And Zoning Commission By -Laws Page 86 of 102 AGENDA ITEM #14.D.2. 7. Electronic Participation Procedures. Unless precluded by technical difficulties or waived by commission members in attendance, the following procedures apply to electronic participation: a) Notification to the Community Development Department shall occur 24 hours prior to the meeting of the request to participate electronically. If notice is not provided 24 hours prior to the meeting, electronic participation shall not be allowed. b) Up to three Commission members who notify the Community Development Department 24 hours prior to the meeting may participate by electronic participation as long as four Commission members will be present at the meeting. If four Commission members are not present in person at the meeting, the meeting shall be adjourned and rescheduled. c) Community Development staff shall open the electronic connection at least 15 minutes prior to the start of the meeting. After a connection is established and it is time for the meeting to commence, the person presiding over the meeting, shall call the meeting to order. d) The Kodiak Island Borough shall incur any communication charges for electronic participation. ARTICLE Vill—Conflict of Interest The rules of conduct regarding conflict of interest are delineated in: A. KIBC Section 2.100.140; and B. KIBC Section 2.35.010. ARTICLE IX —Procedure A. Parliamentary Authority 1. The Community Development Department Secretary shall act as Parliamentarian to the Planning & Zoning Commission. B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of Order; Current Edition by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150). This does not apply when the Commission is meeting in private to deliberate a quasi- judicial case. Further, as to motions to reconsider, the Commission will follow the procedure of the Assembly, KIBC 2.30.070 PM. The order of business at regular meetings shall be as follows: a) Call to Order b) Pledge of Allegiance c) Roll Call d) Approval of Agenda e) Approval of Minutes f) Citizen Comments g) Public Hearings h) Old Business i) New Business j) Communications k) Reports Approval Of The Revised Planning And Zoning Commission By -Laws Page 87 of 102 AGENDA ITEM #14.D.2. 1) Director's Report m) Citizen Comments n) Commissioner Comments o) Adjournment The order of business at work sessions shall be as follows: a) Call to Order b) Roll Call c) Citizen Comments d) Items for Discussion e) Packet Review Public Hearings Old Business New Business Communications Reports f) Director's Comments g) Commissioner Comments h) Adjournment 3. The Commission may vote to dispense with any item on the agenda or to change the order of business. C. Findings In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission. D. Time Limit Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is provided, the meeting will be recessed and reconvened at a time and a place to be established by a majority of the Commission present. E. Ex Parte Contact For all quasi-judicial cases, each member of the Commission should avoid ex parte contacts or any gathering of ex parte information, such as site visits (unless the site visit has been arranged in advance, all commissioners attend (or are excused) and both a staff member and either the applicant or the applicant's representative also attend). ARTICLE X—Public Hearings A. Notice At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general circulation in the jurisdictional area a notice of the subject, date, time and place of the hearing. B. Procedures 1. Conduct of public hearings The Chairperson shall: a) Preside at all public hearings; b) State a summary of the question or issue at the opening of the hearing, limiting its contents to the subject advertised for hearing; Approval Of The Revised Planning And Zoning Commission By -Laws Page 88 of 102 AGENDA ITEM #14.D.2. c) Specify the method of conduct of the hearing; d) Assure an orderly hearing, having the power to terminate the hearing if, in his or her opinion, persons become unruly; e) Announce that all questions and comments shall be directed through the Chairperson only after the speaker has been properly recognized; f) Direct each speaker recognized to give their name and, if appropriate, the name of person or organization which the speaker represents; g) The Chairperson may set a reasonable time limit for the receipt of testimony at public hearings; h) Direct that all copies of prepared statements be given to the secretary to become a part of the record; i) Call for statements from proponents and opponents giving an equal opportunity for comment; j) Close the hearing to the receipt of public testimony when all who wish to speak have spoken or if the time limit set by the Chairperson has expired; k) Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after Commission members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony; and, 1) If deemed appropriate by the majority of the commission, the commission will deliberate in private and announce its decision at the conclusion of the deliberations. C. New Information The Commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date. New Information introduced after the fifteen (15) day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. ARTICLE XI —Reports and Minutes The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall keep minutes of the proceedings and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.160). ARTICLE XII—Ex Off icio Members and Staff The duties of ex officio members and staff are delineated in KIBC Section 2.100.170. ARTICLE XIII—Amendments A. Procedure 1. By-law amendments may be proposed in writing by any Commissioner or staff at a regular meeting. 