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2021-08-19 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers 710 Mill Bay Road Thursday, August 19, 2021, 6:30 p.m., Streamed Live Online at www.kodiakak.us And broadcasted on KMXT at 100.1 FM 1. Invocation 2. Pledge of Allegiance 3. Roll Call 4. Approval of Agenda and Consent Agenda All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. 5. *Approval of Minutes 6. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 7. Awards and Presentations 8. Committee Reports 9. Public Hearing 4-62 A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, Subdv: Miller Pt. Block -7 Lot: 3 & 4. Complete Binder For PnZ Appeal, Baxter - Pdf 10. Borough Manager's Report 11. Messages from the Borough Mayor 12. Consideration of Calendar - Unfinished Business Watch meetings live, online at www.kodiakak.us Listen on the radio at KMXT 100.1 FM Citizen Comment: 486-3231 or 855-492-9202 Page 1 of 141 13. Consideration of Calendar - New Business 13.A. Contracts 13.13. Resolutions 63-73 1. Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In The Community Development Department At Step F, Range 20.5 Of KIBC Salary Schedule And Approving Relocation Expense. Complete Binder For Resolution No. FY2022-07 - Pdf 13.C. Ordinances for introduction 74-77 1. Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. Complete Binder For Ordinance No. FY2022-05 - Pdf 13.D. Other items 78-90 1. Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin a Stephens Senior Exemption Appeal. Complete Binder For Appeal - Pdf 91 -129 2. Report / Discussion Of Manager Recruitment Transition Plan. Complete Binder Of Materials - Pdf 130-131 3. Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jardine. Complete Binder For Declaring A Seat Vacant - Pdf 4. Infection Levels That Would Require Closed Meetings Or Zoom Meetings. 132-135 5. Formal Resignation Of Assembly Member Julie Kavanaugh. Letter of Resignation, Assembly Member Julie Kavanaugh - Pdf 14. Citizens' Comments 15. Assembly Member' Comments 16. Executive Session A. Case No. 3KO-20-96 Cl Mr. Melvin Stephens - Senior Exemption Appeal Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 2 of 141 17. Adjournment 18. Information materials 18.A. Minutes of other Meetings 18.B. Reports 136-141 1. July 2021 Projects Report - EF Project Manager, Matt Gandel Watch meetings live, online at www.kodiakak.us Listen on the radio at KMXT 100.1 FM Citizen Comment: 486-3231 or 855-492-9202 Page 3 of 141 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, Subdv: Miller Pt. Block:7 Lot: 3 & 4. ORIGINATOR: Borough Manager, Michael Powers RECOMMENDATION: Staff Report - Assessing Director, Seema Garoutte Mayor Roberts to open the hearing for citizens that have been authorized for comment. Comments are limited to three minutes per speaker. Mayor Roberts to close the hearing and open the floor for discussion. A motion can be made at anytime during the discussion. The following motions are available to the assembly: • move to uphold the decision of Planning and Zoning and deny the appeal • move to send back to Planning and Zoning for review • move to table decision for more information and instruct staff to provide specific additional information • move to postpone indefinitely DISCUSSION: Lucas and Amira Baxter are appealing the decision to fail the application to rezone Miller Point Lots 3 and 4 from RR1 (Rural Residential One) to B (Business). Mr. and Mrs. Baxter argue that the findings of facts adopted by the Commission are incorrect. The applicants were not in attendance for the Planning and Zoning regular meeting on June 16, 2021. Finding of Facts: • The subject parcel is not adjacent to any other property zoned B (Business). • The subject parcel is not located in an area known as a commercial corridor. • The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. • The rezone is not constant with the 2008 Comprehensive Plan Future Land Use Designation. ALTERNATIVES: FISCAL IMPACT: Kodiak Island Borough Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 4 of 141 OTHER INFORMATION: Kodiak Island Borough KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING AGENDA ITEM #9.A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 5 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business ❑ This written argument is in support of the appeal. VThis written argument is in opposition of the appeal. Name: ARNOLD T HANSEN Residence Address: PO BOX 228--7--6,, K��ODIAK AK Comments: _C;S� (p'SOlS�PC� Written argument supporting or opposing the appeal may be submitted by email to clerks(okodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 6 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business Q( This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: JOHSUA O NELSON/ JB","Ldj-Qj jJ A 566 Residence Address: 3198 LAKEVIEW DRIVE, KODIAK AK Comments: ; Nom- Akdel. � D *� e� �-r r Elie 5&wm, %l i✓�x � Gl�oo.tG �Sildulc/ ,� e- a- 7 -A -e- a2,� CftcS 5 ez d1 jCk �d Dwi�'� %CSD Qr YLdu rL� a/h,ek pod -j- .e s A*- Ives A -..e a/ �'.r- s L_ 64,be,,e-� Ch-o-`telL -A, S- Hits n -es s Written argument supporting or opposing the appeal may be submitted by email to clerks(a.kodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of PUbJic Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 7 of 141 AGENDA ITEM #9.A. Appeal Hearing Form — Thursday, August 19, 20219 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case # 21-012 (Appellant Lucas and Aimra Baxter) iezone of Lots 3 & 4. Block 7. Miller Point Subdivision. From RR -1 to B -Business This written argument is in opposition or the app --- Name: Stephen and Shelley Paulson Residence Address: 962 MALLARD WAY, KODIAK AK Our problem with the initial request was not the specific business Mr Baxter's has planned. It's the potential future businesses that may occur when Mr Baxter decides to divest of the property if the request for rezone had been granted. This is a very large parcel of land(6.5 acres) which is almost as big as the lot which Walmart occupies. Once a parcel is zoned business, can be opened up to any of over 35 allowed uses with no density restrictions. This type zoning with high density potential and multiple uses does nothing to enhance this RR -1 neighborhood which is designed to promote a low- density, large lot agricultural atmosphere. Please stay with the original findings, reject the appeal and keep this area zoned RR -1. TnanK yam, Stephen and Shelley Paulson 4 4113 � Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 8 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business ❑ This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: JAMES POULOS FAMILY TRUST Residence Address: 3064 SPRUCE CAPE RD, KODIAK AK Comments: Written argument supporting or opposing the appeal may be submitted by email to clerks(a)kodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 - AnY Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 9 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business XThis written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: JAMES PRYOR Residence Address: 1012 STELLER WAY, KODIAK AK Written argument supporting or opposing the appeal may be submitted by email to clerks(cDkodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 �- Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 10 of 141 AGENDA ITEM #9.A. 08/18/2021 09:04 FAX 9074864016 ASSOCIATED ISLAND BROKER 001/001 Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RRII-Rural Residential One To B -Business This written argument is in support of the appeal, ❑ This written argument is in opposition of the appeal, Name: ROBERT BRODIE Residence Address: PO BOX 296,,XODIAK AK _ Comments: L Q� r��e Written argument supporting or opposing the appeal may be submitted by email to clerks Mkodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday. August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 11 of 141 July 1, 2021 Lucas & Aimra Baxter 120 W. Rezanof Dr. Kodiak, AK 99615 AGENDA ITEM #9.A. Kodiak Island Borough COMMUNITY DEVELOPMENT 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 E-mail: mpowersnkodiakak.us Re: Miller Point BK 7 Lots 3 & 4, Case 21-012 Request to Rezone. Dear Mr. & Mrs. Baxter: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 16, 2021 moved to approve your rezone request. The motion failed. They also moved to "adopt findings contained in the staff report dated May 27, 2021 in support of the Planning and Zoning Commission's decision at the June 16, 2021 regular meeting." The motion passed. The findings and conclusions are as follows: FINDINGS OF FACT: 1.The subject parcel is not adjacent to any other property zoned B -Business. 2.The subject parcel is not located in an area known as a commercial corridor. 3.The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. 4.The rezone is not consistent with the 2008 Comprehensive Plan Future Land Use Designation. KIBC 17.215.020 — Commencement of appeal - Stay A. The decision of the commission is final unless an appeal of the decision is made within twenty (20) working days after the decision by the commission to the board of adjustment. B. An appeal is commenced by filing with the borough clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee ($350.00). Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 12 of 141 AGENDA ITEM #9.A. DUE TO THE LATE NOTIIFICATION PROVIDED BY KIB, YOU HAVE TWENTY (20) WORKING DAYS FROM THE DATE OF THE LETTER. If you have any questions regarding the Commission's actions, please contact the Community Development Department at 496-9363. Sincerely, Michael Powers CC: Borough Clerk Planning and Zoning Commission Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 13 of 141 AGENDA ITEM #9.A. July 19, 2021 Re: Case 21-012 Request to Rezone Appeal Property Owner / Applicant: Lucas & Aimra Baxter Mailing Address: 120 W Rezanof Dr. Kodiak, AK 99615 Phone Number: (907) 942-5564 Other Contact email, etc.: aleutianstorm766a)gmaii.com Legal Description: Subdv: Miller Pt. Block: 7 Lot: 3 & 4 Street Address: 4078 Otmeloi Way and 4026 Otmeloi Way, Kodiak, AK 99615 Pursuant to the rezone request failed motion, this is an appeal with more fulsome facts. The subject parcel currently contains a 7,200 square foot industrial quality shop. All business transacted at this property will be within that shop. The lot at 4026 Otmeloi Way will be for parking and an area for net mending. There are concerns over the anticipated traffic near the school or wear and tear on the road. There will be approximately 4 to 5 vehicle visits per day to this site which is similar to the adjacent business Island Lake Sawmill. There is no anticipated traffic surge that would endanger the children at the local school or impact any of the residents in the area unduly. The current noise levels from Island Lake Sawmill and Kodiak Dog Kennels will far exceed the anticipated noise pollution caused by mending nets or storing fishing supplies. This business will not break any of the noise ordinances. FINDINGS OF FACT: 1. The subject parcel is not adjacent to any other property zoned B -Business. The subject parcel is directly adjacent to the existing business Island Lake Sawmill located at 3952 Otmeloi Way. While this property is zoned as RR -1, it is actually an operating, industrial business with a certain level of noise pollution. Across the street at 3949 Otmeloi Way is the existing business Kodiak Dog Kennels which also has a certain level of noise pollution. On the Rezanof side, the adjacent property at 4146 Otmeloi Way is the only lot fronting along Otmeloi Way between the subject parcel and currently business zoned property Seabrooke Enterprises at 4545 Rezanof Drive East. Commercial zoning is not a distant neighbor. 2. The subject parcel is not located in an area known as a commercial corridor. The subject parcel is located less than'/ mile from several businesses on East Rezanof Drive as well as being adjacent to the existing Island Lake Sawmill operation. The proposed business for 4026/4078 Otmeloi Way is not a "commercial corridor' kind of business. There will not be an overabundance of added traffic. 4eg q(q P-3 - i Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 14 of 141 AGENDA ITEM #9.A. 3. The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. The property is indeed surrounded by residential zoned properties. However, this rezoning is not meant to adversely affect the quality of the neighborhood. The industrial quality shop is an existing structure and the purpose is to use this structure to support a white noise business as well as provide job opportunities. It is important to note that Island Lake Sawmill is zoned RR -1, but is an industrial and commercial use of the area. 4. The rezone is not consistent with the 2008 Comprehensive Plan Future Land Use Designation. The 2008 Comprehensive Plan Future Land Use Designation specifically states: "In general, residents of smaller communities recommend allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non-residential uses will not adversely impact adjacent residents" (Chapter 4, p 11). The current plan is to definitely NOT adversely impact adjacent residents. SonCe.rel l -1- lot -ao9l `I-19-aaa.t Case �1 - o t I RecL�es� +o Re--i-one Appeal Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 15 of 141 AGENDA ITEM #9.A. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF APPEAL HEARING ((FIRST NAME)) ((LAST—NAME)) (WAIL LINE 1» «MAIL LINE 2>> ((MAIL CITY», WAILSTATE)) WAILZIP)) FROM: Borough Clerk's Office RE: Appel Hearing Thursday, August 19, 2021 at 6:30 p.m. SUBJECT: Notice Of Appeal Hearing - Case No. 21-012 - A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business (Appellant Lucas and Aimra Baxter). Greetings, This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case No. 21-012 A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1-Rural Residential One to B -Business. This case will be heard before the Kodiak Island Borough Assembly, on Thursday, August 19, 2021 at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, or mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record. The following may present oral argument before the board: persons who have submitted written argument on this appeal, persons who have submitted timely written comments to the commission, or persons who have testified before the commission. A copy of the appeal record is available for public inspection in the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee, and any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Regards, Alise`L. Rice Borough Clerk, Kodiak Island Enclosed: Appeal Hearing Form Findings of Fact Notice of Appeal Letter Baxter Notice of Public Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 16 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: STEPHEN C ABBOTT Residence Address: 187 SEABREEZE CIR, KODIAK AK Comments: Written argument supporting or opposing the appeal may be submitted by email to clerks(a)kodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 17 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Care 41 at -012 Kodiak island Borough Print Form SUIB-At liy'_ mall Community Development Department 710 Mill Bay Rd. Rm 205II �IIIIIIII� (� Kodiak AK 99615 1 lul I P h. (907) 486 - 9362 Fax(907)486-9396 21'120 PROUD 21720 * 21721 Application for Rezone KIBC 17.205 The following information Is to be supplied by the Applkant: Property Owner /Applicant. Lucas & Aimra Baxter Mailing Address: 120 W Rezanof Dr. Kodiak, AK 99615 Phone Number. 907-942-5564 Other Contact email,etc. aleutlanstorm76@gmali.com Legal Description: Subdv: Miller Pt. Block: 7 Lot: 3&4 Street Address: 4078 Otmelol Way and 4026 Otmeloi Way Kodiak, AK 99615 Current Zoning: RRl KIBC 17.70 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: Explanation of the need & justification for a change or amendment of zoning: This request is to rezone this property from RR -1 to Business to allow retail sale of fishing supplies and a net mending facility. The existing shop will be used to store and offer for sale rope, line, and hardware used in the fishing Industry. There are no anticipated changes to the buildings other than the Interior of the shop. Screening and or fencing is contemplated that is aesthetically pleasing and consistent with the overall appearance and character of the neighborhood. Business zoned land is very difficult to acquire primarily due to the minimal Inventory available. Applicant had been looking at property that was purchased by the local government. Continued on reverse Page 55 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 18 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. G Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: There will be minimal impact, If any, to the neighborhood. We expect four to five vehicle site visits per day. This is no more that the amount of visits to the adjacent sawmill. Allowing this rezone will create 2-3 jobs In the community with limited impact to the community and neighborhood. We believe it is consistent with the comprehensive plan to allow 'soft" business to operate Ina low density residential area. Date: y - W ,11 Signature: CDD Staff Certification Date: 53 of 1 CDD Staff Payment Verification Fee Payable In Cashier's Office Room R 104 • Main floor of Borough Building KIBC 17.205.030 Manner of Initiation. Changes In this title may be initiated in the following manner. A. The assembly upon its own motion: ❑ Walver of fee B. The commission upon its own motion: ❑ Walver of fee C. By petition: 4 or less lots: ❑X $350.00 5 to 20 lots: 21 and more lots: ❑ $750.00 ❑ 57,500.00 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... 1%1 Page 56 of 173 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 19 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. PAYMENT DATE Kodiak Island Borough BATCH NO. 05/03/2021 710 Mill Bay Rd. 2021-00000277 COLLECTION STATION Kodiak AK 98615 RECEIPT NO. CASHIER 2021-00001126 RECEIVED FROM CASHIER LUCAS AND AIMRA Cashier BAXTER DESCRIPTION APPLICATION FOR REZONE ••• bdi• • Subdivision Fee Suvision Fee RECEIPT - $350.00 PID 21721 AND 21720 REZONE APPLICATION Payments: Type Detail Amount Check 3557 $350.00 Total Amount: $350.00 Customer Copy Printed by: Cashier Page 1 of 7 05IMOA'1114 12 AM CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 20 of 141 AGENDA ITEM #9.A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 21 of 141 AGENDA ITEM #7.c. ISL 11`r 4 P Il a� 3 a d is-�i►c �--�� 3.25 AC. YI 4v� N °n aN•'� i.ifiC. 4 8 � 1H 4.02 AC. BLOC Y=$ ; )RIVE r .� 4 t= _ :_.t,�__. OAC. y =•47 • o 3.13 AC� AC. V 4, •` 440 + � �- mit: �_ +�� - • / sem--.._ •r•! L30 AC .J =.77AC. o C d E p Zy 2.33AG • 2.AIAC. a arw' DETAILIC" NO !GALE • w 3463 Aon-�S,s ,�L7NC C4U R� AOL Int SURVEY fx� 71r.4o a ... eater M1CMC p wllml, uT.ar Ume. I W INIAL �f a ftatr"" "PremI MATI1 M ONLKNT MARKING 51A I I.M. "ARIA TKE DESMIP1`10h INMKT .1 leer `346' L2 AOL -?I 24 I.5' Spruce Bears SOV481E 41.0 feet pl B toot LI C4/ LIA C4 1..' Spruce Burs SJI002tE 41.1 feet 1965 .4 feet 1951. r•10 1.31 Snruc. Boers N76.111E 76.7 fest ,j lee' 5516 Lot CII ADL -65 1.61 Spruce Seers M1116511E 35.1 feet Blk 7 .e feel LSI i C 1.4' Spruce Beers N64'391tl IS.9 foot L3 L4 LS L6 tee I �St I,w i.31 Spruce Bears S41.49111 18.0 feet 1963 .7 fent S3464 C6 Lot 8 C4 AOL -129 1.9' Spruce Bears U620189C 40.3 loot 60 R/t .9 feat Lot 7 C3 2.11 Spruce Beers 540.55'E 42.5 loot 1965 .9 foot 51463 Ct, BLM 195u 1.71 Spruce Beers S:04299E 29.3 fear fee Sis63 C; AOL -139 1.61 Spruce Bears S49.32'E 39.3 feet 60 R/W .2 frtef , �46d tis Lot -1 C4 C3 Lot 0 1.71 Spruce Beers N64.061E 50.3'aIW58 of 173 100 R/ft 0 tees BLM 195c I ' r a Bears N54 -48-E 30.3 feat CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQ6I� _?W`rezone of... 1%5 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 21 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Kodiak Island Ajorough Community Development Department 710 NEE Bay Road Room 202 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486.9396 mamkodiakak.us May 4, 2021 Lucas & Aimra Baxter 120 W. Rezanof Dr. Kodiak, AK 99615 Re: Case 21-012. Request a rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1— Rural Residential One to B- Business (KIBC 17.205). Dear Mr. & Mrs. Baxter: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 16, 2021 regular meeting, This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended One week prior to the regular meeting, on Wednesday, June 9, 2021 at 6:30 p.m. in the Borough Assembly Chambers, the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session. however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person Please contact the Community Development Department at 486-9360 if we can answer any outstanding questions or provide additional information In advance, thank you for your cooperation Sincerely, &'�n E . wj)� Erin Welty Director Page 59 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 22 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT I PUBLIC HEARING NOTICE I A public hearing will be held on Wednesday, June 16, 2021. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following re nest: CASE: 21-012 APPLICANT: Lucas & Aimra Baxter REQUEST: A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One to B- Business (KIBC 17.205). LOCATION: 4026 & 4078 Otmeloi Way ZONING: RR1 — Rural Residential One This notice Is being sent to you because our records Indicate you are a property owner/interested party In the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written_ comm_ents.must.be received by 3 pm on the day al the scheduled hearing to be consldgred by the commission. If you would like to fax your comments to us, our fax number is: (907) 486.9396, or you may emall your comments to tatcornments9kodiakak us. if you would like to testify via telephone, please all in your comments during the appropriate public hearing section of the meeting. The katal call-in telephone number Is 486-8231. The toll free telephone number Is 1-855.492-9202. one week prior to the regular meeting, on Wednesday, lune 9, 2021, a work session will be held at 5:30 p.m. in the Kodiak island Borough Assembly Chambers, to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486.9363, Your Name Ma®nj Addreu.__— Your property descrlption_ _ — —--_--,---��— - -_-—� Comments: Page 60 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 23 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Case: 21-012. Request for a rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One to B- Business Location: 4026 & 8 Otmeloi Applicant: Lucas & Almra Baxter ® f4l; I o: r Ar d6 . ASY P5 i IV R moo-! 1 x Public Hearing Subject Parcels�!Ita NotificaliGn ParcelsVhf Page 61 of 173 CASE: 21-012APPLI CANT: Lucas &Amira Baxter AG ENT: REQUEST: Arezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 24 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. 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BOX 1619 KODIAK AX 99615 KEVIN CORNETT 3410 ED'S WAY KODIAK AK 99615 MATTHEW CORRERE PO BOX 8753 KODIAK AK 99615 PATRICK COSTD, O 3515 EIDER ST KODIAK AK 99615 PATRICK COSTELLO PO BOX 8831 KODIAK AK 99615 JAMES CRANE IR 1714 LARCH ST APT B KODIAK AK 99615 ALFRED B CRATTY IV 35IO EDS WAY KODIAK AK 99615 KEVIN CREELMAN 104 CENTER ST N100 KODIAK AK 99615 LAURA M CREIGHTON PO BOX 8963 KODIAK AK 99615 ROBERT CURRE 546 LILLY DR KODIAK AK 99615 PENELOPE CYR-LORENSEN PO BOX 1947 KODIAK AK 99615 KATELYNM DACIMO 4065 CLIFFS'OE RD KODIAK AK 99615 CAVID DAHL POSOX8567 KODIAK AK 99615 PETER DANELSKI PO BOX 2333 KODIAK AK 99615 Page 62 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 25 of 141 AGENDA ITEM #9.A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 26 of 141 { { AGENDA ITEM #7.c. 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LLC PO BOX 2338 KODIAK AK 99615 CHASE DEAN SORTOR PO BOX 1553 KODIAK AK 99615 GREG SPAUNGER 610 ISLAND LAKE RD KODIAK AK 99615 TIMOTHY&KATHERINE STAMM 34590TMELOIWAY KODIAK AK 99615 JOHN STELLA PO BOX 8895 KODIAK AK 99615 PATRICK STELZER PO BOX 2412 KODIAK AK 99615 JAMES STEVENS PO BOX 8593 KODIAK AK 99615 JOSEPH STEVENS P.O BOX 628 KODIAK AK 99615 IEFFREYT STEWART PO BOX 868 KODIAK AK 99615 MARIAHJ STOREY 3410 EIDER ST KODIAK AK 99615 STACY STUDEBAKER ETAL PO BOX 970 KODIAK AK 99615 NATHAN J SVOSODA 389 NEVA WAY KODIAK AK 99615 Page 65 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 28 of 141 AGENDA ITEM #9.A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 29 of 141 AGENDA ITEM #7.c. JUL.MA SWARTOUT 35011! DS WAY KOD AK AK 99615 THOMAS SWEENEY PO BOX 8891 KODAK AK 99615 N;CHOLAS SZABO P O BOX 1633 KODAK AK 99615 FRANKLIN AXEL TENTIS-MAJOR PO BOX 8553 KODIAK AK 99615 DANNY THOMAS PO BOX 2243 KODIAK AK 99615 PETER THOMPSON PC BOX 3037 KODIAK AK 99615 JUSTIN P THRAN 2490 SPRUE CAPE R2AD KODIAK AK 99615 ALANA TOUSIGNANT PO BOX 5547 CHINIAK AK 99625 EVONNE TRACHSEL PO BOX 2154 KODIAK AK 99615 JEFFREY TRENERY PO BOX 1681 KODIAK AK 99615 MICHAEL TRESTON PO BOK 1084 KODIAK AK 99615 CASEY TURNER 3227 KATMM DR KODIAK AK 99615 JEFFREY ANDREW VALERIO 423 NEVA WAY KODIAK AK 99615 DANA VALLADOLID PO BOX 9014 KODIAK AK 99615 MATTHEW VAN DAELE ETAL 3741 OTMEL01 WAY KODIAK AK 99615 LAWRENCE & HILARY VAN DAELE FAMILY TRUST 3401 ANTONE WAY KODIAK AK 99615 STANLEY VAN MATRE 3199 PEN.NSULA RD KODIAK AK 99615-7136 STEVEN VILLALOVOS FTAL 3264 BALIKA W 40 KODIAK AK 99615 DONALD J VINBERG PO BOX 9032 KODIAK AK 99615 GORM VISFELOT P 0 BOX 2893 KODIAK AK 99615 HEATHER VLACH ETAL PO 80X98901 KODIAK AK 99615 NICOLE VOS61EN PO BOX 8238 KODIAK AK 99615 ESTHER WADDELL P 0. BOX 2809 KODIAK AK 99615 TAMITHAA WAGNER 984 HILLTOP DRIVE KODIAK AK 99615 PHILLIP E WALKER 959 HILLTOP DR KODIAK AK 99615 LAURA WALTERS LIVING TRUST 3289 BAUKA LANE KODIAK AK 99615 JENNIFER WANDERSEE ETAL PO BOX 3147 KODIAK AK 99615 JUDITH WATERBURY 3373 MELNTTSA LANE KODIAK AK 99615 VALENE WILDE 3431ANTONEWAY KODIAK AK 99615 SALLY WtLKER PO BOX 1818 KODIAK AK 99615 ANTHONY WILL PO BOX 943 KODIAK AK 99615 LAWRENCE WILLIAMS PO BOX 2582 KODIAK AK 99615 MICHAEL WILLIAMS P.O. BOX 3257 KODIAK AK 99515 GARY WILLIAMSON 23000LOEN&JRG LANE OAK HARBOR WA 98277 JEREMY WILLIAMSON 377 NEVA WAY KODIAK AK 99615 CHRISTOPHER WING PO BOX 2827 KODIAK AK 99615 HUGH WISNER P C. BOX 2783 KODIAK AK 99615 DAVID WITTEVEEN PO BOX 2239 KODIAK AK 99615 NORMAN WOOTEN PO. BOX 3016 KODIAK AK 99615 CHRISTOPHER WRIGHT PO BOX 2046 KODIAK AK 99615 CLARK YATSIK 3949 OTMELOI WAY K,?DIAK AK 99615 JERAMY YOUNG PO BOX 806 KODIAK AK 99615 CLIFFORD ZAWACKI PO BOX I4 KODIAK AK 99615 CRAIG ZIMMER PO BOX 3144 KODIAK AK 99615 ARTHUR ZIMMER TRUST P 0. BOX 1582 KODIAK AK 99615 WILLIAM ZIMMERMAN PO BOX 2261 KODIAK AK 99615 Page 66 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 29 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICE I A public hearing will be held on Wednesday, June 16, 2021. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 21-012 APPLICANT: Lucas & Aimra Baxter REQUEST: A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1— Rural Residential One to B- Business (KIBC 17.205). LOCATION: 4026 & 4078 Otmeloi Way ZONING: RR1— Rural Residential One This notice is being sent to you because our records Indicate you are a property owner/interested party In the area of the request. If you do not wish to testify verbally, you may provide your comments In the space below or In a letter to the Community Development Department. Writtgn conmrn nts must.be received bym on the day at the scheduled hearinu to be considered by the commission. If you would like to fax your comments to us, our fax number Is: (9071486-9396, or you may email your comments to otearm MUfi od Aak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486-3231. The toll free telephone number is 1.855-492-9202. one week prior to the regular meeting, on Wednesday, June 9, 2021, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Assembly Chambers, to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. your Name. iin 0Ll a q K6,tVi. maliln{Address- Your property desaiptlan: 3 , r n*V n e_ & comments. L`Z" Gyws baa G 69 _7- /tC �-` X10 Page 67 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 30 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. 21-012. Request f" a rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One to a- Business 4026 & 4079Otmeloi Way Applicant: Lucas & Aimra Baxter An Z. aMF �► e� �1� . t �z�_� 4 `fit ` .e gr Z' �~I �I+vu G 7, 1 1 r2iQ l cp �iiq !! 9 P., Public Hear!Mn.,Notice Legend SNafificaUonParwis] 3.0 —11500 r !R , F� Page 68 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 31 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. 05/14/2021 10:01 FAX 9074994 ASSOCTATEO ISLAND BROKER 19001/001 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICE pub Ic hearing w I be he on Wednesday, Jura 1 , 20ZL the meeting wi i beg p.m, in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alalia, before island Borough Planning and Zoning Commission, to hear comments ff any, on the CASE: 21-012 APPLICANT: Lucas & Almre Baxter REQUEST: Block Miller fftmm RRI Rural Resldenbal OneioPoint � B- Bus nese NBC 17.205). LOCATION: 4028 & 4078 Otineioi t- - R 'f -ural kesidenYal One Page 69 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 32 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. 21-012. Request for a rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One 4026 & 4078 Otmeloi Way Applicant: Lucas & Almra Baxter V w� 1� t o d 1 A vA AW)k ` f ► Aff �a� �► M OR V3 MW 4 .��a ��► �t a fly 14� ,G ted. lic Hearing Notice ,� _ a �, 1• m m j G � � �� 1 u .. Page 70 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 33 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 16, 2021. The meeting will begin at 6:30 p.m. In the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments If any, on the following request: CASE: e uest- CASE: 21-012 APPLICANT: Lucas & Aimra Baxter REQUEST: A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One to B- Business (KIBC 17.205). LOCATION: 4026 & 4078 Otmeloi Way ZONING: RR1 — Rural Residential One This notice Is being sent to you because our records Indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments In the space below or in a letter to the Community Development Department. Writ@R [pmmgnts mustbt�eeolved bI3_pth.on the day of the3zhedvted hearing to be tonsldered by the w mmEs3lon. If you would like to fax yourcomments to us, our fax number Is: 1907) 486-9396, or you may email your comments to Rmomment50kodiakak.us. If you would like to ltVgiIFMWonK-Wae'tArngnirecomme T'OTM- pp c fea'rV� Wi eiffiig: The kscal call-in telephone number Is 486-3231. The toll free telephone number 1s 2-855.492-9202. One week prior to the regular meeting, on Wednesday, June 9, 2021, a work session will be held at 6:30 p.m. In the Kodiak Island Borough Assembly Chambers, to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363._p Your Name.`� 01� ,�._. MaWkwAddrem. 'rJ/LilL b� YourpropMydexriptil". jr commentr Z�a CW `` u. .j P!P�f f9f 3 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 34 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. 1 Point Subdivision, RRI — Rural Residential One to 6- Business Location: 4026 & 4078 Otmelol Way Applicant: Lucas & Almra Baxter AM AW v o P a � 4� � s I/ 1 �tj Favnow KX . e P.�, o p 19 Public Hearing Noti WIN•, ., •.. . _ Page 72 of 173 CASE: 21-012 APPLICANT: Lucas &Amira Baxter AGENT: REQUEST: Arezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 35 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. I oppose the rezone requested by Case 21-012. 4,W "o, Some of the assertions made in the application are questionable: 1.) There is no way to anticipate future impacts to the residential neighborhood, which could, in fact, be major, especially near a grade school on an unimproved gravel road where children pedestrian access has been an issue for years. North Star PTA and/or the School District might welcome a chance to comment on this request. 2.) The word "soft" appears nowhere in the description and intent of the B -Business zoning district, which permits outright uses such as auto repair, dry cleaning, gas stations, building materials supply, and machine shops potentially industrial in nature. Permitted uses such as retail stores and services and multi -family dwellings would substantially increase traffic. 3.) The proposal seems speculative in nature. Anticipated changes to an existing building (described as interior only) is beside the point. There is no guarantee that the current property owner(s) will in the future have control over the property. A rezone to B -Business zoning district, with no defined minimum lot size, could potentially result in additional lots in multiple ownership containing numerous new buildings. The attendant impacts from increased traffic and noise would change the existing residential character of the neighborhood. ex q 5. 9Ix I� � rV4 A Page 73 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 36 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. U, . KODIAK ISLAND BOROUGH ORDINANCE NUMBER 67-1-0 WHEREAS, Section 07.15.3401 A3aska Statutes, empowers the Borough to enact a zoning ordinance and provides for its administra tion, enforcement and amendment, and WHEREAS, the KODIAK ISLAND BOROUGH has pursuat thereto adopted Chapter 5 of its Code of Ordinances and Resclutins, which provides for planning and zoning provisions and procedure, and, WHEREAS, Section 24 of Subchapter 2 of Chapter 5 of the Kodiak Island Borough Code of Ordinances and Resolutions provides that the Borough Assembly may by ordinance amend, supplement, modif , repeal or otherwise change the zoning regulations and boundaries of districts, and, WHEREAS, according to the comprehensive plan adopted by the KODIAK ISLAND BOROUGH, Miller Point Alaska Subdivision (locate in U.S. Survey No. 3462 and 3463) is now classified as a conserva- tion district, and First Addition to killer Point Alaska Subdivision (located in U.S. Survey No. 3462 and 3463) is now classified as a conservation district, and the Second Addition to Miller Point Alaska Subdivision (located in U.S. Survey No. 3462, ) is now classified as unclassified, and a portion of the First addition to Kadiak Alaska Subdivision (located in U.S. Survey No. 3512) is classified industrial, a portion conservation and a portion public), and, WHEREAS, the KODIAK ISLAND BOROUGH has by its own initia- tive moved for a reclassification of Miller Point Alaska Subdivisin (located in U.S. Survey No. 3462 and 3463) from conservation to unclassified; First Addition to Hiller Point Aaska Subdivision Page One, ORDINANCE NUMBER 6?. -1-0 Paqj 74 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 37 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Located is U.S. Survey No. 3462 and 3463 from conservation to . K :z %nelass#ied; Second Addition to Hiller Point Alaska Subdivision Located in U.S. Survey No. 3462) from unclassif ied to R2; those portions of the First Addition to the Kadiak Alaska Subdivision (located in U.S. Survey No. 3512) zoned industrial and conservatio to R-3 and that portion zoned public to remain public, NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly Df the KODIAK ISLAND BOROUGH, that Hiller Point Alaska Subdivision (located in U.S. Survey No. 3462 and 3463) now clasdfied as conser- vation be and the same is hereby reclassified as unclassified; First Addition to Miller Point Alaska Subdivision located in U.S. Survey No. 3462 and 3463 now classified as conservation be and the same is hereby reclassified as unclassified; the Second Addition to Hiller point Alaska Subdivision located in U.S. Survey No. 3462 now classified as unclassified be and the same is hereby reclassif- ied to R-2 and those portions of the First Addition to the Kadiak Alaska Subdivision (located in U.S. Survey No. 3512) now zoned industrial and conservation be and the same are hereby reclassifie as R-3 and that portion presently classified as public to remain public and that notice of this ordinance be given in the Kodiak Mirror days prior to the second reading of this ordinance and that a public hearing be held thereon on the date of the second reading and the publication of this ordinance be made by posting copies thereof on the Borough Assembly bulletin board for a perioc of 10 days following its passage and approval, and publishing a resume% thereof in the Kodiak Mirror, together with a notice of the public hearing thereon and mailing a copy of the same to the Kodiak Mirror. First Reading and Approval Date: January 5, 1967 Second Reading and passage Date: �I]I 1967 PASSED AND APPROVED by a KOD ISIAND BOROUGH ASSEMBL on this 4 -day of fx�", 1967. Page 75 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 38 of 141 ATTEST: CLERK AGENDA ITEM #9.A. AGENDA ITEM #7.c. KOOIAK ISLAND BOROUGH BY: I I� GLtr _ f A � CHAIRMAN Page 'Three, ORDINANCE NO. 67--1-0 Page 76 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 39 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT I PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 16, 2021. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: e uest- CASE: 21-012 APPLICANT: Lucas & Aimra Baxter REQUEST: A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 — Rural Residential One to B- Business (KIBC 17.205). LOCATION: 4026 & 4078 Otmeloi Way ZONING: RR1— Rural Residential One This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments mu 5a be recelugd by.3 nm on the dam the scheduted heariru to be consld-gfgd thtr comn,kston. If you would like to fax your comments to us, our fax number Is: (907) 486-9396, or you may email your comments to incomments0kodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 4863231. The tali free telephone number Is 1-855.492.9202. One week prior to the regular meeting, on Wednesday, June 9, 2021, a work session will be held at 6:30 p.m. In the Kodiak Island Borough Assembly Chambers, to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486.9363. p Your Name —Ajk%W 06 �S r Malting Address: ' `.4, �� Your property description: comments AF r �py A T _. .. .. r.� Page 77 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 40 of 141 AGENDA ITEM #9.A. Kodiak Ilan( -,orough Community Developmen )epartmA •c• 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Form http://www.kodiakak.us Public Hearing Comment P & Z Case No: 21-012 Applicant Lucas and Airma Baxter. Lots 3 &4 of Miller Point Subdivision Your Name: Steve and Shelley Paulson Mailing Address: 962 Mallard Way Kodiak, AK 99615 Other Contact email, etc.: redolds442@gci.net Your Street Address: 962 Mallard Wav Please enter your comments below. Use additional pages as needed. The property requesting rezone is six acres presently zoned RRI. These lots are surrounded by homes and property all zoned RR. We cannot imagine a single advantage for the current or future residents of our neighborhood or for the Borough to rezone this property amidst a residential atmosphere to Business - except of course to the owners of the property. However, we can list several disadvantages or reasons NOT to rezone this area. These include: * Increased noise • Increased traffic and congestion " Interruption of of traffic to/from the North Star School • Undue wear and tear on Otmelol " Likely to cause an unsightly view We purchased our residence purposefully in this area because of the large lot sizes and rural atmopsphere We believe that in all llkelikhood, this rezone will completely change that environment as well as hinder aur uallty. of life For these reasons_, we are opposed to this rezone aapcawn. _ Thank you for consideration of these comments. Steve and Shelly Paulson DlgiGlly dgned by Stephen D P&u1SM Date: June 3, 2021 Signature: Stephen D Paulson em;I�w�swvgdre�U�. Dole: 302 f A603 09 ]2dw -08'00' a9 i W ly tipped bP ShNle, P•Wwn Shelley Paulson�;�:�n�.«R� WIe301IM030973.31 WOR Page 78 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 41 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. { KODTAK ISLAND BOROUGH Vr}u+ COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT REPORT DATE: May 27, 2021 TO: Planning and Zoning Commission FROM: Community Development Department CASE NO: 2021-012 REQUEST: Rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RRl — Rural Residential One to B— Business (KIBC 17.205). RECOMMENDATION: Staff recommends APPLICANT: Lucas & Aimra Banter LOCATION: 4026 & 4078 Otmeloi Road LEGAL: Miller Point Subdivision, Block 7, Lots 3 & 4 LOT SIZE: Lot 3 3.69 acres Lot 4 2.79 acres (Total 6.48 acres) CURRENT USE: Lot 3 Vacant Lot 4 Single-family residence CURRENT ZONING: RR1— Rural Residential One PROPOSED ZONING: B - Business SITE VISIT: None NOTICE: The community development department sent a public hearing notice to each owner of property within 2,500 feet of the exterior boundary of the two lots described In the application. (KIBC 17.195.040). A total of three hundred fifty- four (354( public hearing notices were mailed on 5/10/21. As of the date of this report, no comments have been received for this case. SUMMARY OF REZONE REQUEST This rezone request was submitted by Lucas & Aimra Baxter on 5/3/2021. Lot 3 is vacant, and Lot 4 contains a single-family residence and a large garage/shop. The application states that the intent in rezoning the parcels to Business zone is to allow retail sales of fishing supplies and a net mending facility and that the shop will be used to store and offer rope, line and fishing hardware for sale. Page 79 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 42 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Case No. 21.012 Public Hearing Date: June 16, 2021 Page 2 CURRENT ZONING AND FUTURE LAND USE DESIGNATION The subject lots are currently zoning RR1— Rural Residential One. Surrounding lots are all zoned RRA. The 1968 KIB Comprehensive Plan future land use designation for the subject parcels and surrounding area was medium density residential. The 2008 KIB Comprehensive Plan future land use designation for the subject parcels and surrounding area is rural residential. Page 80 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 43 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Case No. 21.012 Public Hearing Date: June 16, 2021 Page 3 S§UIMMARY OF SURROUNDING LAND North East South West Land Use Single-family Single-family Single-family Sawmill - residence Residence Residence & Mobile Grandfathered Home Residence Zoning RR1 RRl RRl RR1 Comp Plan Rural Residential Rural Residential Rural Residential Rural Residential APPLICABLE ZONING 17.70.010 Rural Residential One Description & Intent. The RR1 rural residential one zoning district is established as a land use district for large lot, low-density, residential and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low-density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. 17.90.010 Business Description & Intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. APPLI BLE REGULATIONS 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). 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. 17.205.020 Report from planning and zoning commission (Amendments and changes). The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: Page 81 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 44 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. Case No. 21 012 PubLc Hearing Date June 16, 2021 Page 4 A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes). A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. if the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS AND RECOMMENDATION STAFF ANALYSIS This request Is to rezone two parcels of RR1— Rural Residential One zoned property to B— Business to accommodate a fishing supply retail sale business and net mending facility. Lot 3 is a vacant lot. Lot 4 houses a single-family residence and a large shop. The applicant has indicated that the shop would house the retail business. There is no indication to date as to the intended use of the vacant parcel. The 1968 KIB Comprehensive Plan indicated these lots had an unclassified zoning at the time and designated the future use of these lots and the surrounding area as medium density residential. The 2008 KIB Comprehensive Plan designated future use of these lots and the surrounding area to remain RRi — Rural Residential One. The intent of the RR1 zone Is for large lot, low density residential and agricultural purposes. These two lots originally contained wetland area of approximately 3.65 acres which were filled to allow for homesite construction. Minimum lots sizes for RR1 lots on city sewer and water are 20,000 square feet, with generous setbacks W preserve the rural feel of such developments, The original home was built on Lot 4 in 1984. After the property was sold in 1997, a zoning compliance permit was issued to build a "60' x 120' accessary building for non-commercial vehicles (autos, 4 -wheelers, personal backhoe)." The home was later enlarged as well. The use remained residential. Business zoning of these lots presents several potential difficulties. Rezoning Lot 4 to Business would Immediately cause the residence to become non -conforming. KIBC 17.90.020 permits single-family structures with specific restrictions in the business zone. Specifically: 'CC. Single-family and two-family dwellings, If located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner - occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there Is no indication, other than a separate entrance on the street Page 82 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 45 of 141 AGENDA ITEM #9.A. [ AGENDA ITEM #7.c. Case No. 21-012 Public Hearing Date: June 16, 2021 Page 5 level building facade, that a residential use is located within the structure." Not being in the same building as the business and comprising less than 50% of the area of the structure, because the residence is a separate structure, would cause the non -conformity. Rezoning these lots to Business poses additional concerns since the Business zone does not have minimum lot size requirements, nor does it have setbacks. With a total size of 6.48 acres (282,268 sf) and no limit on the size they can be subdivided to, this area could ultimately become a major business and retail center, potentially hosting permitted uses such as auto repair shops, dry-cleaners, restaurants, service stations, machine shops, motels and more. None of these uses, nor the potential density, is in keeping with the future land use goals of the comprehensive plan. Additionally, these lots are located near an elementary school on an unimproved gravel road where pedestrian access by school children has been an ongoing issue. The potential for increased traffic would be detrimental to the public safety as well as the longevity of the road. Staff believes that rezoning Lots 3 & 4, Block 7, Miller Point Alaska from RR1-Rural Residential One to B - Business is not in the public's best interest and could in fact be detrimental to the welfare of the neighborhood. It is also not good zoning practice to spot zone two lots to Business in the middle of a large RR1 neighborhood. RECOMMENDATION Staff recommends that the Commission deny this rezone request. APPROPRIATE MOTION The appropriate motion is: Move to recommend that the Assembly approve the rezoning of Lots 3 & 4, Block 7, Miller Point Alaska Subdivision from RR1— Rural Residential One to B — Business and to adopt the Findings of Fact found in the staff report dated May 27, 2021 in support of this recommendation. Should the Commission agree with the staff recommendation, a no vote should be made. Should the Commission disagree with staff and wish to approve the rezone request, a yes vote should be made. FINDINGS OF FACT 1. The subject parcel is not adjacent to any other property zoned B -Business. 2. The subject parcel is not located in an area known as a commercial corridor. 3. The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. 4. The rezone is not consistent with the 2008 Comprehensive Plan Future Land Use Designation. Page 83 of 173 CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: REQUEST: A rezone of... Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 46 of 141 AGENDA ITEM #9.A. AGENDA ITEM #7.c. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Ba Rad, Kodiak, Alaska 99615 :�',:PUBALIQ HEARING NOTICE A public hearing will be held on Wednesday, June 16, 2021. The meeting will begin at 630 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following reauest: CASE: 21-012 APPLICANT: Lucas & Aimra Baxter REQUEST: A rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1 - Rural Residential One to B- Business (KIBC 17.205). LOCATION: 4026 & 4078 Otmeloi Way ZONING: RR1 - Rural Residential One Thls notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. °--��,Yn _ �, ��; must be received by 3 pnr on the day ut the scheduled hearing to be considered by _th a s : If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to pzc9mments9kodiakak.us. If you would like to testify -via telephone,'ptease Calf iri your comments during the appropiriate public hearlift-section ofthe meeting: The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 9, 2021, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Assembly Chambers, to review the packet material forthe case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. �% Q Your Name: M\ CCil �-�5�� Mailing Address: �© / ' � Your property description: A00 C L( � � 1 m e-1� � 1j� Comments: n A e 12 Kdl D% -.n �� U e S a. -"VIA V o r , 11; ~ or - s A 0. Yh -Q a r ` T 0.� °A 111L, 1 ;( &_ VA9 1 Page 84 of 173 CASE: 21-012 APPLICANT: Lucas & Amilnl%AW. NPLAEzone of... Ak�\"Ck_ i Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 47 of 141 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting June 16, 2021 A Planning and Zoning Commission Regular Meeting meeting of the Kodiak Island Borough Assembly was held on June 16, 2021, in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:39 p.m. Present were Alan Schmitt, Joseph Delgado, Paul Van Dyke, Andrew Kenneson and Matt Novello. Absent were Sarah Harrington and Kent Cross APPROVAL OF AGENDA VAN DYKE moved to approve the agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. MINUTES OF PREVIOUS MEETINGS Regular Meeting of May 19, 2021. CITIZEN COMMENTS None. PUBLIC HEARINGS Limited to three minutes per speaker. Local Telephone Number: 486-3231 Toll Free Telephone Number: 855-492-9202. CASE: S21-008 APPLICANT DAVID DAHL AGENT: Preliminary approval of a vacation of the 50' wide road and utility easement within REQUEST: Lot 4 Lake Shore Estates Subdivision creating Lot 4A Lake Shore Subdivision (KIBC16.40) LOCATION: 2673 Beaver Lake Dr. ZONING: RR1- Rural Residential One District VAN DYKE moved to approve the request for preliminary approval of a vacation of the 50 -foot - wide road and utility easement within Lot 4 Lake Shore Estates Subdivision, Creating Lot 4A Lake Shore Subdivision. Chair Schmitt opened the public hearing. Kodiak Island Borough June 16, 2021 Planning and Zoning Commission Regular Meeting Minutes Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 48 of 141 AGENDA ITEM #9.A. Seeing and hearing none. Chair Schmitt closed the public hearing and reconvened the regular meeting. VAN DYKE moved to postpone to a date certain on the regular meeting of August 2021 for case s21-008. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. CASE: 21-011 APPLICANT: Kodiak Area Native Association (KANA) AGENT: Paul Baril, Nvision Architecture, Inc. A rezone of Lot 111-A. Block 9, Erskine REQUEST: Addition, from R2- Two -Family Residential to B -Business (KIBS 17.205). Location: 323 Carolyn Ave. Zoning: R2 -Two -Family Residential VAN DYKE moved to approve the request for a rezone of Lot 111-A. Block 9, Erskine Addition, from R2- Two -Family Residential to B -Business. Chair Schmitt opened the public hearing. Seeing and hearing none. Chair Schmitt closed the public hearing and reconvened the regular meeting. VAN DYKE moved to postpone to the regular meeting of August 2021. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. CASE: 21-012 APPLICANT: Lucas & Amira Baxter AGENT: A rezone of Lots 3 & 4, Block 7, Miller REQUEST: Point Subdivision, from RR1-Rural Residential One to B -Business (KIBC 17.205) LOCATION: 4026 & 4078 Otmeloi Ave. ZONING: RR1-Rural Residential One VAN DYKE moved to approve the request for preliminary approval of a rezone of Lots 3 & 4, Block 7, Miller Point Subdivision, from RR1-Rural Residential One to B -Business and to adopt the finding of fact in the staff report. Kodiak Island Borough June 16, 2021 Page 12 Planning and Zoning Commission Regular Meeting Minutes Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 49 of 141 AGENDA ITEM #9.A. Chair Schmitt opened the public hearing. CITIZEN COMMENT • Shelly Paulson • Steve Paulson • Ted Hansen • Kalen Pederson Chair Schmitt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. CASE: 21-010 APPLICANT: Alaska Department of Natural Resources AGENT: George Horton Preliminary approval of the subdivision of portions of government Lots 1, located in Sections 29, 32, 33, & 34, T25S R24W, REQUEST: and Sections 26, 27, 35, & 36, T25S R25S, Seward Meridian, and vacation of a section line easement, creating Lots 1- 35, Alaska State Land Survey No. 2019- 19, Kupreanof Shores Subdivision. LOCATION: Kupreanof Peninsula ZONING: CN- Conservation VAN DYKE moved to approve the request for preliminary approval and to adopt the finding of facts as listed in the staff report. Chair Schmitt opened the public hearing. CITIZENS' COMMENTS • Lindsey Vaughn Chair Schmitt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS None. NEW BUSINESS None. Kodiak Island Borough June 16, 2021 Page 13 Planning and Zoning Commission Regular Meeting Minutes Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 50 of 141 AGENDA ITEM #9.A. COMMUNICATIONS None. REPORTS a. Meeting Schedule: • Staff made a request to cancel July meetings as we are short on staff • Work Session August 11, 2021 at 6:30 P.M. • Regular Meeting August 18, 2021 at 6:30 P.M. STAFF COMMENTS • Borough Manager Powers noted that we are continuing to recruit for a community development director and a planner. At this time Assessor Garoutte And Borough Manager Powers will be taking care of the P&Z. Also noted that they would not be the permanent staff persons for the P&Z. CITIZEN COMMENTS • Ted Hansen COMMISSIONER COMMENTS • Not Recorded • Commissioner Delgado thanked staff for the great work and is looking forward to the hiring of the new people. • Commissioner Kenneson had none. • Commissioner Novello had none. • Chair Schmitz commented that this was a learning experience for him as well. He commended the staff on a job well done. Understands that staff has been inundated and shows how well they (the commission) are treated by staff so that they can focus on the decisions. Looks forward to new staff so that we can continue to move forward. ADJOURNMENT VANDYKE moved to adjourn. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:41 p.m. KIB Planning and Zoning Commission Alan Schmitt, Chair ATTEST: Seema Garoutte, Assessing Director Kodiak Island Borough Planning and Zoning Commission Regular June 16, 2021 Meeting Minutes Page 14 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 51 of 141 AGENDA ITEM #9.A. COMMISSIONER SCHMITT That brings us to case 21-012 the applicants are Lucas and Amira Baxter. This is a rezone of Lots 3 and 4 Block 7 Miller Point Subdivision from RR1- Rural Residential 1 to B- Business KIBC 17.205. The location is 4026 and 4078 Otmeloi Avenue current zoning RR1- Rural Residential 1. COMMISSIONER VANDYKE Alright, move to approve a rezone for Lots 3 and 4 Block 7 Miller Point Subdivision from RR1 to B Case number 21-012. And to adopt the findings of fact in the staff report. COMMISSIONER SCHMITT Is there a 2nd? COMMISSIONER DELGADO I'll 2nd COMMISSIONER SCHMIDT May we have a staff report please ASSESSOR GAROUTTE The rezone request was submitted by Lucas and Amira Baxter on May 3rd. Lot 3 is vacant and lot 4 contains a single-family residence and a large garage/shop. The application states that the intent in rezoning the parcels to business zone is to allow retail sales of fishing supplies and a net mending facility and that shop will be used to store and offer rope, line and fishing hardware for sale. The RR1- Rural Residential 1 zone district is established as a land use district for a large lot, low density residential and general agricultural purposes. And it also prohibits commercial and industrial land uses. The B zoning district is established for the purpose of protecting and encouraging of the development community business core areas that function efficiently as centers of retail business and retail service activities. This request to rezone two parcels of RR1-Rrural Residential 1 zoned property, to B Business to accommodate a fishing supply and retail sales business and net mending facility. Lot 3 is vacant and lot 4 houses the single-family residence and a shop. The applicant has indicated that the Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 52 of 141 AGENDA ITEM #9.A. shop would house the retail business. There is no indication to date as to the intended use of the vacant parcel. Staff recommends that commission deny this rezone request. COMMISSIONER SCHMITT Any questions of the staff? Alright, I am going to close our regular meeting and open the public comment portion of the meeting. If you would like to be heard, please come to the podium, sign in, state your name, and turn on the microphone. And if you're listening in and would like to testify the local telephone number 486-3231 toll free telephone number 855-492-9202. CITIZEN COMMENTS: SHELLY PAULSON Hello, my name is Shelley Paulson, I live at 962 Mallard way, which is at the top of the hill across from NorthStar which looks directly over this property. This is a six -acre partial. So, it's very large, it's designated as our RR1 for neighborhoods, half acre lot, minimum. So, if this is changed to a business, it would completely go against what the incorporating of a neighborhood is. It's the potential for auto shop, net mending. You just read all the ones, Mr. Schmitt, on what could come for business. Every parcel of property around these two large six -acre area, are zoned RR1 or RR, so there's no adjacent property that's designated as business. So, incorporating a business into the middle of this neighborhood completely goes against what zoning is all about. And in my mind, increased noise and increased traffic. NorthStar's right up there so more traffic flow under where on the road. Most likely a very unsightly view and decrease of the neighborhood feel. Thank you. COMMISSIONER SCHMITT Thank you. SHELLY PAULSON I do oppose this rezone COMMISSIONER SCHMITT Thank you. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 53 of 141 AGENDA ITEM #9.A. STEVE PAULSON Good evening. I'm Steve Paulson I'm her husband. I also too oppose this, and first for a few different reasons. Number one, it's spot zoning and there are a couple of residences, there would have to also agree to that same type of zone. I don't think it's tenable. In fact, the Martin residents which is adjacent to the property, we've already spoken with her she's on board with opposing this as well, I think, on the record, she's on for opposing it. We've met with a number of neighbors who are also opposed for the reasons my wife has just spoken. Again, Alan has, Mr. Schmidt has demonstrated what can possibly happen. Does this not include pot growing as well I mean; I think that's a possibility too? Given the size of the acreage. Nevertheless, you know, I guess not because it's near a school, but we're concerned about the increased traffic. There's supposed to be a road being built in there and it'll have to be maintained and the difficulties with maintaining it. I don't think it's tenable. Another problem that I see with so many properties, such as what happened at the corner of Otmeloi and Rezanof is the property was zoned business with a specific intent and then it was sold off and then it became an unsightly mess. And this is, you know, admiring the owners entrepreneurial spirit and you know, a small net mending business is one thing but at some point, in the future, the property will be sold, and there's no telling what will happen to it. And there's so many residents in this general area that have turned into junkyards, literal junk yards, it's unsightly and it's a mess. And so again I oppose. COMMISSIONER SCHMITT Thank you. Anyone else? TED HANSEN Hi, I'm Ted Hansen. The property in question abuts my property. I'm opposed to it. I consider it "spot zoning" which we don't consider to be legal. I'm very concerned about the fact that if it goes business, then it could be anything beyond. And that's what happens. Once it's a business we can't go backwards. And so, not happy about it and I oppose it adamantly. Thank you. COMMISSIONER SCHMITT Thank you. Anyone else? Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 54 of 141 AGENDA ITEM #9.A. KALEN PEDERSO Hello, my name is Kalen Pedersen. I live at 4146 Otmeloi Way right down the road from where this was proposed. And what everyone else said earlier, I agree with them. My main concern is noise and traffic and parking and perhaps chemical or other hazardous materials. So, I also oppose this. Commissioner Schmitt Thank you. Anyone else? COMMISSIONER SCHMITT Alright, I will close the public hearing and open the regular meeting for commission discussion and just, I guess there's a predicate answer to Mr. Paulson's questions there's 26, 27, 28, 29, 30, 31, 32, 33, 34 ... there are 34 different uses and business permitted uses in a business district and the last three do deal with the marijuana retail stores, marijuana testing facilities and then the last is marijuana manufacturing facilities but there's a bunch of others, I'm not going to read them all. So, other commission comments? COMMISSIONER KENNESON Yeah, I mean, I know it's difficult to start a business in Kodiak, it's not easy to find commercial property some sympathetic to the folks looking to rezone this to business. However, there's just, I don't see enough. I mean it is a rather significant change. There are lots of things down the road that it could turn into as the neighbors have noted. I wish I had more information about what the plans were for this business. It is a huge, big piece of property and I wish that we had more information about their plans for the future but as given I don't see that in front of me right now. In fact, right now, I think I'd have to vote no at the moment on this application. COMMISSIONER SCHMITT Thank you. Mr. Delgado. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 55 of 141 AGENDA ITEM #9.A. COMMISSIONER DELGADO I agree with most of the people, with all the guys that have testified. I was a commercial fisherman for 30 plus years. I know a lot about gear work and what goes on with that and just yesterday I noticed somebody doing their seine work down on the dock and they were painting something onto the knots, I guess it's knot hardener. Now that is something that I've never encountered in my life. I told him that when we tied knots in the past, we tied it tight enough that they wouldn't come loose. Now they have these chemicals that make them tighter so I'm also concerned with what might be going on inside the building, as far as the chemicals and that are concerned. I think that we are doing a pretty good job of encouraging people to find different ways to open businesses here in Kodiak, but this doesn't look like a proper spot for this type of a business, because like I said, I was a fisherman for over 30 years and I know the weight of the equipment that is needed to haul some of the stuff that you use to do seine work and gear work so I will be voting against this. COMMISSIONER SCHMITT Thank you. Anyone else. COMMISSIONER NOVELLO Yes, I just had a few comments, and you know I pulled up on my phone something I thought I was familiar with and the overhead imagery. And if I'm not mistaken, what adjoins that to the West is a sawmill, is that correct? Am I in the right spot? (Crowd answers yes) And then across the street is a dog kennel. Is that correct? There's a B&B, and I'm familiar with that because I've been in this shop before, and that's probably the biggest reason is, that's probably one of the largest enclosed shops... nice on the island. You know. I mean I can understand what you're saying the schools up there, but the sawmills been there a long-time, chemicals and sawmills been there a long time. Dog Kennel that's commercial business is that not? (Inaudible response) So, the home business okay. So, yes, same as the B&B but knowing the limitations of Kodiak and what's available to you to do those said types of things, leads me to something that maybe instead of just approving business kind of like we're talking with the previous case or with Kana is adjusting some other things instead of just saying no, I would think that the Borough has the ability to say what the business can and can't do or can or cannot have, instead of just saying no across the board. But that's just my comment. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 56 of 141 AGENDA ITEM #9.A. COMMISSIONER SCHMITT Anyone else? Mr. VanDyke first then Mr. Kenneson. COMMISSIONER VANDYKE So, I hear what Mr. Novello saying and it's, again, looking at the aerial imagery. Some of the concerns I think can be mitigated the access to this property is near the Martin's house in near, I believe, the Peterson property. If customers were visiting this business, they wouldn't be driving in very far into a residential neighborhood. Again, as Mr. Novello said, this is a nice warehouse. It was built by a previous owner. Maybe for some other intended purpose, and it's now perhaps being underutilized at this point in time. There's a lot of space in the property. But as the comment was made it would be spot zoning for that. For that reason, I'm opposed to the rezone. It's unfortunate because I do not think there's enough business or industrial property in this community to house all our needs and you see people trying to do what they can do, with the resources that they have. This being a piece of residential property and trying to possibly to run a business on it. So, I do support the denial of the rezone based on those purposes, based on those reasons because it's spot zoning, but I do think it highlights a bigger issue in our community. Thank you. COMMISSIONER KENNESON Yeah, I appreciate Mr. Novello's comments. I just wanted to reemphasize that when I said, I'm against this, my main concern is the size of the rezone wave with the lack of information. If we had more information I could possibly be persuaded. If we want to postpone, I don't want to keep kicking the can down the road today on all this stuff today but if we did postpone and we heard from the applicant more, that would be good. However, I'd say, if we had to vote on it today, I would say no. COMMISSIONER SCHMITT Anyone else? Okay, my turn. The permitted uses in the RR1- Rural Residential use include fishing activities when an owner -occupied dwelling is present on the premises. In the past staff has been able, well I know many other fishermen have large sheds on their structures in which they do gear work and a variety of other things. And I think there have been other people that you know will make subsistence nets that they sell, or I think it may be possible for the applicants to do a fair degree of their fishing related business with under the RR1 zoning district and if they want, perhaps to expand. I appreciate them coming forward Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 57 of 141 AGENDA ITEM #9.A. and being proactive rather than coming in and asking for forgiveness after the fact but when staff gets back, they can do what, or potentially do ... I had the word now but it's similar use determination, come in and say this is what I want to do and staff can look back through the records of what other people have been able to do and if it's not crystal clear it can come down to the commission and we could do a similar use determination for that. So, it may be possible, you know the retail business might be a bit of a of a stretch but some of the other things, I think, could fit within the permitted uses. I would encourage the applicant to pursue that, but I also understand the arguments for "we need more business property" but we also have had ever since I've been involved with the Commission concerns about the housing shortage in town and I have, by in large, been opposed to rezoning residential property to business property. I voted against the rezoning of the property on the corner of Otmeloi and Rezanof for that reason. And as it has been said by some of the testimony tonight, once you make it business, people can use it, they can sell it to somebody else that can then use it for anything else that's allowed in the business zoning district. So, I will be voting against the motion. Open it up if anybody else has anything they'd like to say in response to what I say. Staff comment? BOROUGH MANAGER POWERS If I may, Commissioner, that concern that staff had about it was the retail sales, as you pointed out, the application does include retail sales. Generally speaking as you outlined, a lot of the commercial fishing uses that have occurred in residential zone districts, has been owners working on their own equipment, their own nets, storing equipment, even light manufacturing of and repair work on their equipment, but the retail sales component was the part that kind of crosses into a more commercial type of activity. COMMISSIONER SCHMITT Thank you, Mr. Power's. Any further discussion. COMMISSIONER DELGADO thank you Mr. Powers, I appreciate that, and I do understand that concern on the increase in traffic in and out, in and out for a retail type of business. Being in that property and no one on that property is that housed commercial a dump truck, inside there for a number of years there, I mean they could have put Conex boxes all over their piece of property and you couldn't have said anything about it as long as they weren't conducting commercial retail business. So, I think there's, personally I think there's a way around it without it. Like we're saying do something else aside from Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 58 of 141 AGENDA ITEM #9.A. turning it over to just straight commercial is affording them the opportunity to make everybody happy in the fact that it's a very large, enclosed structure to do multiple things. I assume that part of the problem here is that the house is a separate lot from the actual building, it's two lots, correct? ASSESSOR GAROUTTE It is two. SOME INAUABLE FROM AUDIENCE It is two lots but the house and the shop are on the same lot. COMMISSIONER DELGADO So, much like we said before they could do an individual owned business, not the retail portion of that. COMMISSIONER SCHMITT Any further discussion? Roll call vote, then please. ROLL CALL VOTE Mr. Schmidt? No. Mr. Delgado? No. Mr. Novello? No. Mr. Van Dyke? No. Mr. Kenneson? No. Would anyone like to change their vote? The motion fails, zero to five. COMMISSIONER SCHMITT If Mr. and Mrs. Baxter are present tonight with you, in any event and this is true for any case, a letter will be coming out of staff in about a week or so that explains the decision and there are appeal rights for the assembly if you want to pursue that. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 59 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business XThis written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: JAMES PRYOR Residence Address: 1012 STELLER WAY, KODIAK AK Written argument supporting or opposing the appeal may be submitted by email to clerks(cDkodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 �- Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 60 of 141 AGENDA ITEM #9.A. Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR1-Rural Residential One To B -Business Q( This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: JOHSUA O NELSON/ JB","Ldj-Qj jJ A 566 Residence Address: 3198 LAKEVIEW DRIVE, KODIAK AK Comments: ; Nom- Akdel. � D *� e� �-r r Elie 5&wm, %l i✓�x � Gl�oo.tG �Sildulc/ ,� e- a- 7 -A -e- a2,� CftcS 5 ez d1 jCk �d Dwi�'� %CSD Qr YLdu rL� a/h,ek pod -j- .e s A*- Ives A -..e a/ �'.r- s L_ 64,be,,e-� Ch-o-`telL -A, S- Hits n -es s Written argument supporting or opposing the appeal may be submitted by email to clerks(a.kodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of PUbJic Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 61 of 141 AGENDA ITEM #9.A. 08/1812021 09:04 FAX 9074884018 ASSOCIATED ISLANO 8ROKER 160011001 Appeal Hearing Form - Thursday, August 19, 2021, 6:30 p.m. 710 Mill Bay Road, Kodiak, Assembly Chambers Case No. 21-012 (Appellant Lucas and Aimra Baxter) A Rezone Of Lots 3 & 4, Block 7, Miller Point Subdivision, From RR7-Rural Residential One To B -Business This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal, Name_ ROBERT BRODIE Residence Address: PO BOX 296,._KODIAK AK Comments: T S- " A `- Lo- cA p jLec- C- Written argument supporting or opposing the appeal may be submitted by email to clerks5kodiakak.us fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Kodiak, AK 99615 prior to 4:30 p.m. on Thursday, August 19, 2021. All written comments submitted on this appeal shall become part of the appeal record Notice of Public Hearing Case No. 21-012 Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, S... Page 62 of 141 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In The Community Development Department At Step F, Range 20.5 Of KIBC Salary Schedule And Approving Relocation Expense. ORIGINATOR: Grant Writer/Special Projects Support, Meagan Christiansen RECOMMENDATION: Move to approve Resolution No. FY2022-07. Staff Report - Special Projects Support, Meagan Christiansen Assembly Discussion Roll Call Vote DISCUSSION: The Associate Planner position in the Community Development department has been vacant since April 2021. This position has been advertised and applications received. The hiring team interviewed Mr. Maloney and invited him to Kodiak for a second interview in July. Mr. Maloney holds a Bachelor's degree in an appropriate field and has seven years of municipal planning experience; he currently resides in a rural area of Vermont. The hiring team concluded that Mr. Maloney's experience and personality would be a good fit for the KIB and initiated an offer of employment. Mr. Maloney expressed a desire for a higher salary past the Manager approval threshold. KIB Personnel Handbook states the Borough Manager can approve up to Step C. This is amount is $34.20 per hour. Mr. Maloney is requesting an amount that correlates with step F which is $36.83 per hour. Mr. Maloney is also requesting assistance with relocation expenses which requires Assembly approval. ALTERNATIVES: FISCAL IMPACT: Range 20.5, Step F = $76,602 Salary. Up to $6,383.50 in relocation expenses. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 63 of 141 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 AGENDA ITEM #13.6.1. Introduced by: Borough Manager thru the Mayor Drafted by: Manager's Office Introduced on: 08/19/2021 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2022-07 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING THE HIRE OF AN ASSOCIATE PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT AT STEP F, RANGE 20.5 OF KIBC SALARY SCHEDULE AND APPROVING RELOCATION EXPENSE. WHEREAS, the Borough Manager is the hiring authority for Borough staff; and WHEREAS, the Borough Manager has selected an applicant for the position of Associate Planner and has entered into negotiations; and WHEREAS, candidate Maloney is requesting and qualified for a salary rate of Step F ($36.83/hr.) which is above the Manager's authority of Step C ($34.20) to grant as well as relocation expense in accordance with the Kodiak Island Borough Personnel Manual which is equivalent to an amount up to one month's salary. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: The Borough Manager is authorized to hire candidate Maloney at range 20.5 step F of the salary schedule and further authorizes the payment of relocation expense as provided for in the personnel manual. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _ DAY OF , 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Alise L. Rice, Borough Clerk Resolution No. FY2022-07 Page 1 of 1 Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 64 of 141 AGENDA ITEM #13.6.1. TRANSPORTATION AGREEMENT The Kodiak Island Borough and EMPLOYEE hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $ (a maximum of one month's salary for above noted employee) to partially defray the transportation costs of a move from CITY, STATE OF RESIDENCE. Actual receipts will be provided to substantiate the above amount of funds. In return, EMPLOYEE agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but less than twenty-four (24) months At least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this day of 2020. Michael Powers, Manager Employee NOTE: In addition to 7.65% tax, social security and Medicare, payment is considered Supplemental Wages by the IRS, and has a mandatory Federal income tax rate of 22%, per IRS Publication 15 Employer's Tax Guide (Circular E), Supplemental Wages, available at: www.irs.gov/pub/irs-pdf/pl5.pdf Transportation Agreement — EE NAME Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 65 of 141 KODIAK ISLAND BOROUGH CLASS SPECIFICATION Planner Associate Planner/Enforcement Associate Planner/Long-Range Planning AGENDA ITEM #13.6.1. CLASS SERIES PAY RANGE FLSA STATUS Planning 20.5 Non -Exempt CLASS SUMMARY: This class is a stand-alone classification in the Planning series. Incumbents are responsible for representing the department at meetings; researching and recommending policies and procedures; providing professional level support to Boards and committees; researching, writing and managing grants; managing assigned projects; conducting field investigations and inspections and preparing related reports; and, conducting a variety of complex analyses related to community development. ESSENTIAL DUTIES: PERCENT OF This class specification represents only the core areas of responsibilities; specific TIME position assignments will vary depending on the needs of the department. Receives, reviews and processes zoning permit applications. Reviews site plans Daily and applicable codes and determines plan compliance of proposed development 30% projects. Informs applicant of plan approval or denial. Responds to inquiries from the public and development community regarding Daily zoning, subdivision and real property codes, adopted plans and other technical 30% planning information. Provides technical guidance and assists in issue resolutions related to proposals and application submissions. Researches and analyzes applicant submissions and prepares reports and Weekly presentations regarding plan review analysis and recommendations. 10% Attends public, committee, council and commission meetings and presents Weekly planning information, staff analysis and recommendations. 5% Maintains property file and permit documentation and responds to public and Weekly development community requests for property and code information. 5% Reviews, documents and maintains land subdivision and historical plat Monthly information. 5% May provide emergency preparedness support to local committee participating in Varies drills and training exercises. 0-10% Performs other duties of a similar nature and level as assigned. As Required Associate Planner/Enforcement Associate Planner/Long Range Planner 08/2014 Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 66 of 141 KODIAK ISLAND BOROUGH CLASS SPECIFICATION Planner Associate Planner/Enforcement Associate Planner/Long-Range Planning AGENDA ITEM #13.6.1. TRAINING AND EXPERIENCE: Bachelor's Degree in Planning and 3 years of community development planning experience; or, an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed above. LICENSING/CERTIFICATIONS: • State of Alaska Driver's License. KNOWLEDGE OF: • Applicable Federal, state and local laws, codes, regulations and/or ordinances; • Planning and zoning principles; • Research methods; • Mathematical concepts; • Civics and public administration processes; • Basic environmental, social and economic planning concepts and techniques; • Modern office equipment. SKILL IN: • Interpreting and applying applicable laws, codes, regulations and standards; • Providing customer service; • Reading, comprehending and/or interpreting written materials, maps and technical drawings; • Researching and investigating; • Presenting and speaking in public; • Utilizing a computer and relevant software applications; • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. ADA AND OTHER REQUIREMENTS: Positions in this class typically require: standing, walking, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Incumbents may be subjected to fumes, odors, dusts, gases, poor ventilation, extreme temperatures, travel and environmental conditions such as disruptive people, imminent danger, and a threatening environment. Associate Planner/Enforcement Associate Planner/Long Range Planner 08/2014 Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 67 of 141 KODIAK ISLAND BOROUGH CLASS SPECIFICATION Planner Associate Planner/Enforcement Associate Planner/Long-Range Planning NOTE: AGENDA ITEM #13.6.1. The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. This job description does not constitute an employment agreement between the employer and the employee and is subject to change by the employer as the needs of the employer and requirements of the job change. CLASS HISTORY INFORMATION: • Draft prepared by Fox Lawson & Associates LLC (BS) Date: 01/2013 • Adopted by KIB Ordinance 2014-16; 05/15/2014 • Finalized by KIB, Date: 08/2014 APPROVED: 8/29/14 BOROUGH MANAGER DATE Associate Planner/Enforcement Associate Planner/Long Range Planner 08/2014 Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 68 of 141 m O c 0 Z O N O N N O D O G (Q CD CD O D D N to O C) v CD D CD rd Kodiak Island Borough Schedule of Union Pay Rates COLA= 0.50% EFFECTIVE DATE 1/1/2019 A B C D E F G H I J K L M 7.00 A 34,760 35,629 36,519 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,608 46,747 H 16.7113 17.1291 17.5573 17.