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2012-05-17 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 17, 2012, 7:30 p.m., Assembly Chambers 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. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of April 19, 2012. 6. AWARDS AND PRESENTATIONS A. Safe Boating Week Proclamation B. Kodiak Chamber of Commerce Economic Development Update C. Kodiak Island Convention and Visitors Bureau Presentation D. FY2013 Budget Power Point Presentation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Resolution No. FY2013 -01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District For the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013. B. Ordinance No. FY2012 -16 Amending Various Code Sections in Title 7 Elections. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 1 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -20 Professional Services Agreement for Coordination /Constructability and Code Compliance Review of the Kodiak High School Addition and Renovation Project Design Documents. B. Resolutions 1. *Resolution No. FY2012 -30 Disposing of Certain Borough Owned Land to the City of Kodiak for Less Than Fair Market Value (P &Z Case 12 -031). C. Ordinances for Introduction 1. Ordinance No. FY2013 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2012 and Ending on the Thirtieth Day of June 2013 (Fiscal Year 2013 Budget). D. Other Items 1. *Approval of Revised Planning and Zoning Commission By -Laws. 2. Assembly Review of a Planning and Zoning Commission Case Recommending Denial of a Rezone of Certain Properties Along Sharatin Road and Wilton White Way (P &Z Case 12 -022 — Wolf, Arnold, and Breeden). 3. Hiring for the Position of Construction Inspector /Engineer at Salary Range 20, Step F. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Joint Building Code Review Committee Meeting of April 2, 2012. B. Reports — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 19, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 19, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of April 5, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented the Employee of the Quarter Award to Meagan Christiansen, Grant Writer /Special Project Support in the Manager's office. Mayor Selby presented the Student of the Month Award for April 2012 to Brendan Wehde, a Senior at Kodiak High School. Mayor Selby proclaimed the Month of April 2012 as the Month of the Military Child in Kodiak, and encouraged all Kodiak residents to show appreciation and understanding to the military children in our community, and to recognize their courage, sacrifice, heroism, and continued resilience. CITIZENS' COMMENTS Dr. Paul Zimmer spoke in support of the Providence Kodiak Island Medical Center and its partnership with the Kodiak Island Borough. COMMITTEE REPORTS Assembly member Kaplan reported that the Kodiak College Advisory Board Committee met and reported that college attendance had doubled in the last two years. Assembly member Stutes spoke about the Southwest Alaska Municipal Conference (SWAMC) meeting where the crew member data program was discussed. Assembly member Stephens reported on the Kodiak Island Borough School Board work session where the school budget was discussed in relation to the legislative funding package. Kodiak Island Borough Assembly Minutes April 19, 2012 Page 1 PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported: • Manager Gifford would be out of town until April 26; • Mark Hickey's legislative report and KIB Finance Department's Popular Report for 2012 was provided to the Assembly; • hired new employees for the Borough's GIS Analyst position and Secretaries for the Finance and Engineering & Facilities Departments; • the Parks and Recreation Committee scheduled a Trail Summit meeting for April 24, in the Kodiak High School Commons; and • the draft Zoning, Subdivision, and Real Property code update was available for comment until May 18. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby offered his condolences to the Coast Guard families and the Coast Guard Command that lost families and workers in the last week. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -26 Authorizing the Issue of Kodiak Island Borough General Obligation Refunding School Bonds, 2012 in One or More Series in the Principal Amount of Not to Exceed $12,180,000 to Refund Certain Outstanding General Obligation School Bonds of the Borough, Fixing Certain Details of Such Bonds and Authorizing Their Sale. KAPLAN moved to adopt Resolution No. FY2012 -26. Interest rates on government bonds had been getting lower for some time. Because of this, the Borough could refinance part of the 2004C and 2004D bond issues at a lower interest rate than we were currently paying. Based on the current market, the Borough and State would receive a present value savings of $595,856. As the market changed and until these bonds were sold, this amount could change, both up and down. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes, Kodiak Island Borough Assembly Minutes April 19, 2012 Page 2 Ordinances for Introduction 1. Ordinance No. FY2012 -19 Rezoning a Tract of Land Located in Old Harbor From R1- Single Family Residential To I- Industrial (P &Z Case 12 -030, Sage Technologies, LLC). STUTES moved to adopt Ordinance No. FY2012 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. A petition for the rezone of a tract of land in Old Harbor came as a request before the Planning and Zoning Commission. Not only was this the site of a proposed communications tower providing broadband service for community cell phone and internet, this area also included the Old Harbor Landfill. The rezone to I- Industrial would allow the landfill and support activities to expand without coming back to the Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. 2. Ordinance No. FY2012 -20 Amending Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax By Adding Section 3.35.085 Method of Determining the Assessed Value of Property That Qualifies for a Low Income Housing Tax Credit Under 26 USC 42. AUSTERMAN moved to adopt Ordinance No. FY2012 -20 in first reading to advance to public hearing at the next regular meeting of the Assembly. The property located at 2610 Mill Bay Road, known as the Fir Terrace Apartments, requested, in accordance with AS 29.45.110(d), that the Kodiak Island Borough exempt their property from the full and true valuation requirement of AS 29.45.110(a) and assess their property based on actual rents. The assessor found that this property did qualify as a LIHTC property under 26 CFR 42 and the qualification date was after January 1, 2001. To make a decision on whether to honor their request or not, according to the State Assessor, the borough must first adopt an ordinance to review such requests on a parcel by parcel basis. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens reiterated his concern for the Kodiak High School Renovation design and the need for a project manager. Assembly member Stutes requested that the Borough Manager address the project manager request for proposal for the Kodiak High School Renovation project at the next work session. Assembly member Bonney repeated the concern of a project manager being hired for the Kodiak High School Renovation project. Kodiak Island Borough Assembly Minutes April 19, 2012 Page 3 Assembly member Friend expressed his condolences to the families of the deceased Coast Guard families, and congratulated the student of the month. Assembly member Kaplan congratulated the student of the month and employee of the quarter Meagan Christiansen. Assembly member Kaplan also requested the deadline date for the recycling RFP. The deadline was May 5, 2012. Assembly member Lynch and Austerman expressed their condolences to the Belisle and Hopkins families, and congratulated the student of the month and employee of the quarter. Assembly member Austerman thanked Assembly member Stephens for the school district funding information and addressed the need for a project manager for the high shoot project. Announcements The next Assembly work session would be held on Thursday, April 26 at 7:30 at 9 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 3 at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and Kodiak Island Borough School Board would hold a joint work session on Tuesday, May 1 at 6:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. The meeting was adjourned at 8:10 p.m KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Adopted on: Kodiak Island Borough Assembly Minutes April 19, 2012 Page 4 , ,, t r KODIAK ISLAND BOROUGH r - AGENDA STATEMENT REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 9.A TITLE: Resolution No. FY2013 -01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -01 APPROVAL FOR AGENDA: d e SUMMARY STATEMENT: KIBC 3.15.030B provides that the school district shall submit to the manager the proposed budget and local support requirements for the school by the 30th of April. The School Board submitted their Budget on April 24, 2012. Alaska Statutes 14.14.060c provides that if the assembly does not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -01. Kodiak Island Borough Page 1 of 1 A .. Kodiak Island Borough A Ai � ' MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough THROUGH: Rick Gifford, Borough Manager FROM: Karleton Short, Finance Director SUBJECT: School Funding DATE: May 17, 2012 On April 24, the School District requested for a local contribution of $10,388,388. Resolution No. FY2013 -01 appropriates $9,931,800 to the school district. This is a difference of $456,880. Please consider the following: 1. If Resolution No. FY2013 -01 is adopted as presented, the Assembly would have the opportunity to increase appropriation at the June 7 meeting when the Borough's budget is approved. 