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2025-10-16 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, October 16, 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. October 2, 2025, Regular Meeting Minutes 4-8 20251002 RM Minutes 7. CITIZENS' COMMENTS Please call 1(907) 486-3231 or toll free 1(855) 492-9202. Comments on any topic other than scheduled public hearing items. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS Page 0 of 81 10. PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202. 11. BOROUGH MANAGER'S REPORT A 2025-10-16 Borough Manager's Report 9 - 14 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2026-27, Agreement For Lobbying 15 - 17 Services With Hickey & Associates Agenda Item Report - Pdf 14.B. RESOLUTIONS 1. Resolution No. FY2026-07, Authorizing The Issuance Of A 18 - 30 Negotiated Ground Lease With Kodiak Rodeo And State Fair, Inc. Agenda Item Report - Pdf 2. Resolution No. FY2026-08, Approval Of The Assembly 31 - 34 Meeting Calendar For The Year 2026 Agenda Item Report - Pdf 3. Resolution No. FY2026-09, Ratifying And Certifying The 35 - 42 Results Of The October 7, 2025, Regular Municipal Election Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2026-11, Amending Various Sections Of 43 - 69 Kodiak Island Borough Code Title 17 Zoning, Related To Child Care Facilities Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Administration Of Oath Of Office To Newly Elected 70 Officials Agenda Item Report - Pdf 2. Presentation To Outgoing Elected Officials 71 Agenda Item Report - Pdf Page 1 of 81 3. Appointment To The Kodiak Island Borough Assembly 72 - 73 Agenda Item Report - Pdf 4. Administration Of Oath Of Office To Newly Appointed 74 - 75 Assembly Member Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Evaluation Of The Legal Counsel Applicants 76 Agenda Item Report - Pdf 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS 20. SUPPLEMENTAL MATERIALS A Meeting Materials 77 - 81 This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 81 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting October 2, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on October 2, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Assessing Director Seema Garoutte, Community and Development Director Christopher French, Finance Director Dora Cross, Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION Captain David Shatto of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Steven Ames, Jared Griffin, Dave Johnson, Larry LeDoux, Scott Smiley, and Bo Whiteside. 5. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES(Approved under consent agenda). A. Special Meeting Minutes of September 11, 2025, and Regular Meeting Minutes of September 18, 2025 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Sandra West • Seema Garoutte • Rhubie Schultze 8. AWARDS AND PRESENTATIONS A. Award Presentation For The Employee Of The Quarter Kodiak Island Borough October 2, 2025 Assembly Regular Meeting Minutes Page 1 of 5 October 2, 2025, Regular Meeting Minutes Page 4 of 80 AGENDA ITEM #6.A. Borough Manager Aimee Williams announced Patricia Valerio, Projects Assistant from the Engineering and Facilities Department, as the employee of the quarter. B. Proclamation Declaring The Month Of October National Community Planning Month Mayor Arndt proclaimed the month of October as Community Planning Month. Community Development Director Chris French received the proclamation. C. Proclamation Declaring The Month Of October As Filipino American National History Month Mayor Arndt proclaimed the month of October as Filipino American National History Month. Rhubie Schultze, Filipino American Association Officer, received the proclamation. 9. COMMITTEE REPORTS • Assembly Member Griffin reported on a recently held meeting of the Health and Facilities Advisory Board. 10. PUBLIC HEARING 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 GRIFFIN moved 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 directed the Clerk to notify AMCO and the applicant of this decision. Antonia Bravo and Carlene McChesney spoke under public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, Johnson, LeDoux, Smiley, and Whiteside. 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 GRIFFIN moved to adopt Ordinance No. FY2026-07. Kodiak Island Borough October 2, 2025 Assembly Regular Meeting Minutes Page 2 of 5 October 2, 2025, Regular Meeting Minutes Page 5 of 80 AGENDA ITEM #6.A. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, LeDoux, Smiley, Whiteside, and Ames. 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 GRIFFIN moved to adopt Ordinance No. FY2026-08. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Smiley, Whiteside, Ames, and Griffin. 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 GRIFFIN moved to adopt Ordinance No. FY2026-09. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Whiteside, Ames, Griffin, and Johnson. 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 GRIFFIN moved to adopt Ordinance No. FY2026-10. Mayor Arndt opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Ames, Griffin, Johnson, and LeDoux. 11. BOROUGH MANAGER'S REPORT Borough Manager Aimee Williams provided a manager's report, and it was included in the meeting packet. Kodiak Island Borough Assembly Regular Meeting Minutes October 2, 2025 Page 3 of 5 October 2, 2025, Regular Meeting Minutes Page 6 of 80 AGENDA ITEM #6.A. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt encouraged everyone to get out and vote and announced the last two days of early voting. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS — None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.13. RESOLUTIONS Resolution No. FY2026-06, Authorizing Disposal By Lease Of A Portion Of USS 2539 LT 1 Remainder Womens Bay GRIFFIN moved to approve Resolution No. FY2026-06. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Ames, Griffin, Johnson, LeDoux, and Smiley. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS Carlene McChesney spoke under citizen's comments. 16. ASSEMBLY MEMBERS' COMMENTS Assembly Member Whiteside urged everyone to cast their vote. He emphasized that it will only take less than five minutes of your time to decide who will represents you and make decisions that impact your life and family. Assembly Member Griffin echoed Assembly Member Whiteside's comments, and he would like to see an enhanced Borough "I Voted" stickers. He congratulated Patricia Valerio for receiving the Employee of the Quarter award and recognized her for her meticulous work on staffing the Health and Facilities Advisory Board. He expressed his gratitude to the Board of Equalization members for their service and to Assessing Director Seema Garoutte for the challenging task of cleaning up and rectifying Borough code issues. He also announced the upcoming First Friday Art Walk event on October 3. Assembly Member Johnson, in recognition of Filipino American History Month, highlighted the significant contributions of Filipino Americans in the U.S. military, from World War II to today. He also thanked staff for addressing code issues and emphasized the importance of voter participation, noting that high turnout ensures the government reflects the people's choice. Assembly Member Ames urged everyone to get out and vote. Kodiak Island Borough October 2, 2025 Assembly Regular Meeting Minutes Page 4of5 October 2, 2025, Regular Meeting Minutes Page 7 of 80 AGENDA ITEM #6.A. Assembly Member LeDoux noted that many in the community face financial hardships, with rising costs of rent, food, and fuel, and emphasized the significant role of the Salvation Army Food Bank in helping those in need. He encouraged community support through donations of food or money. He expressed his gratitude to Patricia Valerio for her excellent work and he also thanked Aimee Williams, Borough Manager, and recognized her for her leadership and for fostering an environment of excellence and service. Assembly Member Smiley encouraged everyone to get out and vote and congratulated Patricia Valerio for receiving the Employee of the Quarter Award. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 7:33 p.m. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough October 2, 2025 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 October 2, 2025, Regular Meeting Minutes Page 8 of 80 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 16, 2025 Manager's Department Alaska Waste Met with leadership at Alaska Waste to discuss the process for moving dumpsters out of the Dark Lake area. The dumpsters will be temporarily re -located so that there will be no legal dumping or dropping off of solid waste in that area while there are no dumpsters there. Thank you to the private land owners around that area that allowing us to use their private property to set up monitoring of the site. United Fisherman of Alaska The Board of Directors for UFA were here in town on Tuesday and Wednesday. Mayor Arndt, Assembly Member Griffin, and I were able to attend some of their during their visit. Providence Kodiak Island Medical Center Tomorrow is the Interim Hospital Adminstrator, Lori Riddle's, last day at PKIMC. We wish her well as she takes on a new role off -island and thank for for all she has done for the Kodiak community. City Manager Officailly met with the new City Manager, Randy Robertson, yesterday and we were able to discuss current and potential new ways that the City of Kodiak and the Kodiak Island Borough can collaborate. Land Sale Staff will start working on the ordinance for the land sale of four lots next week. (See attached maps of approved properites) Current Recruitments • E/F — Director, Environmental Specialist /Landfill Manager, and General Laborer • CDD - Code Enforcement Officer Page 9 of 80 AGENDA ITEM #11.A. Community Development Planning and Zoning Commission The Planning & Zoning Commission held its regular meeting on October 15, 2025. The Maritime Museum parking variance was heard during the public hearing. The Commission voted 6 to 0 with one member absent to approve the variance. No other cases were on the agenda. Parks and Recreation Committee The Committee is scheduled to hold a meeting on October 21, starting at 11 AM in the Borough Conference Room. The meeting will focus on preliminary survey results from the Trails Survey and a discussion of potential goals for PLAN 2045 for the parks, recreation, and trails element of the plan. Assessinq Senior Citizen (SC) / Disabled Veteran (DV) Exemptions • Outstanding applications: 9 (7 SC and 2 DV) remain undetermined. Assessing will begin processing supplements in the new software next week with Finance. • 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. 10tn • In -town SC/DV application at the Senior Center Nov. 19th, Dec. 19th and Jan. 13tn 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 • Staff needs one more day in Port Lions to finish up. Tyler Conversion • Staff has meetings with Tyler staff every Monday, Wednesday and Fridays for the next 5 weeks. Exemption Appeals • The Alutiiq Heritage Foundation - Trial scheduled for July 27-29, 2026. Currently working with KIB attorney on filings that are due. Page 10 of 80 AGENDA ITEM #11.A. Finance Department 2025 Property Taxes For those who paid their first half payment by August 15th, the second a half payment is due Monday, November 171n Property Assessment and Taxation Implementation Project Finance staff has had the benefit of an in -person Tyler's trainer this week. Sheri has been a great help in one-on-one training and helping to document program fixes and improvements that still need to be done. Dual entry for new and legacy system will continue through December at least to ensure once a year processes perform as intended. 