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2025-10-02 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, October 2, 2025, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing. 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. Special Meeting Minutes of September 11, 2025 and Regular 5 - 11 Meeting Minutes of September 18, 2025 Minutes Binder 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. Award Presentation For The Employee Of The Quarter 12 Agenda Item Report - Pdf Page 0 of 116 0 10 B. Proclamation Declaring The Month Of October National Community Planning Month Agenda Item Report - Pdf C. Proclamation Declaring The Month Of October As Filipino American National History Month Agenda Item Report - Pdf COMMITTEE REPORTS PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202. A. Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Office Beverage Dispensary Liquor License No. 3299 Transfer Of Ownership From El Chicano Inc., DBA El Chicano Mexican Restaurant, To Antonia Bravo; And Transfer Of Location From 402 Marine Way, Suite 100, To 202 Rezanof Drive, With New Restaurant Endorsement Application Agenda Item Report - Pdf B. 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 Agenda Item Report - Pdf C. 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 Agenda Item Report - Pdf D. 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 Agenda Item Report - Pdf E. 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 Agenda Item Report - Pdf 13 - 14 15 - 16 17-51 52 - 54 55-58 59-61 62 - 72 Page 1 of 116 11. BOROUGH MANAGER'S REPORT A. 2025-10-02 Borough Manager's Report 73 - 78 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS 1. Resolution No. FY2026-06, Authorizing Disposal By Lease 79 - 97 Of A Portion Of USS 2539 LT 1 Remainder Womens Bay Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS `11106 9I1►51:3A'aLIaI►VA1:1a1:4W4to] ►VAILTA Ia1011 10� 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Cook Inlet Regional Citizens Advisory Council Update From 98 Mayor Scott Arndt CIRCAC September 2025 Director Report B. Summary of the September 15, 2025 Board of Education 99 - 112 Meeting; Planning and Zoning Commission Regular Meeting Minutes of July 16 and August 20, 2025; and Fire Protection Area No. 1 Board Regular Meeting Minutes of June 17 and July 22, 2025 Minutes Binder 19. SUPPLEMENTAL MATERIALS A. Meeting Materials Meetina Materials 113 - 116 This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Page 2 of 116 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 116 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Special Meeting September 11, 2025 A special meeting of the Kodiak Island Borough Assembly was held on September 11, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Assessing Director Seema Garoutte, Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Steve Ames, Jared Griffin, Dave Johnson, Larry LeDoux via electronic participation, Scott Smiley, and Bo Whiteside. CITIZENS COMMENTS The following spoke under citizen's comments: • Monique Lewis • Jeremy Williamson • Nate Svoboda • Zach Gianotti CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. Abbreviated And Informal Hearing Of The State Of Alaska Alcohol And Marijuana Control Office (AMCO) General Wholesale License (GWL) Renewal Application For Southern Glazer's Wine And Spirits Of Alaska, LLC DBA Southern Glazer's Of AK (License #4860) Steven Becker was given an opportunity to speak during the informal hearing to defend the renewal application, however, he did not attend the hearing. No motion was presented to withdraw the protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) General Wholesale License (GWL) renewal application for Southern Glazer's Wine and Spirits of Alaska, LLC DBA Southern Glazer's Of AK (License #4860). B. Mayoral Veto On Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With MK Enterprise, LLC Griffin moved to override the mayoral veto on Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With MK Enterprise, LLC. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Johnson, LeDoux, and Whiteside (AYES); Ames, Griffin, and Smiley (NOES). C. EXECUTIVE SESSION - Discussion Of Pending Appeal Of The Alutiiq Heritage Foundation Property Tax To The Superior Court Kodiak Island Borough Assembly Special Meeting Minutes September 11, 2025 Page 1 of 2 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 5 of 115 AGENDA ITEM #6.A. Clerk's Note: Assembly Member LeDoux did not participate in the executive session. GRIFFIN moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation of the Alutiiq Heritage Foundation property tax to the Superior Court to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, Smiley, Whiteside, and Ames. GRIFFIN moved to invite the Mayor, Assembly, Manager, Assessor, and Clerk into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the special meeting and convened the executive session at 7:14 p.m. Upon returning from the executive session, Mayor Arndt reconvened the special meeting at 7:45 p.m. and announced that direction was given to the Borough Manager on how to proceed with litigation. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 7:46 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough September 11, 2025 ATTEST: Nova M. Javier, Borough Clerk Assembly Special Meeting Minutes Page 2 of 2 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 6 of 115 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 18, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on September 18, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Seema Garoutte, Community Development Director Chris French, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. INVOCATION Mr. Hamilton Long 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, 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 21, 2025 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Monique Lewis • Sandra West • Kelsey James • Antonia Bravo • Kristina Van Hoogmoed 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring September 15-19, 2025, Kodiak Adult Education And Family Literacy Week Kodiak Island Borough September 18, 2025 Assembly Regular Meeting Minutes Page 1 of 5 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 7 of 115 AGENDA ITEM #6.A. Mayor Arndt proclaimed September 15-19, 2025, as Kodiak Adult Education and Family Literacy Week. Linda Himelbloom received the proclamation. B. Proclamation In Recognition Of The National Assessors Day Mayor Arndt proclaimed September 30, 2025, as National Assessors Day. Assessor Seema Garoutte and her staff received the proclamation. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING A. 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 adopt Ordinance No. FY2026-05. 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, and Whiteside. 11. BOROUGH MANAGER'S REPORT Administrative Official Seema Garoutte provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt encouraged everyone to get out and vote on October 7 and mentioned that early voting starts next week. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2026-13, Purchase Of Enterprise Storage From USI Corporation GRIFFIN moved to authorize 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. Kodiak Island Borough September 18, 2025 Assembly Regular Meeting Minutes Page 2 of 5 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 8 of 115 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, LeDoux, Whiteside, and Ames. 14.B. RESOLUTIONS — None. 14.C. ORDINANCES FOR INTRODUCTION 1. 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 GRIFFIN moved to advance Ordinance No. FY2026-07 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Whiteside, Ames, and Griffin. 2. 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 GRIFFIN moved to advance Ordinance No. FY2026-08 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Whiteside, Ames, Griffin, and Johnson. 3. 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 GRIFFIN moved to advance Ordinance No. FY2026-09 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, Johnson, and LeDoux. 4. 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 GRIFFIN moved to advance Ordinance No. FY2026-10 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough September 18, 2025 Assembly Regular Meeting Minutes Page 3 of 5 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 9 of 115 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Johnson, LeDoux, and Whiteside. 14.D. OTHER ITEMS 1. 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) GRIFFIN moved 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, LeDoux, Whiteside, and Ames. 2. Approval Of The Revised Planning And Zoning Commission By -Laws GRIFFIN moved to approve the revised Planning and Zoning Commission By- laws. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Whiteside, Ames, and Griffin. 3. Appointment Of The October 7, 2025, Regular Municipal Election Officials GRIFFIN moved to appoint the election officials for the upcoming October 7, 2025, municipal election as listed on the memo submitted by the Borough Clerk. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Whiteside, Ames, Griffin, and Johnson. 4. Declaring Assembly Member Ryan Sharratt's Seat On the Assembly Vacant GRIFFIN moved to declare Assembly member Sharratt's seat on the Assembly vacant and direct the Clerk to advertise the vacant seat per Borough Code. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, Johnson, and LeDoux. 15. CITIZENS' COMMENTS Carlene McChesney spoke under citizens' comments. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member LeDoux shared his appreciation with the Assembly for all the work accomplished during the meeting, congratulated City Council Candidate Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2025 Page 4 of 5 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 10 of 115 AGENDA ITEM #6.A. Sandra West, and wished her good luck. He also mentioned Early Voting and asked the Clerk, Nova M. Javier, to explain the process. • Assembly Member Ames expressed his respect and appreciation for outgoing Assembly Member Sharratt. • Assembly Member Johnson thanked all the election volunteers and reminded everyone that these volunteers are the bedrock of democracy. • Assembly Member Griffin echoed the sentiments expressed by Assembly Members Johnson and LeDoux. He reminded everyone that the Borough Candidates Forum will be held on Tuesday, September 23, and the City Candidates Forum on Monday, September 29. He expressed support for establishing an Assembly advisor seat on the Chiniak Committee that the School District is planning to form. • Assembly Member Whiteside urged citizens to get out and vote. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 7:39 p.m. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough September 18, 2025 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Special Meeting Minutes of September 11, 2025 and Regular Meeting Minute... Page 11 of 115 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Award Presentation For The Employee Of The Quarter ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: DISCUSSION: The Kodiak Island Borough is bringing back the Employee of the Quarter award. This is to encourage outstanding job performance and exceptional delivery of borough services by employees and to recognize employees who demonstrate exemplary work and service performance. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Award Presentation For The Employee Of The Quarter Page 12 of 115 AGENDA ITEM #8.B. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring The Month Of October National Community Planning Month ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: The Mayor will proclaim the month of October as Community Planning Month. DISCUSSION: This proclamation declares the month of October National Community Planning Month which allows a public recognition of the participation and dedication of the members of Planning and Zoning Commission, professional planners, and other citizen planners who have contributed their time and expertise to the improvement of the Kodiak Island Borough. Community Development Director Chris French will be receiving the proclamation. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring The Month Of October National Community Planning ... Page 13 of 115 AGENDA ITEM #8.B. r Office of the Mayor Kodiak Island Borough, Alaska Vrodamatton DECLARING THE MONTH OF OCTOBER COMMUNITY PLANNING MONTH WHEREAS, change within a community is constant and community planning and plans can help navigate this change with data -driven insights and expertise that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories; and WHEREAS, the celebration of National Community Planning Month allows us to publicly recognize the participation and dedication of the members of planning commissions, professional planners, and other citizen planners who have contributed their time and expertise to the improvement of the Kodiak Island Borough. NOW, THEREFORE, I Scott Arndt, Mayor of the Kodiak Island Borough, declare the month of October 2025 as Community Planning Month in the Kodiak Island Borough in conjunction with the celebration of National Community Planning Month. In witness whereof, I have here unto set my hand and cause this seal to be affixed. Scott Arndt, Borough Mayor A j'IS 11 -7k1. ova M. Javier, MM , Borough Clerk Proclamation Declaring The Month Of October National Community Planning ... Page 14 of 115 AGENDA ITEM #8. C. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring The Month Of October As Filipino American National History Month ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: The Mayor will proclaim the month of October as Filipino American National History Month. DISCUSSION: This proclamation declares the month of October Filipino American National History Month and urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring The Month Of October As Filipino American Nationa... Page 15 of 115 AGENDA ITEM #8. C. 'AA Gk7� Osl"d 058ffozyA AhAw V4rVt[jtJ9a&V4tt DECLARING OCTOBER 2o2.5 AS, FILIPINO AMERICAN NATIONAL HISTORY MONTH WHEREAS, Filipino American history and culture must be promoted because of the role of Filipino Americans in the history of Kodiak and Alaska; and WHEREAS, positive role models will be able to instill and teach the Filipino American youth the importance of education, ethnicity, and values of their legacy; and WHEREAS, Kodiak is fortunate to count among its population a large concentration of citizens of Filipino descent, including those who have lived in Kodiak for generations and those who are new to the Kodiak Area, who contribute to Kodiak's economy and society through their commitment to professions, commerce, family, and the arts-, NOW, THEREFORE, 1, Scott Arndt, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2026 as, Filipino American National History Month as established by the trustees of the Filipino American National Historical Society and encourage all the residents to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. 67n witness whffmf, 0 havr hereunto setwp cCand and caw this f,-,Tl to be afte-d S, "e- _; �-,_ ': e- '-- —__ - - &w&Ama11 C%qor Gilles - ------ ---- Proclamation Declaring The Month Of October As Filipino American Nationa... Page 16 of 115 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Office Beverage Dispensary Liquor License No. 3299 Transfer Of Ownership From El Chicano Inc., DBA El Chicano Mexican Restaurant, To Antonia Bravo; And Transfer Of Location From 402 Marine Way, Suite 100, To 202 Rezanof Drive, With New Restaurant Endorsement Application ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the license transfer application based on the information contained within the packet, the feedback received from staff, and public testimony during the public hearing. Below are three examples of motions that may be used: Motion 1: Move to voice non -protest, with conditions, to the State Of Alaska Alcohol & Marijuana Control Office Beverage Dispensary Liquor License No. 3299 Transfer of Ownership From El Chicano Inc., DBA El Chicano Mexican Restaurant, To Antonia Bravo; And Transfer Of Location From 402 Marine Way, Suite 100, To 202 Rezanof Drive, With New Restaurant Endorsement, and direct the Clerk to notify AMCO of this decision. Motion 2: Move to voice non -protest to the State Of Alaska Alcohol & Marijuana Control Office Beverage Dispensary Liquor License No. 3299 Transfer of Ownership From El Chicano Inc., DBA El Chicano Mexican Restaurant, To Antonia Bravo; And Transfer Of Location From 402 Marine Way, Suite 100, To 202 Rezanof Drive, With New Restaurant Endorsement, and direct the Clerk to notify AMCO of this decision. Motion 3: Move to voice protest to the State of Alaska Alcohol & Marijuana Control Office regarding Beverage Dispensary Liquor License No. 3299, for the transfer of ownership from El Chicano Inc., dba El Chicano Mexican Restaurant, to Antonia Bravo, and the transfer of location from 402 Marine Way, Suite 100, to 202 Rezanof Drive, with new restaurant endorsement; and to direct the Clerk to notify the transferee of this intent. DISCUSSION: This agenda item pertains to a transfer of ownership and location. The Clerk's Office has reviewed the application in accordance with KIBC 5.01.030, and the investigation resulted in a fire safety concern such as fire code violations and sprinkler system issues from the Fire Marshall which may warrant an official protest by the Kodiak Island Borough Assembly. Under AS O4.11.480, the local governing body has the authority to challenge an application by submitting a clear and concise written statement of reasons to both the AMCO director and the applicant within 60 days of receiving the notice. In compliance with KIBC 5.01.040, 250 public hearing notices were mailed on September 15, 2025, to all property owners within a 1,500-foot radius of the establishment. Any responses received from the public will be provided to the Assembly for consideration. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 17 of 115 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING The deadline for the Kodiak Island (ABC) Board is October 20, 2025. Clerk's note: On August 20, 2025, license. ALTERNATIVES: Borough to respond to the Alcoholic Beverage Control the Assembly voiced non objection to the renewal of the Issue a letter of protest with conditions. 2. Issue a letter of non -protest. FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. AS O4.11.480 A local governing body may protest the approval of an application(s) by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application, responses must be sent to Alcohol Marijuana Control Office (AMCO) for the Alcoholic Beverage Control (ABC) Board within 60 days of receipt. 3 AAC 305.085 Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 18 of 115 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING (d) A local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 19 of 115 AGENDA ITEM #10.A. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY August 21, 2025 City of Kodiak Kodiak Island Borough Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7`' Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 VIA Email: Icruz@kodiakak.us; clerks@kodiakak.us; clerks@ city. kodiak.ak.us License Type: Beverage Dispensary License Number: 3299 Licensee: Antonia Bravo Doing Business As: El Chicano Mexican Restaurant Premises Address 202 Rezanof Drive, Kodiak 99615 Endorsement(s): Adding Restaurant Endorsement ❑ New Application ® Transfer of Ownership Application ® Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Kristina Serezhenkov, Local Government Specialist For, Kevin Richard, Director amco.localgovernmentonlvC@alaska.gov Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 20 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensi ng@alaska.gov httys://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 305 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, 3 AAC 305.045 and 3 AAC 305.060. This form must be completed and submitted to AMCO's Anchorage office, along with all other required forms and documents before any license application will be considered complete. Section 1 - Transferor Information Enter information for the current licensee and licensed establishment. Licensee: (�� J C License #: 39(oq License Type: C�a�' �— �� .f �5 Statutory Reference: Doing Business As: — � I Gh Premises Address: �� i Y1,L V'J S l Sao City: �6(,t,G(/4� State: ZIP: MO — Local Governing Body/Bodies: Transfer Type: egular transfer rTransfer with security interest ❑ Involuntary retransfer Controlling interest transfer Location transfer I`WA i�l!�f�IRMD MAY 'I i 2025 DePt. of Commerce AMCO OFFICE USE ONLY Complete Date: Transaction A Board Meeting Date: License Years: Issue Date: Examiner: [Form AB-01] (rev 7/16/2024) Page 1 of 7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 21 of 115 AGENDA ITEM #10.A. 0,104` 1111114, - A o. �v Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alas_k_a.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 2 - Transferee Information Enter information for the new applicant and/or location seeking to be licensed. Licensee: +(i \-k ✓v .C, Doing Business As: C/k� r&I(+ Premises Address: Z i City: [ �,) ' �d� ��-(�(.liK� State: Aw_ ZIP: (o 1'r Community Council, (If applicable): Mailing Address: I �C Gf �C - L 3k7r City: State: ZIP: Email: Phone: 0 ��_ --� a Designated Licensee: DM�� 6-- � Vb Contact Phone: p _Ci A ^-1a`(. Business Phone: q A �4p — 11 Contact Email: OrkbiNd-6Ac, C cu-,Hovk-- CoVk Yes No Seasonal License? If "Yes", write your six-month operating period: Section 3 - Premises Information Premises to be licensed is: an existing facility a new building a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to he outer boundaries of the nearest school grounds? Include the unit of measurement in your answer (Must be in feet). ® ,�; YV�'k &cb 2,640 feet What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to he public entrance of the nearest church building? Include the unit of measurement in your answer (Must be in feet.) 6 -A- (y\A V,:D 3,696 feet [Form AB-011(rev 7/16/2024) AMCO Received 5/12/2Q2§2of7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 22 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensi ngOalaska.eov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: B applicant F7 affiliate Name: Address: c 3 City: �� State: ZIP: F Email: �Y1c �'J�IAk k Cc�,lie Phone: q0- q--7-� G This individual is an: ❑ applicant ❑ affiliate Name: Address: City: State: ZIP: Email: Phone: Section 5 - Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (U-C), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section G. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the application shall be executed by an authorized officer of the Corporation. Information must be completed below for each stockholder who owns 10% or more of the stock in the corporation, and for each president vice-president secretary, and managing officer. • If the applicant is a limited liability organization, whether manager managed or member managed, the following information must be completed for each member with an ownership interest of 10% or more and for each manager regardless of ownership share. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. • For any entity, identify all affiliates for your organization as defined at 3 AAC 305.950. Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: [Form A13-01](rev 7/16/2024) AMCO Received 5/12/2MV} t3af7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 23 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol. lice nsi ng@aIaska.gov https://www.commerce,alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: Entity Official: Title(s): Phone: % Owned: Address: City: State: ZIP: Email: Phone: This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC). The registered agent is either an individual resident of the state or domestic corporation authorized to transact business in the state and whose business office is the same as the registered office. CBPL Entity #: AK Formed Date: Home State: Registered Agent: Agent's Phone: Agent's Mailing Address: City: State: ZIP: Email: Phone: Residency of Agent: Does your registered agent satisfy the requirement of AS O4.11.430? Yes No 4of7 [Form AB-Ol](rev 7/16/2024) AMCO Received 5/12/202 � Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 24 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office �OPI�O 550 W 7 h Avenue, Suite 1600 Anchorage, AK 99501 0 alcohol. licensinrt@alaska.aov httns://www.com merce.a laska.goy/web/amco x-� Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 6 - Other Licenses ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect ❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license number(s) and license type(s): Section 7 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with ❑ '' II �/ 11 AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: [Form AB-011 (rev 7/16/2024) AMCO Received 5/12/202grtSof7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 25 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensineCpalaska.aov httos:/Jwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, appr a of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature o ra fe or �,�y rw A L� j2j 'z �n�QY�i.0- Bi�(� i4 t+v 4 0 Printed name of transferor /� Subscribed and sworn to before me this A day of 1'�! l �.•`�acia Brek� Signature of Notary Public �pTA/��'• ma's n —�— c Notary Public in and for the State of = 3 'u'��1-1fiLl�� c,4 / J �� ti r My commission expires: FOF x�00 (�� •• 4,,,,-Fk-oi �e5i Cj�iY,•,••• "IsS gna ure of transferor ovi Printed name of transferor Subscribed and sworn to before me this I day of �ac9a Brek� ;' .c° Lo L1G �'rory ' 'Ps�o' TFOF p,LP.•',p0 4' lro,esse��e,,•` A pry 1 .20 Z5 . 4 si'C�l�`+ -c Y -, — Signature of Notary Public Notary Public in and for the State of H My commission expires: [Form AB-01i(rev 7/16/2024) AMCO Received 5/12/209grb6of7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 26 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol. lice nsi ngCa)a laska.gov https://www.commerce.alaska.goy/web/`amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that all proposed licensees have been listed with the Division of Corporations. 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 KI 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. 1 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 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. I certify that I and any individual identified in the business entity ownership section of this application, has, or will read I, AS 04 and its implementing regulations. -3 NSA BLI Q', N' ;s, ••9� �.�, rya l%i:�'L wed-�-..se�s�3� Si/na�l'tu tr �j%� 'OF ALA �.o��.``� Signature of Notary Public IA � '.�/�iA ,,,''No"t1aryublec`in and for the State of Printed name My commission expires: Subscribed and sworn to before me this 17 day of !-J P ir i I 20_. [Form AB-01](rev 7/16/2024) AMCO Received 5/12/20iZ 7of7 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 27 of 115 AGENDA ITEM #10.A. �y A4 f Alaska Alcoholic Beverage Control Board Form AB-02*: Premises Diagram Mcohol ,wd Ni.irilubiliia (olitri)l Ant ho(alle, AK')'1'�()1 I�ttt�� v�v`�r ct��t�)�•rc�� l,��l��t hVV��y�'I��tIl1C� I`hotle. 901.269 0350 Why is this for needed? A details dtagram of the ro osed licensed premises P P p em ses is required for all alcohol license applications, per AS 44.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your dia ram must in lu dimensions, r t premises, w,�lls t�;�rs g c de d n ens�ons and Rust show ��II entrances. boundaries of the p e , fix-TureS, and areas of storage,, g , service, consumption, and manufacturing. �'� f ormust be completed � r p and submitted to AMCO s Anchorage office before any license application will be considered complete, You may attach blue rin p is or other detailed drawings that meet the requirements of this form The diagram MUST include: • You must use a solid, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. c The red outline is required to follow a physical barrier (wall, fence and even across doorways). O There should be no red lines within the perimeter • Each area should be clearly labeled in any color other than red where alcohol is: o Stored o Served/Sold o Manufactured o Consumed • All diagrams must include: o Dimensions (AMCO does not accept diagrams drawn to scale) o Cross streets o Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures • If your premises include multiple floors, please include a separate diagram of each floor. o You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. • Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section- 1 - Establishment Information Enter information for the business seeking to be licensed, as Identified on the license application. rev 12/12/2023 Page 1 of 2 AMCO Received 5/14/2025 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 28 of 115 i "0' ............. ....... . �� _ Zrd �art,�url��• xt 6 UH ;'7p rA - r- C--ft&" y�z' ,a4e I z I 21C� Z AMCO Received 5/14/2025 D m 3 m O Q m v CD O v v D 0 0 Z7 v v 0 0 0 .01 0 Nj v 0 W 0 0 0 I f< �c LI i � ZN _ _ I o(of i0� .z. 2. -�- o to" _oel 2E' AMCO Received 5/17/2025 Ai AGENDA ITEM #10.A. &» ��l Alcohol and Marijuana Control Office �� 550 W 71" Avenue, Suite 1600 . Anchorage, AK 99501 AAK0 alcohol, licensina@alaska.aov ihttos://www.commerce.alaska.aov/web amco Phone:907.269.0350 4wk'JON Alaska Alcoholic Beverage Control Board Restaurant Endorsement Application This endorsement application form is required to apply for a restaurant endorsement to support your underlying license or pending license application. Applicants should review and become familiar with AS O4.09.450, Title 04 of Alaska Statutes and Chapter 305 of the Alaska Administrative Code. This form must be completed and submitted along with all other required forms and documents before any endorsement application will be considered complete and placed in the queue for our licensing examiners review. Section 1 - Establishment and Contact Information Enter information for the current licensee and licensed establish. �` J Licensee: ITYN � �, 1�( 1 License #t: Doing Business As: Licensee Mailing Address: Full Premises Address: City: local Governing Body: Restaurant Endorsement: n'a)10 MG1Ci (�✓� (� 4,of4- I etKf I ooj�'-,e ,2Ea Te Z &000-m rlr� Cot-+4oF Le...iaA License Type: y� Phone Number.M -t? � State: KT<-� LP: (I( S Email:AzC. e!cIit(ONC, , Section 2 - Endorsement Requested AS O4.09.450. A restaurant endorsement authorizes the holder of a beverage dispensary license, fair license, golf course license, sporting activity or event license, club license, outdoor recreation lodge license, destination resort license, or beverage dispensary tourism license. The biennial fee fora restaurant endorsement Is $200 with a $25 application fee. An application for a restaurant endorsement must specify the establishment or portion of the establishment that constitutes a bona fide restaurant, that there is supervision on the premises adequate to reasonably ensure that a person under 21 years of age will not obtain alcoholic beverages. This endorsement application is for the request of a designation as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049, and for the request of the following designation(s) (check all that apply: is1 Dining after standard closing hours: AS O4.16.010(c) 2. Dining by persons 16 — 20 years of age: AS O4,16.049(a) 3. [jyD) ,r(ing by persons under the age of 16 years, accompanied by a person over the age of 21: AS O4.16.049(a) 4. 1 14 Employment for any persons under 21 years of age: AS O4.16,049(c) NOTE: Under AS O4.16.049(d), a Department of Labor and Workforce Development work permit is not required to employ a person 18 - 20 years of age. Section 3 - Access to Persons Under 21 Years of Age Review AS O4.16.049(a); AS O4.16.049(c) Be specific In your list where within the premises persons under 21 years of age are anticipated to have access in the course of either dining or employment as designated In Section 2. (Example: Persons under 21 years of age will only be allowed in the dining area OR will only be employed and present In the kitchen). Aroof 6.0� C e.... cy*-� A 6'.�� A. I I rA C... tAlx\-� A-\"� D a C004�4::A 9 A A I iC,IL' G Ck cQ � rN� CCV1 P ) M60A to k�4eooJ-u„ c>; nr� r �� - • �-F W�� a� � �� bus �.-►c�,f. c�.,�,� „� 12/1 !/lulu revs Page l of 4 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 31 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W r Avenue. Suite 1600 Anchorage, AK 99501 alcohol,licertsmefoaIaska evv Phone: 907.269 0350 Alaska Alcoholic Beverage Control Board Restaurant Endorsement Application Describe the policies, practices and procedures that will be in lace to ensure sure that persons under 21 years of age do not gain access to alcoholic beverages while dining or employed at your premises. Outline how where alcoholic beverages are stored on premises. Acknowledge that employees who sell and serve alcoholic beverages must st have a current Server Education Card. �4-u DUL/'4\e- v r- w�tl�(.