2. By State Law, the Assembly needs to furnish the School Board with a statement(resolution) by May 23. If not, the amount of funding will automatically become what the school district requested. For amendment considerations, please see the following: • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,388,388 (funding to the cap). Suggested sources for the increase: $256,880 fish severance tax $200,000 State raw fish tax $456,880 • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,331,800. Suggested sources for the increase: $200,000 fish severance tax $200,000 State raw fish tax $400,000 • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,131,800. Suggested source for the increase: $200,000 fish severance tax These three scenarios are the likeliest options. The Assembly may wish to consider alternative scenarios. 1 Introduced by: Borough Manager 2 Requested by: School District Board Drafted by: Finance Director 3 Introduced on: 05/17/2012 4 Public Hearing: 05/17/2012 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2013 -01 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE MADE 12 AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND BOROUGH 13 SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING 14 JULY 1, 2012 AND ENDING JUNE 30, 2013 15 16 WHEREAS, Kodiak Island Borough Code of Ordinances 3.08.030B provides that the 17 Kodiak Island Borough Board of Education shall submit the proposed budget and local 18 support requirements for the schools by April 30; and 19 WHEREAS, the Kodiak Island Borough Board of Education submit their proposed budget 20 and local support requirements for the schools on April 24; and 21 WHEREAS, within thirty days after receipt of the school district budget, the assembly shall 22 determine the amount of funds to be made available from local sources for school purposes 23 and shall furnish the Board of Education with a statement of the sum to be made available; 24 and 25 WHEREAS, the Board of Education has submitted a proposed budget of $47,753,695 that 26 includes a Kodiak Island Borough contribution for FY2013 of $10,388,388, of which 27 $9,486,538 is appropriation, and $901,850 is for in -kind services; and 28 WHEREAS, the amount of funds to be appropriated from local sources for school purposes 29 will be incorporated into Ordinance No. FY2013 -01, the Borough's fiscal year 2013 30 appropriation and tax levy ordinance; and 31 WHEREAS, FY2013 motor vehicle registration taxes are estimated at $250,000; and 32 WHEREAS, the School District appropriation stated in this resolution may be adjusted as 33 part of the Borough budget process. 34 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that the minimum amount to be made available to the Kodiak Island Borough 36 School District from local sources for the fiscal year ending June 30, 2013 is set at 37 $9,931,800 for both the direct appropriation and in kind services. 38 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 39 ISLAND BOROUGH that a mill levy of at least 9.03 mills for education support will be set for 40 the fiscal year ending June 30, 2013. Kodiak Island Borough Resolution No. FY2013 -01 Page 1 of 2 41 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 42 ISLAND BOROUGH that a determination regarding additional funding may be made available 43 to the Kodiak Island Borough School District based upon federal, state, and local funding 44 available for the fiscal year ending June 30, 2013. 45 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK • 46 ISLAND BOROUGH any in -kind service expenditures over the budgeted amounts will have to 47 be absorbed by the Kodiak Island Borough School District. 48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 49 THIS DAY OF 2012 50 51 KODIAK ISLAND BOROUGH 52 53 54 55 Jerome M. Selby, Borough Mayor 56 57 ATTEST: 58 59 60 61 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -01 Page 2 of 2 KODIAK ISLAND BOROUGH yrP ¢tr° AGENDA STATEMENT "Qt`s,, .. REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 9.B TITLE: Ordinance No. FY2012 -16 Amending Various Code Sections in Title 7 Elections. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes El No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -16, description of amendments, the pertinent information such as Supreme Court Decisions and Enactment of the State Legislature Wee-41 APPROVAL FOR AGENDA: ,(lS '/ SUMMARY STATEMENT: This ordinance clarifies that hand counting of ballots would only pertain to precincts where the optical scans or other computer -read or electronic ballot counting equipment are not used, or in elections where write -in votes should be tallied. This ordinance institutes a requirement to file a declaration of candidacy for those who wish to run a write -in campaign. This amendment would incorporate language in the borough code in order to solidify the process in allowing minor variations in the spelling of write -in candidate names to be counted for a candidate. This ordinance would eliminate the unnecessary process of counting write -in votes on election night and it would clarify the role of the receiving team. The effective date of this ordinance will be upon notification from the U.S. Department of Justice of non - objection to the Preclearance Request in accordance with Section 5 of the Voting Rights Act of 1965. This ordinance was reviewed by the Attorney. Results have been shared with the Assembly as a corrected version of the Ordinance. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -16. Kodiak Island Borough Page 1 of 1 (, 1 2 Introduced by: Borough Clerk SUBSTITUTED VERSION Requested by: Borough Clerk 3 Drafted by: Borough Clerk 4 Introduced: 05/01/2012 5 Public Hearing: 05/17/2012 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -16 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING VARIOUS CODE SECTION 12 IN TITLE 7 ELECTIONS </, 13 r `C\ 14 WHEREAS, Section 2 of this ordinance would change,all. references 'of the word "Special 15 Needs" to "Personal Representative" in this title; and72" ' r\ 16 \ 17 WHEREAS, Section 3 of this ordinance would allow those running for candidacy who 18 cannot obtain notary services to have a postmaster statement ofzcandidacy and 19 this section would also allow candidates to submit thee declaration ion of candidacy by electronic 20 submission; and <� \ \` 21 r\ �1 22 WHEREAS, Section 4 of this ordinance \clarifies that hand counting of ballots would only 23 pertain to precincts where the optical scans or other computer -read or electronic ballot 24 counting equipment are not or in elections `where w`rite votes should be tallied; and 25 26 WHEREAS, Sectio 55 4 M \ \ odinance institutes a requirement to file a declaration of tr ., • 27 candidacy for those who \wishlto_ run a writ and this amendment would 28 incorporate the language in the borough code_inor to solidify the process in allowing minor 29 variations in the.spelling of write-in candidatenames to be counted for a candidate; and \ r 0 1 WHEREAS Section 6\w 31 uld e limina te the unnecessary process of counting write -in votes 7 32 the nightof the election and w ould clarify the role of the receiving team; and 33 ` 34 WHEREASS \ Section 7 provides for the effective date of this ordinance which would be upon 35 notification from \ the\U. S./ D epartment of Justice of non - objection to the Preclearance 36 Request in accordance with Section 5 of the Voting Rights Act of 1965. 37 j>,„ 38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: This ordinance is of a general and permanent nature and shall become a part 42 of the Kodiak Island Borough Code of Ordinances; 43 44 Section 2: All references to "Special Needs" are changed to "Personal • 45 Representatives" throughout Title 7. Words are replaced three times in 46 KIBC 7.40.010, eight times in KIBC 7.50.040, and once in KIBC 7.70.030A. Kodiak Island Borough Ordinance No. FY2012 -16 Page 1 of 4 • 47 48 Section 3: Title 7 Elections, Chapter 7.20 Qualifications of Voters and Candidates, 49 Section 7.20.030 Declaration of Candidacy is hereby amended as follows: 50 51 7.20.030 Declaration of candidacy. . 52 A. At least 75 days before each regular election, the clerk shall publish in one or more 53 newspapers of general circulation in the borough a notice of offices to be filled at the 54 election and the procedure for filing a declaration of candidacy. 55 B. Packets containing declarations of candidacy shall be available from the clerk's office no 56 later than the day the filing period opens. Declarations of candidacy shall be submitted in 57 original form and may be submitted electronically, provided that theoriginal is received 58 by the clerk before the close of the filing period. //' `.