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 working on supporting the Community Development department with their mapping needs, and on improving our security by removing unneeded systems from the internet. Cybersecurity and Risk Mitigation The IT department retired an unneeded GIS Mapping server as part of the migration to the new PACS system which improves our security by reducing potentially vulnerable systems from internet access. Network and Connectivity KIB IT staff are continuing to assist the migration to the new PACS systems which includes the new Propaccess property viewer website and are troubleshooting performance issues with the new Tyler application. Systems Administration IT is working on updating various enterprise systems such as our backup software and other key systems such as New World Systems, CompuWeigh. GIS GIS is working with Community Development providing maps for their public sessions and is also working on creating maps for proposed Dumpster locations for the public. GIS is also working on the conversion of the new Tyler data for our GIS mapping website. Page 11 of 80 AGENDA ITEM #11.A. Enaineerina and Facilities Landfill • Regional Solid Waste Management Plan Update is due December 12, 2026 • The first joint inspection of the landfill fence repairs was completed on October 15t" and the contractor is on schedule to be complete by October 31 st. • The LTP Surface Water Sampling event was successfully completed, and staff are waiting on the results. Chiniak School Painting Final paint inspection was conducted today, and this project has transitioned to close-out. V. Jr A'i� Fuel Spill Assistance Long Term Care 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 final report is due by October 31 st. Based on the preliminary findings, KIB will need to hire a third party to conduct more sampling and install a new monitoring well. Karluk Projects office staff are working with 3-Tier Alaska to conduct similar work for the closure of the Karluk fuel spill. That report is also due on October 31 st. Based on the preliminary findings, KIB will need to hire a third party to conduct more sampling and/or install a new monitoring well. KFRC 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. a Page 12 of 80 AGENDA ITEM #11.A. • 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. Multi -Facility Elevator Modernization 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 • North Star boilers were down and have been repaired by KIB Maintenance staff. A contract has been issued for a full burner replacement at the cost of $24,867.50. • Dark Lake Clean Maintenance staff have installed the required signage, and cameras are in service. • Projects Office Stair Replacement: Work was completed September 23rd, but do not meet code and will require rework. A letter of non-conformance will be issued to the contractor. • 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 posted the Invitation to Bid October 7th. A mandatory pre -bid is scheduled for October 21 st and bids are due November 5th. • 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: • KIB Facilities Contract Re -Bid: Staff issued a re -bid package on September 18th. Bid packages are due October 20th. • Analytical Laboratory Services (LTP Sample Testing) • Janitorial Services • Solid Waste Management Contract • Matson Navigation Contract (Metals Recycling Shipping) Board Meetings • Health Facilities Advisory Board (HFAB) o October 27th, 2025, at 3:00pm at the Providence Conference Room • Architectural Review Board (ARB) Anticipated Early December Attached to the Report Tonight Map of first set of properties that will be available for sale FY2027 Budget Items - Al Cameras / Facial Recognition 5 Page 13 of 80 AGENDA ITEM #11.A. Page 14 of 80 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2026-27, Agreement For Lobbying Services With Hickey & Associates ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to approve Contract No. FY2026-27 Lobbying Services with Hickey & Associates. DISCUSSION: Hickey and Associates have been offering lobbying services to the Kodiak Island Borough for 25 years now. The first contract was signed on August 3, 2000. Currently, the contract in place with Hickey and Associates is Contract No. FY2020-08C, which will expire on December 31, 2025. This proposed contract is for two years at $45,000 per year for a total of $90,000 for the term of the contract. ALTERNATIVES: FISCAL IMPACT: $90,000 for two years OTHER INFORMATION: Kodiak Island Borough Contract No. FY2026-27, Agreement For Lobbying Services With Hickey & As... Page 15 of 80 AGENDA ITEM #14.A.1. AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES 1. Hickey & Associates (hereinafter the "Contractor") agrees to represent the Kodiak Island Borough (hereinafter the "Borough") from January 1, 2026, through December 31, 2028. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor, and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as well as notification of opportunities to testify or provide comments on behalf of the community, as events warrant, is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $ 45,000 per year, or a total of $90,000 for the contract period. $33,000 of the annual fee will be payable on the first of the month during the six months of the session (January through June). The remaining $12,000 will be payable on a quarterly basis for the last two quarters of the year (September 1 and December 1). Extraordinary out-of-pocket expenses defined as direct expenses for borough directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph # 3 above. Contract No. FY2026-27 Contract No. FY2026-27, Agreement For Lobbying Services With Hickey & As... Page 16 of 80 AGENDA ITEM #14.A.1. 7. The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH Aimee Williams, Borough Manager Date ATTEST: Nova M. Javier, MMC, Borough Clerk Date HICKEY & ASSOCIATES Mark S. Hickey, President Date Contract No. FY2026-27 Contract No. FY2026-27, Agreement For Lobbying Services With Hickey & As... Page 17 of 80 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Ground Lease With Kodiak Rodeo And State Fair, Inc. ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2026-07. DISCUSSION: Kodiak Rodeo and State Fair, Inc., formerly Kodiak Jaycees, Inc., has occupied the Kodiak Fairgrounds under a 55-year lease that originated with the State of Alaska and was later assumed by the Kodiak Island Borough. That lease expires on November 3, 2025. Kodiak Rodeo and State Fair, Inc., a nonprofit corporation, has requested to continue occupation of this land by entering into a new lease. Borough staff have worked with representatives of the Kodiak Rodeo and State Fair, Inc. Board of Directors, and with the Borough Attorney to draft a new lease. This lease is for a term of 25 years, at an initial rate of $500 per year, which is less than fair market value as is allowed under KIBC 18.40.020(B). ALTERNATIVES: Fail to adopt, postpone or amend the action. FISCAL IMPACT: OTHER INFORMATION: KIBC 18.40.020(B). The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed 25 years to a nonprofit corporation or public utility at a reasonable rental rate, taking into consideration the purpose for which the real property is to be used. Kodiak Island Borough Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 18 of 80 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 44 45 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2026-07 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE ISSUANCE OF A NEGOTIATED GROUND LEASE WITH KODIAK RODEO AND STATE FAIR, INC. WHEREAS, Kodiak Rodeo and State Fair, Inc., formerly Kodiak Jaycees, Inc., has occupied Borough land commonly known as the Kodiak Fairgrounds under a 55-year lease that originated November 4, 1970, with the State of Alaska and was later assumed by the Kodiak Island Borough (KIB); and WHEREAS, the lease of the fairgrounds property expires on November 3, 2025; and WHEREAS, Kodiak Rodeo and State Fair, Inc., a nonprofit corporation, has requested to continue occupation of this land for the purpose of continuing a local rodeo and fair program and similar historical activities by entering into a new lease for a term of twenty-five years; and WHEREAS, as required by KIBC 18.20.030, disposal of this tract of land was recommended by the Planning and Zoning Commission and approved by the Assembly via Resolution No. FY2026- 06; Resolution No. FY2026-06 further directed the Manager negotiate a lease with Kodiak Rodeo and State Fair, Inc; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is authorized to execute a ground lease with Kodiak Rodeo and State Fair, Inc. for a term of twenty-five years at an initial rate of $500 per year. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2026-07 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 19 of 80 AGENDA ITEM #14.B.1. GROUND LEASE As authorized by Resolution No. FY2026-06 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, 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 USS 2539 LT1 REMIANDER 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 20 of 80 AGENDA ITEM #14.B.1. 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. ll. Term. A. The term of this Lease shall be for twenty-five (25) years, commencing on November 4, 2025, and ending on November 30, 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 41', 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 21 of 80 AGENDA ITEM #14.B.1. 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 GROUND LEASE - KRSF Fairgrounds Lease — Page 3 of 11 Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 22 of 80 AGENDA ITEM #14.B.1. assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 23 of 80 AGENDA ITEM #14.B.1. 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 24 of 80 AGENDA ITEM #14.B.1. 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 25 of 80 AGENDA ITEM #14.B.1. 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 26 of 80 AGENDA ITEM #14.B.1. 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 27 of 80 AGENDA ITEM #14.B.1. 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 28 of 80 AGENDA ITEM #14.B.1. 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 GROUND LEASE - KRSF Fairgrounds Lease — Page 10 of 11 Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 29 of 80 AGENDA ITEM #14.B.1. 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 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. FY2026-07, Authorizing The Issuance Of A Negotiated Groun... Page 30 of 80 AGENDA ITEM #14.B.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For The Year 2026 ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to adopt Resolution No. FY2026-08. DISCUSSION: Ordinance No.FY2018-12 mandates that the Assembly establish and adopt its meeting schedule for the upcoming year through a resolution. According to the code, the Assembly is required to convene in the borough assembly chambers located in the borough administration building in Kodiak, Alaska. Meetings are set to begin at 6:30 p.m. on the first and third Thursdays of each month, or at an alternative time and location as specified in the meeting notice. Should the Assembly choose to alter its meeting schedule from the designated first and third Thursdays in the Assembly Chambers, such changes are permissible provided that proper notice is given. In instances where a regular meeting coincides with a holiday or the eve of a holiday, the Assembly has the authority to advance, postpone, or cancel the meeting as deemed necessary. Additionally, if a quorum is not present or if there is minimal business to address, the Assembly may cancel the meeting and defer its agenda to the next regular session. Clerk's note: The Annual Alaska Municipal League Conference typically takes place during the second week of December, while the Annual Clerk's Conference is scheduled for May 17- 21, 2026. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be Kodiak Island Borough Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For ... Page 31 of 80 AGENDA ITEM #14.B.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For ... Page 32 of 80 AGENDA ITEM #14.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2026-08 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING THE ASSEMBLY MEETING CALENDAR FOR THE YEAR 2026 WHEREAS, the assembly routinely sets and adopts its meeting calendar for the following year by resolution; and WHEREAS, KIBC 2.30.030 further states that if a regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of a quorum for holding a meeting occurs, or when there is little or no business to be considered, the assembly may cancel such meeting and hear its business at the next regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. Adoption of Meeting Calendar: The Assembly Meeting Calendar for the Year 2026, attached as Appendix A to this resolution and incorporated herein by reference, is approved. Section 2. Revisions to Meeting Calendar. The Assembly may call or schedule additional meetings, or may advance, postpone, or cancel meetings by motion or as otherwise authorized in KIBC 2.30.030 when necessary. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2025 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Borough Clerk Resolution No. FY2026-08 Page 1 of 1 Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For ... Page 33 of 80 AGENDA ITEM #14.B.2. Kodiak Island Borough 2026 Annual Calendar January Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 New Year's Day 4 5 6 7 8 9 10 11 12 13 14 15 16 17 P&Z W R 18 19 20 21 22 23 24 Martin Luther King Jr. Day P&Z R 25 26 27 28 29 30 31 April Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 R 3 4 5 6 7 8 P&Z W 9 10 11 12 13 14 15 P&Z R 16 R 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 R Observed Independence Day 5 6 7 8 9 10 11 P&Z W 12 13 14 15 16 17 18 P&Z R R 19 20 21 22 23 24 25 26 27 28 29 30 31 W October Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 R 2 3 4 5 6 LE 7 8 9 10 11 12 13 14 P&z w 15 R 16 17 18 19 20 21 P&Z R 22 23 24 25 26 27 28 29 30 31 Assembly Meetings R Regular Meeting Work Session Borou MLK Day President's Day Seward's Day February Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 R 6 7 8 9 10 11 P&Z W 12 W 13 14 15 16 President's Day 17 18 P&Z R 19 R 20 21 22 23 24 25 26 W 27 28 May Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 BOE R R 10 11 12 13 14 15 16 P&Z W 17 18 19 20 21 22 23 P&Z R R 24 25 26 27 28 29 30 31 Memorial Day W August Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 R 7 8 9 10 11 12 P&Z W 13 W 14 15 16 17 18 PE 19 P&Z R 20 R 21 22 ff 24 31 25 26 27 W 28 29 November Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 GE R 8 9 10 11 12 13 14 P&Z W Veteran's Day 15 16 17 18 19 20 21 P&Z R R 22 23 24 25 26 27 28 Thanksgiving Day Thanksgiving Friday (Boro Holiday) 29 30 P&Z R Regular Meeting P&Z W Work Session Board of Equalization BOE R Regular Meeting Elections PE - Primary Election LE - Local Election GE - General Election h is Closed in Observance of: IN Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day New Years Day March Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 R 8 9 10 11 12 13 14 P&Z W W 15 16 17 18 19 20 21 P&Z R R 22 23 24 25 26 27 28 W 29 30 31 Seward's Day June Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 R 7 8 9 10 11 12 13 P&Z W 14 15 16 17 18 19 20 P&Z R Juneteenth Observed 21 22 23 24 25 26 27 W 28 29 30 September Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1 3 R 4 1 5 6 7 Labor Day 8 9 P&Z W 10 W 11 12 13 14 15 16 P&Z R 17 R 18 19 20 21 22 23 24 W 25 27 28 29 30 December Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1 3 R 4 1 5 6 7 8 9 P&Z W 10 11 12 13 14 15 W 16 P&Z R 17 R 18 19 20 21 22 23 24 25 Christmas Day 26 27 28 29 30 31 Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For ... Page 34 of 80 AGENDA ITEM #14.B.3. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-09, Ratifying And Certifying The Results Of The October 7, 2025, Regular Municipal Election ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2026-09. DISCUSSION: The Borough Election on October 7, 2025, was executed seamlessly, reflecting the diligence and efficiency of the Election officials and the Clerk's Office staff. The contributions of the Precinct Election Officials, the receiving team, and the canvass board, deserve recognition for their outstanding efforts throughout the election process. The four members of the canvass team demonstrated meticulous attention to detail meticulously counting all by -mail votes, absentee by -mail ballots, special needs ballots, questioned ballots, and tallied the write-in votes. The canvass team thoroughly examined all ballot accountability reports from the precincts, early voting site, and by -mail voting. Additionally, they identified rejected ballots and drafted letters to inform voters of the reasons their ballots were not counted. I can confidently state that the local election was conducted with the highest level of integrity, adhering to state law and borough ordinances, with no illegal activities reported. The canvass board urges the Assembly to certify the validity of the election by adopting Resolution No. FY2026-09. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 7.40.020 Certification of the election: A. As soon as possible after completion of the canvass, the assembly shall meet in public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. B. If the canvass board reports a failure to comply with provisions of state law and borough ordinance or illegal election practices occurred and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns or may declare the entire election invalid and order a new election. C. If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be conducted immediately by the canvassing board and the results reported to the assembly. D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately cause the canvass board to recount the votes. If there is still a failure to elect because of a tie Kodiak Island Borough Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 35 of 80 AGENDA ITEM #14.B.3. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING after completion of the recount, the election shall be determined fairly by lot from among the candidates tying in a meeting of the assembly and under its direction. E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each person elected to office a "certificate of election" signed by the clerk and authenticated by the seal of the borough. Kodiak Island Borough Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 36 of 80 AGENDA ITEM #14.B.3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2026-09 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD ON OCTOBER 7, 2025 WHEREAS, the Kodiak Island Borough held a Regular Election on October 7, 2025, at which time candidates for the following offices were voted on: Borough Mayor One Seat, Three Year Term Borough Assembly Two Seats, Three Year Terms School Board One Seat, Three Year Terms Bay View Road Service Area Board Two Seats, Three Year Terms Fire Protection Area No. 1 Board One Seat, Three Year Terms Monashka Bay Road Service Area Board Two Seats, Three Year Terms Service Area No. 1 Board Two Seats, Three Year Terms Womens Bay Service Area Board Two Seats, Three Year Term WHEREAS, the Canvass Board has completed the canvass of the Regular Election, and has presented the Certificate of Canvass as follows: BOROUGH MAYOR One Seat, Three Year Term Scott Arndt 899 Jared Griffin 1079 BOROUGH ASSEMBLY Two Seats, Three Year Terms Jeffery A. Woods 730 Kristina "KVan" Van Hoogmoed 632 Jeremiah Gardner 963 Caroline Roberts 524 Rob Lindsey 628 SCHOOLBOARD One Seat, Three Year Term Jim Pryor 1529 BAY VIEW ROAD SERVICE AREA BOARD Two Seats, Three Year Terms Jim Carmichael 25 FIRE PROTECTION AREA NO. 1 BOARD One Seat, Three Year Term Mike Dolph 724 36 MONASHKA BAY ROAD SERVICE AREA BOARD 37 Two Seats, Three Year Terms 38 There were no candidates. The seats will be filled by Assembly appointment. 39 Kodiak Island Borough, Alaska Resolution No. FY2026-09 Page 1 of 3 Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 37 of 80 AGENDA ITEM #14.B.3. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 SERVICE AREA NO. 1 BOARD Two Seats, Three Year Terms Jason Bunch 583 Andy Graham (write-in) 32 Dennis Symmons (write-in) 2 WOMENS BAY SERVICE AREA BOARD Two Seats, Three Year Terms Billy Ecret 147 -KIBC 7.30.125 (A)(2) Write-in votes shall not be tallied except if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate whose name is printed on the ballot. Precinct Total Registered Voters Votes Cast 05/800 - Chiniak 131 38 05/810 - Flats 1769 194 05/815 - Larsen Bay Akhiok, Karluk, & Larsen Bay)158 17 -(Encompasses 05/820 - Kodiak No. 1 2007 370 05/825 - Kodiak No. 2 2066 343 05/830 - Mission Rd 3527 663 05/835 - Old Harbor 113 11 05/840 - Ouzinkie 136 11 05/845 - Port Lions 168 27 Voting 330 -Early Absentee By -Mail 33 Questioned Ballots 36 Personal Representative 8 Totals 10,075 2081 -Percentage 21 % 2022 -14% 2023 — 18% 2024 — 17% 2025 — 21 % NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH as follows: Section 1: The Assembly of the Kodiak Island Borough determines the October 7, 2025, was validly held. Section: The following persons received the greatest number of votes cast and are declared elected to office. BOROUGH MAYOR One Seat, Three Year Term Jared Griffin 1079 BOROUGH ASSEMBLY Two Seats, Three Year Terms Jeremiah Gardner 963 Jeffery A. Woods 730 Kodiak Island Borough, Alaska Resolution No. FY2026-09 Page 2 of 3 Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 38 of 80 AGENDA ITEM #14.B.3. 64 SCHOOL BOARD 65 One Seat, Three Year Term Jim Pryor 1529 66 67 BAY VIEW ROAD SERVICE AREA BOARD 68 Two Seats, Three Year Terms Jim Carmichael 25 69 70 FIRE PROTECTION AREA NO. 1 BOARD 71 One Seat, Three Year Term Mike Dolph 724 72 73 74 75 76 77 78 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 MONASHKA BAY ROAD SERVICE AREA BOARD Two Seats, Three Year Terms There were no candidates. The seats will be filled by Assembly appointment. SERVICE AREA NO. 1 BOARD Two Seats, Three Year Terms Jason Bunch 583 Andy Graham (write-in) 32 WOMENS BAY SERVICE AREA BOARD Two Seats, Three Year Terms Billy Ecret 147 Section 3: The Borough Clerk is directed to prepare, sign, and issue Certificates of Election, authenticated with the seal of the Kodiak Island Borough to each person elected to office. Section 4: Effective Date. This resolution is effective upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2025 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Absent: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, Borough Clerk Resolution No. FY2026-09 Page 3 of 3 Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 39 of 80 AGENDA ITEM #14.B.3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CERTIFICATE OF THE ELECTION RESULTS We, the undersigned, duly appointed at the Regular Meeting of September 18, 2025, to serve as Canvass Board judges in the Regular Election of October 7, 2025, do hereby certify that we have examined in detail all votes cast by absentee by -mail, early vote, by -mail voting, questioned, personal representatives, and ballots of votes cast by regular ballots of the Kodiak Island Borough. We have also examined the precincts' certificate of results. Upon completion of the canvass, it is our opinion that the following result as reflected in the attached is true. L Dated this I S t day of October, 2025, at;k ,44 P.M. OFFICIAL SIGNED CERTIFICATE OF ELECTION RESULTS IS ON FILE IN THE OFFICE OF THE BOROUGH CLERK The Kodiak Island Borough held a Regular Election on October 7, 2025, at which time candidates for the following offices were voted on. - Borough Mayor One Seat, Three Year Term Borough Assembly Two Seats, Three Year Terms School Board One Seat, Three Year Terms Bay View Road Service Area Board Two Seats, Three Year Terms Fire Protection Area No. 1 Board One Seat, Three Year Terms Monashka Bay Road Service Area Board Two Seats, Three Year Terms Service Area No. 1 Board Two Seats, Three Year Terms Womens Bay Service Area Board Two Seats, Three Year Term The Canvass Board has completed the canvass of the Regular Election, and has presented the Certificate of Canvass as follows: BOROUGH MAYOR One Seat, Three Year Term Scott Arndt 899 Jared Griffin 1079 BOROUGH ASSEMBLY Two Seats, Three Year Terms Jefferey A. Woods 730 Kristina "KVan" Van Hoogmoed 632 Jeremiah Gardner 963 Caroline Roberts 524 Rob Lindsey 628 SCHOOL BOARD One Seat, Three Year Term Jim Pryor 1529 Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 40 of 80 AGENDA ITEM #14.B.3. 43 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 BAY VIEW ROAD SERVICE AREA BOARD Two Seats, Three Year Terms Jim Carmichael 25 FIRE PROTECTION AREA NO. 1 BOARD One Seat, Three Year Term Mike Dolph 724 MONASHKA BAY ROAD SERVICE AREA BOARD Two Seats, Three Year Terms There were no candidates. The seats will be filled by Assembly appointment. SERVICE AREA NO. 1 BOARD Two Seats, Three Year Terms Jason Bunch 583 Andy Graham (write-in) 32 Dennis Symmons (write-in) 2 WOMENS BAY SERVICE AREA BOARD Two Seats, Three Year Terms Billy Ecret 147 -KIBC 7.30.125 (A)(2) Write-in votes shall not be tallied except if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate whose name is printed on the ballot. Precinct Total Registered Voters Votes Cast 05/800 - Chiniak 131 38 05/810 - Flats 1769 194 05/815 - Larsen Bay (Encompasses Akhiok, Karluk, & Larsen Bay)158 17 05/820 - Kodiak No. 1 2007 370 05/825 - Kodiak No. 2 2066 343 05/830 - Mission Rd 3527 663 05/835 - Old Harbor 113 11 05/840 - Ouzinkie 136 11 05/845 - Port Lions 168 27 Early Voting 330 Absentee By -Mail 33 Questioned Ballots 36 Personal Representative 8 Totals 10,075 2081 Percentage 21 % 2022 -14% 2023 — 18% 2024 — 17% 2025 — 21 % Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 41 of 80 AGENDA ITEM #14.B.3. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, BE IT RESOLVED BY THE CANVASS BOARD OF THE KODIAK ISLAND BOROUGH that the following persons received the greatest number of votes cast during the October 7, 2025, Regular Municipal Election. BOROUGH MAYOR One Seat, Three Year Term Jared Griffin 1079 BOROUGH ASSEMBLY Two Seats, Three Year Terms Jeremiah Gardner 963 Jefferey A. Woods 730 SCHOOLBOARD One Seat, Three Year Term Jim Pryor 1529 BAY VIEW ROAD SERVICE AREA BOARD Two Seats, Three Year Terms Jim Carmichael 25 FIRE PROTECTION AREA NO. 1 BOARD One Seat, Three Year Term Mike Dolph 724 MONASHKA BAY ROAD SERVICE AREA BOARD Two Seats, Three Year Terms There were no candidates. The seats will be filled by Assembly appointment. SERVICE AREA NO. 1 BOARD Two Seats, Three Year Terms Jason Bunch 583 Andy Graham (write-in) 32 WOMENS BAY SERVICE AREA BOARD Two Seats, Three Year Terms Billy Ecret 147 Resolution No. FY2026-09, Ratifying And Certifying The Results Of The Oc... Page 42 of 80 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Child Care Facilities ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2026-11 to public hearing at the next regular meeting of the Assembly. DISCUSSION: Introduction The Planning & Zoning Commission at its regular meeting of September 17, 2025, voted 4 to 0 with three members absent to approve Resolution FY2026-006, which forwards a recommendation of approval to the Assembly for amendments to various sections of Title 17 Zoning, related to childcare uses. The approved resolution is attached to this agenda item. Background Based on concerns expressed by community organizations at the Borough Assembly as well as general concern about a lack of childcare uses within the borough; the Commission directed staff to research the issue and report back to the Commission at a future work session. The Commission conducted three work sessions on this proposed code amendment. The current zoning regulations limit daycare or childcare uses to the UNC, RNC, and RB District. None of the current