2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting subsequent to the introduction of the amendment. B. Approval 1. No amendment shall be effective until approved by the Assembly. ARTICLE XIV — Planning and Zoning Commissioner Training Approval Of The Revised Planning And Zoning Commission By -Laws Page 89 of 102 AGENDA ITEM #14.D.2. Each Commission member shall attend at a minimum four (4) hours of training per fiscal year. This training may be in -person or through virtual means. In addition, attendance at a planning conference shall be considered sufficient to meet this minimum training requirement. Training that requires a fee may be paid by the Community Development Department with prior approval of the director. Approved Revisions: Amendment creating Article VI, Section A through F approved by the Planning & Zoning Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. Amendments to Article VI —Meetings, and Article VII—Conduct of Meetings, approved by the Planning & Zoning Commission on September 19, 1984. Ratified by the Assembly on October 4, 1984. Amendments to Article II —Definitions and Article III —Powers and Duties, approved by the Planning & Zoning Commission on December 18, 1985. Amendments to the entire By -Laws, approved by the Planning & Zoning Commission on December 21, 1988. Ratified by the Assembly on January 19, 1989. Amendments to Articles I, III, IV, VII, and IX, approved by the Planning & Zoning Commission on May 21, 2003. Ratified by the Assembly on August 21, 2003. Amendments to Articles VII, X, and XI, approved by the Planning & Zoning Commission on January 18, 2006. Ratified by the Assembly on March 16, 2006. Amendments to Articles I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, approved by the Planning & Zoning Commission on March 18, 2009. Ratified by the Assembly on April 2, 2009. Amendments to Articles VII, IX, and X, approved by the Planning & Zoning Commission on June 16, 2010. Ratified by the Assembly on September 3, 2010. Amendments to Articles V, VII, IX, and X, approved by the Planning & Zoning Commission on April 24, 2012. Ratified by the Assembly on May 17, 2012. Amendments to Articles III, IV, VI, VII, VIII, IX, X, XII, approved by the Planning & Zoning Commission on February 19, 2014. Ratified by the Assembly on April 17, 2014. Amendments to Articles II, VI, VII, IX, XIII, and XIV, approved by the Planning & Zoning Commission on August 20, 2025. Ratified by the Assembly on Approval Of The Revised Planning And Zoning Commission By -Laws Page 90 of 102 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Appointment Of The October 7, 2025, Regular Municipal Election Officials ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to appoint the election officials for the upcoming municipal election as listed on the memo submitted by the Borough Clerk. DISCUSSION: The local Election is scheduled for Tuesday, October 7, 2025. Included in this packet is a roster of election officials for your consideration and appointment for the upcoming Regular Municipal Election. This roster comprises of individuals assigned to work on Election Day at the precincts, the receiving team, and the canvass board who convenes a week after the election. The Borough expresses its appreciation to all volunteers who commit countless hours to training and service. We also recognize the young individuals who have joined the Youth Vote Ambassador Program. We are excited to see their engagement in the electoral process. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 7.30.010 Election officials. A. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. The clerk may appoint persons aged 16 or older as additional election officials if they meet the requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person so appointed serves under the supervision of the precinct board chair. B. All election officials should attend a training session unless personally and specifically excused for cause by the clerk. If any appointed election official is not able to or refuses to serve on election day, the clerk may appoint a replacement for that official. C. Except for duly qualified persons 16 to 18 years old appointed under subsection A_ of this section, each election official serving at a precinct polling place must be a qualified voter and, if possible, a resident within the precinct for which appointed. D. All election officials, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the clerk. E. Candidates shall not serve as election officials. Certain familial relationships may not exist Kodiak Island Borough Appointment Of The October 7, 2025, Regular Municipal Election Officials Page 91 of 102 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING between a candidate and a precinct election official, member of a ballot receiving/counting team or canvass board in regular or special elections. Those familial relationships are: 1. Mother, mother-in-law, stepmother; 2. Father, father-in-law, stepfather; 3. Sister, sister-in-law, stepsister; 4. Brother, brother-in-law, stepbrother; 5. Spouse; or 6. Person sharing the same living quarters. F. If the clerk knows or learns that any of these relationships exist, the precinct election official shall be notified and replaced. Kodiak Island Borough Appointment Of The October 7, 2025, Regular Municipal Election Officials Page 92 of 102 AGENDA ITEM #14.D.3. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerksgkodiakak.us TO Kodiak Island Borough Assembly FROM: Nova M. Javier, MMC, Borough Clerk DATE September 18, 2025 RE. Regular Municipal Election Workers ----------------------------------------- ----------------------------------------- Pursuant to KIB 7.30.010, 1 respectfully request approval of the following individuals who have volunteered to serve as election officials for the Borough's Upcoming Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 820 KODIAK NO. 2 PRECINCT NO. 825 Chair Sandy Peotter Chair Nenita Nicolas Co-chair Ellen Lester Co -Chair Jamie Bennett Judge Joan Altenhof Judge Martha Branson Judge Marilyn Davidson Judge Melanie Weller Judge Jennie DelaFuente Judge Virginia Puzon Judge Norma Dutt Judge Jonana J. Orloff Judge Joyce Gregory Judge Susan Jeffrey Judge Jill Skaw MISSION ROAD PRECINCT NO. 830 FLATS PRECINCT NO. 810 Chair Anita Sholl Chair Robin Killeen Co -Chair Alison Borton Co -Chair Michelle Weekly Judge Emma Borton (YA) Judge Mary Ann Hickey Judge Kathleen Carlsen Judge Sophie Frets Judge Mary Ann Kondro Judge Kristie Wall Judge Robert Lachowsky Judge Jacqueline L. Landry Judge Erik Grupp Judge Lora M. Melone Egle Judge Lenith Fronda RECEIVING BOARD Heather Fincher Teresa Medina Brian Price Bronwyn Currie YA — Youth Ambassadors CANVASS BOARD Sally Haldewang Randy Busch Kate Loewen Karen Still EARLY VOTING TEAM Borough Clerk's Office Staff Appointment Of The October 7, 2025, Regular Municipal Election Officials Page 93 of 102 AGENDA ITEM #14.D.4. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 18, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to declare Assembly member Sharratt's seat on the Assembly vacant and direct the Clerk to advertise the vacant seat per Borough Code. DISCUSSION: On September 2, 2025, Mr. Sharratt submitted his resignation letter from the Assembly. There are still more than 90 days remaining in the term, since the position he holds will not end until October 2026. The schedule for filling this vacancy is outlined below: • September 19 and 26, post the advertisement for the seat in the Kodiak Daily Mirror • September 20 to October 4, receive applications • October 9, conduct interviews with applicants (tentative) • October 16, finalize appointment and administer the oath ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.25.060 Declaring and filing vacancies Kodiak Island Borough Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant Page 94 of 102 AGENDA ITEM #14.D.4. Kodiak Island Borough 9.2.2025 Attention: Clerk's Office 722 Mill Bay Rd. Kodiak, AK 99615 RE: Resignation of Assembly Position Nova et al., It is with deep regret that I have to resign my position on the Kodiak Island Borough Assembly effective today, 9-2-2025. My resignation is due to personal/family reasons, and I need to focus on my family. If you need anything else, please feel free to text. Respectfully, Rya B. Sharratt 907. 2.5544 Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant Page 95 of 102 AGENDA ITEM #14.D.4. Kodiak Island Borough OFFICE of the CLERK 2025 Calendar Filling A Vacant Assembly Member Seat 2.25.060(C). If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy. Accept resignation and declare the seat September 18 regular meeting vacant with an effective date of September There is more than 90 days remaining in the 2, 2025, at 11:59 p.m. term. Advertise in the paper. September 19 and September 26 The clerk shall publish reasonable public notice of the vacancy. Application Acceptance Period September 20 to October 4 For 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. Clerk to distribute interview packets October 6 (Assembly members to pick up in the The Assembly shall review the applications Clerk's office) Interview applicants October 9 During a Work Session The Assembly may interview applicants Interview and rate sheets to be turned in to October 13 Clerk for tally Review and decide on applicant October 16 during a regular meeting Appointment and Oath Taking October 16 Not later than 30 days after the seat is October 16 deadline for appointment declared vacant, the assembly shall appoint from among the applicants a Must appoint by date: October 18 (Effective date of qualified person to fill the vacant seat. September 18 plus 30 days =October 18) Note: The stated dates above can be adjusted. The assembly can expedite the appointment process by calling special meetings or skipping interviews. Page 1 of 3 Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant Page 96 of 102 AGENDA ITEM #14.D.4. Section 2.25.060 Declaring and Filling Vacancies C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. Section 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate or candidates, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. 2.30.070(F). The vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. Page 2 of 3 Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant Page 97 of 102 Kodiak Island Borough OFFICE of the CLERK 710 TU11 Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us TO Kodiak Island Borough Assembly FROM: Nova M. Javier, MMC, Borough Clerk DATE September 18, 2025 RE. Regular Municipal Election Workers ----------------------------------------- ----------------------------------------- Pursuant to KIB 7.30.010, 1 respectfully request approval of the following individuals who have volunteered to serve as election officials for the Borough's Upcoming Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 820 KODIAK NO. 2 PRECINCT NO. 825 Chair Sandy Peotter Chair Nenita Nicolas Co-chair Ellen Lester Co -Chair Jamie Bennett Judge Joan Altenhof Judge Martha Branson Judge Marilyn