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 7.50 A 35,629 36,519 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,608 46,748 47,916 H 17.1291 17.5573 17.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 8.00 A 36,519 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,607 46,748 47,916 49,114 H 17.5573 17.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 8.50 A 37,432 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,608 46,748 47,916 49,114 50,342 H 17.9962 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 9.00 A 38,368 39,327 40,310 41,318 42,351 43,410 44,495 45,607 46,748 47,916 49,114 50,342 51,601 H 18.4461 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 9.50 A 39,327 40,310 41,318 42,351 43,410 44,495 45,608 46,748 47,916 49,114 50,342 51,601 52,891 H 18.9073 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 10.00 A 40,310 41,318 42,351 43,410 44,495 45,608 46,748 47,916 49,114 50,342 51,601 52,891 54,213 H 19.3800 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 10.50 A 41,318 42,351 43,410 44,495 45,608 46,747 47,916 49,114 50,342 51,601 52,891 54,213 55,568 H 19.8645 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 11.00 A 42,351 43,410 44,495 45,608 46,748 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,958 H 20.3611 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 11.50 A 43,410 44,495 45,607 46,748 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,957 58,381 H 20.8701 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 12.00 A 44,495 45,608 46,748 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,958 58,382 59,841 H 21.3919 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 12.50 A 45,608 46,748 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,957 58,381 59,841 61,337 H 21.9267 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 13.00 A 46,748 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,957 58,381 59,841 61,337 62,871 H 22.4748 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 13.50 A 47,916 49,114 50,342 51,601 52,891 54,213 55,568 56,957 58,382 59,841 61,337 62,871 64,442 H 23.0367 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 14.00 A 49,114 50,342 51,601 52,891 54,213 55,568 56,958 58,381 59,841 61,337 62,870 64,442 66,053 H 23.6126 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 14.50 A 50,342 51,601 52,891 54,213 55,568 56,957 58,381 59,841 61,337 62,871 64,442 66,053 67,705 H 24.2029 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 Effective 1/1/2019 1 m O c 0 Z O -1 N O N N O D O G (Q CD 2 CD O D D N O C) v CD v D CD rd T v CQ CD v O O Kodiak Island Borough Schedule of Union Pay Rates 15.00 A 51,601 52,891 54,213 55,568 56,957 58,382 59,841 61,337 62,871 64,442 66,053 67,705 69,397 H 24.8080 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 15.50 A 52,891 54,213 55,568 56,957 58,381 59,841 61,337 62,871 64,442 66,053 67,705 69,397 71,132 H 25.4282 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 16.00 A 54,213 55,568 56,958 58,382 59,841 61,337 62,870 64,442 66,053 67,705 69,397 71,132 72,910 H 26.0639 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 16.50 A 55,568 56,957 58,382 59,841 61,337 62,870 64,442 66,053 67,705 69,397 71,132 72,910 74,733 H 26.7155 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 17.00 A 56,957 58,382 59,841 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 H 27.3834 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 17.50 A 58,382 59,841 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,911 74,733 76,601 78,516 H 28.0680 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 18.00 A 59,841 61,337 62,870 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,517 80,479 H 28.7697 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 18.50 A 61,337 62,871 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,516 80,479 82,491 H 29.4889 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 19.00 A 62,871 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,516 80,479 82,491 84,554 H 30.2262 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 19.50 A 64,442 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,517 80,479 82,491 84,554 86,668 H 30.9818 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 20.00 A 66,053 67,705 69,397 71,132 72,910 74,733 76,601 78,516 80,479 82,491 84,554 86,668 88,834 H 31.7564 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 20.50 A 67,705 69,397 71,132 72,910 74,733 76,602 78,517 80,479 82,491 84,554 86,668 88,834 91,055 H 32.5503 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 21.00 A 69,397 71,132 72,910 74,733 76,601 78,517 80,479 82,491 84,554 86,668 88,834 91,055 93,331 H 33.3640 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 21.50 A 71,132 72,910 74,733 76,601 78,516 80,479 82,491 84,554 86,668 88,834 91,055 93,332 95,665 H 34.1981 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 22.00 A 72,910 74,733 76,601 78,516 80,479 82,491 84,554 86,667 88,834 91,055 93,331 95,665 98,056 H 35.0531 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 22.50 A 74,733 76,602 78,517 80,479 82,491 84,554 86,668 88,834 91,055 93,331 95,665 98,056 100,508 H 35.9294 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 23.00 A 76,601 78,516 80,479 82,491 84,554 86,668 88,834 91,055 93,331 95,665 98,056 100,508 103,021 H 36.8276 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 23.50 A 78,517 80,479 82,491 84,554 86,668 88,834 91,055 93,332 95,665 98,056 100,508 103,021 105,596 H 37.7483 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 Effective 1/1/2019 2 m O c 0 Z O -1 N O N N O D O G_ (Q CD 2 CD O D D O C) v CD v D CD rd Kodiak Island Borough Schedule of Union Pay Rates 24.00 A 80,479 82,491 84,554 86,667 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 H 38.6920 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 24.50 A 82,491 84,554 86,668 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 110,942 H 39.6593 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 25.00 A 84,554 86,668 88,834 91,055 93,332 95,665 98,056 100,508 103,021 105,596 108,236 110,942 113,715 H 40.6508 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 25.50 A 86,668 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 110,942 113,715 116,558 H 41.6671 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 26.00 A 88,834 91,055 93,331 95,665 98,056 100,508 103,020 105,596 108,236 110,942 113,715 116,558 119,472 H 42.7088 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 26.50 A 91,055 93,331 95,665 98,056 100,508 103,021 105,596 108,236 110,942 113,715 116,558 119,472 122,459 H 43.7765 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 27.00 A 93,331 95,665 98,057 100,508 103,021 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 H 44.8709 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 27.50 A 95,665 98,056 100,508 103,021 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 H 45.9927 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 28.00 A 98,056 100,508 103,020 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,520 128,658 131,875 H 47.1425 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 28.50 A 100,508 103,021 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 131,875 135,172 H 48.3211 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 29.00 A 103,021 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 131,875 135,172 138,551 H 49.5291 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 29.50 A 105,596 108,236 110,942 113,715 116,558 119,472 122,459 125,520 128,658 131,875 135,172 138,551 142,015 H 50.7673 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2764 30.00 A 108,236 110,942 113,715 116,558 119,472 122,459 125,521 128,658 131,875 135,172 138,551 142,015 145,565 H 52.0365 53.3374 54.6708 56.0376 57.4386 58.8745 60.3464 61.8550 63.4014 64.9864 66.6111 68.2764 69.9833 Effective 1/1/2019 3 AGENDA ITEM #13.6.1. Maloney Qualifications Profile Creative and skilled Regional Planner with solid experience in municipal planning and mapping, maximizing partnerships, facilitating strategic conversation, listening to and communicating with the public. ■ Expertise in creating, preparing, and publishing Regional Plans, Municipal Mapping, and assisting with Town Plans focused on Water Quality, Transportation, and Natural Resources. ■ Serve as both a team leader and partner on regional stakeholder counsels and committees. ■ Adept at maintaining quality control of projects to ensure quality levels meet professional standards. ■ Excellent interpersonal skills; fostering and fortifying partnerships with internal and external stakeholders. Able to communicate effectively with diverse groups. • Strong project coordination talents: capable of ensuring deliverables are completed within time and budget constraints. Professional Experience NORTHEASTERN VERMONT DEVELOPMENT ASSOCIATION, St. Johnsbury, Vermont Regional Planner, 112015—Present Manage planning for natural resources focused on water quality, transportation, land use, hazard mitigation. • Design and promote plans and policies affecting Water Quality, Land Use, Transportation and Hazard Mitigation. • Facilitate public meetings with key stakeholders, formulating and developing plans for development review and permitting; identified funding sources. • Create, prepare, and publish maps describing natural resources, land use and zoning, emergency preparedness, and municipal resources using ArcGIS, Community Viz, and Adobe Creative Suite software. • Serve as subject matter expert for municipal officials, determining project feasibility and cost-effectiveness, regulatory compliance, and alternatives. RURAL COMMUNITY TRANSPORTATION, INC. Lyndon, Vermont President of Board of Directors, 10/2016 — 112020 Lead the governing body of Vermont's largest public transit provider, geographically, responsible for oversite of 5.3 -million -dollar transit budget. Leading Organization through a transition period. Recruiting new Executive Director, Bylaw update, preparing a new ED for Strategic planning, marketing campaign, and revived board governance. ., ftllllll� N . Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 72 of 141 AGENDA ITEM #13.6.1. CAI TECHNOLOGIES, Littleton, NH Municipal Map Specialist, 0712012 — 12/2014 Created and maintained data and maps using AutoCAD and GIS to determine land use and zoning, conduct deed research, and map parcels. • Compiled and ensured accuracy of geographic data from variety of sources including field observation, satellite imagery, and existing maps. • Inspected, reviewed, and corrected municipal maps, accurately reading and interpreting land deeds, parcel/land surveys, and highway plans for 250 towns in four states. Lyndon State College, Lyndonville, Vermont GIS Technician, 2009 — 2012 Conducted multiple geographical assessments, gathered field data in remote areas, prepared summary reports, digitized maps, and instructed students in appropriate use of equipment. • Conducted stream geomorphic assessments, collecting data on aquatic and amphibious species passage through structures intersecting town roads. • Digitized maps for Costa Rican National Geographic Institute to be used by International School of Field Studies (ISFS) in conservation efforts. • Facilitated training on GPS and Trimble units and Pathfinder software; provided basic instruction in ArcMap for student conservation projects. • Collected bridge and culvert data for Vermont Agency of Transportation to determine town eligibility for FEMA funding. Educational Background & Affiliations Bachelor of Science, Recreation Resource Management, 2011 LYNDON STATE COLLEGE — Lyndonville, Vermont, 2011. Concentration in Natural Resource Planning and GIS Mapping Affiliations President, Board of Directors, Rural Community Transportation, Inc. Member, Memphremagog Study Advisory Group, International Joint Commission QuebecNermont Steering Committee on Lake Memphremagog, Connecticut River Joint Commission, Regional Public Forums Facilitator: Act 64 Water Quality Lake Memp 174 Renewable Energy Bill, Municipal Roads General Permit, Local Ha: Forums. Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In T... Page 73 of 141 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. ORIGINATOR: Borough Attorney RECOMMENDATION: Move to advance Ordinance No. FY2022-05 to public hearing at the next regular meeting of the assembly on September 16, 2021. Staff Report: Borough Attorney Discussion Roll Call Vote DISCUSSION: Last year, in order to accommodate public health restrictions of the Covid 19 Emergency Declaration and impacts of Covid-19 The Borough amended KIBC 7.30.020 to allow the Assembly to determine, by resolution, whether to use mail in voting in precincts where fewer than 100 voters cast ballots in the last election if there was an emergency or disaster declaration in effect. That ordinance provided, in part, that where a resolution was adopted calling for mail in voting the mail in voting procedures in KIBC Chapter 7.70 would apply. As we are coming up on the next election, and the Covid-19 Emergency Declaration is still in effect, and the number of cases is high, it was discovered that some practical adjustments may be required due to circumstances such as a shortage of poll workers and widespread concern about spreading the virus. Reviewing the procedures in KIBC Chapter 7.70, several of the elements, such as having an election official available in each precinct during set hours at least 15 days before the election date, are inconsistent with the measures preferred to conduct the election in a way which protects public health. In thinking about other potential emergencies or disasters it is reasonable to expect that each disaster or emergency which requires the by mail voting alternative may involve different risks, and the specifics of administering the by mail voting while a disaster or emergency declaration is in effect are better determined on a case by case basis when it occurs. For example, a fire or landslide may call for different procedures than a pandemic. Accordingly, it is recommended that KIBC 7.30.020(C) be amended to provide that the mail in voting process in Chapter 7.70 will be looked to for a guide, but the resolution approved by the Assembly for the specific election to be conducted by Kodiak Island Borough Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ... Page 74 of 141 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING mail in ballot in some precincts would set out any changes in procedures from those described in Chapter 7.70 to be used in the specific election. ALTERNATIVES: Adopt the change, and adopt an resolution each time this is required setting out any specifics for how voting by mail under Chapter 7.70 will be implemented during the specific disaster or emergency. Decline to amend the Code and choose whether to follow all of the procedures in Chapter 7.70 for mail in voting during a disaster or emergency declaration. FISCAL IMPACT: Implementing the full procedures in Chapter 7.70 will likely cost a similar amount to standing up a regular polling station, but does not address the issue of poll worker safety. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ... Page 75 of 141 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 AGENDA ITEM #13.C.1. Introduced by: Borough Clerk thru the Mayor Drafted by: Borough Attorney Introduced on: 08/19/2021 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2022-05 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 7, ELECTIONS, 7.30.020 PRECINCTS AND POLLING PLACES. WHEREAS, The Assembly finds that when an election is held during a disaster or emergency declaration some of the procedures used to conduct the election may need to be adapted to conduct the election in a manner which does not unreasonably endanger the public health and welfare; and WHEREAS, The Assembly finds that the process required may vary based upon the nature of the disaster or emergency, and the transient and variable nature of emergencies or disasters makes it more appropriate to designate the procedures to be followed to respond to the circumstances posed by a particular disaster or emergency declaration in a resolution specific to that election. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 7.30.020, Precincts and polling places, of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 7.30.020 Precincts and polling places. A. The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all elections. The clerk shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. B. No later than 20 days before each regular and special election, the clerk shall publish in one or more newspapers of general circulation in the borough the locations of the precinct polling places. Such publication shall be repeated at least once no later than the day prior to the election. C. If If a declaration of a disaster or emergency has been issued by the President of the United States, the Governor of Alaska, or the Emergency Services Council (KIBC 2.110.030) which includes areas within the Kodiak Island Borough, precincts where the voter turnout was less than 100 voters at the last regular election may be designated as "ballot by -mail' precincts by resolution of the assembly. In those precincts, ne election officials shall need not be appointed. In "ballot by -mail' precincts the procedures outlined in Chapter 7.70 KIBC shall be followed as modified by the resolution designating the precinct a ballot Kodiak Island Borough, Alaska Ordinance No. FY2022-05 Page 1 of 2 Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ... Page 76 of 141 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 AGENDA ITEM #13.C.1. by mail precinct as needed to accommodate the restrictions created by the declared disaster or emergency. Voters in a "ballot by -mail' precinct wishing to vote early or absentee in person may do so at any designated early voting or absentee voting site. Any precinct designated as a "ballot by -mail" precinct in accordance with the provisions of this subsection will remain a "ballot by -mail" precinct until such time as declared disaster or emergency status has been lifted. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IEke] I]M1:210"]W1011911.101W lie]: William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska THIS _DAY OF , 2021 ATTEST: Alise L Rice, Borough Clerk Ordinance No. FY2022-05 Page 2 of 2 Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ... Page 77 of 141 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior Exemption Appeal. ORIGINATOR: Borough Attorney RECOMMENDATION: Move to accept the Superior Court Decision for Case No. 3 KO -20-96 Cl, Melvin Stephens Senior Exemption Appeal. Staff Report - Borough Manager, Michael Powers Assembly Discussion Roll Call Vote DISCUSSION: Mr. Stephen's Exemption Appeal is scheduled for the next regular meeting of the Assembly on September 2, 2021. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 78 of 141 AGENDA ITEM #13.D.1. IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK MELVIN M. STEPHENS ll, Appellant, V. KODIAK ISLAND BOROUGH and SEEMA GAROUTTE Appellees, Case No. 3KO-20-96C1 ORDER ON APPEAL I. INTRODUCTION This case is on appeal from the final decision of the Kodiak Island Borough (KIB) Assessing Department. Mr. Stephens argues that the Borough and assessor Seema Garoutte erred by denying his senior property tax exemption application. Specifically, Mr. Stephens argues that the Borough illegally delegated the decision-making on whether to accept his late -filed application to the assessor. Mr. Stephens further argues that requiring the annual reapplication of previously qualified seniors has no basis in the Kodiak Island Borough Code (KIBC). Lastly, Mr. Stephens contends that there was "good cause" to accept his application and the Borough abused its discretion in denying it. In response, KIB, argues that because the legislature has not expressly preempted the Borough from delegating the good cause determination to the assessor and therefore, she had the authority to reject Mr. Steven's application as late -filed and properly exercised that authority in this case. KIB also argues that the assessor's decision finding that there ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page I of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 79 of 141 AGENDA ITEM #13.D.1. was no good cause to accept Mr. Stephen's late filed application was supported by ample evidence in the record. For the reasons set forth more fully below, the court finds that KIB illegally delegated the authority to reject late -filed applications for tax exemption to the assessor. The Borough's delegation of the good cause detemlination to the assessor violated the statutory provisions requiring the Borough Assembly to determine whetherto reject a late - filed application. The court therefore remands this case to the Borough, so that the Kodiak Island Borough Assembly may take up the issue of whether to reject Mr. Stephens' senior tax exemption application for being late -filed. Because the court's decision remands the case to the Borough, the court does not decide the merits of the other points raised by the Mr. Stephens including whether it is illegal for the Borough to require an annual application by previously qualified seniors.' 11. FACTUAL BACKGROUND Mr. Stephens is a resident of Kodiak over the age of 65, who has owned the same property for a number of years. He has previously applied for, and received, the senior tax exemption mandated by AS 29.45.030 (e). This statutory scheme allows each Alaska resident over 65 a tax exemption for the first $150,000 in value of their primary residence. In mid- November 2019, the Kodiak Island Borough assessor mailed out the applications for the tax exemptions. Mr. Stephens did not receive his. He reached out to KIB, who sent him another application form in the mail, which arrived after the initial 1 It occurs to the court that generally denying a benefit to a senior citizen who has previously qualified for that benefit is likely to be perceived as being unjust and arbitrary by the public. Particularly where the disqualification is based upon the failure of an aging citizen to meet what is otherwise an arbitrary deadline. That observed, it also occurs to this court that the very reason the statute imposes the decision whether to reject such applications upon elected assembly members is because they, unlike the assessor, are answerable to the electorate. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 2 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 80 of 141 AGENDA ITEM #13.D.1. application deadline had already passed. Mr. Stephens mailed it back, noting the reason for the delay on the form. There is considerable disagreement between the parties about the factual specifics of the delay in the application process and its proper characterization. The Borough states that Mr. Stephens was "uncertain whether he had received and misplaced the application for an exemption, or received it and sent it in, or not received one at all."z Mr. Stephens contends that he never received his application materials and states "it appears to have been lost in the mail."3 On March 4, 2020, the assessor mailed Mr. Stephens to let him know that his application would not be accepted because it was untimely. Mr. Stephens requested reconsideration of this denial, and a telephonic hearing with the assessor took place on April 21, 2020. On May 4, 2020, the assessor denied Mr. Stephens' request for reconsideration, and Mr. Stephens field a timely notice of appeal to the Superior Court. AS 29.45.030 (e) provides the legal basis for the tax exemption for the primary residence of Alaskans over the age of 65. AS 29.45.030 (f) requires the municipalities to enact ordinances which "establish procedures and deadlines for the filing of the application." KIB has exercised this statutory mandate by adopting KIBC 3.35.030, which sets outs procedures for the applications for a variety of tax exemptions, a process for the review of received applications as well as a process for appeal.4 III. POINTS ON APPEAL Mr. Stephens raises the following points in his appeal to the Superior Court. (1) Whether it is consistent with and reasonably necessary to the implementation of AS 2 Appellee's Brief. page 8-9. 'Appellant's Brief, page 9. 41d. at p. 6. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 3 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 81 of 141 AGENDA ITEM #13.D.1. 29.45.030 (e) to require annual reapplication for the tax exemption by previously qualified seniors whose personal circumstances have not changed. (2) Whether the assessor may reject a late filed application without providing the applicant recourse to the assembly to determine whether good cause existed for the late fling. (3) Whether the governing body may drastically change a good cause standard that has been followed for 30 years. (4) Lastly, whether it is an abuse of discretion by K113 to deny the tax exemption solely on the grounds of a missed filing deadline. IV. STANDARD OF REVIEW The Alaska Supreme Court has set out four standards of the review of administrative decisions. They are "the 'substantial evidence test' for questions of fact; the 'reasonable basis test' for questions of law involving agency expertise; the 'substitution of judgment test' far questions of law where no expertise is involved; and the 'reasonable and not arbitrary test' for review of administrative regulations." -5 On questions that require statutory interpretation, the court applies its independentjudgement.6 V. ANALYSIS The court will address the issue of whether the delegation of the good cause determination to the assessor was consistent with AS 29.45.034 (f) first. Mr. Stephens argues that AS 29.45.030 (f) "explicitly designates the assembly to make the waiver decision with regard to acceptance of untimely senior exemption applications, '17 AS 29.71.800 (10) defines the governing body as "the legislative body of a municipality that is the assembly of a borough...." The clear language of the statute, Mr. 5 Oels v. Anchorage Police Dept. Employee Assn, 279 P.3d 589,595 (Alaska 2012). 6 Yahara v. Constr. & Rigging, 851 P.2d 69, 72 (Alaska 1.993). "Appellant's Brief, p. 30. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-9601 Page 4 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 82 of 141 AGENDA ITEM #13.D.1. Stephens argues, leaves no doubt as to the legislator's intent to assign the good cause determination to the governing body. Mr. Stephens further points out that the legislature deliberately assigned the different tasks of the implementation of the senior tax exemption program to distinct entities of municipal administration. He points to subsection (e) of AS 29.45.030, which charges the assessor, rather than the assembly, the determination of whether certain properties are eligible to qualify for the exemption.' Because the statute's language is clear and unambiguous, appellant argues that the legislature's intent cannot be circumvented by a delegation that is diametrically opposed to it.9 He states that the assessor addressed this point in her letter to Mr. Stephens denying his application, where she argued that because AS 29.45.030 (f) does not explicitly prohibit the delegation, it must be permissible.10 Mr. Stephens argues that this approach ignores "the guiding principle of statutory construction" which is "to implement the intent of the legislature,"" and states that "it is simply disingenuous to claim that the legislature's intent may be disregarded because it didn't add language expressly prohibiting delegation of the duties it had just assigned."12 Last, Mr. Stephens points to examples from other statutes which he says prove that when the legislature intends to allow for delegation of duties it has assigned to he governing body, it typically says so in the statute itself.13 Therefore, he concludes, the assessor's claim that failure to prohibit delegations equals permission is untenable. 8 !d at p.30-31. !d. 10 !d. at 32, n. 37. 11 McCormick v. Municipality of Anchorage, 999 P.2d 155, 167 (Alaska Ct. App. 2000) (quoting Sakegak v. State, 952 P.2d 278, 284 (Alaska Ct. App. (1998)). 11 Appellant's Brief, p. 32. 1314 (providing examples in footnote 39). ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 5 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 83 of 141 AGENDA ITEM #13.D.1. The Borough opposes Mr. Stephens arguments of statutory construction by pointing to McCormick v. Dillingham for the proposition that "absent express legislative direction or a direct conflict with a statute "preemption exists only when an ordinance substantially interferes with" state law or its underlying purpose.14 KIB argues that the language of AS 29.45.030 (f) does not restrict the authority of the governing body to delegate tasks to the assessor, and points to the general power to delegate duties that is conferred on municipalities by AS 29.35.010 (3). Therefore, KIB concludes, it had the authority to "establish and prescribe duties for a municipal department or agency" and it exercised that authority by assigning the good cause determination to the assessor.15 KIB cites Stevens v. Alcoholic Beverage Control Board as a precedent in which the Alaska Supreme Court has "upheld a similar delegation of authority in an adjudicatory setting based upon the Alaska Constitution's requirement for a liberal construction of municipal powers." i6 In his Reply Brief, Mr. Stephens notes that his arguments are based on statutory construction, rather than the doctrine of preemption argued by the Borough." Addressing Stevens v. Alcoholic Beverage Control Board, Mr. Stephens argues that the case does not stand far the proposition that referring to the broad municipal powers under Article X of the Alaska Constitution and AS 29.35.010 (3) overrides the clear language of AS 29.45.030 (f). Stephens further points out that the case never addressed the construction of "the governing body in the statute at issue in that matter, and rather involved the question of whether the Matanuska-Susitna Borough Code actually effected 1616 P.3d 735, 740-741 (Alaska 2001). Is Appellee's Brief, p. 17. 16 Appellee's Brief, p. 17 (citing Stevens v. Alcoholic Control Bd., 257 P.3d 1154, 1157 (Alaska 2011). 17 Appellant's Reply Brief, p. 4. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 6 of 12 Superior Court Decision - Case No. 3 KO -20-96 CI, Melvin Stephens Senior... Page 84 of 141 AGENDA ITEM #13.D.1. a delegation to the Director." t8 Mr. Stephens distinguishes the case by pointing out that it involved the filing of a protest which set the stage for a neutral decisionmaker to render a decision, whereas his dispute with the Borough is a decision on whether he receives a valuable benefit.19 Finally, Mr. Stephens acknowledges "the general proposition that in Alaska municipal powers are to be liberally construed," but reaffirms his position that KIB's reliance on this principle misuses it as a vehicle to circumvent clear legislative intent 20 He cites to Cutler a Kodiak Island Borough as an example in which the Alaska Supreme Court evaluated the Borough's claims regarding its authority to create liens by assessing legislative intent rather than relying on the preemption doctrine and rejected KIB's overreliance on the liberal construction of Borough powers.21 Stevens v. ABC Board involved an appeal by a bar owner who had been convicted of violating noise and adult entertainment ordinances. Eventually the Borough's Director of Planning and Land Use protested the continued operation of the bar owners' liquor license to the ABC Board, which sustained the protest. After an administrative law judge recommended the ABC Board uphold its decision and enforce the denial of continued operations of the license, the bar owner appealed to the Superior Court, which affirmed the ABC Board's decision. In his appeal of the Superior Court's decision, Stevens argued that the ABC Board and the Superior Court erred in upholding a protest filed by the Director, rather than the Borough itself. While Stevens acknowledged the general 'Old. at p. 6. '9 Id. at p.6-7. 'old. at p. 9 " Id. at p.9-11 (citing Cutler v. Kodlok Island Borough, 290 p.3d 415 (Alaska 2012)). ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-960 Page 7 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 85 of 141 AGENDA ITEM #13.D.1. principle that municipalities may broadly delegate their powers, he argues that in no actual delegation of the Borough's protest authority to the Director had taken place.22 In Stevens v. ABC Board, the Alaska Supreme Court beg[a]n by noting the general principle that municipalities may broadly delegate powers to municipal agencies or officers. Article X, section 1 of the Alaska Constitution provides in relevant part that a 'liberal construction shall be given to the powers of local government units.' Alaska Statute 29.20.400(a) provides that the 'governing body [of a municipality] may establish municipal departments and distribute functions among them.' Alaska Statute 29.35.410 reinforces this authority by conferring upon municipalities 'all powers and functions necessarily or fairly implied in or incident to the purpose of the powers contained in Title 29, including the power to establish departments and distribute functions to those departments as provided by AS 29.20.400(a),23 Turning to the statute at issue in the case, AS O4.11.480(a), the Court stated that it permitted municipalities to protest actions with regards to liquor licenses in operation within their borders, and found "that absent some reason to believe the legislature limited a municipality's authority under AS 04.11.480, the Borough may delegate its protest power to a department or department head, such as the Director. Stevens offers no such reason, and we find none.024 This makes clear that the decision in Stevens v. ABC Board turned on the narrow ground of whether the protest of a continued operation was delegable to the Director under the Mat -Su Borough Code. The Court found that the legislative history of the Borough Code required a reading that delegated to the Director the authority to protest the continued operation of a liquor license to the same extent as he was able to take other actions regarding licensure.25 Finally, the Court concluded that "[e]ven if this conclusion were incorrect, the Borough's participation at every procedural as 257 P.3d 1154, 1157. 23 Id. 24 Id. ss Id, at 1158. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-960 Page 8 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 86 of 141 AGENDA ITEM #13.D.1. level is sufficient to cure any deficiencies in the Director's authority to file the protest."26 Noting that "several other state courts have concluded that a municipality may cure the absence of a delegation of authority by ratifying an agent's act so long as the municipality held the power to perform the original act," the Court found that "the Borough's extensive and continuing support ratified the Director's protest, curing any possible defect and adopting that protest as if the Borough had filed it directly with the ABC Board."27 AS 04.11.480 (a), the statute at issue in Stevens v. ABC Board, is significantly different from AS 29.45.030 (f) with regards to the language that assigns the governing body certain tasks. AS 04.11.480 (a) lists no other entity than the governing body when it addresses the different tasks it may take in exercising its protest authority. In contrast, AS 29.45.030 (f) has set out a two-step process, by which the governing body of the municipality may, for good cause shown, waive the claimant's failure to make timely application, and authorize the assessor to accept the application as if timely filed (emphasis added). The question for the court therefore is whether statutory construction principles necessitate a reading of the statute that prevents a delegation of the good cause determination to the assessor. Alaska does not follow the "plain meaning" rule of statutory construction. Even if the language of a statute is apparently clear and unambiguous, Alaska law employs a "sliding scale" analysis that allows a court to consider the legislature's intent when interpreting the statute, even when the literal wording of the statute conflicts with that legislative intent. Nevertheless, "tile plainer the language of the statute, the more 26 !d. 21 !d, at 7.158-1159. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 9 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 87 of 141 AGENDA ITEM #13.D.1. convincing [any] contrary legislative history must be" before a court can depart from the plain meaning of the statutory language.26 In addition, Alaska recognizes the "basic principle of statutory interpretation that, when possible, effect should be given to all provisions of a statute so that no part of the statute is superfluous."29 This is based on the assumption that every word, phrase and clause are intended by the legislature, has some meaning and that none was inserted by accident30 Conversely, courts should only disregard words and phrases if they result from inadvertence and, based on other indicia, are repugnant to legislative intent.31 The court has researched the relevant legislative history materials for AS 29.45.030 (f) and has not found any evidence resolving the question of whether the legislature intended to allow delegation of the good cause determination. It will therefore rely on the basic principle that the statute must be interpreted in a way that will give effect to every word and clause, without rendering any portion of it meaningless.32 Based upon the specific statutory language employed by the legislature, the court finds that the legislature made the deliberate choice to set out a two-step process, by which the governing body must make any good cause determination regarding late -filed applications and then authorizes the assessor to process the late -filed application. Were the court to adopt the Borough's approach that the lack of a prohibition of delegation equals its legality, it would render a portion of the statute meaningless. The statute clearly "Alaskans for Efficient Govt, Inc. v. Knowles, 91 P.3d 273,275 (Alaska 2004) (quoting Ganz v. Alaska Airlines, Inc., 963 P.2d 1015, 1019 (Alaska 7.998)). 23 Libby V. City of Dillingham, 612 P.2d 33, 39 (Alaska 1980) (citing 2A C. Sands, Sutherland Statutory Construction s 46.06 (4th ed. 1973). 30 Sutherland Statutes and Statutory Construction §46.6 (2000) (citing City of 5t Mary's v. St. Mary's Native Corp., 9 P.3d 7002, 1008 (Alaska 2000). 31 Sutherland, supra note 29 (citing Homer Elec. Assn v. Towsley, 841 P.2d 1042,1046 (Alaska 1992)). 32 See supro, not 29. ORDER ON APPEAL Stephens v. Kodiak island Borough & Garoutte, 3KC-20-96CI Page 10 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 88 of 141 AGENDA ITEM #13.D.1. permits the assessor to accept a late -filed application after the assembly has decided to waive the claimant's failure to apply timely for the exemption. But the language of the statute clearly intends to assign the good cause determination regarding the rejection of late-fi[ed applications to the assembly and intends the assessor to be merely responsible for the implementation of that decision. In order for Stevens v. ABC Board to hold the persuasive value that KIB argues it does, AS 29.45.030 (f) would have to be written in an analogous manner to the statute at issue in that case. In other words, reading the statute as KIB suggests, without the portion of the sentence that reads "and authorize the assessor to accept the application as if timely filed," renders that language effectively meaningless. The court notes that redundancy in legislative drafting has previously been characterized as "not uncommon,"33 and the Alaska Supreme Court has cautioned that the rule disfavoring redundant interpretations should not be applied in a mechanistic manner which would place obscure and unintended meanings to statutory provisions.34 The court does not think its interpretation of AS 29.45.030 (f) leads to this result. The second part of the sentence which assigns the assessor the implementation of the governing body's good cause determination is not a merely an inverse restatement of the distribution of tasks. Rather, it describes a hierarchical decision-making, which charges the governing body with both the substantive good cause determination, and the subsequent instruction to the assessor on the acceptance of late filed applications. 33 Homer v. Towsley, supra note 30 at 1045-1046. 16 !d. at 1046. ORDER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96C[ Page 11 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 89 of 141 AGENDA ITEM #13.D.1. Based on the analysis above, the court finds that the Borough impermissibly delegated the good cause determination to the assessor in violation of the legislature's intent as manifested in the plain language of AS 29.45.030 (f. VI. MOTIONS FOR TRIAL DE NOVO AND SUPPLEMENT THE POINTS ON APPEAL Mr. Stephens filed two motions in connection with his appeal. Having conducted oral argument on the appeal in April, and deciding the appeal with a remand to the Borough the court denies the motion for trial de novo as moot. The motion to supplement the points on appeal is equally rendered moot. VII. CONLUSION The matter is remanded so that the assembly may make the good cause determination with regards to Mr. Stephens late filed application. DATED this A' xkday of August, 2021 at Kodiak, Alaska. S Ai ,r 1�' r � � �` �� '�, � ''•.�� yrs S:FP EN B. WALLACE Superior Court Judge L b!5OF t il,r HtPs C Tkh-AE1U,EVVAG: mA LEG Ti k 0-7POSi i ED IN DISTRIBUTION TRAY "'LCRK'S OFFICE KODIAK c � sfrr�zr DEPUlYCLEW ILWE DRIER ON APPEAL Stephens v. Kodiak Island Borough & Garoutte, 3KO-20-96CI Page 12 of 12 Superior Court Decision - Case No. 3 KO -20-96 Cl, Melvin Stephens Senior... Page 90 of 141 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Report / Discussion Of Manager Recruitment Transition Plan. ORIGINATOR: Borough Manager, Michael Powers RECOMMENDATION: Move to approve the recruitment package for a new Borough Manager. Staff Report Assembly Discussion Roll Call Vote DISCUSSION: The attached documents include a proposed recruitment mail -out, the current KIB Manager's job description, example of Manager job descriptions from other 2nd class boroughs and a compilation of proposed advertisements based on the most recent Manger recruitment. ALTERNATIVES: take no action FISCAL IMPACT: Cost of advertising. OTHER INFORMATION: Kodiak Island Borough Report / Discussion Of Manager Recruitment Transition Plan. Page 91 of 141 AGENDA ITEM #13.D.2. j J ALAS t The Kodiak Island Borough is recruiting for the position of BOROUGH MANAGER Manager Recruitment July 2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 92 of 141 AGENDA ITEM #13.D.2. The Kodiak Island Borough is accepting applications for the position of Manager. The Manager is appointed by and reports to the elected seven -member governing body, the Assembly, and serves as the chief administrative officer of the local government organization. JOB SUMMARY: As the chief administrative officer of the borough, the Manager is charged with upholding and enforcing the laws and ordinances of the borough; administering the policies of the borough; managing the budget of approximately $43M and capital improvement program; and supervising department heads, the Manager's Office staff, and the day-to-day business of the borough. QUALIFICATIONS: • A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university. (A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability.) • Proven and demonstrated executive -level management experience with a minimum of five years of experience. • Experience in and knowledge of labor relations and collective bargaining/contract negotiations. • The applicant should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. • Applicant must possess strong organizational and planning skills. • Commitment to a team approach in working with staff and the Assembly by communicating, sharing information readily, and participating in problem solving. • Ability to maintain an open and honest relationship with the elected body. Is forthright in words and actions but not adversarial. Accepts the decisions of the majority and carries them forward assertively. • Experience working within a diverse multicultural community is a plus. SALARY Salary will be based on qualifications and experience. BENEFITS: Group plan health insurance that includes medical, vision, prescription, and dental (the current employee contribution is $180.00 per month for single or family); paid holidays; sick leave; annual leave; retirement plan; deferred compensation plans; and company sponsored Life and Disability insurance. TO APPLY: Interested persons should provide a letter of interest and a resume showing complete education and job experience to the Human Resources Office at 710 Mill Bay Road, Kodiak, AK 99615 or by email to mchristiansen(@kodiakak.us. Questions may be directed to the Human Resource Office, Meagan Christiansen at (907) 486-9303 or mchristiansen@kodiakak.us. The position is open until filled with the first application review date of September 30, 2021. Due to the high-profile nature of this position, applications are not considered confidential and are subject to public disclosure. Manager Recruitment July 2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 93 of 141 The Kodiak Island Borough is the regional local government for Kodiak Island and the surrounding area in Alaska. Demography... The Kodiak Island Borough encompasses the islands of the Kodiak archipelago, land along the Katmai Coast of the Alaska Peninsula and waters of the Shelikof Strait. Located in the western Gulf of Alaska approximately 250 air miles south of Anchorage, Kodiak Island is the largest island of the archipelago, and the second largest island in the United States, second to the island of Hawaii. Being an island in the North Pacific ocean, the climate is temperate; although precipitation is common, the temperature does not rise or fall into extremes. The beautiful shades of green that appear in the summer have earned Kodiak Island the nickname of the Emerald Isle. AGENDA ITEM #13.D.2. ALAS The population of the Kodiak Island Borough is approxi- mately 13,000 people with the majority living in the City of Kodiak and along the surrounding road system. In addition to the City of Kodiak, there are six small traditional Alaska Native villages and other remote settlements around the islands of the archipelago. Kodiak is the transportation hub for southwest Alaska. The Kodiak Benny Benson State Air- port is served daily by Alaska Airlines, and a number of bush plane operators that provide service to the island's outlying locations. The Alaska Marine Highway System (Alaska State Ferry) schedules regular runs from the main- land to Kodiak, some of its village communities, and out the Aleutian Chain to Dutch Harbor. The Port of Kodiak is a hub for Gulf of Alaska container traffic and a distribution center for consumer goods going to communities throughout southwest Alaska; and a major export point for fish cargo destined for markets around the world. Kodiak Island has been inhabited by indigenous people since 8,000 BC and was settled by Russian fur trappers in 1792. Since the Aleutian Campaign of World War II, several branches of the military have maintained a presence in Kodiak. The 1960s brought growth in commercial fisheries, fish processing and workers from all over the world. Today there is a community of diverse people and culture. Report / Discussion Of Manager Recruitment Transition Plan. Page 94 of 141 Homar—,,111" KATMAI ///(" NATIONAL Barren Islands Shayak Island PARK q/pynek Islantl Island BEGHAROF �S NWR JiT" ,`j* QMamro( '' d Ouzinkie Kodiak _ Karluk CN -1, L en Bay ALAS PENI KODIA WR e Kodiak Island NWR� Old Hart^ 9 Akhi.k ThOiityy Wands oDe 6se idi Islands ALASKAMARITIMENWR 6Chink.k Island AGENDA ITEM #13.D.2. ALAS The population of the Kodiak Island Borough is approxi- mately 13,000 people with the majority living in the City of Kodiak and along the surrounding road system. In addition to the City of Kodiak, there are six small traditional Alaska Native villages and other remote settlements around the islands of the archipelago. Kodiak is the transportation hub for southwest Alaska. The Kodiak Benny Benson State Air- port is served daily by Alaska Airlines, and a number of bush plane operators that provide service to the island's outlying locations. The Alaska Marine Highway System (Alaska State Ferry) schedules regular runs from the main- land to Kodiak, some of its village communities, and out the Aleutian Chain to Dutch Harbor. The Port of Kodiak is a hub for Gulf of Alaska container traffic and a distribution center for consumer goods going to communities throughout southwest Alaska; and a major export point for fish cargo destined for markets around the world. Kodiak Island has been inhabited by indigenous people since 8,000 BC and was settled by Russian fur trappers in 1792. Since the Aleutian Campaign of World War II, several branches of the military have maintained a presence in Kodiak. The 1960s brought growth in commercial fisheries, fish processing and workers from all over the world. Today there is a community of diverse people and culture. Report / Discussion Of Manager Recruitment Transition Plan. Page 94 of 141 Kodiak Island is home to... • A large and diverse fleet of commercial fishing vessels that are the basis of the primary industry in the borough. Seafood processors and a multitude of businesses providing support services also contribute to this industry. • The largest United States Coast Guard base in the nation. Base Kodiak houses Air Station Kodiak and home ports several Cutters for operations in the Gulf of Alaska and the Bering Sea. The Special Operations Forces Cold Weather Maritime Training Facility, Naval Special Warfare Cold Weather Detachment Kodiak trains United States Navy Seals The military contributes about 1,200 people to the local population. • The biggest bears in the world! The Kodiak bears are a unique subspecies of the brown or grizzly bear. They live exclusively on the islands in the Kodiak Archipelago and have been isolated from other bears for 12,000 years. There are about 3,500 Kodiak bears; a density of approximately 0.7 bears per square mile. In addition to the bears, Kodiak is home to an abundance of wildlife, avian and marine life. Living in Kodiak... Kodiak Island is incredibly beautiful and offers many amazing sights. It is com- mon to see Sitka blacktail deer along the roadside year round, trees full of bald eagles and a variety of whales near shore in the spring, brown bears fishing in the rivers in the fall, and the Northern Lights on clear winter nights. Kodiak is a relatively small community, but it has many amenities and is a great place to live. There is a major grocery store (Safeway), a Walmart store, two hardware stores, many small boutique businesses, restaurants and food trucks, coffee shops, two local breweries, a critical access hospital, healthcare practices, banks, hotels, churches, public schools, private schools, a community college, museums, a movie theater and occasionally live performances. There are numer- ous recreational activities that include hiking, hunting, fishing, boating, athletics, dance, theater, music, motor sports, photography and much more. There is something for everyone, unless you are an avid metropolitan city dweller. The people who live here are friendly and helpful, resilient and adaptable; many who live and visit here feel a true sense of community. Working for the Kodiak Island Borough... The Kodiak Island Borough is a second-class borough (similar to a county in other states) with a manager form of government. The Borough has seven depart- ments, with 40 full-time employees who have an average length of employment of nearly 10 years. Under the direction and leadership of the Borough Manager, the staff of the Kodiak Island Borough administer quality, cost-effective services to the citizens of Kodiak. Municipal powers include Area -wide: education, taxa- tion, planning, health; Non -Area -wide: parks & recreation, solid waste manage- ment, Economic Development, building inspections, animal control; Service Are- as: Roads, Fire & Emergency Services, Street Lighting, Water & Sewer. The Kodiak Island Borough offers a comprehensive benefit package including par- ticipation in the Public Employees' Retirement System (PERS); health insurance including medical, dental, and vision coverage; and life insurance. The Borough also offers paid vacation, holidays, and sick leave. The Kodiak Island Borough is an Equal Opportunity Employer. AGENDA ITEM #13.D.2. Report / Discussion Of Manager Recruitment Transition Plan. Page 95 of 141 AGENDA ITEM #13.D.2. 11 KODIAK ISLAND BOROUGH 11 JOB DESCRIPTION Job Title: Borough Manager Department: Manager's Office Supervisor: Borough Assembly Job Status: Exempt Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department directors and Manager's Office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: Acts as chief administrative officer for the borough, administers all borough affairs as mandated by law and ordinance, and represents borough as appropriate. Supervises the enforcement of borough ordinances. Oversees all functions of borough operations, except Borough Clerk and Borough Attorney, and establishes administrative policies for borough staff and operations. Coordinates government partnerships with City, federal, state, and other outside agencies. Carries out directives of the borough assembly. 