�-tt" v'\ G�'`�� a � W L � � pn l� as cue �c � �SC�Mc_ a., d-1001 i'A,►^� Ca -rct.- - �,v,u. Sel l �Mc,l.�o� YJ +.ra c Oj'eC� 1W Yes No Is an owner, manager, or assistant manager who Is 21 years of age or older always present on the premises during business hours? Section 4 -Food Service Establishment Per It Per AS O4.21.080(b) for an establishment to qualify as a bona fide restaurant, a Food Service Permit or for licenses within the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required. Unk to the Alaska Department of Environmental Conservation (ADEC) Food Safety Website: h"p:Hdec.alaska.gov/eh/fss/food/ Link to the Municipality of Anchorage Food Safety Webslte: http://www.munl.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx IF you are unable to certify the below statement, please discuss the matter with the AMCO office: I have attached a copy of the current food service permit for this premises OR the plan review approval. 'Note: If a plan review approval is submitted, a final permit will be required before finalization of any permit c Sectlon 5 - Hours of OpervItIon Review AS 04.16.010(c), Include variances in weekend/weekday hours, and Indicate AM/PM: Days/Hours of Operation Weekday From Time of Day To Time of Day 12/27/2024 rev2 Initials application. Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 32 of 115 AGENDA ITEM #10.A. co 1 r4Ol 4N% httns Alaska Alcoholic Beverage Control Board Restaurant Endorsement Application Section 6 - Areas Covered by Endorsement Does the endorsement apply to your entire licensed premises as approved by the ABC Board? Yes Does the requested endorsement expand your currently licensed premises? Alcohol and Marijuana Control Office 550 W T' Avenue, Suite 1600 Anchorage, AK 99501 alcohol .lice nsinQ alaska. (wwvi.cornmerce.alaska.jzov/web/t Yes I I Phone: 907.269.0350 No 11 NoE" • If no, attach the approved diagram, no larger than 81/2" x 11" of the layout, and identify the portions of the premises covered by various requested endorsements. You must use a solid, contiguous colored line in any color other than red to outline the outer perimeter of the area of the premises covered by the requested endorsement(s). • If endorsements are overlapping, provide a conspicuous means to distinguish each endorsement from the other (e.g., keyed map with varying colors for each requested endorsement. • Your drawing MUST include: • Dimensions in feet not square feet of all exterior walls and major interior walls (we do not accept diagrams drawn to scale) • Include cross -streets • A north arrow, and any significant geographical features. Points of reference, such as a compass shoving North. • All entrances, exits, walls, bars, and fixtures • Ifyour includes multiple floors, please include a separate diagram of each floor. You must identify premises p the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • Any endorsement application that includes outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section 7 - Entertainment 8 Service Are any forms of entertainment o ered or available within the licensed business or within the proposed licensed premises? Yes [:1 No If yes, describe the entertainment offered or available and the hours in which the entertainment may occur. Entertainment as described by AS O4.09.210, includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation. Foj;le d be age service offered or anticipated is: 013uffet Service [ Counter Service 00ther: 12/21/1024 revl Nage j of d Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 33 of 115 AGENDA ITEM #10.A. 0 l�t� Jr kNIC0 % / 1 rrJ 1 �1` Alaska Alcoholic Beverage Control Board Restaurant Endorsement Application Section 8 - Attestations Alcohol and Marijuana Control Office 550 W 7", Avenue, Suite 1600 Anchorage, AK 99501 alcohol. licensing alaska Aov https://www.commerce.alaska,.govlweblamco Phone: 907.269.0350 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 3AAC 305.340. 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 of 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, and or endorsement. I further understand that this is a Class A misdemeanor under AS 11.56.210 to falsify an application and commit the crime of unsworn falsifigation. Printed name of licensee lrr-anii� zl'-Ro� - SignaturV oVicensee Date Initials d 11/27/2014 rrwl Wage 4 of 4 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 34 of 115 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 7t" Avenue, Suite 1600 Anchorage, AK 99501 alcohol.lice nsinx(Malaska,eov h tips-/lwww.commerce. alaska.gov/web/amco Phone: 907.269 0350 Alaska Alcoholic Beverage Control Board Restaurant Endorsement A lication Section 8 - Attestations 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 O4.2 1.025, 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 3AAC 305.340. 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 of 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, and or endorsement. I further understand that this is a Class A misdemeanor under AS 11.56.210 to falsify an application and commit the crime of unsworn falsification. Printed name of licensee 12/27/2024 rev2 Signatuk oflicensee 7 1 1 (4 Date Initials 4 of 4 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 35 of 115 AGENDA ITEM #10.A. �y A4 f Alaska Alcoholic Beverage Control Board Form AB-02*: Premises Diagram Mcohol ,wd Ni.irilubiliia (olitri)l Ant ho(alle, AK')'1'�()1 I�ttt�� v�v`�r ct��t�)�•rc�� l,��l��t hVV��y�'I��tIl1C� I`hotle. 901.269 0350 Why is this for needed? A details dtagram of the ro osed licensed premises P P p em ses is required for all alcohol license applications, per AS 44.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your dia ram must in lu dimensions, r t premises, w,�lls t�;�rs g c de d n ens�ons and Rust show ��II entrances. boundaries of the p e , fix-TureS, and areas of storage,, g , service, consumption, and manufacturing. �'� f ormust be completed � r p and subm*tted to AMCO s Anchorage office before any license application will be considered complete, You may attach blue rin p is or other detailed drawings that meet the requirements of this form The diagram MUST include: • You must use a solid, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. c The red outline is required to follow a physical barrier (wall, fence and even across doorways). O There should be no red lines within the perimeter • Each area should be clearly labeled in any color other than red where alcohol is: o Stored o Served/Sold o Manufactured o Consumed • All diagrams must include: o Dimensions (AMCO does not accept diagrams drawn to scale) o Cross streets o Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures • If your premises include multiple floors, please include a separate diagram of each floor. o You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. • Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section- 1 - Establishment Information Enter information for the business seeking to be licensed, as Identified on the license application. rev 12/12/2023 Page 1 of 2 AMCO Received 5/14/2025 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 36 of 115 i "0' ............. ....... . �� _ Zrd �art,�url��• xt 6 UH ;'7p rA - r- C--ft&" y�z' ,a4e I z I 21C� Z AMCO Received 5/14/2025 D m 3 m O Q m v CD O v v D 0 0 Z7 v v 0 0 0 .01 0 Nj v 0 W 00 0 0 I f< �c LI i � ZN _ _ I o(of i0� .z. 2. -�- o to" _oel 2E' AMCO Received 5/17/2025 Ai v m w 0 K 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 D cn in m 3 07 m m' O_ CD cn v cu O D v v D 0 0 zr 0 90 v c' v v n 0 0 O 0 0 0 0 Ai o" ow Dn _ �z z D--i zm rn �m z c m AGENDA ITEM W.A. State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name EL CHICANO INC. Entity Type: Business Corporation Entity #: 59239D Status: Good Standing AK Formed Date: 10/3/1996 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2026 Entity Mailing Address: 103 CENTER ST, KODIAK, AK 99615 Entity Physical Address: 103 CENTER AVENUE, KODIAK, AK 99615 Registered Agent Agent Name: FILOMENO BRAVO Registered Mailing Address: 103 CENTER ST, KODIAK, AK 99615 Registered Physical Address: 103 CENTER ST, KODIAK, AK 99615 Officials OShow Former All Entity # Na Titles Owned ANA BRAVO Secretary, Shareholder, Treasurer, Vice President 50.00 FILOMENO BRAVO Director, President, Shareholder 50.00 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 41 of 115 AGENDA ITEM #10.A. Filed Documents Date Filed 10/03/1996 3/06/1998 1/27/2000 4/04/2002 12/24/2003 4/30/2007 11/02/2007 7/31/2012 3/18/2013 3/18/2013 6/09/2014 4/05/2016 11/29/2017 12/29/2019 7/26/2021 4/04/2022 2/24/2024 Type Creation Filing Biennial Report Biennial Report Biennial Report Biennial Report Admin Dissolution Biennial Report Biennial Report Biennial Report Biennial Report Biennial Report Biennial Report Biennial Report Biennial Report Change of Officials Biennial Report Biennial Report Filing Certificate Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View COPYRIGHT © STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT • CONTACT US Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 42 of 115 AGENDA ITEM #10.A. Department of Commerce, Community, and Economic Development DIVISION OF CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Business License / License #47764 LICENSE DETAILS License #: 47764 Business Name: EL CHICANO MEXICAN RESTAURANT Status: Active Issue Date: Expiration Date: 12/31 /2025 Has Telemedicine: No Mailing Address: 103 CENTER AVENUE KODIAK, AK 99615 Physical Address: 103 CENTER STREET KODIAK, AK 99615 Owners Entity Owner Name # Entity Status EL CHICANO, INC. 59239D Good Standing Activities Print Business License Line of Business NAICS Professional License # 72 -Accommodation and Food Services 722511 - FULL -SERVICE RESTAURANTS Endorsements End # Issue Renew Expiration Action End Action Note Address 1 5/16/2008 1 12/31 /2008 1 1103 CENTER STREET, KODIAK, AK 99615 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 43 of 115 AGENDA ITEM #10.A. License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. No Lapses on record for the last 4 years. COPYRIGHT © STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT • CONTACT US Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 44 of 115 AGENDA ITEM #10.A. From: Papineau. Kyle To: Lina Cruz Subject: RE: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant endorsement for dba El Chicano Mexican Restaurant (Bcc"d Staff) Date: Friday, September 19, 2025 10:56:07 AM Attachments: imaoe002.ono transfer Protest Elchicanos.odf Yes, we are protesting Transfer due to fire code violations and sprinkler system issues at 202 Rezanof Drive East. 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: Friday, September 19, 2025 10:53 AM To: Papineau, Kyle <kpapineau@city.kodiak.ak.us> Cc: Clerks <Clerks@kodiakak.us>; Nova Javier <njavier@kodiakak.us> Subject: RE: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant endorsement for dba 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. Kyle, Thank you for the clarification. The license is being transferred to 202 Rezanof Drive from 402 Marine Way. Are you also protesting the transfer application? Please note that this is separate from the renewal application. Lina Cruz, CMC Deputy Clerk Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 45 of 115 AGENDA ITEM #10.A. Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Fax PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Papineau, Kyle <koaoineau(@city.kodiak.ak.us> Sent: Friday, September 19, 2025 10:16 AM To: Lina Cruz <Icruz cDkodiakak.us> Subject: RE: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant endorsement for dba El Chicano Mexican Restaurant (Bcc'd Staff) Good Morning, At this time we are still protesting the renewal at 402 Marine Way West. This is do to fire code in relation to sprinkler system. System is in need or repairs and maintenance. System was inspected by Taylor Fire and Given a Status 2, Critical Deficiencies. Systems needs to be repaired and corrected to Status 4. International Fire Code 2021 Section 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 system is fixed we will drop 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 <IcruzCcakodiakak.us> Sent: Friday, September 19, 2025 9:41 AM To: Papineau, Kyle <koaoineau(@city.kodiak.ak.us> Cc: Clerks <Clerks(@kodiakak.us>; Nova Javier <niavier( kodiakak.us> Subject: RE: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 46 of 115 AGENDA ITEM #10.A. endorsement for dba 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 morning Kyle, I wanted to clarify whether the fire code violations are still in place, given that the license is being transferred to 202 Rezanof Drive. Is the protest based on that location, or on the current address listed on the renewal application, 402 Marine Way, Suite 100? 4A. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Fax Icruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Papineau, Kyle <koaoineau( city.kodiak.ak.us> Sent: Tuesday, August 26, 2025 3:56 PM To: Lina Cruz <Icruz cDkodiakak.us> Subject: RE: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant endorsement for dba El Chicano Mexican Restaurant (Bcc'd Staff) Good Afternoon, At this time Kodiak Fire Department is Protesting with condition due to fire code violations. Once deficiencies are corrected, we will 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 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 47 of 115 AGENDA ITEM #10.A. Fax:(907)486-8048 From: Lina Cruz <Icruzftodiakak.us> Sent: Thursday, August 21, 2025 3:58 PM Cc: Clerks <Clerks(@kodiakak.us> Subject: FW: 3299 LGB Notice of Complete Transfer of Ownership and Location with new restaurant endorsement for dba 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. Hello and Good afternoon Everyone, The Clerk's Office has just received notification from the Alcohol & Marijuana Control Office (AMCO) regarding the Beverage Dispensary License (BDL) TRANSFER OF OWNERSHIP AND LOCATION application for El Chicano Mexican Restaurant. Please review the attached and advise the Clerk's Office via email if your department has any concerns that may warrant a protest of the transfer application. For your reference: TRANSFEROR TRANSFEREE Licensee: El Chicano Inc Antonia Bravo License Type: Beverage Dispensary License (BDL) DBA El Chicano Mexican Restaurant El Chicano Mexican Restaurant Premises Address: 402 Marine Way Suite 100 202 Rezanof Drive 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. Here is a Link to the Kodiak Island Borough Code pertaining to new license and transfer procedures. If you have any questions, please don't hesitate to reach out. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 48 of 115 AGENDA ITEM #10.A. Office of the Fire Marshal 219 Lower Mill Bay Road Kodiak, AK 99615 Kyle Papineau, Deputy Fire Marshal City of Kodiak Kodiak, AK 99615 8/26/25 City Clerk Office El Chicano Mexican Restaurant AMCO Transfer Request At this time, The Kodiak Fire Department, Office of the Fire Marshal is Protesting- With Conditions, the Transfer of Beverage Dispensary License #3299 for El Chicano Mexican Restaurant 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. Fire inspection was completed on 8/25/25 with deficiencies found and reported. Fire extinguishers are past due for service. There is sheet rock that needs repair as part of fire separation and electrical safety issues. Once corrections are completed and signed off by this office, we will report satisfaction of repairs and code standard met, and change recommendation to No Protest. Respectfully, -3 Kyle A. Papineau Deputy Fire Marshal Kodiak Fire Department Telephone (907) 486-8040 / Fax (907) 486-8048 kpapineau(q.?city.kodiak.ak.us Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 49 of 115 AGENDA ITEM #10.A. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Beverage Dispensary License (BDL) Transfer of Ownership and Location License #3299 A public hearing will be held on Thursday October 2, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the following State of Alaska Alcohol and Marijuana Control Office (AMCO) BDL transfer of ownership and location application: Transferor Information: Transferee Information: El Chicano Mexican Restaurant (Filomeno Bravo) Antonia Bravo DBA: El Chicano Mexican Restaurant DBA: El Chicano Mexican Restaurant License Type: Beverage Dispensary License 202 Rezanof Drive 402 Marine Way Kodiak, AK 99615 Kodiak, Alaska 99615 Phone Number: (907) 942-7266 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks(a)kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. Name: Mailing Address: Comments: Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 50 of 115 AGENDA ITEM #10.A. Applicant: El Chicano Mexican Restaurant Request: Beverage Dispensary License (BDL) Transfer of Ownership, Address: 202 Rezanof Drive, Kodiak, AK 99615 a Notification: 1500 ft Kodiak Island Borough GIS E-- Notification Parcels This map is provided for informational www.kodiakak.us subject Parcel purposes only and is not intended for (907)-486-9332 O other Parcels any legal representation. 