\ 59 C. A declaration of candidacy shall be in a form provided'by the clerk and shall state the 60 following: \ti\y . 61 1. The full name of the candidate, and the manner -in which the'candidate wishes the 62 candidate's name to appear on the ballot; /r,/ \ N 63 2. The full residence and mailing addressesof the candidate; \ , 64 3. The office for which the candidate declares; \, \ j i F\ I " • 65 4. That the candidate is qualified for the office as provided by law; 66 5. The date and notarized statement of the candidate. If a notary public is not 67 available, a postmaster may attestthe statement instead of a notary; - 68 6. The candidate shall certify information contained in the declaration of candidacy is true 69 and accurate; \\ - `'' ,. I" 70 7. Any other information that the clerk`'reasonably,requires to determine whether the :. . 71 candidate is qualified-forthe office as provided by law; and 72 8. The declaration of candidacy must be sig'ned by 10 qualified voters of the borough. 73 C' --, ) j \�� ;, 74 D. Filing for elective offices shall b`• made by filing a declaration of candidacy with the clerk '/ /�,. / 75 from August - 1 - through August 15;4:30 p.m. Should August 15 fall on a Saturday or 76 Sundayrbandidates shall have 4:30 p.m. on the first Monday following to file their 77 declaration. ` 'v \ > / \ 78 E. Declarations of candidacy ma filed with the clerk by electronic transmission and 79 the original signed and\notarized statement must be delivered to the clerk by the close 80 of the filing period. If Hie/original is not received by the clerk at the close of the filing 81 period, the candidate's,hame shall not appear on the ballot. 82 F. Within four business -days after filing a declaration of candidacy, the clerk shall notify the 83 candidate as to whether it is in proper form. If not, the clerk shall immediately return the 84 declaration of candidacy to the candidate with a statement certifying how the nominating 85 petition is deficient. 86 87 Section 4: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 88 7.30.120 Rules for counting ballots is hereby amended as follows: 89 90 7.30.120 Rules for counting ballots. 91 A. The election board shall -2- - - - - e ,• e • • : e e .•* . o -: perform a hand 92 count for ballots in precincts where the optical scan and other computer -read or Kodiak Island Borough Ordinance No. FY2012 - Page 2 of 4 93 electronic ballot counting equipment are not used, or in elections where write -in 94 votes shall be tallied in accordance with Sections 7.30.110 and 7.30.125 of this 95 chapter. 96 1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or 97 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are 98 clearly spaced in the oval opposite the name of the candidate, proposition, or question 99 that the voter desires to designate. 100 2. A failure to properly mark a ballot as to one or more candidates does not itself 101 invalidate the entire ballot. 102 3. If a voter marks fewer names than there are persons to be elected to the office, a vote 103 shall be counted for each candidate properly marked. 47: 104 4. If a voter marks more names than there are personsto be elected to the office, the 105 votes for candidates for that office may not be counted(\ \ 106 5. The mark specified in subsection (A)(1) of this section shall be counted only if it is 107 substantially inside the oval provided, or touching -the oval so as to indicate clearly that 108 the voter intended the particular oval to be designated. \`, 109 6. Improper marks on the ballot may not/<./ b/ \ counted and do not invalidate marks for 110 candidates properly made. \, .ire 111 7. An erasure or correction invalidates only that section'of the ballot in which it appears. 112 8. Write -in votes are not invalidated,by writing in the name of a candidate whose name is 113 printed on the ballot unless the election board determines, on the basis of other 114 evidence, that the ballot was so marked forthe purpose of identifying the ballot. 115 9. In order to vote for a write -in candidate, the voter must write in the candidate's name 116 in the space provided_ and fill in the oval opposite-the name in accordance 117 with subsection (A)(1,) of \ 1/ this section. � 118 10. Stickers bearing'the candidate's name may not be used on the ballot. 