2. Provides overall leadership to borough staff and promotes a strong service-oriented, customer relations approach by all borough employees in dealing with citizens and the business community. Ensures appropriate staffing levels to efficiently carry out borough operations, and holds staff accountable for the achieving goals and objectives. Coordinates programs and planning with department directors and makes any necessary recommendations to the assembly for changes in policy. Develops and implements staff training plans, conducts regular performance reviews to track progress and directs changes as needed. Appoints, suspends or removes borough employees and department directors, except as otherwise provided by statute and borough code. Administers any collective bargaining agreements and directly supervises manager's office staff and department directors. Responsible for all personnel actions concerning borough employees. Provides oversight of borough finances and adherence to the budget. Prepares the annual budget and capital improvement program for assembly action based on the assembly's goals and objectives, and executes the budget and capital improvement program as adopted. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Reports to the assembly at the end of the fiscal year on the finances of the borough and administrative activities of the borough. Assures that assigned areas of responsibility are performing within budget through —effective and efficient use of budgeted funds, personnel, materials, facilities and time. Monitors revenues and expenditures in assigned area to assure sound fiscal controls and performs cost control activities, and examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any needed Borough Manager Page 1 of 3 8/2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 96 of 141 AGENDA ITEM #13.D.2. improvements. Reports to the assembly at the end of the fiscal year on the finances and administrative activities of the borough. 4. Reports to the assembly at all its r-egtil meetings regarding issues raised in conducting of borough business and anticipated future issues. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Keeps the assembly and public fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Maintains dialogue with citizens, employees, elected officials and representatives from other public agencies to determine problems and provide information. 5. Provides leadership and direction to develop short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Directs and supervises the administration, care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks external funding, including state, federal and private grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: Performs other job related duties as assigned. Supervisory Organization: Borough Assembly Manager Department Directors Department Employees Borough Manager Page 2 of 3 812021 Report / Discussion Of Manager Recruitment Transition Plan. Page 97 of 141 AGENDA ITEM #13.D.2. MINIMUM REQUIREMENTS: Borough Manager Education and Experience: (1) A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university; (2) proven and demonstrated executive -level management experience with a minimum of five (5) years of experience; (3) experience in and knowledge of labor relations and collective bargaining/contract negotiations. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. Should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. Applicant must possess strong organizational and planning skills. Experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance and accounting practices; computer information systems; human resources; public works; community development; Alaska Statutes; and municipal law. Experience in preparing and administering budgets and ability to prepare and analyze comprehensive financial reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgment in carrying out special and general assignments, with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to convey ideas concisely and effectively in writing and in public speaking. Ability to inspeet ber-ough f4eilities, properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. Borough Manager Page 3 of 3 812021 Report / Discussion Of Manager Recruitment Transition Plan. Page 98 of 141 AGENDA ITEM #13.D.2. +71 w� e 0 A. �k ALASKA The Kodiak Island Borough is recruiting for the position of BOROUGH MANAGER Manager Recruitment July 2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 99 of 141 AGENDA ITEM #13.D.2. The Kodiak Island Borough is accepting applications for the position of Manager. The Manager is appointed by and reports to the elected seven -member governing body, the Assembly, and serves as the chief administrative officer of the local government organization. JOB SUMMARY: As the chief administrative officer of the borough, the Manager is charged with upholding and enforcing the laws and ordinances of the borough; administering the policies of the borough; managing the budget of approximately $43M and capital improvement program; and supervising department heads, the Manager's Office staff, and the day-to-day business of the borough. QUALIFICATIONS: • A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university. (A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability.) • Proven and demonstrated executive -level management experience with a minimum of five years of experience. • Experience in and knowledge of labor relations and collective bargaining/contract negotiations. • The applicant should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. • Applicant must possess strong organizational and planning skills. • Commitment to a team approach in working with staff by communicating, sharing information readily, and participating in problem solving. • Ability to maintain an open and honest relationship with the elected body. Is forthright in words and actions but not adversarial. Accepts the decisions of the majority and carries them forward assertively. • Experience working within a diverse multicultural community is a plus. SALARY Salary will be based on qualifications and experience. BENEFITS: Group plan health insurance that includes medical, vision, prescription, and dental (the current employee contribution is $180.00 per month for single or family); paid holidays; sick leave; annual leave; retirement plan; deferred compensation plans; and company sponsored Life and Disability insurance. TO APPLY: Interested persons should provide a letter of interest and a resume showing complete education and job experience to the Human Resources Office at 710 Mill Bay Road, Kodiak, AK 99615 or by email to IzeimerPkodiakak.us. The position is open until filled with the first application review date of September 30, 2021. Due to the high-profile nature of this position, applications are not considered confidential and are subject to public disclosure. Manager Recruitment July 2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 100 of 141 The Kodiak Island Borough is the regional local government for Kodiak Island and the surrounding area in Alaska. Demography... The Kodiak Island Borough encompasses the islands of the Kodiak archipelago, land along the Katmai Coast of the Alaska Peninsula and waters of the Shelikof Strait. Located in the western Gulf of Alaska approximately 250 air miles south of Anchorage, Kodiak Island is the largest island of the archipelago, and the second largest island in the United States, second to the island of Hawaii. Being an island in the North Pacific ocean, the climate is temperate; although precipitation is common, the temperature does not rise or fall into extremes. The beautiful shades of green that appear in the summer have earned Kodiak Island the nickname of the Emerald Isle. AGENDA ITEM #13.D.2. ALASK .w�....- The population of the Kodiak Island Borough is approxi- mately 13,000 people with the majority living in the City of Kodiak and along the surrounding road system. In addition to the City of Kodiak, there are six small traditional Alaska Native villages and other remote settlements around the islands of the archipelago. Kodiak is the transportation hub for southwest Alaska. The Kodiak Benny Benson State Air- port is served daily by Alaska Airlines, and a number of bush plane operators that provide service to the island's outlying locations. The Alaska Marine Highway System (Alaska State Ferry) schedules regular runs from the main- land to Kodiak, some of its village communities, and out the Aleutian Chain to Dutch Harbor. The Port of Kodiak is a hub for Gulf of Alaska container traffic and a distribution center for consumer goods going to communities throughout southwest Alaska; and a major export point for fish cargo destined for markets around the world. Kodiak Island has been inhabited by indigenous people since 8,000 BC and was settled by Russian fur trappers in 1792. Since the Aleutian Campaign of World War II, several branches of the military have maintained a presence in Kodiak. The 1960s brought growth in commercial fisheries, fish processing and workers from all over the world. Today there is a community of diverse people and culture. Report / Discussion Of Manager Recruitment Transition Plan. Page 101 of 141 Homer .qr -TMAI NArIaNA� sw.v�,,�,e PARK 16" 51fa G C«+�a c poi ftKodiak Nyn�k �Chlniak � `-aN N!SNA PENIN = N� KO�W�'YJRKodiak Island Ying4 ftmb�d` uwslukuamMENmt � 1•.�... � AGENDA ITEM #13.D.2. ALASK .w�....- The population of the Kodiak Island Borough is approxi- mately 13,000 people with the majority living in the City of Kodiak and along the surrounding road system. In addition to the City of Kodiak, there are six small traditional Alaska Native villages and other remote settlements around the islands of the archipelago. Kodiak is the transportation hub for southwest Alaska. The Kodiak Benny Benson State Air- port is served daily by Alaska Airlines, and a number of bush plane operators that provide service to the island's outlying locations. The Alaska Marine Highway System (Alaska State Ferry) schedules regular runs from the main- land to Kodiak, some of its village communities, and out the Aleutian Chain to Dutch Harbor. The Port of Kodiak is a hub for Gulf of Alaska container traffic and a distribution center for consumer goods going to communities throughout southwest Alaska; and a major export point for fish cargo destined for markets around the world. Kodiak Island has been inhabited by indigenous people since 8,000 BC and was settled by Russian fur trappers in 1792. Since the Aleutian Campaign of World War II, several branches of the military have maintained a presence in Kodiak. The 1960s brought growth in commercial fisheries, fish processing and workers from all over the world. Today there is a community of diverse people and culture. Report / Discussion Of Manager Recruitment Transition Plan. Page 101 of 141 Kodiak Island is home to... • A large and diverse fleet of commercial fishing vessels that are the basis of the primary industry in the borough. Seafood processors and a multitude of businesses providing support services also contribute to this industry. • The largest United States Coast Guard base in the nation. Base Kodiak houses Air Station Kodiak and home ports several Cutters for operations in the Gulf of Alaska and the Bering Sea. The Special Operations Forces Cold Weather Maritime Training Facility, Naval Special Warfare Cold Weather Detachment Kodiak trains United States Navy Seals The military contributes about 1,200 people to the local population. • The biggest bears in the world! The Kodiak bears are a unique subspecies of the brown or grizzly bear. They live exclusively on the islands in the Kodiak Archipelago and have been isolated from other bears for 12,000 years. There are about 3,500 Kodiak bears; a density of approximately 0.7 bears per square mile. In addition to the bears, Kodiak is home to an abundance of wildlife, avian and marine life. Living in Kodiak... Kodiak Island is incredibly beautiful and offers many amazing sights. It is com- mon to see Sitka blacktail deer along the roadside year round, trees full of bald eagles and a variety of whales near shore in the spring, brown bears fishing in the rivers in the fall, and the Northern Lights on clear winter nights. Kodiak is a relatively small community, but it has many amenities and is a great place to live. There is a major grocery store (Safeway), a Walmart store, two hardware stores, many small boutique businesses, restaurants and food trucks, coffee shops, two local breweries, a critical access hospital, healthcare practices, banks, hotels, churches, public schools, private schools, a community college, museums, a movie theater and occasionally live performances. There are numer- ous recreational activities that include hiking, hunting, fishing, boating, athletics, dance, theater, music, motor sports, photography and much more. There is something for everyone, unless you are an avid metropolitan city dweller. The people who live here are friendly and helpful, resilient and adaptable; many who live and visit here feel a true sense of community. Working for the Kodiak Island Borough... The Kodiak Island Borough is a second-class borough (similar to a county in other states) with a manager form of government. The Borough has seven depart- ments, with 40 full-time employees who have an average length of employment of nearly 10 years. Under the direction and leadership of the Borough Manager, the staff of the Kodiak Island Borough administer quality, cost-effective services to the citizens of Kodiak. Municipal powers include Area -wide: education, taxa- tion, planning, health; Non -Area -wide: parks & recreation, solid waste manage- ment, Economic Development, building inspections, animal control; Service Are- as: Roads, Fire & Emergency Services, Street Lighting, Water & Sewer. The Kodiak Island Borough offers a comprehensive benefit package including par- ticipation in the Public Employees' Retirement System (PERS); health insurance including medical, dental, and vision coverage; and life insurance. The Borough also offers paid vacation, holidays, and sick leave. The Kodiak Island Borough is an Equal Opportunity Employer. AGENDA ITEM #13.D.2. Report / Discussion Of Manager Recruitment Transition Plan. Page 102 of 141 AGENDA ITEM #13.D.2. 11 KODIAK ISLAND BOROUGH 11 JOB DESCRIPTION Job Title: Borough Manager Department: Manager's Office Supervisor: Borough Assembly Job Status: Exempt Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department directors and Manager's Office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: Acts as chief administrative officer for the borough, administers all borough affairs as mandated by law and ordinance, and represents borough as appropriate. Supervises the enforcement of borough ordinances. Oversees all functions of borough operations, except Borough Clerk and Borough Attorney, and establishes administrative policies for borough staff and operations. Coordinates government partnerships with City, federal, state, and other outside agencies. Carries out directives of the borough assembly. 2. Provides overall leadership to borough staff and promotes a strong service-oriented, customer relations approach by all borough employees in dealing with citizens and the business community. Ensures appropriate staffing levels to efficiently carry out borough operations, and holds staff accountable for the achieving goals and objectives. Coordinates programs and planning with department directors and makes any necessary recommendations to the assembly for changes in policy. Develops and implements staff training plans, conducts regular performance reviews to track progress and directs changes as needed. Appoints, suspends or removes borough employees and department directors, except as otherwise provided by statute and borough code. Administers any collective bargaining agreements and directly supervises manager's office staff and department directors. Responsible for all personnel actions concerning borough employees. Provides oversight of borough finances and adherence to the budget. Prepares the annual budget and capital improvement program for assembly action based on the assembly's goals and objectives, and executes the budget and capital improvement program as adopted. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Reports to the assembly at the end of the fiscal year on the finances of the borough and administrative activities of the borough. Assures that assigned areas of responsibility are performing within budget through —effective and efficient use of budgeted funds, personnel, materials, facilities and time. Monitors revenues and expenditures in assigned area to assure sound fiscal controls and performs cost control activities, and examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any needed Borough Manager Page 1 of 3 8/2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 103 of 141 AGENDA ITEM #13.D.2. improvements. Reports to the assembly at the end of the fiscal year on the finances and administrative activities of the borough. 4. Reports to the assembly at its regular meetings regarding issues raised in conducting of borough business and anticipated future issues. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Keeps the assembly and public fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Maintains dialogue with citizens, employees, elected officials and representatives from other public agencies to determine problems and provide information. 5. Provides leadership and direction to develop short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Directs and supervises the administration, care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks external funding, including state, federal and private grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: Performs other job related duties as assigned. Supervisory Orzanization: Borough Assembly Manager Department Directors Department Employees Borough Manager Page 2 of 3 812021 Report / Discussion Of Manager Recruitment Transition Plan. Page 104 of 141 AGENDA ITEM #13.D.2. MINIMUM REQUIREMENTS: Borough Manager Education and Experience: (1) A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university; (2) proven and demonstrated executive -level management experience with a minimum of five (5) years of experience; (3) experience in and knowledge of labor relations and collective bargaining/contract negotiations. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. Should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. Applicant must possess strong organizational and planning skills. Experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance and accounting practices; computer information systems; human resources; public works; community development; Alaska Statutes; and municipal law. Experience in preparing and administering budgets and ability to prepare and analyze comprehensive financial reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgment in carrying out special and general assignments, with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to convey ideas concisely and effectively in writing and in public speaking. Ability to inspeet ber-ough f4eilities, properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. Borough Manager Page 3 of 3 8/2021 Report / Discussion Of Manager Recruitment Transition Plan. Page 105 of 141 AGENDA ITEM #13.D.2. 11 KODIAK ISLAND BOROUGH 11 JOB DESCRIPTION Job Title: Borough Manager Department: Manager's Office Supervisor: Borough Assembly Job Status: Exempt Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department directors and Manager's Office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: Acts as chief administrative officer for the borough, administers all borough affairs as mandated by law and ordinance, and represents borough as appropriate. Supervises the enforcement of borough ordinances. Oversees all functions of borough operations, except Borough Clerk and Borough Attorney, and establishes administrative policies for borough staff and operations. Coordinates government partnerships with City, federal, state, and other outside agencies. Carries out directives of the borough assembly. 2. Provides overall leadership to borough staff and promotes a strong service-oriented, customer relations approach by all borough employees in dealing with citizens and the business community. Ensures appropriate staffing levels to efficiently carry out borough operations, and holds staff accountable for the achieving goals and objectives. Coordinates programs and planning with department directors and makes any necessary recommendations to the assembly for changes in policy. Develops and implements staff training plans, conducts regular performance reviews to track progress and directs changes as needed. Appoints, suspends or removes borough employees and department directors, except as otherwise provided by statute and borough code. Administers any collective bargaining agreements and directly supervises manager's office staff and department directors. Provides oversight of borough finances and adherence to the budget. Prepares the annual budget and capital improvement program for assembly action based on the assembly's goals and objectives, and executes the budget and capital improvement program as adopted. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Reports to the assembly at the end of the fiscal year on the finances of the borough and administrative activities of the borough. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Monitors revenues and expenditures in assigned area to assure sound fiscal controls and performs cost control activities, and examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any Borough Manager Page 1 of 3 11/2015 Report / Discussion Of Manager Recruitment Transition Plan. Page 106 of 141 AGENDA ITEM #13.D.2. needed improvements. Reports to the assembly at the end of the fiscal year on the finances and administrative activities of the borough. 4. Reports to the assembly at its regular meetings regarding issues raised in conducting of borough business and anticipated future issues. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Keeps the assembly and public fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Maintains dialogue with citizens, employees, elected officials and representatives from other public agencies to determine problems and provide information. 5. Provides leadership and direction to develop short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Directs and supervises the administration, care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks external funding, including state, federal and private grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: Performs other job related duties as assigned. Supervisory Organization: Borough Assembly Mal ager Department Directors Department Employees Borough Manager Page 2 of 3 11/2015 Report / Discussion Of Manager Recruitment Transition Plan. Page 107 of 141 AGENDA ITEM #13.D.2. MINIMUM REQUIREMENTS: Borough Manager Education and Experience: (1) A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university; (2) proven and demonstrated executive -level management experience with a minimum of five (5) years of experience; (3) experience in and knowledge of labor relations and collective bargaining/contract negotiations. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. Should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. Applicant must possess strong organizational and planning skills. Experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance and accounting practices; computer information systems; human resources; public works; community development; Alaska Statutes; and municipal law. Experience in preparing and administering budgets and ability to prepare and analyze comprehensive financial reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgment in carrying out special and general assignments, with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to convey ideas concisely and effectively in writing and in public speaking. Ability to inspect borough facilities, properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. Borough Manager Page 3 of 3 11/2015 Report / Discussion Of Manager Recruitment Transition Plan. Page 108 of 141 AGENDA ITEM #13.D.2. P.O. Box 189 \\ITELEPHONE NAkNEK• AU,sKA 99833 1 _ (907) 245-4224 FAX www.bristolbrayboroughak.us oo (907) 246-8833 Department: Immediate Supervisor: Positions Supervised: Sa� lar•v: Terms: Qualifications: JOB DESCRIPTION BOROUGH MANAGER Management keen i ne- I I�� l g F—e eowr V Borough Assembly Borough Clerk, Finance Officer, Community Development Coordinator, Fire Chief, Police Chief, Public Works Director, Library Director, Parks and Recreation Supervisor, Port Foreman, and Elders Bus Driver Negotiated with Borough Assembly Permanent Full Time Position Bachelor's Degree in public administration, business administration, or related field. Graduate in public administration or related Feld preferred. Ten years progressively responsible experience in council/manager municipal government. Five years at a management level. Experience as a Borough Manager, Assistant Borough Manager or other executive level position is highly desirable_ Rural community and Alaska experience a plus. Strong experience in budgeting; and financial planning, utilities management, public works administration, project management, community development and economic development highly desirable. Strong leadership, interpersonal, communication and team -building skills are essential. Report / Discussion Of Manager Recruitment Transition Plan. Page 109 of 141 AGENDA ITEM #13.D.2. Knowledge/experience in human resources, employee relations, environmental protection, emergency planning and operations, maritime law and marine operations are desirable. Must pass a pre-employment drug test. Definition: Under direction of the Borough Assembly, serves as Chief Administrative Officer of the Borough and the head of the Human Resources Department. Responsible for all personnel actions concerning Borough Employees. Lanmuage_ Skills: Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Reasoning Ability: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. Responsibilities: • Appoints, evaluates and removes the heads of each department. • Ensures the care and custody of all Municipal property. • Provides direction for the construction, maintenance and operation of Borough Public Works. • Prepares and submits the annual budget and capital improvernent program to the Assembly. • Implements policias of the Assembly. • Advises the Assembly on the financial condition and needs of the Borough. • Serves as Director of Emergency Management. • Designates Enforcement Agents • Prepares annual financial and administrative reports. ■ Attends and participates in Assembly meetings. Keeps Assembly informed on matters that may impact future policy decisions. Follows up on Assembly direction. • Prepares and maintains a Personnel Policy. • Supervises Municipal Clerk functions, including: elections, the making and safeguarding of records and publication of notices. • Acquires, manages and disposes of real property. • Directs the operations of acquiring, maintaining and disposing of personal property and services. Report / Discussion Of Manager Recruitment Transition Plan. Page 110 of 141 AGENDA ITEM #13.D.2. n.....:,r..,. r.,�n:..i. n.r�..,......