0 028 0.55 Miles Assembly Review Of The State Of Alaska Alcohol & Marijuana Control Offic... Page 51 of 115 AGENDA ITEM #1O.B. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 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 adopt Ordinance No. FY2026-07. 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 52 of 115 AGENDA ITEM #10.B. 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 AMINISTRATION 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 53 of 115 AGENDA ITEM #10.B. 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: Ordinance No. FY2026-07 Page 2 of 2 Ordinance No. FY2026-07, Amending Kodiak Island Borough Code Title 2 Adm... Page 54 of 115 AGENDA ITEM #10. C. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 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 adopt Ordinance No. FY2026-08. 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 55 of 115 AGENDA ITEM #10.C. 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 56 of 115 AGENDA ITEM #10.C. 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 57 of 115 AGENDA ITEM #10.C. 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 58 of 115 AGENDA ITEM #1O.D. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 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 adopt Ordinance No. FY2026-09. 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 59 of 115 AGENDA ITEM #10.D. 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 60 of 115 AGENDA ITEM #10.D. 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 61 of 115 AGENDA ITEM #10.E. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 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 adopt Ordinance No. FY2026-10. 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 62 of 115 AGENDA ITEM #10.E. 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. FY2026-10 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 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 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee land sale with the vacant resource manager position: and Ordinance No. FY2026-10 Page 1 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 63 of 115 AGENDA ITEM #10.E. 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 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 this property for Borough purposes, and the property will be sold at the earliest opportunity to do so. Ordinance No. FY2026-10 Page 2 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 64 of 115 AGENDA ITEM #10.E. 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 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 Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-10 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 3 of 3 Ordinance No. FY2026-10, Determining The Disposition Of Tax Foreclosed P... Page 65 of 115 AGENDA ITEM #10.E. 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 66 of 115 AGENDA ITEM #10.E. 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 67 of 115 AGENDA ITEM #10.E. 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, J `> GOtli?T ............5 ie and correct copy of an .anal document on file in tt� PJ•. ka Trial Courts at Kodiak V. ' Tess my hand and the s;a of this court: �. ....... ' JLIDIC:1f�1 b480st 8WC4erk 1. 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 A'� Brandt-t=tiey'Sen Notary Publi r Alaska My Commisdiefi Expires: U� FSTA�EO�' 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 K,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 68 of 115 AGENDA ITEM #10.E. 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 69 of 115 AGENDA ITEM #10.E. 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 70 of 115 AGENDA ITEM #10.E. 137 138 Exhibit B Kodiak Island Borough Finance Department i 1 n Atill Bay Road . Kod:;k, Al,, -s, 99615 Phu- (9)O) 496-9325. Fa !,9(YTj 486-9$Y2 sztmmc m;ui dlkodiakxk us October 28, 2024 City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Re: BnrnuSh Fareclmed Property within Viffy nf'Kndiak Limits Property Location: LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC SUBDIVISION amording to Plat 74_Q, 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, 101I8I2024 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 (fonnei 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 71 of 115 AGENDA ITEM #10.E. 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 87-43 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 72 of 115 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: Aimee Williams, Borough Manager RE: Manager's Report, October 2, 2025 Manager's Department UFA Request United Fisherman of Alaska are having their Fall 2025 board meeting in Kodiak on October 14th and 15th. There are two events that local government officials are invited to on October 14th - a Meet & Greet scheduled from 8:30AM — 9:30AM and an evening reception at the Afognak Native Corporation from 5:30PM — 8:30PM. KIB has also been asked to sponsor their evening reception on the same night. The sponsorship form is attached. Short Term Rental Software Mayor Arndt and I were able to catch the last part of the Deckard Technologies presentation to the City of Kodiak and Kodiak Island Borough. Both municipalities agree that it is worth the investment to see what this software could do for our region. We are preparing to sign a three year contract for the software Solid Waste Contract Committee At the meeting yesterday, we discussed a path forward for meeting the goal of having a contract awarded one year in advance of the current contract's expiration. Assembly Member Johnson and Smiley agreed that we would wait to name a chair until after the mayor assigns new committee assignments later this month. Prince William Sound Regional Citizen's Advisory Council Attended the annual workshop for the Information and Education Committee. I am the liason from the board that sits on this committee. Current Recruitments E/F — Director, Environmental Specialist, Landfill Manager, and General Laborer CDD - Code Enforcement Officer Page 73 of 115 AGENDA ITEM #11.A. Community Development Planning and Zoning Commission Work Session The Planning & Zoning Commission will hold a work session on October 8, 2025. The Commission will continue its discussion on short-term rental related definition and on the staff report format. The Commission will also have training related to a review of city planning history and a discussion on land use planning. The Commission will also review the packet for the October 15 regular meeting, which is the follow-up hearing on the parking variance for the Kodiak Maritime Museum. PLAN 2045 — Parks, Recreation, and Trails Open House The open house for Parks, Recreation, and Trails is scheduled for October 8 from 10 AM to 2 PM in the Assembly Chambers. The online trails survey is currently open and can be found at the PLAN 20245 webpage: https://www.kodiakak.us/759/Plan-2045. The survey will remain open until the end of October. Alaska Chapter of the American Planning Association Officer Election Chris French was elected as the Professional Development Officer (PDO) for the Alaska Chapter of the American Planning Association. The PDO assists members in maintaining certification maintenance and helps new planners and those that are preparing to take the American Institute of Certified Planners exam. Chris's term as PDO will begin on January 1, 2026. Assessing - Senior Citizen (SC) / Disabled Veteran (DV) Exemptions • Outstanding applications: 13 (11 SC and 2 DV) remain undetermined. Assessing will begin processing supplements in the new software Friday. • SC/DV Village trips with KANA for application filings have been scheduled for the week of Nov. 17th, with backup dates for the week of Dec. 1 st • In -town SC/DV application KANA coffee hour two Dec. 3rd and Dec. 101h • In -town SC/DV application at the Senior Center Nov. 19th, Dec. 19th and Jan. 13th Exemption Appeals The Alutiiq Heritage Foundation - Trial scheduled for July 27-29, 2026. Field Work • Assessing is working in 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 postponed and will be scheduled after this week. Tyler Conversion • Staff worked with Tyler staff this week while they were onsite. Page 74 of 115 AGENDA ITEM #11.A. Finance Department 2025 Property Taxes Wednesday, October 15tn is the next payment deadline for those wishing to make full payments, or for those who paid their first half payment after August 15tn Property Assessment and Taxation Implementation Project Staff received access to the production version on September 23rd and is working with Tyler staff on verifying financial data calculations and functions; dual entry for new and legacy system will continue through December. Finance, IT and assessing are completing a final review of the Property Access module — go -live for this module is expected to be mid -October. Information Technology This week, the IT Department is continuing to support the Tyler PACS migration and is working on updating Borough servers and systems. Cybersecurity and Risk Mitigation IT staff is evaluating RFP proposals submitted for the Alaska State and Local Cybersecurity Grant Program to upgrade Borough firewall and network systems. Network and Connectivity We are continuing to patch and update Borough systems and are working with Tyler to migrate our Propaccess public website, along with setting up property data downloads from Tyler systems for our GIS mapping website. Systems Administration IT is supporting the migration of PACS to the new Tyler system - assisting with new applications and systems that accompany Tyler's Assessing and Tax Enterprise software. GIS GIS is working with Community Development providing maps and other documents for the public for the upcoming October 8th Open House, and is also continuing to work with Tyler on the migration to the new Assessing websites and data. 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. NWFF and E&F staff have been working with ADEC to ensure that the closeout plan meets all necessary requirements. The draft report is due this Friday with the final revision anticipated by October 31 st. Page 75 of 115 AGENDA ITEM #11.A. KFRC Nodak Electrical replaced 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 is due December 12, 2026 • E&F issued a RFQ for the larger fence repairs, and Ricks General Services was the lowest quote at $21,500.00. Their work is anticipated to be complete by October 31. • The Alaska Department of Environmental Conservation conducted an inspection of the landfill and LTP on September 17, 2025. Results from this inspection by this Friday. • Community commercial hazardous waste event is underway! Chiniak School Painting • Primer inspection is complete, and the contractor has transitioned to final coatings. The 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 and Dark Lake was cleaned by September 29th. On October 1 st, we had our first load of illegally dumped waste. • Projects Office Stair Replacement: Work was completed September 23rd. Staff are awaiting Building Official's inspection report. • Mill Bay Stairs Replacement: Staff posted the Invitation to Bid September 25th. A mandatory pre -bid is scheduled for October 20th and bids are due November 4th. • 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. 4 Page 76 of 115 AGENDA ITEM #11.A. • 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 FY2027 Budget Items Al Cameras / Facial Recognition Attached to the Report Tonight UFA Sponsorship Form 5 Page 77 of 115 AGENDA ITEM #11.A. �s0, RMr50 0 A l'nited Fishermen of Alaska I 2025 Kodiak Fall Board Meeting Reception Tuesday, October I-l'a, 2025 rporE 4'S0. Sponsorship Opportunity In an ongoing effort to protect Alaska's fisheries and the seafood industry, UFA will be holding our fall board meeting in Kodiak, Alaska October 14'h —15'h, 2025. To celebrate, we are hosting an evening reception on Tuesday, October 141" from 5:30 — 8:30 pm at the Afognak Native Corporation on Near Island. This event will bring together seafood industry leaders, fishermen, processors, local government, elected officials, and marine businesses for an evening of seafood, conversation, auctions, and a raffle' To help make this event a success, we are inviting you to join us and become a sponsor UFA's ability to work effectively on issues is directly linked to the support we receive from our members and friends. Sponsorship of this high -profile event not only ensures a memorable night, but also publicly underscores your support of UFA's broad -based efforts to enhance Alaska's economy and our fishing future. Sponsorship levels & Options Diamond $750 • Diamund level spunsurs receive pren►iu►n spor►surship recognition prior to & during the event, and at the UFA board meeting Gold $500 • Gold level sponsors receive elevated sponsorship recognition prior to & during the event, and at the UFA board meeting Silver $250 ♦ Silver level sponsors receive sponsorship recognition prior to & during the event, and at the UFA board meeting Supporter/Individual $100 ♦ SupporteNlndividual sponsors level sponsors receive sponsorship recognition during the event Silent Auction ♦ Donate a silent auction item to support the rarrsP► Business or Individual Name: Contact Name: Phone/Email: Silent Auction Item & Value: Secure your sponsorship or reach out for additional opportunities today! Return form to directorOufa-fish. ora Credit card payments can be made at https://www.ufafish.org/donate/ United Fishermen of Alaska PO Box 20229 - Juneau, Alaska 99802-0229 907-586-2820 - Email: director@ufa-fish.org Website: www.ufafish.org 0 Page 78 of 115 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 2, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of USS 2539 LT 1 Remainder Womens Bay ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to approve Resolution No. FY2026-06. DISCUSSION: This action requests consideration for disposing of a parcel of borough land commonly known as the Kodiak Fairgrounds. The fairgrounds property has been under a 55-year lease that was assumed by the borough from the State of Alaska when the property ownership was transferred. The original lease is expiring on November 3, 2025, and the lessee, Kodiak Rodeo and State Fair, Inc., has requested a new lease. To enter into a new lease, Borough Code 18.20.030requires consideration of the disposal of the land via lease by the Planning and Zoning Commission and, if approved, consideration by the Assembly. A vote in favor of this resolution approves the disposal of the land and directs the Manager to negotiate a lease. ALTERNATIVES: Fail to approve, postpone or amend the resolution. FISCAL IMPACT: OTHER INFORMATION: KIBC 18.20.030 Kodiak Island Borough Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 79 of 115 AGENDA ITEM #14.B.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 RESOLUTION NO. FY2026-06 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING DISPOSAL BY LEASE OF A PORTION OF USS 2539 LT 1 REMAINDER WOMENS BAY WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires review of each disposal of borough land by the planning and zoning commission before submission to the assembly; and WHEREAS, the code requires that the planning and zoning commission, by resolution, shall make a recommendation to the assembly regarding the proposed land disposal referenced; and WHEREAS, the planning and zoning commission has reviewed and recommended approval of this disposal via their resolution number 2026-07; and WHEREAS, the code states that borough land disposal not subject to approval by ordinance are subject to approval by resolution; and WHEREAS, the Kodiak Island Borough assumed management of USS 2539 LT 1 REMAINDER WOMENS BAY and a long-term lease of a tract of the land consisting of approximately 73 acres within this parcel from the State of Alaska; and WHEREAS, the tract of leased land is commonly known as the Kodiak Fairgrounds; and WHEREAS, the 55-year lease assumed by the Kodiak Island Borough expires on November 3, 2025; and WHEREAS, the lessee, Kodiak Rodeo and State Fair, Inc., has requested continued occupation of this tract of land; and WHEREAS, the code allows for the disposal by lease for up to twenty-five (25) years to a nonprofit corporation at a reasonable rental rate, taking into account the purpose for which the real property is to be used. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that disposal by lease of a portion of USS 2539 LT 1 REMAINDER WOMENS BAY, commonly known as the Kodak Fairgrounds is authorized; and BE IT FURTHER RESOLVED that the Borough Manager or her designee is directed to enter into lease negotiations with Kodiak Rodeo and State Fair, Inc., a nonprofit corporation, for a term not to exceed 25 years, at a reasonable rental rate taking into consideration the purpose for which the real property is to be used (KIBC 28.40.020(B)). Resolution No. FY2026-06 Page 1 of 2 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 80 of 115 AGENDA ITEM #14.B.1. 44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 45 THIS DAY OF , 2025 46 47 KODIAK ISLAND BOROUGH 48 49 ATTEST: 50 51 Scott Arndt, Borough Mayor 52 Nova M. Javier, MMC, Borough Clerk 53 54 VOTES: 55 Ayes: 56 Noes: Resolution No. FY2026-06 Page 2 of 2 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 81 of 115 x m U) O c 0 z O v m 00 N O Kodiak Fairgrounds Property 1:14,011 O 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km 5" 1 Maxar AGENDA ITEM #14.B.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us September 18, 2025 Meagan Christiansen, KIB Resource Management Office Kodiak Island Borough 710 Mill Bay Road Kodiak, AK, 99615 Greetings, RE: Case 26-003. Request: A Title 18 Land Disposal for Lease of Fairgrounds. At their meeting on September 17, 2025, the Kodiak Island Borough Planning and Zoning Commission voted unanimously to adopt Planning and Zoning Commission Resolution FY 2026-007 recommending disposal for future land sale and to adopt the findings of fact listed within Resolution FY2026-007. CONDITIONS OF APPROVAL 1. None. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. Kodiak Island Borough Community Development Department Resolution FY2026-007. Per KIBC 18.20.030, this resolution will now move forward to the Kodiak Island Borough Assembly for review. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at (907) 486-9366. Best Regards, Hailee Wallace Secretary III Community Development Department Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 83 of 115 AGENDA ITEM #14.B.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 PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2026-007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RECOMMENDING DISPOSAL OF A PORTION OF USS 2539 LT 1 REMAINDER WOMENS BAY WHEREAS, the Kodiak Island Borough Manager's Office is requesting disposal, by lease, of a portion of USS 2539 LT 1 REMAINDER WOMENS BAY (Exhibit A) to the Kodiak Rodeo and State Fair, Inc.; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the land identified for disposal has been leased to Kodiak Rodeo and State Fair, Inc. for the specific purpose of operating fair and rodeo programs and related activities for the past fifty-five (55) years; and WHEREAS, the Planning & Zoning Commission has found that, following review, it would be to the benefit of the public to dispose of the identified property by lease; and WHEREAS, the Planning & Zoning Commission held a public hearing on September 17, 2025 to consider this land disposal request. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FINDINGS, IT IS RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of a portion of USS 2539 LT 1 REMAINDER WOMENS BAY (Exhibit A). Section 2: 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 September 17, 2025, that the aforementioned property is hereby surplus to the public's need. Planning & Zoning Commission Resolution No. FY2026- Page 1 of 3 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 84 of 115 AGENDA ITEM #14.B.1. 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 87 88 Section 3: The Planning & Zoning Commission bases its decision on the following findings: A. The Borough has owned this parcel for several years and the property has been previously leased to the Kodiak Rodeo and State Fair Incorporated. B. Disposal by lease of this parcel satisfies a public need for recreational activities within the community. C. This request supports recreational goals and policies within the 2008 comprehensive plan. D. Based on the review of the comprehensive plan, including the future land use map, this property is not needed for a public purpose. Section 4: The aforementioned property should be disposed of by lease to Kodiak Rodeo and State Fair. Inc. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 17th DAY OF September, 2025 KODIAK ISLAND BOROUGH Chairperson VOTES: Ayes: Noes: Planning & Zoning Commission Resolution No. FY2026- ATTES : Hailee Wallace, Secretary III Page 2 of 3 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 85 of 115 AGENDA ITEM #14.B.1. Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 86 of 115 AGENDA ITEM #14.B.1. DRAFT GROUND LEASE As authorized by Resolution No. of the Kodiak Island Borough, this Ground Lease (Lease) is made and executed on November 4, 2025, by and between Kodiak Island Borough (KIB), a municipal corporation, of 710 Mill Bay Road, Kodiak, Alaska 99615, (Landlord), and Kodiak Rodeo and State Fair, Inc. (KRSF), a nonprofit corporation organized and existing under the laws of the State of Alaska, of Post Office Box 507, Kodiak, Alaska 99615, (Tenant). Collectively Landlord and Tenant may be referred to as the Parties. RECITALS A. WHEREAS, the KRSF, and its predecessor the Kodiak Jaycees, are the Tenant for lease of a 73- acre portion of USS 5329 Lt 1 Remainder Womens Bay located at 10102 West Rezanof Drive in Kodiak, Alaska, under a 55-year lease originally entered into with the State of Alaska in 1970; and B. WHEREAS, the KIB received patent to the land from the State of Alaska in 1984, and has been the Landlord under the pre-existing lease since that time; and C. WHEREAS, the current long-term lease of this property expires November 3, 2025; and D. WHEREAS, Tenant desires to continue to lease the property, and a new lease is required for Tenant to continue occupation of this property; and E. WHEREAS, the Parties desire to enter into a replacement lease continuing the tenancy; and F. WHEREAS, Kodiak Island Borough Code (KIBC) 18.40.020 permits the KIB to, upon approval by Resolution of the Assembly, enter into a negotiated lease for a period not to exceed twenty-five (25) years to a qualified nonprofit corporation tenant for a reasonable rental rate taking into consideration the purpose for which the real property is to be used; and G. WHEREAS, the Tenant has provided the information required by KIBC 18.40.020(C) for a negotiated lease. NOW THEREFORE, the Parties hereto covenant and agree as follows: I. Demise, Description and Use of Premises. Landlord leases to Tenant and Tenant takes from Landlord, the surface estate of those certain premises, situated in the Kodiak Island Borough, Alaska, depicted on Appendix A and more particularly described as follows: A tract of land in U.S. Survey 2539 Lt 1 Remainder Womens Bay, beginning at the triangulation monument Hill "A"; thence S70°14'35"E, 2600.00' along the northerly boundary of NAVY Tract 2 to corner 2 of said tract, thence N20°00'00"E, 2100.00'; thence N70°14'35"W, 300.00'; thence S67°28'12"W, 3121.05' more or less to the point of beginning. Containing 73 acres more or less. Located in Township 28 South, Range 20 West, Seward Meridian. As used herein, the term "Premises" refers to the surface estate of this real property and to any improvements located on it from time to time during the term of this Lease. Tenant acknowledges that Landlord has no ownership or other interest in the sub -surface estate of the Premises. This is a commercial land lease and not a residential lease. This lease is not subject to the Alaska Uniform Landlord Tenant Act (AS Chapter 34.03). Tenant's use of the Premises shall be limited to the purpose of operating a rodeo and state fair program, which may include activities such as: equine boarding, community gardens, competitions, exhibitions, educational programs and events, festivals, concerts, and GROUND LEASE - KRSF Fairgrounds Lease — Page 1 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 87 of 115 AGENDA ITEM #14.B.1. DRAFT other community gathering events. Additionally, Tenant may use the existing one -quarter mile dirt oval racetrack on the Premises for motorized vehicles even though that activity is not a typical fairground activity but is a customary past use of this site. Landlord understands that Tenant plans to add a caretaker residence to the Premises and that Tenant may desire to use the Premises for other purposes regularly or intermittently. All use of this premises must be in conformance with Kodiak Island Borough Conservation District zoning code and before using the Premises for any other purposes than stated above, Tenant must obtain the express written consent from Landlord for such use. Landlord agrees not to unreasonably withhold its consent provided the goal of this Lease is promoted by the proposed additional uses. II. Term. A. The term of this Lease shall be for twenty-five (25) years, commencing on November 4, 2025, and ending on November 3, 2050. As used herein, the expression "term hereof' refers to such initial term and to any renewal of it as provided in this Lease. B. The Parties may mutually agree to earlier termination of this Lease at any time. C. Emergency termination. The Landlord reserves the right in case of emergency to immediately terminate this Lease and take possession of the Premises. If the Landlord exercises this right, it accepts responsibility for any obligations under grants requiring Tenant's continued use of the Premises for the remainder of the current lease term. In addition, Tenant will not be required to return the Premises to its original condition if the Landlord exercises this right. III. Rent. Subject to adjustment as provided below, the rent for the term of this Lease shall be Five Hundred Dollars and 00/100 ($500.00) per year, payable in advance, on or before November 4th, each year, plus any expenses identified in this Lease as Additional Rent, as defined below. The Parties also acknowledge the value of Tenant's in -kind contributions as additional consideration for this Lease. The annual rent due shall be reviewed and may be adjusted by the KIB Manager at the end of every five-year interval or whenever the agreement is amended. Any changes or adjustments shall be based upon changes in the appraised fair market value of the land and improvements being leased, excluding landfill and other improvements placed upon the land by Tenant as well as the value of Tenant's in -kind contributions, however in accordance with Kodiak Island Borough Code 18.40.020(B), the amount will remain "at a reasonable rental rate taking into consideration the purpose for which the real property is to be used." If the Lease is terminated because of any breach by Tenant, as provided in this Lease, the rental payment last made by Tenant shall be forfeited and retained by Landlord as partial or total damages for the breach. IV. Uses Prohibited. Tenant shall not use, or permit the Premises, or any part of the Premises, to be used, for any purpose other than the purpose or purposes for which the Premises are leased. If the Premises are devoted to a use other than that for which they are leased without written consent of the Landlord, this Lease automatically terminates. Tenant shall also comply with and abide by all federal, state, borough, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Premises, the improvements or any activity or condition on or in the Premises. V. Waste and Nuisance Prohibited. GROUND LEASE - KRSF Fairgrounds Lease — Page 2 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 88 of 115 AGENDA ITEM #14.B.1. DRAFT A. During the term of this Lease, Tenant shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on Landlord or forfeiture of Landlord's title to the Premises. Tenant shall not commit, or suffer to commit, any waste on the Premises, or any nuisance. B. Hazardous Substances. Tenant may use or otherwise handle only those Hazardous Substances, as defined by State Law (AS 46.08.900), typically used or handled in the prudent and safe operation of the permitted use allowed under this Lease. Tenant shall refrain from causing Hazardous Substances to be spilled, leaked, disposed of, or otherwise released on or under the property. Tenant may store such Hazardous Substances on the property only in quantities necessary to satisfy Tenant's reasonably anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the property. Should any on -site activities require a Storm Water Pollution Prevention Plan (SWPPP), KIB shall be provided a copy of the Alaska Department of Environmental Conservation approved plan. C. Other Waste. Depositing, maintaining, or permitting to be maintained or to accumulate any household wastewater, sewage, garbage, or other waste is prohibited. Tenant is responsible for treatment and disposal of all waste, sewage, garbage, or other waste, in compliance with ADEC requirements. Use of a pit privy is not permitted. Manure management shall be in accordance with State of Alaska, Division of Environmental Health, Solid Waste Program guidelines. VI. Abandonment of Premises. Tenant shall not vacate or abandon the Premises at any time during the term hereof; if Tenant shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord. VII. Landlord's Right of Entry. Tenant shall permit Landlord and the agents and employees of Landlord to enter into and upon the demised Premises at all reasonable times for the purpose of inspecting the same, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Vill. Use of Material. Tenant shall not sell or remove for use of the Premises any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or other commercial purposes, provided, however, that material may be used only to the extent that Landlord could use, if required, for the development of the leasehold. Any removal of such material from the leasehold shall require written approval from the KIB Manager and, for instances involving a commercial quantity, the market value shall be paid to the Landlord or to the owner of the subsurface rights, as the case may be. IX. Subletting and Assignment. Tenant shall not sublet or assign or transfer this Lease, or any interest in it, without the prior written consent of the KIB Manager, and a consent to an assignment or sublease shall not be deemed to be a consent to any subsequent assignment or sublease. Any such assignment or sublease without such consent shall be void, and shall, at the option of Landlord, terminate this Lease. Neither this Lease nor the leasehold estate of Tenant nor any interest of Tenant hereunder in the Premises or any building or improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted GROUND LEASE - KRSF Fairgrounds Lease — Page 3 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 89 of 115 AGENDA ITEM #14.B.1. DRAFT involuntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of Landlord, terminate this Lease. Provided, however, that the Tenant may continue to assign or sublet rights to use the racetrack located on this property to the nonprofit corporation Kodiak Island Racing Association, Inc., (KIRA) so long as that entity agrees to comply with all terms of this Lease. Use of the property by KIRA does not relieve Tenant of responsibility to comply with all terms of this Lease, and Tenant remains responsible for KIRA's compliance with all terms of this Lease. X. Notices. All notices, demands, or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party hereto the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: To Landlord: Kodiak Island Borough Attention: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 To Tenant: Kodiak Rodeo & State Fair, Inc. Attention: President Post Office Box 507 Kodiak, Alaska 99615 XI. Taxes and Assessments. A. Taxes as Additional Rental. As additional rental hereunder, Tenant shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, or excises, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge on or against the Premises, or any part of the Premises, the leasehold of Tenant herein, any building or buildings, or any other improvements now or hereafter thereon, or on or against Tenant's estate hereby created which may be a subject of taxation, or on or against Landlord by