119 1)-- A ) ) \\ 120 Section 5: Title 7 E /ections /Chapter 7.30 P rocedure of Conduct of Elections, Section \ . � 121 - 7:30:125 Write- in.votesls• hereby added as follows: 122 / • 123 7.30.125'Writ ne i Vot 124 A. Write- in.votes shall not be tallied except: 125 1. if a'person running as a write -in candidate has, at least before 5 p.m. of the day 126 before. the electionifiled a declaration of write -in candidacy on a form provided 127 by the clerk he or she is willing to assume the office if elected and 128 has also filed`a! completed public officials financial disclosure statement with 129 the borough clerk if applicable; and 130 2. if the total n of write -in votes for an office exceeds the smallest number of 131 votes cast for a candidate for that office whose name is printed on the ballot. 132 B. In order to vote for a write -in candidate, the voter must, in the space provided, write 133 in the candidate's name as the candidate's name appears on the candidate's 134 declaration of write -in candidacy filed with the borough clerk. In addition, the voter 135 must mark the square or oval opposite the candidate's name in accordance with 136 subsection 7.30.120 Al of the KIB Code. Stickers shall not be used. • Kodiak Island Borough Ordinance No. FY2012 -16 Page 3 of 4 137 C. Write -in votes are not invalidated by writing in the name of a candidate whose name 138 is printed on the ballot unless the election board determines, on the basis of other 139 evidence, that the ballot was so marked for the purpose of identifying the ballot. 140 D. If votes for write -in candidates are counted at the precinct level, election workers 141 shall set aside any ballots which contain any abbreviation, misspelling, or other 142 minor variation in the form of the name of a write in candidate and forward those 143 ballots to the canvass board for review and determination. The canvass board shall 144 review such ballots and shall disregard any misspelling, or other minor variation in 145 the form of the name of a write -in candidate if the intention of the voter can be 146 ascertained. 147 E. In order to be elected, a write -in candidate must receive the number of votes 148 required by this chapter. \, 149 Section 6: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 151 7.30.130 Receiving team is hereby amended,as'follows\ 152 // \ \ 153 7.30.130 Tally- of - votes Receiving Team. \ 154 A. Before each election, the assembly shall appoint.at qualified voters, who shall 155 constitute the receiving/counting team. \� V 156 B. The receiving/seunting team shalljeceive all ballots ;,ele tion materials, supplies, etc., 157 from the precinct election officials on election night. N ` \ 158 C. If timo allows, tho rocoiving /counting.,'toam shall start tho tallying of tho writo in votoc 159 - --- - - -- - - • • - - •� a e tee • . _ .- 9. e. 160 161 0 - _ _.._ e -- - -' e .• ..• e e. - e.e ..._ _ •• :e e • \ 162 the- ballot. \ 163 D. Tho clork shall •iccuo instruction and shall provido forms and cupplios for tho tally of tho 164 wfife is metes / `� ) 165 � 166 Section 7� Effective This`ordinance shall be effective upon notification from the U.S. 167 f < Department \of Just ce--of non - objection to the Preclearance Request in 168 �„ \ accordance with Section "5 of the Voting Rights Act of 1965. 169 \ \ \ \ G' 170 ADOPTED BY THE'ASSEMBLY OF THE KODIAK ISLAND BOROUGH 171 \THIS 1/ DAY OF 2012 172 173 KODIAK ISLAND BOROUGH 174 175 176 177 ATTEST: Jerome M. Selby, Borough Mayor 178 179 180 181 182 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -16 Page 4 of 4 1 2 Introduced by: Borough Clerk CORRECTED VERSION Requested by: Borough Clerk 3 Drafted by: Borough Clerk 4 Introduced: 05/01/2012 5 Public Hearing: Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -16 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK IS(AND BOROUGH 11 AMENDING VARIOUS CODE SECTIONS 12 IN TITLE 7 ELECTIONS , ,,, . . 13 K N 14 WHEREAS, Section 2 of this ordinance would change,all'references of the word "Special 15 Needs" to "Personal Representative" in this title; and/r-\ 16 /. 17 WHEREAS, Section 3 of this ordinance would allow those running for candidacy candidacy who 18 cannot obtain notary services to have a postmaster attest their statement ofc andidacy and 19 this section would also allow candidates to submit the declaration of candidacy by electronic 20 submission; and `' 22 WHEREAS, Section 4 of this ordinance �cl rifies that hand counting of ballots would only 23 pertain to precincts where the optical scans or ) other --...., computer -read or electronic ballot 24 counting equipment are not -used, or in elections'where write -in votes should be tallied; and 25 / -`'., \\, \ 26 WHEREAS, Section: 5 of thi \o institutes a requirement to file a declaration of 27 candidacy for those Who \wish / to run a writ ein campaign and this amendment would 28 incorporate the language in the'borough`codeJn -order to solidify the process in allowing minor 29 variations in'th se pelling of write-in candidate•n mes to be counted for a candidate; and 30 7 � 31 WHE Section 6'would eliminate the unnecessary process of counting write -in votes 32 the night•of the election and would clarify the role of the receiving team; and 34 WHEREAS, Section 7 provides for the effective date of this ordinance which would be upon 35 notification from�the U. S of Justice of non - objection to the Preclearance 36 Request in accordance with Section 5 of the Voting Rights Act of 1965. 