_,.,..� r7�.:1.7;.-.._ RA.....�.._-...._..,. n..�.., n....w�......... Telecommunications, Printing, Public Information, Community Development, Libraries, Alcoholism and Drug Abuse Rehabilitation, Counseling, Health and all other programs, functions or services not specifically assigned to another department. • Provides information and assistance to individuals and firms which would contribute to the economic diversification of the Borough. • Responds to correspondence regarding Borough issues. • Prepares Ordinances and Resolutions for the Assembly. • Meets with the public, businesses, Federal and/or State officials and servicc/social organizations in order to answer questions, advise community members of Municipal plans/actions and to listen to citizens' concerns. • Represents the Borough at business and ceremonial functions locally and at other locations. • Performs review of all current job descriptions and classifications. • Responsible for hiring all Borough Employees. • Responsible for dismissal of employees through the Assembly. ACKNOWLEDGMENT I understand the duties of my position as contained in this job description. Employee signature Date The job description is accurate and has been reviewed with the employee. Supervisor signature Date BRISTOL BAY BOROUGH IS AN EQUAL OPPORTUNITY EMPLOYER Approved by Borough Assembly: January 17, 2018. Effective Same Date. Report / Discussion Of Manager Recruitment Transition Plan. Page 111 of 141 AGENDA ITEM #13.D.2. KETCHIKAN GATEWAY BOROUGH JOB DESCRIPTION Position: Borough Manager Reports to: Borough Assembly " Department: Manager's Office Status: Exempt, Non -Represented, At -Will Approved by: Effective Date: Ketchikan Gateway Borough job descriptions are a management tool to help organize duties and provide employees with the employer's expectations with regard to a specific job classification. The duties listed are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is a reasonable assignment for the position. Summary: The Borough Manager directs and manages the operations of the Borough under general direction from the Borough Mayor and Assembly. This includes management and oversight of all Borough departments and functions (with the exception of the Law Department, Clerk's Office, and School Dist(ict); direct supervision of the Manager's Office; and coordination of special projects. The Borough Manager is responsible for the implementation of all policy set by the Assembly. Work may either be performed by the incumbent or delegated to subordinate staff, Essential Job Functions: • Directs and manages the operations of the Borough: provides direction for all Borough functions under the authority of the Borough Assembly with the exception of the Clerk's Office, Law Department, and School District; supervises all subordinate department heads and administrative staff; hires, trains, evaluates performance, and disciplines senior management personnel and oversees this process for all Borough employees through subordinate managers; establishes policies and procedures for the overall Borough functions; oversees and participates in the resolution of inquiries and complaints from the public and other organizations; and establishes, monitors and evaluates progress towards goals and objectives of the government. • Serves as a liaison between Borough staff, the Mayor, and the Borough Assembly: attends all meetings of the Borough Assembly; briefs Assembly Members on pending agenda items and other Borough issues; responds to inquiries and provides Assembly Members with information on the status of Borough operations and projects; provides Report / Discussion Of Manager Recruitment Transition Plan. Page 112 of 141 AGENDA ITEM #13.D.2. Borough Manager Job Description Page 2 analysis to assist the Assembly in making informed policy decisions; prepares meeting agendas; and provides support to the Mayor and Assembly Members as needed. ♦ Performs financial and managerial analyses for the Mayor and Borough Assembly pertaining to Borough operations and programs; gathers information relevant to topic; evaluates data and makes recommendations based on findings; prepares reports; and makes presentations to the Borough Assembly and other interested parties. ♦ Facilitates external communication; works closely with the Borough lobbyist and State and Federal officials regarding policy matters of priority of the Borough Mayor and Assembly; maintains open communications with other municipal government officials and State and Federal dignitaries. ♦ Oversees operations of all Borough departments and functions, except the Law Department, Clerk's Office, and School District; serves as a liaison between the Mayor and Assembly and department heads, keeping the Mayor and Assembly apprised on departmental activities; assists departments with resolution of problems requiring the attention of Borough management; monitors and evaluates progress of departments towards goals and objectives. ♦ Facilitates problem -solving at all levels: works with department heads and senior management to ensure effective collaboration and cooperation among departments; coordinates the continuous review of interdepartmental processes for quality control and improvement; responds to inquiries from the public regarding issues unresolved at the departmental level. ♦ Facilitates internal and external communication; conducts meetings with department heads and key management staff; focuses individual departmental efforts on the overall goals and objectives of the Borough. ♦ Responsible for the preparation of the annual budget; prepares departmental budget for the Manager's Office; reviews departmental budget requests from all Borough functions for inclusion in the recommendation to the Borough Assembly; coordinates the scheduling of budget meetings; and ensures compliance with all legal and procedural requirements. ♦ Coordinates special projects for the Borough, including the planning, design, implementation, and evaluation of construction/renovation projects, management studies, introduction of new programs, and various professional services; defines the scope of the project; identifies and ensures proper allocation of financial, material, and human resources committed to the project; formulates solutions and resolves problems,- facilitates roblems;facilitates implementation of the project; and provides managerial support to the project as needed. ♦ Oversees professional contractors and/or consultants providing services for Borough projects; participates in the evaluation and selection of contractors/consultants; interfaces with and monitors the contractors/consultants to ensure timely and quality Report / Discussion Of Manager Recruitment Transition Plan. Page 113 of 141 AGENDA ITEM #13.D.2. Borough Manager Job Description Page 3 completion of project; facilitates cooperation with the project; and provides information and support as needed. ♦ Assists the Borough Mayor and Assembly with strategic and long-range planning for the Borough; participates in planning efforts at the local and regional level; keeps the Borough Assembly apprised of developments at the State and Federal level that impact the Borough; monitors pending legislation for impact on the Borough; oversees compliance with new legislation. • Represents the Borough Mayor, Assembly, and the Borough at various meetings, functions, and events; serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the municipalities, the School Board, civic organizations, authorities, and commissions; provides information about Borough operations, participates in discussions and decisions; and keeps the Borough Assembly apprised of activities. Qualifications: Is self -motivated with strong organizational and planning skills, has effective and proven management skills, including ability to communicate and work effectively with all levels of staff. Ability to perceive and analyze problems, develops alternatives, and make or recommend sound decisions. Effective oral and written communication skills are essential. Requires extensive knowledge of laws related to local government and personnel. Has knowledge of modern budgetary principles and practices. Expertise in financial management aspects of local government, including capital improvement program planning, taxation, philosophy, bonding alternatives and limits, traditional and innovative revenue sources, and experience in providing traditional municipal services within a framework of conservative fiscal values. Knowledge of labor law, including demonstrated experience in personnel administration and a reputation for dealing fairly and effectively with union and non-union employees. Knowledge of airport operations and administration and land use and management issues is desirable. Familiarity with contract administration and government purchasing. Report / Discussion Of Manager Recruitment Transition Plan. Page 114 of 141 AGENDA ITEM #13.D.2. Borough Manager Job Description Page 4 Ability to use personal computer, computer programs, and other electronic and digital devices. Special Qualifications and Management Style: ♦ Exercises an eclectic management style drawing from all doctrines and schools of management technique to produce the most desirable results. ♦ Ethical and promotes transparent and open government. Sets a good example through conduct and work habits. Motivates and develops staff. ♦ Encourages and promotes positive customer (citizen) service and appropriate response. ♦ Adaptable personality with skills to work openly and effectively with all persons, including those who possess diverse opinions and perspectives on the role of local government. + Supports the concept that all citizens and elected officials should have access to information. ♦ Responsive to concerns and inquiries of citizens and elected officials. Follow-through is essential. ♦ Delegates while accepting ultimate responsibility. ♦ Balances pro -development philosophy with care and sensitivity toward conservation issues. ♦ Makes timely decisions, and when necessary, defends or explains the reasons for decisions. ♦ Works cooperatively with and responds to appointed and elected officials, staff and the community. ♦ Committed to a team approach in working with staff by communicating, sharing information readily, and participating in problem solving. ♦ Able to maintain an open and honest relationship with the elected body. Is forthright in words and actions but not adversarial. Accepts the decisions of the majority and carries them forward assertively. Personal Characteristics: Report / Discussion Of Manager Recruitment Transition Plan. Page 115 of 141 AGENDA ITEM #13.D.2. Borough Manager Job Description Page 5 Alaska experience and knowledge is preferred. The Manager must be an assertive, intelligent, high-energy person who is a good listener. The Manager must be able to express ideas and relate information clearly and effectively and provide objective advice about controversial matters. The Manager must practice public openness and process and be of unquestioned personal and professional integrity. The Manager must project a professional presence in manner, appearance, and behavior and be willing to devote substantial amounts of time to meetings and activities occurring beyond normal business hours. The public exposure of this position, the nature of the community and the scope of issues require an individual who is comfortable in the public forum and who is able to communicate on an open, honest basis with all groups. The Borough Manager must be politically astute and non-partisan. Physical Activities include: Must be able to hear. Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Ability to use hands to finger, handle, or operate objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, crouch; and taste or smell. Each of the listed activities also requires standing, sitting, walking, bending, and stooping. Writing by hand and using a personal computer and other electronic devices. Long hours in front of a computer screen_ Attend breakfast, lunch, and evening meetings throughout the year. Travel using air and/or water transportation to out-of-town meetings and functions. Education and Experience: Graduate of an accredited four-year college or university with a major in public or business administration. A MPA or MBA is desired. Minimum of five years' experience in a supervisory, managerial, director, or lead capacity in municipal or general government is desired. Any combination of related education and/or related experience will be considered if the candidate possesses the demonstrated ability. Report / Discussion Of Manager Recruitment Transition Plan. Page 116 of 141 AGENDA ITEM #13.D.2. rill 40ROUC,K� Borough Manager 0322 Administration JOB SUMMARY This position is responsible for responsible for the proper administration of all borough affairs placed in the manager's charge by law and ordinance and shall implement the policy of the Borough as established by the assembly. Work is performed and duties are carried out in accordance with established policies, procedures, and Borough core values: Accountability, Customer Focus, Dedication, Integrity, Responsiveness and Teamwork. This is a non -bargaining unit management position. MAJOR DUTIES • Plans, directs, coordinates, and administers the activities of all administrative departments in carrying out the requirements of Borough ordinances, rules, regulations, and the policies of the Borough Assembly. • Establishes operating procedures and performance standards for departments; directs organization staffing and supervision of operations as delegated to subordinate managers on a daily basis; establishes long and short range goals and objectives for the Borough based on policy established by the Borough Assembly. • Reports regularly to the Assembly concerning the status of all assignments, projects, and functions of the Borough; establishes departmental objectives and deadlines for meeting these objectives; administers a variety of special programs and operations. • Analyzes a variety of issues, state and federal legislation, and prepares recommendations on items requiring Assembly action. • Studies and resolves a variety of difficult and complex administrative or management problems as directed by the Borough Assembly; interprets regulations and recommends policy changes. • Represents the Borough Assembly in negotiations and related administrative and operational matters with governmental, non-governmental organizations, and the public; communicates the mission and activities of the Borough. • Assists the Borough Assembly with policy planning by gathering data and presenting alternative plans; recommends feasible alternatives based on effective management Report / Discussion Of Manager Recruitment Transition Plan. Page 117 of 141 AGENDA ITEM #13.D.2. Borough Manager, Administration Page 2 practices; discusses implications of alternatives. • Manages and administers the financial affairs of the Borough; coordinates the preparation of the Borough budget including capital improvements program, in liaison with the Assembly and Departments; administers the approved operating budget by monitoring expenditures and recommending justifiable changes to the Assembly; oversees the investment of Borough funds to ensure the best possible interest; presents reports to the Assembly on the Borough's financial status. • Directs emergency preparedness and recovery efforts for civil emergencies within the Borough. • Executes other powers or duties specified by statute or by Assembly action. • Appoints, disciplines, and terminates Borough administrative officials and employees, as provided by statute; evaluates the performance of administrative support staff and depart- ment directors. • Performs related duties. KNOWLEDGE REQUIRED AT A LEVEL APPROPRIATE FOR THIS POSITION • Considerable knowledge of management principles and practices including the management of human and financial resources. • Considerable knowledge of the modern principles, practices, and theory of public ad- ministration. • Considerable knowledge of the current literature, trends, and developments in the fields of management and finance. • Knowledge of the laws and regulations effecting local government. • Ability to learn the inner workings of Borough government operations, organization, and functions, as well as the relationships with other levels and forms of governments. • Ability to effectively plan, direct, coordinate, and review the work of subordinate managers. • Ability to analyze management and organizational problems and to develop and implement solutions. • Abilityto organize facts and present recommendations in a clear, concise, and logical manner, both orally and in writing. • Ability to establish and maintain effective working relationships with private and public officials, Borough Assembly members, employees, and the general public. • Ability to exercise resourcefulness and appropriate compromise in solving problems in accordance with established ordinances, regulations, and policies. • Skill in strategic planning. • Skill in establishing priorities and organizing work. • Skill in employee management and supervision. • Skill in negotiation and problem solving. • Skill in interpersonal relations. • Skill in dealing with the public. • Skill in oral and written communication. Report / Discussion Of Manager Recruitment Transition Plan. Page 118 of 141 AGENDA ITEM #13.D.2. Borough Manager, Administration Page 3 SUPERVISORY CONTROLS The Assembly assigns work in terms of Borough goals and objectives. Work is reviewed through conferences, reports, and observation of Borough activities. GUIDELINES Guidelines include federal laws, state statutes, Borough codes, union contracts, and Borough policies and procedures. These guidelines require judgment, selection, and interpretation in application. This position assists in the development of Borough guidelines, policies and strategic plans. COMPLEXITY/SCOPE OF WORK The work consists of varied management and leadership duties. The variety of Borough operations contributes to the complexity of the work. The purpose of this position is to administer all Borough affairs placed in the Manager's charge by law and ordinance, and to implement the policy of the Borough as established by the assembly. Successful performance ensures the effective and efficient operation of the Borough government and affects the quality of life for residents and visitors. CONTACTS Contacts are typically with Assembly Members, Borough Directors and employees, vendors, developers, attorneys, elected and appointed officials, representatives of other government agencies, business leaders, consultants, and members of the general public. Contacts are typically to exchange information, motivate persons, negotiate matters, resolve problems, and provide services. PHYSICAL DEMANDS/ WORK ENVIRONMENT The work is typically performed while sitting at a desk or table or while intermittently sitting, standing, walking, or stooping. The employee occasionally lifts light objects. The work is typically performed in an office and outdoors, occasionally in cold or inclement weather. May operate a motor vehicle. SUPERVISORY AND MANAGEMENT RESPONSIBILITY This position executes powers and/or duties specified by statute or by Assembly action; appoints, disciplines, and terminates Borough administrative officials and employees, as provided by statute; evaluates the performance of administrative support staff and department directors. MINIMUM QUALIFICATIONS Master's degree in business or public administration, or a course of study related to the occupational field. Post -secondary education or experience which provides the expertise required to perform effectively the functions of the position may substitute for the degree on a year -for -year basis. Report / Discussion Of Manager Recruitment Transition Plan. Page 119 of 141 AGENDA ITEM #13.D.2. Borough Manager, Administration Page 4 Fifteen years of progressively responsible experience in the development, operation or management of municipal programs within the occupational field, sufficient to thoroughly understand the diverse objectives and functions of the subunits in the division/department in order to direct and coordinate work within the division/department, including ten years of supervisory/leadership experience and five years of executive level management experience. Possession of or ability to readily obtain a valid driver's license issued by the State of Alaska for the type of vehicle or equipment operated. The Borough Manager will be required to live within the Borough boundaries, within three (3) months from date of hire. Must successfully pass a pre-employment drug screen. Report / Discussion Of Manager Recruitment Transition Plan. Page 120 of 141 AGENDA ITEM #13.D.2. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: July 7, 2021 MEMO TO: All Regular Borough Employees FROM: Michael Powers, Manager RE: Position Vacancy/In-House Advertisement The Borough Manager's Office is accepting applications for the position of Borough Manager. This is a regular, full-time, exempt position. Salary is negotiable, depending on qualifications (DOQ). Any regular Borough employee interested in this position must submit a letter of interest and resume to the Borough Manager's Office. This position is open until filled with first application review date of August 21, 2021. Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department heads and manager's office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: Acts as chief administrative officer for the borough. Administers all borough affairs as mandated by law and ordinance. Supervises the enforcement of borough ordinances. Plans, organizes, directs and coordinates the total function of borough operations. Establishes administrative policies for borough staff and operations. Participates in coordinated activities with federal, state, borough and other outside agencies. Represents the borough and other local government issues with other levels of government. Travels to carry out borough business and attend necessary meetings. Carries out directives of the borough assembly and the borough code of ordinances. 2. Appoints, suspends or removes borough employees, except as otherwise provided by statute and borough code. Directs and supervises the administration of the functions of all borough officers and employees except as otherwise provided by statute. Directly supervises the manager's office staff and department heads. Responsible to ensure staff is trained, motivated and evaluated; reviews progress and directs changes as needed. Administers any collective bargaining agreements. Prepares the annual budget and capital improvement program for assembly action based on the assembly's goals and objectives. Executes the budget and capital improvement program as adopted. Makes monthly reports to the assembly on borough finances and operations at the regular assembly meetings. Reports to the assembly at the end of the Report / Discussion Of Manager Recruitment Transition Plan. Page 121 of 141 AGENDA ITEM #13.D.2. fiscal year on the finances of the borough and administrative activities of the borough. Ensures that assigned areas of responsibility are performed within budget. Performs cost control activities. Monitors revenues and expenditures in assigned area to assure sound fiscal control. Prepares annual budget requests. Ensures effective and efficient use of budgeted funds, personnel, materials, facilities and time. Examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any needed improvements. Coordinates programs and planning with the department heads to make any necessary recommendations to the assembly for changes in policy. 4. Provides professional advice to the assembly and department heads. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Reports to the assembly at its regular meetings regarding issues raised in conduct of the borough's business and anticipated future issues. Keeps the assembly fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Communicates with a variety of diverse groups, including citizens, employees, elected officials and representatives from other public agencies. Maintains contact with the citizens of Kodiak to determine problems and provide information. 