reason if its ownership of the surface estate underlying this Lease, during the entire term hereof, excepting only those taxes hereinafter specifically excepted. B. Contesting Taxes. If Tenant shall in good faith desire to contest the validity or amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by Tenant, Tenant shall be permitted to do so, and to defer payment of such tax or charge, the validity or amount of which Tenant is so contesting, until final determination of the contest, on giving to LANDLORD written notice thereof prior to the commencement of any such contest, which shall be at least thirty (30) days prior to delinquency. C. Disposition of Rebates. All rebates on account of such taxes, rates, levies, charges, or assessments required to be paid and paid by Tenant under the provisions hereof shall belong to Tenant, and Landlord will, on the request of Tenant, execute any receipts, assignments, or other acquittances that may be necessary in the Premises in order to secure the recovery of any such rebates, and will pay over to Tenant any such rebates that may be received by Landlord. GROUND LEASE - KRSF Fairgrounds Lease — Page 4 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 90 of 115 AGENDA ITEM #14.B.1. DRAFT D. Receipts. Tenant shall obtain and deliver receipts or duplicate receipts for all taxes, assessments, and other items required hereunder to be paid by Tenant, promptly on payment thereof. XII. Construction of Buildings and Other Improvements. Prior to constructing, altering, improving, charging or placing any buildings or improvements on the Premises, Tenant shall, at Tenant's sole expense, prepare plans and specifications describing the proposed work. Such plans and specifications shall be submitted to Landlord for Landlord's written approval or any revisions required by Landlord. Landlord shall not unreasonably withhold such approval. In the document approving the plans and specifications, Landlord shall specify the time within which work is to commence and the time within which the work is to be completed. In the event Landlord does not approve the plans and specifications, Landlord shall give to Tenant an itemized statement of reasons. For purposes of the paragraph the term "buildings and improvements" includes, by example and not limitation, buildings to be moved to or erected on the Premises which shall provide for and support the uses described herein. Tenant shall be responsible for compliance with any applicable laws and to obtain any permits required for work under this section. XIII. Repairs of Improvements. A. Tenant acknowledges that it will have the possession of the Premises and will be in the best position to assure that the Premises and improvements are well maintained. Therefore, Tenant shall, throughout the terms of this Lease, keep and maintain the Premises, including all buildings and improvements of every kind which may be on the Premises, and all appurtenances to those buildings and improvements, including adjacent sidewalks, in good, sanitary, and neat order, condition and repair, and, except as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever except damage caused by Landlord's agents while exercising Landlord's right of entry (Paragraph VII, above) and right of way (Paragraph XXVI, below). While Tenant is a nonprofit volunteer organization, it is expected to use the Premises in such a manner to generate adequate revenue to provide funds for routine maintenance. B. Landlord shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the Premises, except damage caused by Landlord's agents while exercising Landlord's right of entry (Paragraph VII, above) and right of way (Paragraph XXVI, below). XIV. Utilities. Tenant shall fully and promptly pay for all water, gas, heat, light, power, and other public utilities of every kind furnished to the Premises throughout the term of this Lease, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, and Landlord shall have no responsibility of any kind for any of these costs or expenses. XV. Liens. Tenant shall keep all and every part of the Premises and all buildings and other improvements at any time located on the Premises free and clear of any and all mechanics', materialmen's, and other liens for or arising out of or in connection with: 1. work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Tenant; or 2. any alteration, improvement, or repairs or additions which Tenant may make or permit or cause to be made, or any work or construction, by, for, or permitted by Tenant on or about the Premises; or GROUND LEASE - KRSF Fairgrounds Lease — Page 5 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 91 of 115 AGENDA ITEM #14.B.1. DRAFT 3. any obligations of any kind incurred by Tenant. Tenant shall, at all times, promptly and fully pay and discharge any and all claims on which any lien may or could be based, and to indemnify Landlord and all of the Premises and all buildings and improvements on the Premises against all such liens and claims of liens and suits or other proceedings. XVI. Indemnification of Landlord. Landlord shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person whosoever may at any time be using or occupying or visiting the demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Tenant or of any occupant, Subtenant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Tenant shall defend and indemnify Landlord against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage except loss, injury, death or damage caused by right of way (Paragraph XXVI, below). Tenant hereby waives all claims against Landlord for damages to the building and improvements that are now on or hereafter placed or built on the Premises and to the property of Tenant in, on, or about the Premises, and for injuries to persons or property in or about the Premises, for any cause arising at any time except loss, injury, death or damage caused by Landlord's agents while exercising Landlord's right of entry (Paragraph VII, above) and right of way (Paragraph XXVI, below). XVII. Attorneys' Fees. If any action at law or in equity shall be brought for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the demised Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs a reasonable attorneys' fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XVIII. Redelivery of Premises. Tenant shall pay all sums required to be paid by Tenant hereunder in the amounts, at the times, and in the manner provided in this Lease, and shall keep and perform all the terms and conditions of this Lease on its part to be kept and performed, and, at the expiration or sooner termination of this Lease, peaceably and quietly quit and surrender to Landlord the Premises in good order and condition subject to the other provisions of this Lease. In the event of the non-performance by Tenant, of any of the covenants of Tenant undertaken herein, this Lease may be terminated as herein provided. XIX. Remedies Cumulative. All remedies hereinbefore and hereafter conferred on Landlord shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. XX. Insurance. A. Insurance Coverage of Premises. Tenant shall, at all times during the term of this Lease and at Tenant's sole expense, keep all improvements which are now or hereafter a part of the Premises insured against loss or damage by fire and extended coverage hazards for one hundred percent (100%) of the full replacement value of such improvements, with loss payable to Landlord and Tenant as their interests may appear. Any loss adjustment shall require the written consent of both Landlord and Tenant. B. General Liability Insurance. Tenant shall maintain in effect throughout the term of this Lease liability insurance covering the Premises and its appurtenances in the amount of Two Million Dollars and 00/100 ($2,000,000.00) for injury to or death of any person or persons in one occurrence, and property GROUND LEASE - KRSF Fairgrounds Lease — Page 6 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 92 of 115 AGENDA ITEM #14.B.1. DRAFT damage liability insurance in the amount of One Million Dollars and 00/100 ($1,000,000.00). Such insurance shall specifically insure Tenant against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Landlord and Tenant but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Landlord and Tenant. C. Cost of Insurance Deemed Additional Rental. The cost of insurance required to be carried by Tenant in this section shall be deemed to be Additional Rent hereunder. XXI. Prohibition of Involuntary Assignment; Effect of Bankruptcy, or Insolvency. A. Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate of Tenant nor any interest of Tenant hereunder in the Premises or in the buildings or improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever (except through statutory merger or consolidation, or devise) and any such attempt at involuntary assignment, transfer, or sale shall be void and of no effect. B. Effect of Bankruptcy. Without limiting the generality of the provisions of the preceding sub- section (A) of this Section XXI, Tenant agrees that in the event any proceedings under the Bankruptcy Act or any amendment thereto be commenced by or against tenant, and, if against Tenant, such proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in the event Tenant is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which Tenant is a party, with authority to take possession or control of the Premises or the business conducted thereon by Tenant, and such receiver is not discharged within a period of thirty (30) days after his appointment, any such event or any involuntary assignment prohibited by the provisions of the preceding sub -section (A) of this section shall be deemed to constitute a breach of this Lease by Tenant and shall, at the election of Landlord, but not otherwise, without notice or entry or other action of Landlord terminate this Lease and also all rights of Tenant under this Lease and in and to the Premises and also all rights of any and all persons claiming under Tenant. XXII. Notice of Default. A. Major Defaults. The obligations and responsibilities of Tenant as described in Paragraphs VIII (Use of Material), XX (Insurance), and XXI (Prohibition of Involuntary Assignment; Effect of Bankruptcy or Insolvency) of this Lease are of major importance to Landlord. Tenant shall be in default of its obligations under this Lease if any of the events required by or prohibited by those paragraphs. Prior to exercising its remedies as described in Paragraph XXIII, Landlord shall first give to Tenant five (5) days' written notice of the default. If Tenant does not cure the default, Landlord may proceed with its remedies as described in Paragraph XXIII. B. Default in Payments. Tenant shall be in default of its obligations under this Lease if it fails to pay rent or any other moneys as required by this Lease. Prior to exercising its remedies as described in Paragraph XXIII, Landlord shall first give to Tenant thirty (30) days' written notice of the default. Tenant must cure the default within those thirty (30) days. If Tenant does not cure the default, Landlord may proceed with its remedies as described in Paragraph XXIII. C. Other Defaults. Tenant shall not be deemed to be in default of any of its other obligations under this Lease unless Landlord shall first give to Tenant sixty (60) days' written notice of such default, and Tenant fails to cure such default within such sixty-day period. If Tenant does not then cure the default, Landlord may proceed with remedies as described in Paragraph XXIII. If the default is of such a nature that it cannot be cured within sixty (60) days, Tenant must commence to cure the default within such period of sixty (60) days and provide Landlord in writing, during the original sixty (60) day notice period, with the date by which default will be cured. If Tenant does not cure the default by that date, Landlord may proceed with its remedies as described in Paragraph XXIII. XXIII. Landlord's Remedies upon Tenant's Default. GROUND LEASE - KRSF Fairgrounds Lease — Page 7 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 93 of 115 AGENDA ITEM #14.B.1. DRAFT A. Re-entry. Subject to the notice requirements of Paragraph XXII, in the event of any default or breach of this Lease by Tenant, Landlord, in addition to the other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or it may from time to time, without terminating this Lease, re -let the Premises or any part of the Premises for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and on such other terms and conditions as Landlord in the sole discretion of Landlord may deem advisable with the right to make alterations and repairs to the Premises. B. Right to Perform. Alternatively, in the event of any default or breach of this Lease by Tenant and Tenant's failure to cure as required by Paragraph XXII, then Landlord may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the Premises for such purposes, if Landlord shall so elect), and Landlord shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to Tenant on account thereof, and Tenant shall repay to Landlord on demand the entire expense thereof, including compensation to the agents and employees of Landlord. Any act or thing done by Landlord pursuant to the provisions of this section shall not be or be construed as a waiver of any such default by Tenant, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right or remedy of Landlord, under this Lease, or otherwise. C. Interest. All amounts payable by Tenant to Landlord under any of the provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest from the date they become due until paid at the rate of 10.5 percent per annum (10.5%), compounded annually. XXIV. Surrender of Lease. Upon termination of the Lease, the Tenant shall peaceable and quietly leave, surrender, and yield up unto Landlord all of the demised Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation of the Lease, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. XXV. Disposition of Improvements on Termination of Lease. A. If the expiring leasehold is not to be re -offered for Lease, the following schedule shall apply: 1. Subject to Paragraph XXIII(A), improvements owned by the Tenant shall, within ninety (90) calendar days after the termination of the Lease, be removed by Tenant, provided such removal will not cause injury or damage to the Premises or improvements, and further provided that the KIB Manager may extend the time for removing such improvements in cases where hardship is proven. All periods of time granted to Tenant to remove improvements are subject to Tenant's paying to the Landlord pro rata lease rentals for the period. 2. If any improvements or chattels not owned by Tenant which have an appraised value in excess of five thousand dollars, as determined by the Landlord assessor or appraiser, are not removed within the time allowed, such improvements or chattels shall, upon thirty (30) days' notice to Tenant, be sold at public sale under the direction of the KIB Manager. The proceeds of the sale shall inure to the Tenant if it placed the improvements or chattels on the Premises, after deducting for Landlord's rents due and owing, expenses incurred in making such sale and any other sums owed to Landlord under this Lease. If no responsible bids are received, title to such improvements or chattels shall vest in the Landlord. 3. If any improvements or chattels having an appraised value of Five Thousand Dollars and 00/100 ($5,000.00) or less, as determined by the KIB assessor or appraiser, are not removed GROUND LEASE - KRSF Fairgrounds Lease — Page 8 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 94 of 115 AGENDA ITEM #14.B.1. DRAFT within the time allowed, such improvements and chattels shall revert to, and absolute title shall vest in, the Landlord. B. If the expiring leasehold is to be re -offered for lease or sale within one year of the Lease termination, and the improvements have been allowed to remain in place, Landlord shall state when re- offering the real property: 1. The estimated value of the authorized improvements remaining on the land placed there by Tenant. 