childcare facilities within the borough exist within these zoning districts. Therefore, Community Development staff obtained the list of current childcare licensed facilities (attached to this agenda item) within the borough to determine current zoning of properties while also looking at the intent of each zoning district to evaluate the zones that best fit the different types of childcare uses. This code amendment was developed based on State of Alaska license requirements and best practices as discussed by many different organizations, such as the American Planning Association. It should be noted that various publications outlined the need for childcare within communities across the country. The code amendment provides locations where these uses can be permitted as a use of right, specifically omitting the conditional use permit process, which has been found as a deterrent to new childcare businesses. In addition, this code amendment strives to minimize the burden on prospective childcare uses, while providing zoning regulations that promote compatibility with existing development. The proposed ordinance provides definitions related to childcare, including definition for childcare facility, in -home and childcare center. Childcare Facility, In -home is a combination of two state listed in -home childcare uses: one for up to 8 children and the other up to 12 children. Childcare uses in excess of 8 children, but less than 12 children requires an additional employee. The other use outlined within the ordinance is childcare center which are facilities with 13 or more children. Kodiak Island Borough Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 43 of 80 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING The proposed code amendment allows childcare facility, in -home as a permitted use within the RR1, RR2, R1, R2, R3, B, RNC, UNC, and RB Districts. Childcare centers are allowed in the R2 and R3 Districts within a non-residential school or church building. The use is also permitted within the B, RNC, UNC, RB, and PL Districts. The proposed code amendment includes parking requirements for both defined uses with an emphasis to limit what is required in order to lessen the financial burden on childcare uses. Based on staff research the primary parking issue for childcare uses is drop-off and pick-up areas, which the proposed amendment addresses. Attached to this agenda statement is a planning document entitled, "Zoning Practice: Creating a Childcare Friendly Community" which provides research and recommended approaches from the American Planning Association to address the childcare crisis that exists throughout the country. This document and other research were important reference documents in the development of this code amendment. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: The Borough Attorney has reviewed the proposed ordinance. Kodiak Island Borough Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 44 of 80 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO CHILD CARE FACILITIES WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an update to the KIB comprehensive plan on December 6, 2007 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff working with the Planning & Zoning Commission reviewed childcare uses both at the local and state level to determine whether a code amendment was needed; and WHEREAS, the KIBC does not define childcare uses in accordance with State of Alaska license requirements and current zoning districts where these uses could be allowed is limited; and WHEREAS, the State of Alaska licenses in -home childcare uses up to 12 children and child care centers for facilities with more than 12 children; and WHEREAS, the Planning and Zoning Commission directed staff to develop a code amendment based on the State of Alaska license requirements and best planning practices; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance with the 2008 comprehensive plan and best planning practices. 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: This code amendment conforms to the following findings Ordinance No. FY2026-11 Page 1 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 45 of 80 AGENDA ITEM #14. C.1. 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 a. This amendment is a public necessity because childcare uses are needed within the borough. b. This amendment is in the general welfare of the community because it provides additional locations in the borough where childcare uses can be permitted. c. Based on research of other jurisdictions in Alaska, State of Alaska license requirements, and general planning research, this amendment conforms to best planning practices. d. This amendment is in general conformance with the goals and objectives of the 2008 comprehensive plan. Section 3: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.25.040 C definitions. "Child" means an individual under 18 years of age, and includes an individual who is a relative of a care provider, administrator, or foster parent; Childcare" means care, supervision, and provision of development opportunities, with or without compensation, to a child who does not have a parent present. "Childcare center" means a childcare facility for 13 or more children. "Childcare facility" means a place where childcare is regularly provided for children under 12 years of age for periods of time that are less than 24 hours in duration, unless specifically authorized by the agency responsible for childcare facilities in the State of Alaska. "Childcare facility, in -home" means a childcare facility, usually in an occupied residence, for up to 12 children. 17.60.020 Permitted uses. (RR2 District) K. Hoop houses; and L. Assisted living home..-; and M. Childcare facility, in -home. 17.70.020 Permitted Uses. (RR1 District) L. Hoop houses; M. Accessory dwelling units (ADUs) (attached); and N. Assisted living home -.Land O. Childcare facility, in -home. 17.75.020 Permitted uses. (R1 District) Ordinance No. FY2026-11 Page 2 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 46 of 80 AGENDA ITEM #14. C.1. 100 .. 101 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet); and 102 103 K. Assisted living home..., and 104 105 L. Childcare facility, in -home 106 107 17.80.020 Permitted use. (R2 District) 108 .. 109 S. Pet services; apd 110 111 T. Assisted living home-- 112 113 U. Childcare center, within a non-residential school or church structure; and 114 115 V. Childcare facility, in -home. 116 117 17.85.020 Permitted uses. (R3 District) 118 .. 119 V. Assisted living facility; and 120 121 W. Assisted living home...i 122 123 X. Childcare center, within a non-residential school or church structure; and 124 125 Y. Childcare facility, in -home. 126 127 17.90.020 Permitted uses. (B District) 128 .. 129 JJ. Pet services; aad 130 131 KK. Assisted living facility...1 132 133 LL. Childcare center; and 134 135 MM. Childcare facility, in -home. 136 137 19.95.020 Permitted principal uses and structures. (RNC District) 138 .. 139 J. Schools/daycare faGili ies; 140 .. 141 O. Motels; and 142 143 P. Pet services..-i 144 145 Q. Childcare center; and 146 147 R. Childcare facility, in -home. 148 149 17.100.020 Permitted principal uses and structures. (UNC District) Ordinance No. FY2026-11 Page 3 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 47 of 80 AGENDA ITEM #14. C.1. 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 G. Schools/daycare facilities; J. Veterinary clinics/animal hospitals; and K. Assisted living facility. L. Childcare center; and M. Childcare facility, in -home. 17.110.020 Permitted principal uses and structures. (RB District) I. Schools/daycare fa,.,rf,oS• N. Marijuana testing facilities; aPA 0. Assisted living facility..- P. Childcare center; and Q. Childcare facility, in -home. 17.130.020 Permitted uses. (PL District) P. Utility installations; aPA Q. Animal shelters -.Land R. Childcare center. 17.175.040 Off-street parking — Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: Table 1. alleys 4 for each alley or lane -Bowling Childcare center 1/2 space per employee, plus 2 drop- off/pick-up spaces. For centers with more than 20 children, an additional drop-off/pickup space is re uired for every 10 additional children. Childcare facility, in -home For residential unit, 3 spaces for unit, space per non-resident employee, and 1 drop-off/pickup space. For commercial structure, % space per em to ee and 2 drop-off/pick-up spaces. Ordinance No. FY2026-11 Page 4 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 48 of 80 AGENDA ITEM #14. C.1. 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 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: Planning and Zoning Commission First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-11 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 5 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 49 of 80 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2026-006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO CHILD CARE FACILITIES AND MAKING A RECOMMENDATION OF APPROVAL TO THE BOROUGH ASSEMBLY. WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an update to the KIB comprehensive plan on December 6, 2007 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff working with the Planning & Zoning Commission reviewed child care uses both at the local and state level to determine whether a code amendment was needed; and WHEREAS, the KIBC does not define child care uses in accordance with State of Alaska license requirements and current zoning districts where these uses could be allowed is limited; and WHEREAS, the State of Alaska licenses in -home child care uses up to 12 children and child care centers for facilities with more than 12 children; and WHEREAS, the Planning and Zoning Commission directed staff to develop a code amendment based on the State of Alaska license requirements and best planning practices; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance with the 2008 comprehensive plan and best planning practices. Planning and Zoning Commission Resolution No. FY2026-006 Page 1 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 50 of 80 AGENDA ITEM #14. C.1. 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 NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THAT: Section 1: The Planning & Zoning Commission recommends approval of this code amendment to Title 17 to the Borough Assembly. Section 2: This code amendment conforms to the following findings: a. This amendment is a public necessity because childcare uses are needed within the borough. b. This amendment is in the general welfare of the community because it provides additional locations in the borough where childcare uses can be permitted. c. Based on research of other jurisdictions in Alaska, State of Alaska license requirements, and general planning research, this amendment conforms to best planning practices. d. This amendment is in general conformance with the goals and objectives of the 2008 comprehensive plan. Section 3: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.25.040 C definitions. "Child" means an individual under 18 years of age, and includes an individual who is a relative of a care provider, administrator, or foster parent; Childcare" means care, supervision, and provision of development opportunities, with or without compensation, to a child who does not have a parent present. "Childcare center" means a childcare facility for 13 or more children. "Childcare facility" means a place where childcare is regularly provided for children under 12 years of age for periods of time that are less than 24 hours in duration, unless specifically authorized by the agency responsible for childcare facilities in the State of Alaska. "Childcare facility, in -home" means a childcare facility, usually in an occupied residence, for up to 12 children. 17.60.020 Permitted uses. (RR2 District) K. Hoop houses; aad L. Assisted living home. -Land Planning and Zoning Commission Resolution No. FY2026-006 Page 2 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 51 of 80 AGENDA ITEM #14. C.1. 89 90 M. Childcare facility, in -home. 91 92 17.70.020 Permitted Uses. (RR1 District) 93 .. 94 L. Hoop houses; 95 96 M. Accessory dwelling units (ADUs) (attached); aPA 97 98 N. Assisted living home -Land 99 100 O. Childcare facility, in -home. 101 102 17.75.020 Permitted uses. (R1 District) 103 .. 104 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet); aPA 105 106 K. Assisted living home -.Land 107 108 L. Childcare facility, in -home 109 110 17.80.020 Permitted use. (R2 District) 111 .. 112 S. Pet services; aAd 113 114 T. Assisted living home-; 115 116 U. Childcare center, within a non-residential school or church structure; and 117 118 V. Childcare facility, in -home. 119 120 17.85.020 Permitted uses. (R3 District) 121 .. 122 V. Assisted living facility; a4;4 123 124 W. Assisted living home-1 125 126 X. Childcare center, within a non-residential school or church structure; and 127 128 Y. Childcare facility, in -home. 129 130 17.90.020 Permitted uses. (B District) 131 .. 132 JJ. Pet services; aPA Planning and Zoning Commission Resolution No. FY2026-006 Page 3 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 52 of 80 AGENDA ITEM #14. C.1. 