5. Provides leadership and direction in the development of short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Responsible for directing and administering the following: the care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks state and federal grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: Performs other job-related duties as assigned. Supervisory Organization: Borough Assembly Manager Department Heads Department Employees Report / Discussion Of Manager Recruitment Transition Plan. Page 122 of 141 AGENDA ITEM #13.D.2. MINIMUM REQUIREMENTS: Borough Manager Education and Experience: A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance, accounting practices, computer information systems, human resources, public works, and community development. Knowledge of Alaska Statutes and Alaska municipal law. Ability and skill in preparing and administering municipal budgets. Ability to prepare and analyze comprehensive reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgement in carrying out special and general assignments, with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to express ideas concisely and effectively, both orally and in writing. Ability to speak effectively in public settings. Ability to inspect borough facilities, properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. Report / Discussion Of Manager Recruitment Transition Plan. Page 123 of 141 AGENDA ITEM #13.D.2. ALASKA MUNICIPAL LEAGUE AD Kodiak Island Borough Borough Manager Posting Date: Friday, July 7, 2021 SALARY Negotiable, depending on qualifications (DOQ), plus excellent benefits. BOROUGH MANAGER The Kodiak Island Borough is accepting applications for Manager of the Kodiak Island Borough. The Manager is appointed by and reports to the elected seven -member Assembly and is responsible to the Assembly for the administration of daily Borough operations and Borough staff. KODIAK Kodiak is the second largest island in the United States. Situated in the northern Gulf of Alaska, just east of the Alaska Peninsula, the Kodiak Island Archipelago is home to about 13,000 people, less than 100 miles of mostly unpaved roads, and 3,000 of the world's largest brown bears. Despite the island's isolation, residents enjoy a cosmopolitan lifestyle, along with access to uncrowded beaches, extensive wilderness trails, and easy mountain hikes. Downtown boasts shops, galleries, restaurants, coffee shops, and museums. Commercial fishing, seafood processing, recreational hunting, fishing, tourism, and government make up the economy of Kodiak. The Kodiak Island Borough was incorporated on September 24, 1963. It is a second- class borough with a manager form of government. JOB SUMMARY The Manager serves as the chief administrative officer of the Borough and reports to the Assembly. The Manager upholds and enforces Borough laws and ordinances, administers the policies of the Assembly and Borough, manages the Borough budget and capital improvement program, and supervises department heads and manager's office staff. QUALIFICATIONS A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. TO APPLY For a complete job description, visit the Human Resources page on the Kodiak Island Borough website www.kodiakak.us or contact Lisa Zeimer at (907) 486-9301. To apply, please submit a letter of interest and resume via email to Izeimer(a)kodiakak.us. This position is open until filled with first application review date of August 21, 2021. EOE. Report / Discussion Of Manager Recruitment Transition Plan. Page 124 of 141 AGENDA ITEM #13.D.2. ICMA AD - For Dublication in ICMA Jobs and website Kodiak Island, Alaska (13,000 pop) Borough Manager. Salary (DOQ) plus generous benefits package. Incorporated in 1963, Kodiak is the second largest island in the United States and is home to the nation's largest Coast Guard Base. Situated in the northern Gulf of Alaska, the picturesque island enjoys a maritime weather influence. Commercial fishing, seafood processing, recreational hunting, fishing, tourism, and government largely make up the economy of Kodiak. --$43M budget; 40 FT employees. The Manager serves as the CAO and reports to the seven -member Assembly. The Manager enforces Borough laws and ordinances, administers policies of the Assembly, manages budget and capital improvements program. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. For a complete job description, visit the Human Resources page on the Kodiak Island Borough website www.kodiakak.us or contact Lisa Zeimer at (907) 486-9301. To apply, please submit a letter of interest and resume via email to Izeimer(@kodiakak.us or via postal mail to: Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak AK 99615 This position is open until filled with first application review date of August 21, 2021. EOE ICMA WEBSITE Job Description Kodiak Island Borough, Manager Position. Seven member assembly. $32M budget; 46 FT employees. Incorporated in 1963, second largest island in US, and home to nation's largest Coast Guard base. Situated in northern Gulf of Alaska, picturesque island enjoys maritime weather influence. Commercial fishing, seafood processing, recreational hunting, fishing, tourism, and government largely make up economy. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. To apply, submit a letter of interest and resume to Izeimer(cb_kodiakak.us or via postal mail to Kodiak Island Borough Manager's Office, 710 Mill Bay Road, Kodiak, AK 99615. For a complete job description, visit the Human Resources page on the Kodiak Island Borough website www.kodiakak.us, contact (907) 486-9301, or email Izeimer@kodiakak.us. This position is open until filled with first application review date of August 21, 2015. EOE. Report / Discussion Of Manager Recruitment Transition Plan. Page 125 of 141 AGENDA ITEM #13.D.2. NACO AD — WEBSITE AND COUNTRY NEWS NACO WEBSITE Kodiak Island, Alaska (13,000 pop.) Borough Manager. Salary (DOQ) plus generous benefits package. Incorporated in 1963, Kodiak is the second largest island in the United States and is home to the nation's largest Coast Guard Base. Situated in the northern Gulf of Alaska, the picturesque island enjoys a maritime weather influence. Commercial fishing, seafood processing, recreational hunting, fishing, tourism, and government largely make up the economy of Kodiak. $43M budget; 40 FT employees. The Manager serves as the CAO and reports to the seven -member Assembly. The Manager enforces Borough laws and ordinances, administers policies of the Assembly, manages budget and capital improvements program. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. For a complete job description, visit the Human Resources page on the Kodiak Island Borough website www.kodiakak.us or contact Lisa Zeimer at (907) 486-9301. To apply, please submit a letter of interest and resume via email to Izeimer(a)kodiakak.us or via postal mail to: Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak AK 99615 This position is open until filled with first application review date of August 21, 2021. EOE NACO NEWSPAPER Job Description Kodiak Island Borough Manager. 7 -member assembly. $43M budget; 40 FT employees. Incorporated in 1963, second largest island in US, and home to nation's largest Coast Guard base. Situated in northern Gulf of Alaska, picturesque island enjoys maritime weather influence. Commercial fishing, seafood processing, recreational hunting, fishing, tourism, and government largely make up economy. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. For complete job description, visit the Human Resources page on the Kodiak Island Borough website www.kodiakak.us or contact Lisa Zeimer at (907) 486-9301, email Izeimer(o)kodiakak.us. This position is open until filled with first application review date of August 21, 2021. Submit letter of interest and resume to Kodiak Report / Discussion Of Manager Recruitment Transition Plan. Page 126 of 141 AGENDA ITEM #13.D.2. Island Borough, Manager's Office, 710 Mill Bay Rd., Kodiak, AK 99615, email: Izeimer kodiakak.us. EOE. Report / Discussion Of Manager Recruitment Transition Plan. Page 127 of 141 AGENDA ITEM #13.D.2. Job Announcement (For publication in KDM) KODIAK ISLAND BOROUGH MANAGER Manager serves as CAO of Borough. Salary DOQ plus benefits. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. For complete job description, visit the Human Resources page at www.kodiakak.us, contact (907) 486-9301 or email Izeimer@kodiakak.us. To apply, submit a letter of interest and resume to Izeimer(cD-kodiakak.us or Kodiak Island Borough Manager's Office, 710 Mill Bay Rd, Kodiak, AK 99615. This position is open until filled with first application review date of August 21, 2021. EOE. Report / Discussion Of Manager Recruitment Transition Plan. Page 128 of 141 AGENDA ITEM #13.D.2. Job Announcement (For publication in ADN) KODIAK ISLAND BOROUGH MANAGER Manager serves as CAO of Borough. Salary DOQ plus benefits. A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five (5) years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. For complete job description, visit the Human Resources page at www.kodiakak.us, contact (907) 486-9301 or email Izeimer@kodiakak.us. To apply, submit a letter of interest and resume to Izeimer(cD-kodiakak.us or Kodiak Island Borough Manager's Office, 710 Mill Bay Rd, Kodiak, AK 99615. This position is open until filled with first application review date of August 21, 2021. EOE. Report / Discussion Of Manager Recruitment Transition Plan. Page 129 of 141 AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jardine. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to accept with regret, the resignation of Mr. Jason Jardine effective July 19, 2021 for a term to expire December 2021, and direct the Borough Clerk to advertise the vacancy per Borough code. Staff Report - Borough Clerk, Alise Rice IC IIW.F IEmR. DISCUSSION: The Clerk's Office received notice of Mr. Jardine's resignation on July 19, 2021. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 1. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. Kodiak Island Borough Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jar... Page 130 of 141 KODIAK ISLAND BOROUGH SOLID WASTE ADVISORY BOARD NAME Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 Teresa Pruitt PO Box 8609 Kodiak, AK 99615 Nathan Svoboda 389 Neva Way Kodiak, AK 99615 Patrick Cummings 418 A Lilly Drive Kodiak, AK 99615 Andie Wall 107 Bartel Ave Unit A Kodiak, AK 99615 Construction Business Representative Douglas Hogen 3099 Spruce Cape Road Kodiak, AK 99615 Retail Business Representative Jason Jardine 3564 Patrick Ct Kodiak, AK 99615 NON-VOTING EX-OFF/C/OS Assembly Representative Aimee Williams 12621 Noch Drive Kodiak, AK 99615 KIB Staff Representative Dave Conrad U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak City of Kodiak Representative Craig Walton 2410 Mill Bay Road Kodiak, AK 99615 KHS Student Council Rep. Bralyn Nixon AGENDA ITEM #13.D.3. TERM HOME PHONE WORK PHONE CELL EMAIL PHONE 2021 (907) 486-3853 (907) 654-3853 76taku77(aDgmail.com 2022 (907) 486-0048 (907) 486-7008 (907) 942-3453 vizhunz(a)gmail.com 2022 (907) 486-1863 (907) 202-1837 nathan.svoboda(a)alaska.gov 2022 (907) 654-4486 patrickc(a)seattleu.edu 2023 (907) 654-1443 and ie.w.wall(dgmail.com 2021 (907)486-4407 (907)539-5407 (907)539-5407 2021 (907)481-1670 (208)569-8858 (907)854-4514 dlhogen gmail.com webasboy(a)gmail.com (808) 397-1059 (808) 397-1059 Aimee.williams aakibassembly.org (907)486-9357 (907)486-8060 (907)486-8066 (907)486-7401 E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad(&kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 his board is governed by Kodiak Island Borough Code 2.145 (907)487-5494 dconrad(@kodiakak.us iennifer.n.nutt(a)uscg.mil cwalton@city.kodiak.ak.us Iglenn01 _kibsd.org Revision Date: 3/30/2021 Revised by: MD Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jar... Page 131 of 141 AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING SUBJECT: Formal Resignation Of Assembly Member Julie Kavanaugh. ORIGINATOR: Borough Clerk, Alise Rice RECOMMENDATION: Move to accept notice of resignation of Assembly Member Julie Kavanaugh. Move to instruct the Clerk to begin the process of filling the vacant seat per KIB code. DISCUSSION: KIBC 2.25.060 Declaring and filling vacancies. 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. ALTERNATIVES: Not accept the resignation. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.25 Borough Assembly, Sections 2.25.060 Declaring and filling vacancies 2.25.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. Fails to qualify or take office within 30 days after election or appointment; 2. Is physically absent from the municipality for 90 consecutive days unless excused by the governing body; 3. Resigns and the resignation is accepted; 4. Is physically or mentally unable to perform the duties of office as determined by a two-thirds vote of the governing body; 5. Is convicted of a felony or of an offense involving a violation of the oath of office; Kodiak Island Borough Formal Resignation Of Assembly Member Julie Kavanaugh. Page 132 of 141 AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING 6. Is convicted of a felony or misdemeanor described in AS 15.56 and two- thirds of the members of the governing body concur in expelling the person elected; 7. Is convicted of a violation of AS 15.13; 8. No longer physically resides in the municipality and the governing body by a two-thirds vote declares the seat vacant; this subsection does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or 9. If a member of the governing body misses three consecutively held regular meetings and is not excused. B. If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31 st, the seat shall be automatically vacated. C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members. 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 Code Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates 7.20.030 Declaration of candidacy. Kodiak Island Borough Formal Resignation Of Assembly Member Julie Kavanaugh. Page 133 of 141 AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 19, 2021 ASSEMBLY REGULAR MEETING 1 7�v A. At least 75 days before each regular election, the clerk shall publish in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the procedure for filing a declaration of candidacy. B. Packets containing declarations of candidacy shall be available from the clerk's office no later than the day the filing period opens. Declarations of candidacy shall be submitted in original form and may be submitted electronically; provided, that the original is received by the clerk before the close of the filing period. D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from August 1st through August 15th, 4:30 p.m. Should August 15th fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their declaration. Kodiak Island Borough Formal Resignation Of Assembly Member Julie Kavanaugh. Page 134 of 141 AGENDA ITEM #13.D.5. Tuesday, August 10, 2021 Mayor Bill Roberts & Members of the Assembly, It is with my sincere regret that I submit my resignation as a Kodiak Island Borough Assembly Member. It has been an honor to serve the community over the last four years. The experience has broadened my understanding and perspective as to how our local government works. I appreciate this body's dedication to Kodiak and its desire to provide good leadership to our residents. Over the past eight months, I have encountered new challenges that require my attention. I believe it has and will continue to affect my performance as an Assembly Member. This makes it necessary to step down and allow for a new Member that can fully commit their time and energy to the job at hand. , 4—z- �:) GZU Julie D Kavanaugh Formal Resignation Of Assembly Member Julie Kavanaugh. Page 135 of 141 TO: Mayor and Assembly AGENDA ITEM #18.B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, Engineering and Facilities Director RE: Monthly Projects Report for Period Ending July 31, 2021 BOROUGH BUILDING BOILER ROOM UPGRADES Project Description: This project is for replacement of the boilers at the Borough Building, including abatement of pipe insulation and gaskets as required. The boilers are over 50 years old and well past their useful life. The project scope includes replacing the generator for the Borough Building as well as replacing the boilers for the adjacent maintenance building. Current Status: In March 2020, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW and RSA Engineers completed 35% design documents and in December 2020, staff provided a presentation to the Assembly on the design and potential construction cost. In February 2021, the Assembly approved a change order for JYW/RSA to complete design and bid documents, and a 95% design submittal was reviewed and approved by the Architectural/Engineering Review on March 15, 2021. The project was put out to bid on April 1, 2021 and bids were due and opened on April 27, 2021. At the meeting on May 6, 2021, the Assembly voted to reject all bids. Staff will now work on rebidding the project in fall 2021 with construction planned for summer 2022. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: In October 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW provided 65% design documents in late September 2020 which were reviewed and approved bythe Architectural/Engineering Review Board on December 7, 2020. An updated cost estimate was completed based on the 65% design, and staff requested JYW provide a proposal to complete design of the project. On April 15, 2021, the Assembly reviewed and approved the cost estimate and design proposal. JYW conducted a site visit in late June 2021 to verify as -built conditions and is now working on 95% design documents that are scheduled to be complete by the end of summer 2021. Change Orders this Period: None. Projects Report —July 2021 Page 1 Page 136 of 141 AGENDA ITEM #18.6.1. LONG TERM CARE CENTER FUEL PIPE REPLACEMENT Project Description: This project is for the replacement of the exterior fuel lines at the Long Term Care Center. One of the fuel lines experienced a leak in 2019 causing fuel to enter the storm drain system. In an effort to avoid future leaks and reconfigure the piping to simplify maintenance, the fuel piping will be replaced. As part of the work a propane tank for the boiler burners will be relocated to meet current codes for separation from the fuel tank. Current Status: The design process to replace the fuel lines began in October 2020. RSA Engineering provided 95% documents that were reviewed and approved by the Architectural/Engineering Review Board in January 2021. Comments from the ARB meeting were incorporated into final bid documents, and the project was issued for bid on March 2, 2021. Bids were due on March 23, 2021, and on April 15, 2021, the Assembly approved a contract with Premier Mechanical LLC. Premier started work in early June 2021, and as of July 31, 2021, had completed relocation of the propane tank/lines, rough in of new fuel lines, and installation of the new fuel fill station. The project is scheduled to be complete by the end of August 2021. Change Orders this Period: ■ Premier Mechanical LLC Contract FY2021-18 Change Order #2 - $ 0.00 The current substantial completion date is July 31, 2021. Due to extended delays in material deliveries the substantial completion date is being modified to August 31, 2021. NORTH STAR ELEMENTARY SIDING REPLACEMENT Project Description: This project is for the replacement of the existing cement board siding at North Star Elementary. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. Phase I for the gym has been completed. Phase II includes replacement of the siding and windows around the rest of the school. Current Status: On September 3, 2020, the Assembly approved a change order for JYW to proceed with design of Phase II. A 65% design submittal was completed in November 2020 and reviewed and approved by the Architectural/Engineering Review Board (ARB) on December 7, 2020. ARB discussion focused on phasing the project to ensure there is sufficient funds to complete window replacement wherever siding is replaced. JYW has made some revisions to the design documents and an updated cost estimate indicates there is sufficient funding to complete siding and window replacement for the whole school. JYW conducted a site visit in late June 2021 to verify as -built conditions and is now working on 95% design documents that are scheduled to be complete by the end of summer 2021. Change Orders this Period: None. PETERSON ELEMENTARY ROOF REPLACEMENT Project Description: This project is for replacement of the roof at Peterson Elementary School. The school has sections of roof that are between 20 and 30 years old, and have reached their expected service life. There have been persistent leak problems for years as the roofing system continues to deteriorate. Current Status: On April 15, 2021, the Assembly approved a change order for Jensen Yorba Wall (JYW) to provide a 35% design and cost estimate for replacing the roof. These preliminary design documents will Projects Report —July 2021 Page 2 Page 137 of 141 AGENDA ITEM #18.6.1. provide a clearer idea of potential replacement cost, as well as getting closer to a "shovel ready' project which increases the chances of securing State or Federal funding to complete construction. JYW conducted a site visit in late June 2021 to verify as -built conditions and is working on completing 35% documents by the end of summer 2021. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. Current Status: The design process for this project started in September 2019 with a geotechnical investigation to determine subsurface soil conditions behind the existing wall. Jensen Yorba Wall (JYW) and PND Engineers (PND) provided 65% and 95% design submittals that were reviewed and approved by the Architectural/Engineering Review Board (ARB). JYW and PND incorporated ARB comments into 100% bid documents, and the project was put out to bid on March 9, 2021. Bids were due and opened on April 6, 2021, and on April 15, 2021, the Assembly approved a contract for Jay Brant General Contractors. Construction began in May 2021 and as of July 31, 2021, a new footing had been excavated and poured for the entire length of the wall, excavation was complete for the valley gutter on top of the new wall, and approximately 300 -feet (40%) of new wall had been poured. Construction is scheduled to be complete by the end of September 2021 but material delays have made it likely that the schedule will be delayed several weeks. Change Orders this Period: None. Completed Wall Sections SALOME CREEK CULVERT REPLACEMENT Placing Concrete Footer Rebar Project Description: The scope of this project is replacement of culverts along the road leading to Salonie Creek Rifle Range in order to aid fish passage. One of the culverts was installed in 2019 by the Kodiak Island Sportsman's Association but needs to be replaced as it currently violates Alaska Department of Fish and Game requirements. There are five other culverts in various states of disrepair that should be replaced as well. Current Status: In March 2020 the Assembly approved a contract with Inter-Fluve, Inc. for design to replace the culverts. Inter-Fluve worked with Willman Land Surveying to survey each culvert location and complete design to replace the culvert currently in violation. Design for the other culverts will be completed in the future. In June 2021 KIB staff received approved permits from the Alaska Department of Projects Report —July 2021 Page 3 Page 138 of 141 AGENDA ITEM #18.6.1. Fish and Game and Department of Natural Resources for replacement of the first culvert. The project was put out for bid on July 15, 2021 and bids are due August 3, 2021. Construction is scheduled to be complete by October 31, 2021. Change Orders this Period: None. Projects Report —July 2021 Page 4 Page 139 of 141 Kodiak Island Borough Project Budget Status - Period Ending July 31, 2021 Budget and Adjustments I Current Budget Status Borough Building Boiler Room Upgrades - 20005 Kodiak Fisheries Research Center Exterior Upgrade - 20004 Original Budget Ord 2020-01C Ord 2020-01H Current Budget Expenses Obligated Remaining Design $ 40,000 $ 40,000 $ 75,000 $ 155,000 $ 121,258 $ 44,662 $ (10,920) Admin $ 10,000 $ 10,000 $ - $ 20,000 $ 13,648 $ - $ 6,352 TOTAL $ 50,000 $ 50,000 $ 75,000 $ 175,000 $ 134,906 $ 44,662 $ (4,568) Funding: Fund 469 - Renewal & Replacement ($50,000) and Fund 220 - Buildings and Grounds ($125,000) $ 9,363 $ Kodiak Fisheries Research Center Exterior Upgrade - 20004 Long Term Care Exterior Fuel Line Replacement - 21007 Original Budget Original Budget Ord 2020-01H Current Budget Expenses Obligated Remaining Design $ 80,000 $ 50,000 $ 130,000 $ 57,855 $ 69,042 $ 3,103 Admin $ 20,000 $ - $ 20,000 $ 7,875 $ - $ 12,125 TOTAL $ 100,000 $ 50,000 $ 150,000 $ 65,730 $ 69,042 $ 15,228 Funding: Fund 555 - KFRC $ 23,375 $ 7,125 Admin $ 15,000 Long Term Care Exterior Fuel Line Replacement - 21007 Original Budget Current Budget Current Budget sign $ 20,000 Expenses 16,173 $ 1,128 $ 2,700 Obligated Remaining Design $ 15,000 $ 15,000 $ 12,534 $ - $ 2,466 Construction $ 50,000 $ 50,000 $ 19,500 $ 23,375 $ 7,125 Admin $ 15,000 $ 15,000 $ 9,363 $ - $ 5,637 Contingency $ 5,000 $ 5,000 $ - $ - $ 5,000 TOTAL $ 85,000 I I I 1$ 85,000 1$ $ 41,397 1$ 23,375 1$ 20,228 Funding: Fund 540 - Hospital $ 21,828 $ 40,000 $ 61,828 $ North Star Elementary Siding Replacement - 20008 BD (D Peterson Elementary Roof Replacement - 21008 Original Budget Current Budget Original Budget sign $ 20,000 Ord 2021-01H 16,173 $ 1,128 $ 2,700 Current Budget $ 5,000 $ Expenses AaTAL $ 25,000 Obligated Remaining Design $ 26,193 $ 70,000 $ 96,193 $ 55,572 $ 41,650 $ (1,029) Construction $ 436,556 $ 717,467 $ 1,154,023 $ 244,979 $ - $ 909,044 Admin $ 17,462 $ 40,000 $ 57,462 $ 36,534 $ $ 20,928 Contingency $ 21,828 $ 40,000 $ 61,828 $ - $ $ 61,828 TOTAL $ 502,039 1 $ 867,467 1 $ 1,369,506 1$ 337,085 1$ 41,650 1$ 990,771 F ding: KIBSD ($502,039) & Fund 470 - School R&R Bond Projects ($867,467) BD (D Peterson Elementary Roof Replacement - 21008 Original Budget Current Budget Expenses Obligated Remaining sign $ 20,000 $ 20,000 $ 16,173 $ 1,128 $ 2,700 A min $ 5,000 $ 5,000 $ 126 $ - $ 4,874 AaTAL $ 25,000 $ 25,000 $ 16,298 $ 1,128 $ 7,574 Funding: Fund 220 - Buildings and Grounds Project Budget Status Page 1 of 2 Kodiak Island Borough Project Budget Status - Period Ending July 31, 2021 Budget and Adjustments I Current Budget Status Providence Kodiak Island Medical Center Retaining Wall - 20003 Original Budget Ord 2021-01E Current Budget Ord 2021-01H Obligated Remaining Current Budget Expenses $ 85,000 $ Obligated 36,109 $ 9,698 Remaining Design $ 125,000 $ 85,000 $ 10,000 $ 220,000 $ 165,900 $ 43,143 $ 10,957 Construction $ - $ - $ 2,500,000 $ 2,500,000 $ 491,225 $ 1,845,200 $ 163,575 Admin $ 25,000 $ - $ 10,000 $ 35,000 $ 36,584 $ - $ (1,584) Contingency $ - $ 80,000 $ 80,000 $ 80,000 TOTAL $ 150,000 1 $ 85,000 1 $ 2,600,000 1 $ 2,835,000 1$ 693,709 1 $ 1,888,342 1 $ 252,948 Funding: Fund 540 - Hospital Salonie Creek Culvert Replacement - 20009 Project Budget Status Page 2 of 2 Original Budget Current Budget Expenses Obligated Remaining Design $ 85,000 $ 85,000 $ 39,193 $ 36,109 $ 9,698 Admin $ 15,000 $ 15,000 $ 2,616 $ - $ 12,384 TOTAL $ 100,000 $ 100,000 $ 41,809 $ 36,109 $ 22,082 Funding: Fund 210 - Land Sales Project Budget Status Page 2 of 2 m m o O O Q' =. > N, N < O O O N N d C v o' m 3 ' a �. 06 O = . 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O m CD KODIAK ISLAND BOROUGH Meeting Type: �e-� �t Date: Sl Please PRINT vour name legibly Please PRINT vour name leaibl View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2022, No. 4 August 20, 2021 At Its Regular Meeting Of August 19, 2021, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On September 2, 2021, At 6:30 p.m. In The Borough Assembly Chambers. DENIED Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, Subdv: Miller Pt. Block:7 Lot: 3 & 4. APPROVED Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In The Community Development Department At Step F, Range 20.5 Of KIBC Salary Schedule And Approving Relocation Expense. ADVANCED Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places To Public Hearing At The Next Regular Meeting Of The Assembly On September 2, 2021. CONVENED Into Executive Session To Discuss Report / Discussion Of Manager Recruitment Transition Plan; INVITED The Mayor, The Assembly, The Borough Attorney, And The Borough Clerk; And FAILED To Approve The Borough Manager’s Recruitment Packet. DECLARED A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jardine. ACCEPTED Notice Of Formal Resignation Of Assembly Member Julie Kavanaugh, Effective September 3, And INSTRUCTED The Borough Clerk To Begin The Process Of Filling The Vacant Seat Per KIB Code. CONVENED Into Executive Session To Discuss Superior Court Decision - Case No. 3 KO-20-96 CI, Melvin Stephens Senior Exemption Appeal; INVITED The Mayor, The Assembly, The Borough Attorney, The Borough Clerk, And The Borough Assessor Into Executive Session; And SCHEDULED Superior Court Decision - Case No. 3 KO-20-96 CI, Melvin Stephens Senior Exemption Appeal Hearing To The Regular Meeting Of The Assembly On September 16, 2021.