Davidson Judge Melanie Weller Judge Jennie DelaFuente Judge Virginia Puzon Judge Norma Dutt Judge Jonana J. Orloff Judge Joyce Gregory Judge Susan Jeffrey Judge Jill Skaw MISSION ROAD PRECINCT NO. 830 FLATS PRECINCT NO. 810 Chair Anita Sholl Chair Robin Killeen Co -Chair Alison Borton Co -Chair Michelle Weekly Judge Emma Borton (YA) Judge Mary Ann Hickey Judge Kathleen Carlsen Judge Sophie Frets Judge Mary Ann Kondro Judge Kristie Wall Judge Robert Lachowsky Judge Jacqueline L. Landry Judge Erik Grupp Judge Lora M. Melone Egle Judge Lenith Fronda RECEIVING BOARD Heather Fincher Teresa Medina Brian Price Bronwyn Currie CANVASS BOARD Sally Haldewang Randy Busch Kate Loewen Karen Still EARLY VOTING TEAM Borough Clerk's Office Staff YA — Youth Ambassadors v m 00 0 0 N Regular V Special 9 P Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: V C(11 g /,�, Adjourned: BY: SECOND: BY: V C SECOND:j C>Ir UV� BY: J SECOND: j , �v BY: SECOND: • qq IIdz BY: 1 SECOND: V� , 01 �Ulk YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames V,Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin V Mr. Griffin V Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Of Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux V Mr. LeDoux r. r Mr. Smiley Mr. Whiteside 1-7 1 Mr. Whiteside Mr. Whiteside Mr. Whiteside V Mr. Whiteside WOULD ANYONE LIKE_ TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may no,kVote 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 —7-1 Mayor Arndt v QQ cD 0 0 N Regular v Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: V G 1. L,)-�4 Adjourned: BY: G� SECOND:�(� 11'�� r�� pu -, 0 � BY: 5C,BY: SECOND: �\ 0 ��p2if /01 G SECOND: 070WIlD BY: � SECOND: ��e BY: SECOND:0 of YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames V Mr. Ames Mr. Ames Mr. Ames Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin U Mr. Griffin ✓ Mr. Johnson V Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnso Mr. LeDouxl, V Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux r.ha a e Mk Smnlav Mr. Whiteside Mr. Whitesid Mr. Whiteside Mr. Whiteside Mr. Whitest e WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD_ ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: rLi 0 TOTAL: The mayor ma not vote except in the case wh a only six members of the assembly are present and there is a ee/three tie vote of the asseaffly. Mayor Arndt Mayor Arndt Mayor Arndt T Mayor Arndt Mayor Arndt Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: q�l g L.,,,7 Adjourned: r7 ', 3TPI"-- BY: � SECOND: BY: �JJ SECOND: BY: � � SECOND: BY: SECOND: BY: SECOND: iYES NO YES NO YES NO YES NO YES NO Mr. Ames VMr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDou Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux S arr tt . Sh a S ra% M S att r. Sharr r. i Mr mi r it e Mr. Whiteside Mr. Whitesi Mr. Whiteside Mr. White sid Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: ro I TOTAL: TOTAL: TOTAL: The mayor ma 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 rn Co AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Meeting Type: Assembly Regular Meeting Date: September 18, 2025 Please PRINT your name legibly Phone number V41 ko2w-riect 3 15 — (q 4 C4�(el� e l es Page 101 of 102 AGENDA ITEM #18.A. Kodiak Island Borough Assembly Newsletter Vol. FY2026, No. 06 September 19, 2025 At Its Regular Meeting Of September 18, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 2, 2017, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED September 15-19, 2025, As Kodiak Adult Education And Family Literacy Week And Encouraged All Residents To Support And Participate In These Programs PROCLAIMED September 30, 2025, As National Assessors Day And Encouraged Residents To Acknowledge And Appreciate Their Contributions To The Community And To Learn More About Their Work ADOPTED Ordinance No. FY2026-05, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.050 Board of Equalization AUTHORIZED The Borough Manager To Execute Contract No. FY2026-13 For The Purchase Of Enterprise Storage From USI Corporation In The Amount Not To Exceed $52,786 ADVANCED Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Administration And Personnel, Chapter 2.10 Appointment Of Officers, Commissions, And Committees, Section 2.10.030 Compensation For Regulatory And Quasi -Judicial Boards and Commissions To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2026-08, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Good Cause Appeal Hearings To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2026-09, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.040 Method Of Assessment Regarding Correction Of The Assessment Roll To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed Properties Acquired By Clerk's Deed in 2024 And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal To Public Hearing At The Next Regular Meeting Of The Assembly VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License (BDL) Renewal Application For El Chicano, Inc. DBA El Chicano Mexican Restaurant (License #3299 Combined Renewal Notice For 2025-2026 Renewal Cycle) APPROVED The Revised Planning And Zoning Commission By -Laws View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakislandBorough Page 102 of 102 AGENDA ITEM #18.A. APPOINTED The Election Officials For The Upcoming October 7, 2025, Municipal Election As Listed On The Memo Submitted By The Borough Clerk DECLARED The Seat Held By Mr. Ryan Sharratt On The Assembly Vacant And Directed The Borough Clerk To Advertise The Vacancy Per Borough Code View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough Page 103 of 102