133 134 KK. Assisted living facility-.1 135 136 ILL. Childcare center; and 137 138 MM. Childcare facility, in -home. 139 140 19.95.020 Permitted principal uses and structures. (RNC District) 141 .. 142 J. SchoolsidayGaFe fadlities; 143 .. 144 0. Motels; aad 145 146 P. Pet services-.1 147 148 Q. Childcare center; and 149 150 R. Childcare facility, in -home. 151 152 17.100.020 Permitted principal uses and structures. (UNC District) 153 .. 154 G. SchoolsidayGare facilities; 155 .. 156 J. Veterinary clinics/animal hospitals; and 157 158 K. Assisted living facility. 159 160 L. Childcare center; and 161 162 M. Childcare facility, in -home. 163 164 17.110.020 Permitted principal uses and structures. (RB District) 165 .. 166 I. SchoolsdayGaFe faGilltdeS; 167 .. 168 N. Marijuana testing facilities; aPA 169 170 0. Assisted living facility...1 171 172 P. Childcare center; and 173 174 Q. Childcare facility, in -home. 175 176 17.130.020 Permitted uses. (PL District) Planning and Zoning Commission Resolution No. FY2026-006 Page 4 of 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 53 of 80 AGENDA ITEM #14. C.1. 177 178 P. Utility installations; aad 179 180 Q. Animal shelters. -Land 181 182 R. Childcare center. 183 184 17.175.040 Off-street parking — Number of spaces required. 185 186 A. The required number of off-street parking spaces to be provided will be determined as follows: 187 188 Table 1. 189 190 191 Effective Date: This ordinance takes effect upon adoption. 192 193 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 194 THIS 17TH DAY OF SEPTEMBER, 2025 195 196 KODIAK ISLAND BOROUGH ATTEST: 197198 199 �vat& U 200 _1,'ara-Fra5e , Chairperson Hailee Wallace, Secretary III 201 GGF�- M2-f�7 202 203 VOTES: 204 Ayes: 205 Noes: Planning and Zoning Commission Resolution No. FY2026-006 Page 5 of 5 Bowling alleys 4 for each alley or lane Childcare center '/2 space per employee, plus 2 drop- off/pick-up spaces. For centers with more than 20 children, an additional drop-off/pickup space is required for every 10 additional children. Childcare facility, in -home For residential unit, 3 spaces for unit, space per non-resident employee, and 1 drop-off/pickup space. For commercial structure, '/z space per employee and 2drnp-off/pick-up spaces. Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 54 of 80 Facility Name Facility Type Description Address Zone Hours of Operation capacity ALBA O'S CHILD CARE Licensed Home 1018 Thorsheim St R1 Mon -Sun 12:00am-11:59pm 8 MAMA'S DAYCARE Licensed Home 1312 Baranof St R1 Mon -Sun 12:00am-11:59pm 8 KODIAK BAPTIST MISSION Licensed Center 1944 E. Rezanof Dr R2 M-F 7:30am-5:30pm 105 PATY'S DAY CARE Licensed Home 1422 Mission Rd R3 Mon -Sun 6:00am-10:00pm 8 BERSABE DAYCARE Licensed Group Home 410 Willow St R2 Mon -Sun 12:00am-11:59pm 12 AGUILAR DAY CARE Licensed Home 1614 Selief Ln R2 Mon -Sun 12:00am-11:59pm 6 HAGUIT'S DAY CARE Licensed Home 1012 Hemlock St R1 Mon -Sun 6:00am-10:00pm 7 FORTALIZA'S DAYCARE Licensed Home 1617 Simeonof St R1 Mon -Sat 6:00am-9:30pm 8 JULIET'S DAYCARE Licensed Home 1016Thorsheim St R1 Mon -Sun 12:00am-11:59pm 8 RIVER OF LIFE CHRISTIAN DAYCARE CENTER Licensed Center 2050 Selief Ln R2 M-F 7:30am-5:30pm 30 ALUTIINGCUT CHILD CARE CENTER Licensed Center 2932 Mill Bay Rd R2 M-F 7:30am-5:30pm 60 0 Cn Cn 0 00 0 AGENDA ITEM #14. C.1. JUNE 2025 1 VOL. 42, NO. 6 ZONING PRACTIC Unique Insights I Innovative Approaches I Practical Solutions Creating Childcare - Friendly In this Issue: The Childcare Crisis A Challenging Regulatory Landscape Child- care -Friendly Zoning I Complimentary Actions I Childcare Readiness Collaboration Small Changes, Big Impacts Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 56 of 80 AGENDA ITEM #14. C.1. Figure 1. Amount of income spent on childcare (Source: CCE 2025) Creating a Childcare - Friendly Community By Lauren Sayre, AMP, and Ashley Jankowski Access to affordable, high -quality childcare is vital to a child's health and well-being and a family's financial stabil- ity. Childcare allows parents to remain in school or the workforce and generate needed income and healthcare coverage with the confidence that their children are receiving safe, first-rate care and develop- mental support. Furthermore, childcare is necessary for the economic resiliency of entire communities. Despite its importance, affordable and accessible childcare options remain out of reach for many families across the country. This is due, in part, to the fact that the supply of childcare facilities simply does not meet the growing demand. While overly restrictive zoning may not be the primary cause of this shortage, local regu- lations can present significant barriers for prospective operators. This issue of Zoning Practice explores how zoning reforms and other com- plementary actions can foster a more supportive environment for childcare facil- ities. It begins with brief overviews of the ongoing childcare crisis and the regulatory landscape for childcare facilities before outlining the key components of a child- care -friendly approach to zoning. The Childcare Crisis More than half of children in Amer- ica —particularly those from low- and middle -income, Hispanic, and rural com- munities —live in a childcare desert, which is a census tract with more than 50 chil- dren under age five that contains either no childcare providers or so few options that there are more than three times as many children as licensed childcare slots (CAP 2020). The impacts of this ongoing childcare crisis are often felt most acutely by low- and middle -income families, where it is likely more affordable for a parent or guardian to step out of the workforce entirely to care take. Costs for Parents and Communities Even in places where childcare options are present, these options can remain finan- cially out of reach. In 2021, 85 percent of families spent more than 10 percent of their income on childcare (CCE 2025). For comparison, the Michigan Department of Health and Human Services deems hous- ing costs affordable if they are capped at just 7 percent of household income F( ig- ure 1). Childcare costs regularly exceed the cost of housing, straining the budgets of working families everywhere. A separate 85% OF FAMILIES SPEND MORE THAN 10% OF THEIR INCOME ON CHILDCARE Zoning Practice I American Planning Association I June 2025 2 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 57 of 80 AGENDA ITEM #14. C.1. Has been late to work or left early Reduced regular working hours Had pay or hours reduced Changed from full-time to part-time Has been let go or fired 1 Figure 2. Percentage of poll respondents' impact of insufficient and costly childcare (Source: Bishop 2023) $78 BILLION Lost Household Income ...because earnings are forgone after reducing hours or pay to care for children. $21 BILLION Lost Income and Sales Tax ...because parents without enough childcare earn less and consume less in their communities. $23 BILLION Lost Business Revenue ...because of hiring costs associated with parents leaving the workforce and lower working hours. Figure 3. Revenues lost due to lack of childcare (Source: Bishop 2023) study from the Economy Policy Institute reported that, in 2023, childcare costs exceeded college tuition costs in 38 states and the District of Columbia (EPI 2025). The lack of affordable and accessible childcare has caused significant interrup- tions for working parents and caregivers across the board. In a 2022 survey of working parents with young children, 64 percent of respondents reported that childcare gaps caused them to arrive late or leave early from work, 44 percent reported reduced working hours, 37 per- cent reported they experienced reduced pay or hours, and 33 percent reported they had to change from full-time to part- time work (Bishop 2023). Furthermore, 23 percent reported they have been let go or fired because they needed to provide their own childcare coverage (Figure 2). And the cost borne by families in making these decisions is significant. In 2022, $78 billion was lost in household income, as earnings were forgone after parents reduced their hours or pay to care for children (Figure 3; Bishop 2023). Together, these lofty price tags and large- scale income reductions can serve to decrease social mobility and reinforce the cycle of poverty by limiting parents' ability to pay for food, medical, and educational expenses, and to build wealth during their prime working years. Access to childcare is not only a family concern; childcare is necessary for the economic resiliency of entire communities. It facilitates educational attainment and participation in the workforce, especially by women, and allows parents to reliably contribute to and consume within their local economy. Businesses benefit from childcare, as it enables them to recruit and retain top talent. Access to childcare ensures that employees can more readily meet job requirements with fewer rea- sons to miss or reduce work. Further, the childcare industry directly provides thou- sands of jobs to local employees. In 2022, the gap between childcare supply and demand resulted in a combined $21 bil- lion in lost income and sales tax, and $23 billion in lost business revenue (Bishop 2023). Zoning Practice I American Planning Association I June 2025 3 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 58 of 80 AGENDA ITEM #14. C.1. Challenges to the Provision of Childcare Locally, developing a childcare site and acquiring the necessary permits and business license can be a daunting and cost -prohibitive process for new busi- ness owners. Further, as commercial rents, construction costs, and the prices of everyday items skyrocket around the country, up -front capital requirements and monthly operational costs will continue to rise. Despite these growing expenses, childcare is met with significant underin- vestment. While primary and secondary educational institutions usually receive governmental support, childcare facili- ties are often private and for -profit, and therefore do not receive the same level of public financial support or subsidy. With- out intentional and sustained policy and investment, all business -level expenses associated with owning and operating a childcare facility are borne by small busi- ness owners, staff, and families. Commercial childcare facilities and their available licensed childcare slots also rely on an adequate supply of well -trained childcare educators. These essential roles require significant training and the acquisition of numerous credentials and often involve more educational and phys- ical caretaking responsibility than that of a teacher. However, the number of childcare educators is rapidly declining as low wages and limited benefit pack- ages remain unlivable for professionals, especially in areas with a high cost of liv- ing. While offering competitive, equitable wages for childcare educators is a neces- sary step forward in addressing the crisis, this would serve to increase the cost of childcare even further. Evidently, the childcare crisis is a wicked problem —and it is important to understand how planning and zoning can play a role in addressing it. A Challenging Regulatory Landscape While the specific definitions and stan- dards for types of childcare facilities vary by state, there are two basic catego- ries: in -home childcare and commercial childcare. These categories have dif- ferent licensing, operating, and facility requirements as well as different upfront and operational costs. Both in -home childcare facilities and commercial childcare facilities are carefully regulated by the states in which they are situated. While a robust regulatory frame- work ensures safety and quality care for children as well as protections for child- care educators, the current framework poses significant financial and procedural barriers that unintentionally serve to limit the supply and increase the cost of child- care facilities. In -Home Childcare In -home childcare provides care for small groups of children within the business owner's primary residence in an intimate, home -like setting. The facility is typically staffed by one or two certified caregivers and are often favored due to their ability to offer nontraditional hours for parents with variable work schedules and lower childcare fees. In -home childcare facili- ties are usually state -licensed, with some exceptions for caregiving to family mem- bers, and regulated to limit the number of children permitted in the home at a time. These childcare facilities are typically located in residential districts and tend to seamlessly blend into the fabric of a neigh- borhood. An in -home childcare facility in Chicago (Credit. David Morley) Zoning Practice I American Planning Association I June 2025 4 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 59 of 80 AGENDA ITEM #14. C.1. A commercial childcare facility in Grand Ledge, Michigan (Credit. Ken Desloover/ iStock Editorial/ Getty Images Plus) Throughout the United States, in -home childcare may be referred to by the following terms: family/group childcare homes, family/group daycare homes, large family childcare homes, small family child- care homes, child development homes, family childcare learning homes, childcare homes, drop -in family