2. That the purchaser or new Tenant will be required, as a condition of the sale or lease, to purchase the improvements from Tenant for an amount equal to the value specified. XXVI. Right -Of -Way. Landlord expressly reserves the right to reasonable ingress or egress over and across the demised Premises for the purposes of construction, repairing, maintaining, or replacing any utility or road right-of- way which Landlord is authorized to construct or maintain and to grant to itself reasonable easements over and through the demised Premises for these purposes. Annual rentals may be adjusted to compensate Tenant for loss of use of the demised Premises. Landlord agrees to coordinate with Tenant to minimize the disruption to Tenant's use and enjoyment of the Premises. This includes co -locating any roads with the road utilized by Tenant. To prevent the disruption in any of Tenant's scheduled events, Tenant will provide Landlord with a schedule of events on a quarterly basis. Landlord agrees that is will not make or allow the use to be made of any rights -of -way during a Tenant scheduled event, except in an emergency situation. Landlord reserves the right to grant easements or rights -of -way over and across leased land if it is determined in the best interest of the Landlord to do so. If Landlord grants an easement or right-of-way across any of the Premises, Tenant shall be entitled to damages for all Tenant -owned improvements destroyed or damaged. Damages shall be limited to improvements only, and loss shall be determined by fair market value. Annual rentals may be adjusted to compensate Tenant for loss of use of the Premises. XXVII. Waiver. The waiver by either party of, or the failure of either party to take action with respect to any breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant or Landlord of any term, covenant, or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. The subsequent payment of rent hereunder by Tenant shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant, or condition of this Lease regardless of Tenant's knowledge of such preceding breach at the time of payment of such rent. XXVIII. Parties Bound. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the successors, administrators, and assigns of all of the Parties hereto; and all of the Parties hereto shall be jointly and severally liable hereunder. XXIX. Time of the Essence. Time is of the essence of this Lease, and of each and every covenant, term, condition and provision hereof. XXX. Captions. GROUND LEASE - KRSF Fairgrounds Lease — Page 9 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 95 of 115 AGENDA ITEM #14.B.1. DRAFT The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. XXXI. Condition of Premises. Tenant acknowledges that it has inspected the Premises and is fully satisfied with the physical condition of such Premises and any fixtures and improvements located on the Premises. The Premises are provided "AS -IS" without any representation as to their suitability for Tenant's purposes or for any purposes. Tenant takes the Premises at its own risk. XXXII. Quiet Enjoyment. If Tenant is not in default under this Lease, Tenant may peacefully enjoy the Premises during the term of this Lease. XXXIII. Enforceability. If any part of this Lease is deemed invalid or unenforceable, the balance of this Lease shall remain effective, absent the unenforceable provision. XXXIV. Amendment. No change in this Lease shall be effective unless it is in writing and signed by both Landlord and Tenant. XXXV. Governing Law. The laws of the State of Alaska shall govern the interpretation, validity, performance and enforcement of this Lease. Venue for any action under this Lease shall be in the Third Judicial District at Kodiak, Alaska. IN WITNESS WHEREOF, the Parties have executed this Lease at Kodiak, Alaska on the day and year first above written. LANDLORD Kodiak Island Borough Aimee Williams, Borough Manager ATTEST Nova Javier MMC, Borough Clerk TENANT Kodiak Rodeo and State Fair, Inc. Name: President ACKNOWLEDGMENT GROUND LEASE - KRSF Fairgrounds Lease — Page 10 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 96 of 115 AGENDA ITEM #14.B.1. DRAFT STATE OF ALASKA ) )ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the _ day of , 2025, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Aimee Williams, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as Manager of the Kodiak Island Borough and he acknowledged to me that she signed the same in the name of and for and on behalf of said municipality, freely and voluntarily and by authority of its Assembly for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year first above written. Notary Public for Alaska My Commission Expires: ACKNOWLEDGMENT STATE OF ALASKA ) )ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the _ day of , 2025, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as President of Kodiak Rodeo and State Fair, Inc. and they acknowledged to me that the same was signed in the name of and for and on behalf of said corporation, freely and voluntarily and by authority of its Board of Directors for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year first above written. Notary Public for State of Alaska My Commission Expires: GROUND LEASE - KRSF Fairgrounds Lease — Page 11 of 11 Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of ... Page 97 of 115 AGENDA ITEM #18.A. The Cook Inlet Regional Citizens Advisory Council held its regular meeting September 5th in Seldovia. Todd Paxton, General Manager of Cook Inlet Spill Response, Inc. (CISPRI) updated the Council on his organization's most recent operations, including supporting the response to the Morning Midas incident south of Adak Island in June of this year. Under new branding that will be rolled out at the beginning of 2026, CISPRI will continue to seek new opportunities beyond Cook Inlet to support response efforts and provide assistance with oil spill compliance. We support CISPRI's efforts to ensure its ability to respond to incidents in CIRCAC's area of responsibility as the dynamics of Cook Inlet's oil industry continue to change. Todd Duke, General Manager of Compliance Services for Resolve Marine detailed his experience working on the salvage response to the M/V Dali. That cargo tanker collided with the Frances Scott Key Bridge in Baltimore in March of 2024. Mr. Duke highlighted the extensive environmental, safety, and logistical challenges involved in that operation, for which he served as a key stakeholder for the Unified Command. The Council appreciates these firsthand accounts of notable response events. Homer Harbormaster Brian Hawkins gave an update on the proposed expansion project at the Homer Harbor. With a primary focus on navigational improvements, Hawkins reported that the city is currently nearing the end of Alternative Evaluation and Analysis phase of the project. While final cost estimates are not yet available, Hawkins noted that recent policy changes within the US Army Corps of Engineers (USACE) include a 35% contribution from the local level for the future design phase. Ultimately, the project will accommodate increased demand for moorage at the harbor, which currently has nearly 400 small and medium vessels on a waitlist; a growing commercial fishing fleet; and increasing vessel sizes. The next step for project is the release of a draft report, expected in the first quarter of 2026. We also received updates from several Ex-Officio members, including Capt. Christopher Culpepper, Commander, Sector Western Alaska and US Arctic, United States Coast Guard. Capt. Culpepper noted timelines for expected deliveries of new vessels with ice breaking capability and the commissioning of the first of three new, 154-foot Fast Response Cutters (FRCs), to be homeported in Kodiak. Our next meeting is scheduled for December 5th in Anchorage. Cook Inlet Regional Citizens Advisory Council Update From Mayor Scott Ar... Page 98 of 115 AGENDA ITEM #18.B. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 15, 2025 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda as submitted. APPROVED: Motion to approve the consent Agenda to include: • Approval of the Special Meeting Minutes of September 2, 2025, and Regular Meeting Minutes of August 18, 2025. • Acknowledge receipt of the Advisory School Board Minutes as submitted. • Approve the 2025-2026 Facility Joint Use Agreements, as submitted. • Approve the Broadbrand Assistance Grant in the amount of $647,028.00, Fresh Fruits and Vegetable 1st Qtr Grant in the amount of $9,140.63, and the Migrant Supplemental Grant in the amount of $18,100.00 as presented. • Approve the list of potential health presenters as presented. • Approve the sale of four (4) fire -safe filing cabinets from the asset list. APPROVED: Motion to adopt Board Policies BP 0420, BP 4000, BP 4020, BP 4111, BP 4111.2, BP 4112.4, BP 4112.10, BP 4112.61, and BP 4115 in second reading, as presented. APPROVED: Motion to revise Board Policies BP 4118, BP 4119.41, BP 4131, BP 4132, BP 4218, and BP 4313.1 in first reading, as presented, and forward the policies to the October 20, 2025, Regular Meeting for a second reading and public hearing. APPROVED: Motion to approve the FY26 Pupil Transportation Budget in the amount of $2,143,422.20 as presented. APPROVED: Motion to approve the FY26 Child Nutrition Budget in the amount of $1,439,134.85 as presented. APPROVED: Motion to acknowledge the receipt of the August Report of Revenues and Expenditures, with Year -to -Date General Fund Revenues in the amount of $0.00 and Year -to -Date General Fund Expenditures in the amount of $1,320,639.93. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 99 of 115 AGENDA ITEM #18.B. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting July 16, 2025 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on July 16, 2025, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Christopher French and Community Development Secretary III Hailee Wallace. CALL TO ORDER Meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present were Cort Neff, Craig Dagen, Tracy Craig, Athenas Williamson, Nicholas Mangini. Dagen moved to excuse those who are absent from the July 16, 2025 Regular Meeting. Williamson seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF AGENDA Athenas moved to approve the July 16, 2025, agenda. _ Dagen seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Dagen moved to approve May 21, 2025 Regular Meeting Minutes. Mangini seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZENS' COMMENTS • Sandra West PUBLIC HEARING Case No. 25-008 - Request Variance on parking to allow three (3) onsite parking spaces, varying two (2) parking spaces off site. Motion open on the floor "to approve Resolution FY2025-04A for Case 25-008" Recommended motion: "I move to amend the original motion to postpone the case until the Regular Meeting of September 17th, 2025." Kodiak Island Borough Planning and Zoning Commission Regular July 16, 2025 Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 100 of 115 Magnini moved to postpone the request variance on parking to the September 17, 2025, Regular meeting Dagen seconds motion. ROLL CALL VOTE ON AMENDING THE MOTION CARRIED UNANIMOUSLY 5/0 ROLL CALL VOTE ON THE AMENDED MOTION CARRIED UNANIMOUSLY 5/0 Case No. 25-012 Amending various sections of Kodiak Island Borough Code Title 17 Zoning, Related to Assisted Living Residences. Staff recommends that the commission approve Resolution FY2026-01, which forwards a recommendation of approval to the Borough Assembly. Williamson moved to approve resolution FY2026-01. Dagen seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 OLD BUSINESS • There were none. NEW BUSINESS • There were none. PLANNING AND ZONING CASE RESULTS LETTERS • There were none. ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS • There were none. DIRECTORS' COMMENTS • Chris French delivered the Directors Report dated July 16, 2025. CITIZENS' COMMENTS • There were none COMMISSIONERS' COMMENTS • Dagen thanks staff. • Craig thanks staff. • Mangini thanks staff and public • Williamson thanks staff, comments on preparedness of the tsunami warning. • Neff thanks staff. ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for Wednesday, August 13th, at 6:30 p.m., located in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for August 20th, at 6:30 p.m., located in the Assembly Chambers. Kodiak Island Borough Planning and Zoning Commission Regular July 16, 2025 Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 101 of 115 AGENDA ITEM #18.B. ADJOURNMENT Dagen moved to adjourn the meeting. Mangini seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 Meeting adjourned at 6:47 p.m. KODIA ISLAND BOROUGH Sara Fraser, CHAIRPERSON Kodiak Island Borough July 16, 2025 ATTEST: Hailee Wallace, Secretary III AUG 2 - 2025 BOROWH CLERK'S OFFICE KODIAK, AIASKA Planning and Zoning Commission Regular Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 102 of 115 AGENDA ITEM #18.B. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting August 20, 2025 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on August 20, 2025, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Chris French and Community Development Secretary Hailee Wallace CALL TO ORDER Meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present were Craig Dagen, Tracy Craig, Cort Neff, Sara Fraiser, Athenas Williamson. APPROVAL OF AGENDA Craig moved to approve the August 20, 2025, agenda. Dagen Seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Neff moved to approve July 16, 2025, Regular Meeting Minutes. Dagen seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZENS' COMMENTS • Seema Garoutte • Don Swanson • Scott Arndt PUBLIC HEARING The Planning and Zoning Capital Improvement Project List (CIP) Recommendations for FY2026 through FY2030. Dagen moved to approve Resolution FY2026-002 Capital Improvement Project list. Craig seconds motion. Dagen moved to amend the original motion to postpone Resolution FY2026-002 to September 17, 2025. Williamson seconds motion. Kodiak Island Borough August 20, 2025 Planning and Zoning Commission Regular Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 103 of 115 AGENDA ITEM #18.B. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY 5/0 ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY 5/0 Case No. 25-010 - Foreclosed properties - Legal Description: ASLS 87-43 TR E Shearwater Bay (Property ID 19397), Aleutian Block 3, Lot 15 (214 Maple Street), request for review of land disposal for future land sale. Dagen moved to adopt Planning and Zoning Commission Resolution FY2026-003. Neff seconds motion. Dagen moved to amend motion to include findings of fact as stated in the staff report. Neff seconds motion. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY 5/0 ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY 5/0 Case No. 25-013 - Similar Use Determination for a Child Care Center to reside within North Star Elementary. Williamson moved to approve Planning and Zoning Commission Resolution FY2026-004, to include the findings of fact as stated in the staff report. Neff seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 Case No. 26-001 - Land Disposal of USS 3465 Lot 1A-4, a portion of the property as depicted on a drat preliminary plat dated February 22, 2019. Neff moved to adopt Planning and Zoning Commission Resolution FY2026-005 and the findings of fact stated by the staff. Williamson seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 Case No. 26-002 - Planning and Zoning Commission Bylaws Revision. Neff moved to adopt the changes in the planning and zoning commission bylaws as presented Williamson seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 OLD BUSINESS There was none. NEW BUSINESS There was none. PLANNING AND ZONING CASE RESULTS LETTERS • There was none. ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS • There was none. DIRECTORS' COMMENTS • Christopher French delivered the Directors report dated August, 15, 2025. CITIZENS' COMMENTS Comments are limited to three minutes per speaker. To make comments call the local number at 907-486-3231 or Toll -Free number at 855-492- 9202. Comments are for general topics only. Kodiak Island Borough August 20, 2025 Planning and Zoning Commission Regular Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 104 of 115 AGENDA ITEM #18.B. COMMISSIONERS' COMMENTS • Williamson thanks everyone for being at the meeting. • Neff thanks the public for the comments and for being at the meeting. • Craig thanked everyone for being there. • Dagen thanks staff for their work, thanks the fellow commissioners, and the public. • Fraser thanks the public for speaking, lets staff know she will not be here for the next work session. ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for Wednesday, September 10th, at 6:30 p.m., located in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for Wednesday, September 17th, at 6:30 p.m., located in the Assembly Chambers. ADJOURNMENT Williamson moved to adjourn the meeting. Craig seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 Meeting was adjourned at 7:18 p.m. KODIAK ISLAND BOROUGH 1� HAIRPERSON Hailee Wallace, Secretary III Kodiak Island Borough Planning and Zoning Commission Regular August 20, 2025 Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 105 of 115 AGENDA ITEM #18.B. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board June 17, 2025 A regular meeting of the Fire Protection Area No. 1 Board was held on June 17, 2025, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the meeting to order at 6:04PM. ROLL CALL Staff Brian Price conducted a roll call. Members present were Chair Richard Carstens, Vice -Chair John Parker, Mike Dolph, Scott Arndt, and Craig Dagen. A quorum was established. Others present were Chief of Bayside Fire Department Scott Ellis & Captain Justin Thran of Bayside Fire Department. APPROVAL OF AGENDA ARNDT MOVED to approve the agenda. DAGEN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APROVAL OF MINUTES PARKER MOVED to approve the minutes of the 5.20.2025 regular meeting. DAGEN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT MOVED to acknowledge the receipt of the financial report. DAGEN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) FIRE CHIEF'S REPORT Chief Scott Ellis began his report by introducing Captain Thran and shared his recent contributions to the fire department. Approximately $20,000.00 remained to be processed in the FY2025 Budget. New EMT first response capabilities and new equipment was mentioned. Trainings were also going well in the Borough's old mental health complex. Lots of year-end purchases were made for remaining supplies and equipment needs. Updates to the Cadet program were given, and there were more off -island trainings upcoming that were mentioned. Chief Scott Ellis noted that the goal Kodiak Island Borough Fire Protection Area No. 1 Board Regular June 17, 2025 Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 106 of 115 AGENDA ITEM #18.B. of the Fire Dpartment is to share resources across any operations needed to bolster joint -operation capability. CHAIR PERSONS' REPORT None. OLD BUSINESS Continuing Discussion And Possible Decision On Bayside Addition Concepts Chief Scott Ellis noted the amount of time being spent at the fire department by the membership. It was his strong feeling that the dedication of the membership needs to be adequately equipped and accommodated. Chief Scott Ellis emphasized that firefighters at Bayside are what adds the legitimacy of the department. The board was urged to move forward with the Bayside Addition within the next fiscal year since the members of the department more than deserve it. Vice -Chair John Parker voiced concerns regarding the location of the water supply and sewer line. Scott Arndt clarified that those were identified last year. Scott Arndt continued that he felt there was more needed to the addition than what was being proposed, and that the location of the hose tower needed to be reconsidered. Scott Arndt suggested an additional space was needed for the Chiefs Quarters but ultimately asked the Chief for his input. Chief Scott Ellis did not feel that the separate bunking unit was necessary for the chiefs quarters. Chief Scott Ellis continued to expand on the history of Bayside Fire's construction and what needs had to be considered back then compared to the needs of the department today. Overall, Chief Scott Ellis did not believe there was much more that needed to be added. General ideas for the campus layout continued to be shared with considerations of how the different layouts effect response time when a call is received. Craig Dagen asked what the overall response time currently was. Chief Scott Ellis stated the longest times were 3-4 minutes, accounting for delays in dispatch. Craig Dagen agreed with Chief Scott Ellis that there needed to be an increase in response time to reach more favorable emergency response outcomes and, consequentially, increase the quality of service provided to the community. The weight room being relocated was discussed as the board speculated what use the area could have to serve as a bunking area. Captain Justin Thran stated how the time adds up being in an upstairs location, wanting to avoid having to use stairs and pass through swipe card doors during emergency response. Scott Arndt suggested the weight room removal to open more possibilities from upstairs modification. Fixed areas were noted, and further discussion ensued. CHAIR RICHARD CARSTENS CALLED FOR A 10-MINUTE RECESS AT 7:11PM. THE MEETING WAS RECONVENED AT 7:21 PM. Scott Arndt recommended a work session with membership present. Craig Dagen asked about external resources being brought in and when to involve an engineering firm. The board discussed further. Kodiak Island Borough Fire Protection Area No. 1 Board Regular June 17, 2025 Meeting Minutes Page 2 of 4 Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 107 of 115 AGENDA ITEM #18.B. CITIZENS' COMMENTS Justin Thran - Shares that Chief Scott Ellis has done an amazing job and how he's put life back into the department. It has been a breath of fresh air and people want to be here. Regarding the addition, plans to have firefighters consider the options were made. Scott Ellis - Standby for invitations to a promotional ceremony. We're looking to get it on the agenda for a Borough Assembly Meeting and would like it to be before July 11th. BOARD MEMBERS' COMMENTS Scott Arndt - Shares the original [Bayside] building concept was 4 bays, the washroom, & compressor. The rest was fair game. Mike Dolph - Thinks that, in the near future, Bayside will be adding on, and, if they're not careful, it could get exciting. Craig Dagen - Looks forward to figuring out the best solutions as things continue to develop. John Parker - Shared he felt it was nice to see the last budget report of the year & that they've remained cohesive through the year. He feels it will work better next year too. Scott Ellis - Stated that the key here is positive movement forward. I like what we've established. Richard Carstens - Shared briefly his experience with other fire chiefs and that they all have their specialties. Chief Ellis is multi -faceted and brings a lot of excitement into the fire department. It was felt that Bayside has a very vibrant campus, and he doesn't want to lose any of that. Captain Justin Thran was encouraged to share the ideas presented in the meeting with the membership of the fire department to gauge thoughts and possibly take suggestions. SET NEXT MEETING DATE The next meeting date was set for July 8th, 2025. ADJOURNMENT ARNDT MOVED to adjourn the meeting. DAGEN seconded. Kodiak Island Borough June 17, 2025 Fire Protection Area No. 1 Board Regular Meeting Minutes Page 3 of 4 Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 108 of 115 AGENDA ITEM #18.B. L VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting was adjourned at 7:39PM. KODIAK ISLAND BOROUGH KODIAK ISLAND BOROUGH ATTEST: Richard Carstens, FPA#1, Board Chairf4 -, & � � �'(� `b / I Z-/lam �J Brian Price, Engineering & Facilities Secretary Kodiak Island Borough June 17, 2025 E ElE AUG 11 2025 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Page 4 of 4 Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 109 of 115 AGENDA ITEM #18.B. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board July 22, 2025 A work session of the Fire Protection Area No. 1 Board was held on July 22, 2025, in the Bayside Fire Hall. These minutes were created at the request of Chair Richard Carstens for the purpose of tracking discussions of the Bayside Addition. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the meeting to order at 6:04PM ROLL CALL Staff Brian Price conducted a roll call. Members present were Chair Richard Carstens, Vice -Chair John Parker, Mike Dolph, and Craig Dagen. Member Scott Arndt was excused absent. A quorum was established. Also present was Chief of Bayside Fire Department Scott Ellis. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) None. NEW BUSINESS None. OLD BUSINESS Continuing Discussion On Bayside Addition Concepts Chief Scott Ellis began the discussion and provided prints to the board of the Overall Plan for the Bayside Addition with his edits for proposed modifications. The following needs were outlined: - Centralize F.D. Operations Around Response Apparatus - Provide Purpose -Built Dormitory Space (Bunk -Rooms) - Separate Admin (Public) From Operations (Firefighters) Living / Working / Maintenance - Expand Decon. / Self -care Facilities Chief Scott Ellis continued to expand on his thoughts behind the proposed concepts presented. It was conceived such that the work done to complete the addition would be split into a Phase I & Phase II. Phase I consisted of the following: Phase I: A. Renovate/Repurpose 2nd Floor Lower Building (B) Timeline: (Design + Permit) 9-25 to 6-26 (Build) 7-26 to 6-27 B. Construct 3-Story Hose -Training Tower [West Side Building B] Construct 1-Story Lean to Addition for Fitness Center [West Side Building B] Kodiak Island Borough Fire Protection Area No. 1 Board Regular July 22, 2025 Meeting Minutes Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 110 of 115 AGENDA ITEM #18.B. Chief Scott Ellis reiterated that he wants Bayside to be able to help other Fire Protection Areas before having to add, meaning that properly interfacing with the other Fire Departments to continuing efforts to bolster mutual aid will be a key focus prior to the addition's construction. The importance of the weight room gym facility was stated to shed light on its significance in improving the overall culture at Bayside. Chief Scott Ellis expanded his thoughts behind the proposed Phase I, stating that the fitness room would have the Hose Tower behind it and turn the tower itself into multi -faceted training tower. Chief Scott Ellis continued onto Phase II. Phase II consisted of the following: Phase II: A. Renovate/Repurpose Training Room Building (A) Construct Hallway from Training Room to Upper Bay //Demo Existing Tower / Turn B/R Entrances + Reno Extend Sprinkler Coverage B. Demo 2fl Kitchen 4 E Bearing Wall --> Living Room 3rd Bedroom Reno 1fl Kitchen 4 2 Floor Apt. 3BR 1 Bath Private Entrance Timeline: (Design/Permit) 9-25 to 6-26 (Build)? 7-25 to 10-27 John Parker suggested considering Phase I & Phase II to instead be Phase A & Phase B. Chief Scott Ellis clarified his intentions of the phases and that all concept information presented will be provided to the architect. The opinion of the architect and their suggestions of a timeline/plan of approach will ultimately take precedent over the proposed phases. Further discussion ensued. Craig Dagen brought up considering increased privacy for the Fire Chiefs quarters. Chief Scott Ellis did not wish to impede areas designated for firefighter operations for the sole purpose of increased privacy. The board discussed further. John Parker asked where the information would be presented next. Chief Scott Ellis explained his plans to interface with the KIB Projects Office and have the Manager's participation. Next would be the architect, and then finally to the Assembly for the last approval. Overall, the board agreed with the concepts presented. CITIZENS' COMMENTS None. BOARD MEMBERS' COMMENTS None. SET NEXT MEETING DATE The next meeting was set for August 12, 2025. ADJOURNMENT Chair Richard Carstens adjourned the meeting at 7:14PM. Kodiak Island Borough July 22, 2025 Fire Protection Area No. 1 Board Regular Meeting Minutes Page 2 of 3 Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 111 of 115 AGENDA ITEM #18.B. L- KODIAK ISLAND BOROUGH 2t'a"� " 1 o 7,S Richard Carstens, FPA#1, Board Chair Kodiak Island Borough July 22, 2025 ATTEST: &dj�� /I 2/ZOZS Brian Price, Engineering & Facilities Secretary AUG 1 Y 2025 BOROUGH CLERKS OFFICE KODIAK, ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Page 3 of 3 Summary of the September 15, 2025 Board of Education Meeting; Planning a... Page 112 of 115 9,%1 /2025 09:27 FAX 9074864016 ASSOCIATED I:;L ND EROf.:EF AGENDA ITEM #19.A. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bav Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-maiL clerks@kodiikak.us NOTICE OF PUBLIC HEARING Application For Beverage Dispensary License (BDL) Transfer of Ownership and Location License #3299 A public hearing will be held on Thursday October 2 _Z025 at 6:30 p.m. in the Borough Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the following State of Alaska Alcohol and Marijuana Control Office (AMCO) BDL transfer of ownership and location application: Transferor Information: El Chicano Inc. (Filomeno and Ana Bravo) DBA: El Chicano Mexican Restaurant License Type: Beverage Dispensary License 402 Marine Way, Suite 100 Kodiak, Alaska 99615 Transferee Information; Antonia Bravo DBA: El Chicano Mexican Restaurant 202 Rezanof Drive Kodiak, AK 99615 Phone Number: (907) 942-7266 If you do not wish to testify verbally, vgu may rovide comments favoring or opposing via email at clerksAkodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no late than noon on the day of the public hearing. � � '1. 4 T Name: b :ad Mailing Address: eL e. l L. r 1'5L-3. A J Comments: Kodiak Island Borough Code 5.01.030 New license and transfer p.rood.Mre, A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or Issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough_ B_ The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Meeting Materials Beverage Control Board. 9 Page 113 of 115 AGENDA ITEM #19.A. Kodiak Island Borough OFFICE of the CLERK 710 N ill Bay Road Kodiak, Alaska 99615 Phonc (907) 486-9310 Fax (907) 486 9391 E -mail: cicrks a kocliakak.us NOTICE OF PUBLIC HEARING Application For Beverage Dispensary License (BDL) Transfer of Ownership and Location License #3299 A public hearing will be held on Thursday October 2, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the following State of Alaska Alcohol and Marijuana Control Office (AMCO) BDL transfer of ownership and location application: Transferor Information: El Chicano Inc. (Filomeno and Ana Bravo) DBA: El Chicano Mexican Restaurant License Type: Beverage Dispensary License 402 Marine Way, Suite 100 Kodiak, Alaska 99615 Transferee Information: Antonia Bravo DBA: El Chicano Mexican Restaurant 202 Rezanof Drive Kodiak, AK 99615 Phone Number: (907) 942-7266 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks a(,.kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. 1n' �J Name: o Mailing Address: '�y� cscv-, Commen : Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Meeting Materials Page 114 of 115 AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH Meeting Type: Assembly Regular Meeting Date: October 2, 2025 Please PRINT your name legibly Phone number GgP7AlN D/1V/19 Sfi4770 S7S 7y2 $07,r Gil SeA M CAr Meeting Materials Page 115 of 115 AGENDA ITEM #19.A. Vol. FY2026, No.07 Kodiak Island Borough Assembly Newsletter October 03, 2025 At Its Regular Meeting Of October 2, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 16, 2025, At 6:30 P.M. In The Borough Assembly Chambers. PRESENTED The Employee Of The Quarter Award To Patricia Valerio, Projects Assistant, In The Engineering and Facilities Department PROCLAIMED The Month Of October National Community Planning Month Which Allows A Public Recognition Of The Participation And Dedication Of The Members Of Planning And Zoning Commission, Professional Planners, And Other Citizen Planners Who Have Contributed Their Time And Expertise Tc The Improvement Of The Kodiak Island Borough PROCLAIMED The Month Of October Filipino American National History Month Urging All Citizens To Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands VOICED NON -PROTEST To The State Of Alaska Alcohol & Marijuana Control Office Beverage Dispensary Liquor License No. 3299 Transfer Of Ownership From El Chicano Inc., DBA El Chicano Mexican Restaurant, To Antonia Bravo; And Transfer Of Location From 402 Marine Way, Suite 100, To 202 Rezanof Drive, With New Restaurant Endorsement, And DIRECTED The Clerk To Notify AMCO And The Applicant Of This Decision ADOPTED 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 ADOPTED 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 ADOPTED 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 ADOPTED 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 APPROVED Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of USS 2539 Lt 1 Remainder Womens Bay View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough Meeting Materials Page 116 of 115