childcare homes, part-time family childcare homes, school - age family childcare homes, and more. Commercial Childcare Commercial childcare provides care for groups of children of all ages who are unrelated to the business owner. These children are often placed in classroom -like environments by age with numerous staff members who provide caretaking and educational support. Commercial child- care facilities are managed by a center director, who oversees the program and its staff, but can be operated by private owners, for -profit chains, government agencies, public schools, or nonprofit enti- ties, such as faith -based organizations and community organizations. These facilities usually offer full-time childcare services and do not include offerings such as youth religion classes, athletic activities, or social groups. Commercial childcare facilities are typically licensed, but some states offer exemptions for specific ownership entities. In most cases, they are located in com- mercial buildings as a primary use or as an accessory use to another nonresidential use and are often found in commercial or mixed -use districts. Throughout the United States, com- mercial childcare may be referred to by the following terms: childcare center, daycare center, infant care center, toddler child- care center, early care and education, child development center, childcare learn- ing center, early head start center, head start center, nursery schools, preschools, drop -in centers, early childhood programs, and more. State and Local Licensing Across the country, licensing is the main mechanism through which the U.S. reg- ulates childcare. This multi -step process is carried out at the state or local level and serves to set and enforce minimum health and safety requirements that child- care programs, their facilities, and their hired childcare educators must meet to legally operate. For example, to receive a license, a childcare facility must carry out background checks and thorough training programs for all childcare educators, and its building must meet all building codes, sanitation and occupancy standards, and emergency planning requirements. For the most part, these health and safety licens- ing components are fair and successfully function to promote security and well-be- ing for all children. However, licensing itself is a lengthy and expensive process. Zoning Practice I American Planning Association I June 2025 5 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 60 of 80 AGENDA ITEM #14. C.1. Most license applications require sig- nificant proof of childcare training, medical testing and clearance, a documented business plan including curricular items, internal policies and procedures, emer- gency plans, and more. Even as a qualified childcare educator, in some states, licen- sure is dependent on selecting a potential site for the childcare facility, receiving zoning approval, and eventually passing inspections, which all add additional regu- latory complications. Obtaining a license is just the first step for a childcare facility —regulatory require- ments continue well beyond that point. To maintain licensure, providers must fulfill ongoing obligations, including regu- lar training sessions, routine inspections, and consistent documentation. These requirements ensure that childcare facili- ties uphold safety, quality, and compliance standards, but they also add a significant administrative burden that providers must navigate continuously. Local Zoning Recognizing the highly regulated nature of the childcare industry is essential when considering its intersection with zoning regulations. While zoning standards may not be the most complex requirements that operators must meet, these stan- dards play a fundamental role in the siting and occupancy of childcare facilities. For example, if a childcare facility is prohib- ited —either outright or through overly restrictive standards —then compliance with other regulations becomes irrelevant. Ensuring that zoning regulations allow for and actively support childcare is a crucial first step in expanding access. A review of multiple municipal zoning ordinances across Michigan revealed sev- eral key areas that often create barriers to childcare development. These include ambiguous (or absent) use definitions, overly restrictive use permissions, and infeasible use standards. A well-informed approach to zoning can help create a more supportive environment for childcare facilities, ensuring that regulatory frame- works work together to expand access rather than hinder it. Childcare -Friendly Zoning Communities can make the biggest impact on childcare development by proactively reviewing and updating their zoning ordinances. Importantly, zon- ing for childcare often directly parallels broader zoning best practices aimed at encouraging accessible and user-friendly ordinances, promoting mixed -use devel- opment, and supporting small businesses. Strategies such as permitting by -right uses, reducing parking requirements, and minimizing unnecessary use standards not only benefit childcare facilities but also contribute to more flexible, efficient, and sustainable zoning regulations. Clear and Precise Definitions Clear and precise definitions in zoning ordinances are essential for consis- tent interpretation and application of regulations. They ensure that all stakehold- ers —municipal officials, developers, and residents —share a common understand- ing of key terms, reducing ambiguity and preventing misinterpretation. Well-defined terms for childcare facilities help eliminate confusion regarding their classification, and distinguishing between different types of childcare operations ensures that appropriate zoning provisions are applied. This clarity promotes more efficient deck sion-making, reduces potential disputes, and fosters a regulatory environment that supports childcare development. When reviewing a zoning ordinance, a community should first ensure that defi- nitions for childcare facilities are clearly established. These definitions should be specific and categorized by facility type, such as in -home or commercial, to Zoning Practice I American Planning Association I June 2025 6 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 61 of 80 AGENDA ITEM #14. C.1. eliminate ambiguity. The classification of childcare facilities depends on state licens- ing regulations, and each definition should align with the terminology used by the state licensing authority to ensure consis- tency, clarity, and regulatory compliance. By -Right Use Permissions Zoning districts generally restrict devel- opment to specific permitted uses. Many communities face childcare deserts, where zoning restrictions limit the availabil- ity of providers. By allowing commercial childcare facilities as a by -right use, municipalities and counties can streamline the approval process, eliminating lengthy and costly special permits or variance requirements that often deter new facili- ties from opening. Additionally, integrating childcare into commercial, residential, and mixed -use areas promotes walkable, family -friendly communities, aligning with modern land use goals that prioritize essential services. Broadening the zoning districts where childcare facilities are allowed by right will help remove unnecessary barriers and increase access to quality child- care options. Many states mandate that in -home childcare must be permitted by right in residential districts. However, even if this is not a state requirement, communi- ties should ensure that in -home childcare facilities are permitted by right in all resi- dential districts. As communities grow, enabling the colocation of childcare facilities within existing or new commercial, industrial, institutional, or educational sites can pro- vide families with more convenient options while maximizing land use efficiency. Inte- grating childcare into workplaces, schools, and community centers supports work- ing parents, enhances accessibility, and fosters economic growth. These actions collectively create a more childcare -friendly zoning framework, making it easier for providers to establish and expand services where they are needed most. Reasonable Use Standards Use standards are a category of zoning regulations that impose specific condi- tions or requirements on particular types of land uses, typically with the intent of mitigating any potential negative impacts on surrounding properties. These regula- tions can include provisions related to site design, operational constraints, or addi- tional approval processes that go beyond general zoning requirements. While use standards are often implemented with the goal of protecting neighboring properties and ensuring compatibility between differ- ent land uses, they can sometimes create unintended barriers, particularly for essen- tial services such as childcare facilities. For childcare providers, zoning use standards can introduce additional hur- dles that make it more difficult and costly to establish or expand operations. In many cases, these regulations impose requirements that exceed what is applied to similar uses, despite the fact that state licensing requirements already include stringent health and safety standards. By evaluating and revising these zoning standards, communities have the opportunity to reduce unnecessary barriers and support the expansion of childcare facilities. Eliminating excessive requirements that go beyond what is nec- essary for health and safety can improve the economic feasibility of opening and maintaining childcare facilities, particu- larly in areas where access to childcare is already limited. Since childcare facilities are already subject to rigorous oversight through state licensing and regulatory agencies, reducing overly restrictive zoning requirements does not compromise the well-being of children or the surround- ing community. Instead, it helps create a more balanced regulatory approach that acknowledges the vital role of childcare services while maintaining appropriate safeguards. Zoning Practice I American Planning Association I June 2025 7 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 62 of 80 AGENDA ITEM #14. C.1. Parking Minimums Parking minimums can also pose chal- lenges, particularly in urban areas with limited available space. These standards may include requiring parking spaces in excess of parking necessary or mandating extensive drop-off/pick-up stacking areas, particularly for in -home childcare facilities. Lighting Communities often assume that childcare facilities require heightened security mea- sures, leading to regulations that impose stricter standards than those applied to other uses within the same zoning district. One common example is lighting require- ments, which may be set at a significantly higher level than what is mandated for similar establishments. While safety and security are essential considerations, overly stringent lighting standards can place an unnecessary financial burden on childcare providers and create barriers to establishing or expanding facilities. Commercial Childcare Hours of Operation Ordinances that restrict the hours during which a childcare facility can operate — such as limiting hours from 6 a.m. to 10 p.m. or capping the duration of daily oper- ations —can be particularly problematic for families that rely on childcare services outside of standard work hours. Outdoor Space Outdoor space requirements that exceed state minimums can create unnecessary financial burdens and can make childcare facilities spatially infeasible. For example, in many local Michigan zoning ordinances, the requirements for outdoor space were 350 percent above the state licensing requirement for in -home childcare and 417 percent above the state licensing require- ment for commercial childcare (Figure 4). These standards are arbitrary num- bers that communities think will ensure a healthy environment for children but are not based on data or research and, as a result, impose an overly restrictive require- ment on childcare providers. In -Home Childcare IFigure 4. Michigan childcare licensing versus common local zoning requirements for outdoor space (Credit. McKenna) ■Common Zoning Requirements for Minimum Outdoor Space ■Michigan Childcare Licensing Requirements for Minimum Outdoor Space Zoning Practice I American Planning Association I June 2025 8 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 63 of 80 AGENDA ITEM #14. C.1. Figure 5. The potential effects of restrictive location requirements on childcare facility siting opportunities (Credit: McKenna) Screening Childcare is sometimes mistakenly viewed as a nuisance use, leading communities to impose strict screening requirements. These regulations often mandate expen- sive measures, such as masonry walls or full -lot screening, rather than focusing on screening outdoor play areas where secu- rity is most needed. While the goal is to enhance safety and minimize potential off - site impacts, such rigid requirements can create unnecessary financial burdens for childcare providers. Buffering or Separation Standards Restrictive location requirements —such as permitting childcare facilities only on major thoroughfares, corner lots, or at a specific distance from other facilities —can significantly reduce their feasibility within a community Fi ure 5 J. This is especially important for in -home childcare, as many homes are not situated on major roads or corner lots, meaning such requirements could entirely prevent them from obtain- ing childcare licensure. Further, even if a potential childcare facility meets all zoning -ordinance -required buffering and separation standards, they still must navi- gate the complexities of licensure. Signs Signage restrictions are common in resi- dential districts, making in -home childcare providers particularly vulnerable to these limitations. Completely prohibiting signage can have unintended consequences, mak- ing it more difficult for parents, visitors, and emergency personnel to locate the facility. Allowing appropriately sized and designed signage can help ensure visibility while maintaining the residential character of the neighborhood. Noise Noise restrictions in zoning ordinances are typically classified as either perfor- mance standards or nuisance standards, depending on how they are enforced. For example, regulations that limit noise based on time of day fall under nuisance stan- dards, while those that set specific decibel limits are considered performance stan- dards. These approaches are intended to ensure that businesses operate without creating significant disturbances. How- ever, some ordinances impose additional noise thresholds or time -based restrictions specifically on childcare facilities —stan- dards not applied to comparable land 240' ss' 240' 840' NON A•N NN' A'� o�y�.: v�NnrA, �'Pr p. DNA' .�qN °`NNw Y� �°N•NAr NA,�l✓ .. ��d✓ Nv pr wN A' A'A;q+' NA'A' N. •O'A, . °+ pr p, N Y. b• q- A•NN Ar a � A, Ar Childcare �4?0 h� Facility Allowed fir: Not Allowed - Lack of major 50, 2 thoroughfare access Not Allowed - Within 1500 ft from 60, 120' other state licensed residential facility 5tice a�50d oPa tie��o �a Must be located along a major thoroughfare Zoning Practice I American Planning Association I June 2025 9 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 64 of 80 AGENDA ITEM #14. C.1. uses —which can create undue burdens for providers and hinder their ability to operate effectively. Design Standards Discretionary design standards lack spe- cific, objective criteria and instead rely on the judgment of municipal staff, boards, or commissions for approval. While these standards are often intended to allow flexibility and maintain community char- acter, their subjective nature can lead to inconsistent interpretations, favoritism, and uneven application. For childcare provid- ers, this uncertainty can create significant barriers to opening or expanding facilities. For example, vague requirements that a building's design must reflect the "charac- ter" of a neighborhood can be interpreted in multiple ways, resulting in delays or added costs. Establishing clear, objective design standards can promote a more transparent, equitable, and predictable approval process for childcare facilities. Meaningful Incentives Eliminating obstacles to opening and operating childcare facilities is an import- ant first step, but communities can go further by actively encouraging childcare development. One effective approach is the use of zoning incentives —non -financial tools that municipalities and counties can implement to promote specific types of development. These incentives create a more supportive regulatory environment, making it easier for childcare facilities to establish and thrive within the community. There are several ways that childcare incentives can be nested into a commu- nity's zoning ordinance. One of the most effective strategies is offering density bonuses, which allow developers to build additional residential or commercial units if they include childcare facilities in their projects. By integrating childcare into new developments, communities can create more accessible options for families while incentivizing developers to contribute to public needs. Another approach is to adjust dimensional standards to help childcare providers optimize available space, espe- cially in urban or high -demand areas where large parcels are limited. To encour- age childcare development, communities can reduce setback requirements to allow commercial childcare in smaller or nontraditional spaces, adjust lot size and coverage rules to accommodate facilities jurisdiction Austin, TX Zoning Incentive Summary In the downtown, a project may achieve bonus area by providing daycare services within the project. (§25-2-586(E)(3)) Lewiston, ME Parking and drop-off requirements for a proposed childcare facility may be reduced if lower demand is demonstrated through transit use or a traffic engineer's report comparing similar facilities, subject to city review. (Appendix A §XI1.20.3.iii) Orlando, FL In the office, residential, mixed office -residential, mixed -use, and activity center districts, a density bonus or FAR bonus is offered for the inclusion of public goods and services, which explicitly includes child daycare centers. (§58.1103(b) Porterville, CA The city will grant a density bonus or additional incentive for housing developments that include a childcare facility, with conditions requiring the facility to remain operational as long as the affordable housing and serve a proportionate percentage of children from low-income households, unless adequate childcare facilities already exist in the community. 3(6 02.04) Seattle, WA In the downtown, developers may receive bonus floor area by voluntarily entering into an agreement with the city, which can be fulfilled through building affordable housing or childcare facilities (the performance option), making a cash contribution to the city (the payment option), or a combination of both. (§23.49.012) Examples of Zoning Incentives for Childcare Facilities I Zoning Practice I American Planning Association I June 2025 10 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 65 of 80 AGENDA ITEM #14. C.1. in high -demand areas, and provide flexi- ble parking requirements for commercial childcare facilities in mixed -use devel- opments or transit -friendly locations. Additionally, increasing height limits or floor area ratios (FAR) can encourage childcare integration into multistory buildings. By modifying these standards, zoning ordi- nances can help expand childcare access while making better use of available land and existing infrastructure. Complimentary Actions Although the zoning ordinance is the pri- mary local regulatory tool, communities also have control over additional policies and processes that, when aligned with zoning changes, can help streamline and encourage the development of childcare facilities. Certain processes, such as development approvals, are often outlined within the zoning ordinance itself, meaning additional amendments may be necessary to ensure alignment. As previously discussed, allowing childcare facilities as permitted uses rather than requiring special land use approval helps streamline the process for childcare providers, eliminating the need for an additional approval that could take months in some communities. If special land use approval is required, delegating final approval authority to the planning com- mission, rather than the governing body, is recommended, as it shortens the timeline and reduces the time and financial burden on providers. Another way to alleviate administrative, financial burdens for childcare providers is to waive or reduce application fees asso- ciated with development approvals. This can include fees for site plans, special land use permits, variance requests, and business licenses. High application costs can be a significant barrier, particularly for small, independent, or in -home childcare providers who may have limited financial resources. By reducing or eliminating these fees, communities can make it more feasible for providers to navigate the reg- ulatory process, ultimately encouraging more childcare facilities to open and oper- ate successfully. Some communities impose addi- tional investigation or annual licensing requirements specifically for childcare facilities, separate from a standard busi- ness license. These extra regulations are not only restrictive but also redundant, as childcare facilities are already subject to state licensing requirements. Local staff typically lack the expertise to verify com- pliance with childcare regulations, making these local requirements unnecessary. Additionally, annual licensing regulations often mirror initial investigation require- ments but must be repeated yearly, creating an ongoing administrative burden. Both processes are usually accompanied by fees, adding yet another financial hurdle for providers. Accepting licensure from the appropriate childcare licensing authority should be sufficient, eliminating unnec- essary bureaucracy while still ensuring compliance with essential safety and oper- ational standards. Childcare Readiness Collaboration In the long term, planners should be setting their sights on fostering the local and regional relationships necessary to address childcare at a systems -wide scale. Fortunately, there are cross -disci- plinary teams of planners, policymakers, and childcare advocates that are currently coming together to begin untangling the complex social, economic, and political drivers behind the crisis —and the results are encouraging. Two examples from Michigan show what this can look like in practice. Redevelopment Ready Communities Childcare Readiness Toolkit While there have been many local and regional efforts to address the planning Zoning Practice I American Planning Association I June 2025 11 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 66 of 80 AGENDA ITEM #14. C.1. and zoning barriers to childcare, the Mich- igan Economic Development Corporation (MEDC) took a leading role in addressing the issue statewide. According to Michelle Parkkonen, AICP, EDFP, Managing Director of the Technical Assistance Programs at MEDC, "the childcare crisis is a multifac- eted and evolving issue. To continue to deliver on the state's Make It in Michigan economic development strategy, MEDC recognizes that quality, affordable child- care is vital to community health and long-term prosperity." Parkkonen notes, "childcare is an economic development issue, and we need to rely on our deep bench of partners to find solutions that work for our unique communities across the state." This commitment led to the devel- opment of the Redevelopment Ready Communities (RCC) Child Care Read- iness Toolkit, which provides Michigan communities with essential resources and guidance to strengthen partnerships, refine planning processes, integrate eco- nomic development strategies, and adjust zoning regulations —ultimately facilitating the growth and expansion of childcare facilities. The toolkit is the product of cross -sector collaboration, involving Pulse at the Upjohn Institute, the cities of Battle Creek and Kalamazoo, the Early Child- hood Investment Corporation, Policy Equity Group, the Michigan Department of Lifelong Education, Advancement, and Potential, the Michigan Association of Planning, and McKenna, underscoring the critical role of strategic partnerships in addressing the childcare crisis. Childcare SPARS in Marquette County, Michigan Marquette County's award -winning Child- care SPARK program is actively gathering expertise from business development, childcare operations, and childhood devel- opment organizations to lead a business accelerator model to help local entrepre- neurs understand, launch, operate, and grow home -based childcare businesses. This program has also been recognized by the Michigan Association of Planning (Ger- main 2023). Similar strategic partnerships can be formed to tackle state -specific reg- ulatory and zoning barriers, and to expand childcare readiness urgently and creatively. Small Changes, Big Impacts While the childcare crisis is a systemic problem that will take coordinated, sus- tained action from decision makers at all levels of government as well as the private sector, planners should not be deterred from taking immediate action; the stakes are too high. Across the country, individual planners can begin to promote childcare readiness at the local level. In the short-term, planners must begin to solicit buy -in from local administrations by advocating for these zoning and pro- cedural recommendations as a means of ensuring economic mobility and security for local families, fortifying the local econ- omy, and preparing the next generation of students and leaders with top -tier education and developmental support. As a start, planners can conduct some preliminary research to understand their locality's childcare needs. For example, by using census data, planners can seek out the current and projected number of infant children and young families in a commu- nity and compare that with the supply of childcare facilities available. Further anal- ysis can be conducted on the locations of childcare facilities as they pertain to spe- cific land -uses and public transit routes to assess their convenience and accessibility. Planners can also take the time to conduct a preliminary self -audit of a zoning ordinance and site development procedures and assess these tools for childcare barriers and opportunities. As a reminder, all types of childcare facilities — including in -home childcare facilities and commercial childcare facilities —should be clearly defined, differentiated, and permitted by -right in an expanded num- ber of districts, with a particular focus on integrating childcare near and within neighborhoods, work places, and com- munity facilities. Use standards —such Zoning Practice I American Planning Association I June 2025 12 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 67 of 80 AGENDA ITEM #14. C.1. as hours of operation, fencing, and park- ing —should also be evaluated for their potential to hinder a childcare business. Communities might also consider offering zoning incentives such as square footage bonuses or increases to dimensional stan- dards for the inclusion of childcare facilities on a site. Planners can also assess a community's development review process for opportunities to reduce time and waive application, investigation, and business licensing fees for childcare business own- ers. While these planning and zoning changes may feel small, they can have outsized impacts that reverberate through- out the economy and improve the lives of communities everywhere. Acknowledgements: We sin- cerely thank the Michigan Economic Development Corporation, Pulse at the W.E. Upjohn Institute for Employment Research, and the Michigan Chapter of the American Planning Association for their ongoing support and collaboration in addressing the role of planning and zoning in the childcare crisis, as well as for their thoughtful review of this article. About the Authors Lauren Sayre, AcP, is a Senior Planner at McKenna, supporting communities across the Midwest in planning, zoning, and childcare readiness initiatives. She works with municipalities to assess zoning for childcare accessibility and has partnered, through McKenna, with MEDC and MAP, to develop a statewide childcare readiness toolkit. Sayre is passionate about creating safer, more efficient, and equitable systems that reflect community aspirations. Ashley Jankowski is an Associate .r Planner at McKenna. She currently works in collaboration y� with communities across the Midwest to uplift and realize a local visions for the future while creating sustainable, equitable, and economically resilient places to call home. Jankowski has an interdisciplinary background in urban sustainability and local journalism and believes in finding creative opportunities to engage new voices in planning through storytelling. Zoning Practice I American Planning Association I June 2025 13 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 68 of 80 AGENDA ITEM #14. C.1. References and Resources Care.com editors (CCE). 2025. "2025 Cost of Care Report." Care.com, January 29. Bishop, Sandra. 2023. $122 Billion: The Growing, Annual Cost of the Infant -Toddler Childcare Crisis. Washington, DC: Council for a Strong America. Center for American Progress (CAP). 2020. U.S. Child Care Deserts. Economic Policy Institute (EPI). 2025. Child Care Costs in the United States. Germain, Christoper. 2023. "From Community Need to Opportunity: Marquette County Child Care SPARK Pro- gram." Michigan Planner, July/August. ZONING PRACTICE JUNE 20251 VOL. 42, NO. 6. Zoning Practice (ISSN 1548-0135) is a monthly publication of the American Planning Association. Joel Albizo, FASAE, CAE, Chief Executive Officer; Petra Hurtado, PHD, Chief Foresight and Knowledge Officer; David Morley, American Planning Association AMP, Editor; Scarlet Andrzejczak, Assistant Editor. Subscriptions are available for $65 (individuals) and $120 (organizations). © 2025 by the American Planning Association, 200 Creatina Great Communities for All E. Randolph St., Suite 6900, Chicago, IL 60601-6909; planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means without permission in writing from APA. Zoning Practice I American Planning Association I June 2025 14 Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Boro... Page 69 of 80 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Administration Of Oath Of Office To Newly Elected Officials ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The Clerk will administer the Oath of Office to the newly elected Mayor Jarred Griffin and Assembly members Jeremiah Gardner and Jeffery A. Woods. DISCUSSION: KIBC 2.25.030 dictates that before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. KIBC 2.25.020 states that the term of an assembly member is three years or until a successor is selected and qualified. The regular term of office begins on the first Monday following a certification of the election and upon taking an oath of office. The newly elected officials will officially take office on Monday, October 20. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Administration Of Oath Of Office To Newly Elected Officials Page 70 of 80 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Presentation To Outgoing Elected Officials ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The Kodiak Island Borough recognizes outgoing elected officials for their service. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Presentation To Outgoing Elected Officials Page 71 of 80 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Appointment To The Kodiak Island Borough Assembly ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: RECOMMENDATIONS: 1. Move to open nominations. When passed, declare nominations open. 2. One or more members may nominate persons for the Assembly seat. 3. Move to close the nominations. If approved, proceed to balloting. If the Assembly wishes to convene into executive session, the recommended motion is: Move to convene into executive session to discuss evaluation of the Assembly applicants, a matter which might include a discussion that could potentially prejudice the reputation and character of the applicants. DISCUSSION: KIBC 2.25.060D. In Appointing a person from amongst the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(B) for the election of the deputy presiding officer. KIBC 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner. 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate or candidates, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. KIBC 2.30.070F. The vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. ALTERNATIVES: FISCAL IMPACT: Kodiak Island Borough Appointment To The Kodiak Island Borough Assembly Page 72 of 80 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING OTHER INFORMATION: The Assembly is entitled to go into executive session to evaluate the candidates to the Assembly. This subject qualifies for an executive session as it is a topic of which tends to prejudice a person's reputation of character. The candidates were noticed and were given the opportunity to request public discussion. Applicants must be qualified voters and residents of the borough for a minimum of one year at the time of filing. Applicants may not hold any other compensated borough office, borough employment, or elected position in the state or federal government while in office. The Alaska Statute (AS. 29.20.180) is the same process as K/B 2.25.060 2.25.060 Declaring and filling vacancies. C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. Kodiak Island Borough Appointment To The Kodiak Island Borough Assembly Page 73 of 80 AGENDA ITEM #14.D.4. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Administration Of Oath Of Office To Newly Appointed Assembly Member ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The Clerk will administer the Oath of Office to the newly appointed Assembly Member. DISCUSSION: The Borough Clerk will administer the Oath of Office to the newly elected official and the official will take office immediately. Kodiak Island Borough Code 2.25.030 Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Administration Of Oath Of Office To Newly Appointed Assembly Member Page 74 of 80 AGENDA ITEM #14.D.4. Kodiak Island Borough OFFICE of the BOROUGH CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us Kodiak Island Borough Oath Of Office State of Alaska ) ) ss. Third Judicial District ) I, , do solemnly swear that I will support and defend the Constitution of the United States of America, the Constitution of the State of Alaska, and the Ordinances of the Kodiak Island Borough. I will honestly, faithfully, and impartially discharge my duties as a member of the Kodiak Island Borough Assembly to the best of my ability. Signature Subscribed and sworn to before me this day of , 202_ Kodiak Island Borough Clerk Administration Of Oath Of Office To Newly Appointed Assembly Member Page 75 of 80 AGENDA ITEM #17.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 16, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Evaluation Of The Legal Counsel Applicants ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to convene into executive session to discuss the evaluation/scores of the legal counsel applicants, a matter which might include a discussion that could potentially prejudice the reputation and character of the applicants. Move to invite the Borough Mayor, Assembly, Borough Manager, and the Clerk into executive session. DISCUSSION: The existing contract of the Borough Attorney is set to expire on November 30, 2025. A request for proposals was issued on August 8, 2025, with the bids being submitted by September 26, 2025. The Mayor and Assembly have been requested to evaluate the proposals. This executive session will provide the assembly with the opportunity to deliberate on the scores. After the Assembly concludes the executive session, they may provide guidance on the next steps, including deciding who should be arranged for interviews. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Evaluation Of The Legal Counsel Applicants Page 76 of 80 v m 0 co 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: l �� Convened: Recessed: Reconvened: Adjourned: BY: SECOND: BY: 3 SECOND: C BY: \ rC� SECOND: BY: SECOND: BY: t� SECOND:Oil YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson ✓ Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside VACANT WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD _ NYONE LIKE TO CHANGE T EIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: U I TOTAL: The mayor may r1ot vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt v m co 0 co 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: L V Convened: Recessed: Reconvened: Adjourned: BY: t(`� C'Ii -b� P2� t-A BY: ( vl SECOND: C. oJ q �J BY: &_ SECOND:5� BY: b W SECOND: / l BY: 5�SECOND: SECOND: YES NO YES NO (YES NO YES NO YES NO Mr. AmesV. Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson VMr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside VACANT WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?_' TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 71 N O a KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET v QQ m 0 00 0 Regular Special Convened: . 2 �j Recessed: Reconvened:—q ' ✓/ Date: Adjourned: -7`' BY: SECOND: BY: } SECOND :G`j f� v BY: CJ� SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES N( YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside VACANT WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?` _ _ _MIL A TOTAL: TOTAL:F7 TOTAL: -F I TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt N O S. AGENDA ITEM #20.A. KODIAK ISLAND BOROUGH Meeting Type: Assembly Regular Meeting Date: October 16, 2025 Please PRINT your name legibly Phone number tc,..�t � Page 80 of 80 Page 80 of 80 AGENDA ITEM #2O.A. Vol. FY2026, No. 08 Kodiak Island Borough Assembly Newsletter October 17, 2025 At Its Regular Meeting Of October 16, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, November 6, 2025, At 6:30 P.M. In The Borough Assembly Chambers. AUTHORIZED The Borough Manager To Approve Contract No. FY2026-27, Agreement For Lobbying Services With Hickey & Associates ADOPTED Resolution No. FY2026-07, Authorizing The Issuance Of A Negotiated Ground Lease With Kodiak Rodeo And State Fair, Inc. ADOPTED Resolution No. FY2026-08, Approval Of The Assembly Meeting Calendar For The Year 2026 ADOPTED Resolution No. FY2026-09, Ratifying And Certifying The Results Of The October 7, 2025, Regular Municipal Election ADVANCED Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Child Care Facilities Public Hearing At The Next Regular Meeting Of The Assembly ADMINISTERED Oath Of Office To Newly Elected Mayor Jared Griffin And Assembly Members Jeremiah Gardner And Jeffery Woods PRESENTED Certificate Of Appreciation To Outgoing Mayor Scott Arndt and Assembly Member Larry LeDoux APPOINTED Caroline Roberts To The Kodiak Island Borough Assembly ADMINISTERED Oath Of Office To Newly Appointed Assembly Member Caroline Roberts CONVENED INTO EXECUTIVE SESSION To Discuss The Evaluation/Scores Of The Legal Counsel Applicants, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Applicants. INVITED The Borough Mayor, Assembly, Borough Manager, and the Borough Clerk into executive session. DIRECTION WAS GIVEN To The Manager To Set Up Interviews With The Top Two That Were Picked By The Assembly View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough Page 81 of 80