37 i -'� 38 NOW, THEREFOR BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: Thi ordinance is of a general and permanent nature and shall become a part 42 of the Kodiak Island Borough Code of Ordinances; 43 44 Section 2: : : • : .: • . 45 All references to "Special Needs" are 46 changed to "Personal Representatives" throughout Title 7. Words are Kodiak Island Borough Ordinance No. FY2012 -16 Page 1 of 4 47 replaced three times in KIBC 7.40.010, eight times in KIBC 7.50.040, and 48 once in KIBC 7.70.030A. 49 50 Section 3: Title 7 Elections, Chapter 7.20 Qualifications of Voters and Candidates, 51 Section 7.20.030 Declaration of Candidacy is hereby amended as follows: 52 53 7.20.030 Declaration of candidacy. 54 A. At least 75 days before each regular election, the clerk shall publish in one or more 55 newspapers of general circulation in the borough a notice of offices to be filled at the 56 election and the procedure for filing a declaration of candidacy. 57 B. Packets containing declarations of candidacy shall be available clerk's office no 58 later than the day the filing period opens. Declarations of candidacy shall be submitted in 59 original form and shall-not may be submitted electronically, provided that the original is 60 received by the clerk before the close of the filing period. 61 C. A declaration of candidacy shall be in a form proyideed by the clerk and shall state the 62 following: ~ 63 1. The full name of the candidate, and thefmanner in ° which the candidate - wishes the 64 candidate's name to appear on the ballot; ,, 65 2. The full residence and mailing addresses of the candidate; _ 66 3. The office for which the candidate declares; \ \ \\ 67 4. That the candidate is qualified for i eh office as provided bylaw; 68 5. The date and notarized statement -or thhe candidate ^tlf' "a notary public is not 69 available, a postmaster may attest the statement instead of a notary; 70 6. The candidate shall certify informationkcontained1n the declaration of candidacy is true 71 and accurate; /"" - y/ 72 7. Any other information that clerk easonably requires to determine whether the 73 candidate is qualified for the • office as provided by law; and 74 8. The declaration of candidac be signe by 10 qualified voters of the borough. 75 �` 76 D. Filing elective,, offices shall be made by filing a declaration of candidacy with the clerk 77 fromjAugust 1 th otigh\August 15,>4:30 p.m. Should August 15 fall on a Saturday or 78 Sunday, andidates shall \have until 4:30 p.m. on the first Monday following to file their 79 declaration. \ 80 E. Declarat on of candidacy may be filed with the clerk by electronic transmission and 81 the original signed and statement must be delivered to the clerk by the close 82 of the filing pe`rioa if:the original is not received by the clerk at the close of the filing 83 period, the candidate's name shall not appear on the ballot. 84 F. Within four business days after filing a declaration of candidacy, the clerk shall notify the 85 candidate as to whether it is in proper form. If not, the clerk shall immediately return the 86 declaration of candidacy to the candidate with a statement certifying how the nominating 87 petition is deficient. 88 89 Section 4: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 90 7.30.120 Rules for counting ballots is hereby amended as follows: 91 92 7.30.120 Rules for counting ballots. Kodiak Island Borough Ordinance No. FY2012 -16 Page 2 of 4 93 A. The election board shall - e - • e- - - . - - e - e : e e - z.: perform a hand 94 count for ballots in precincts where the optical scan and OF other computer -read or 95 electronic ballot counting equipment are not used, or in elections where write -in 96 votes shall be tallied in accordance with Sections 7.30.110 and 7.30.125 of this 97 chapter. 98 1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or 99 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are 100 clearly spaced in the oval opposite the name of the candidate, proposition, or question 101 that the voter desires to designate. 102 2. A failure to properly mark a ballot as to one or more candidates does not itself 103 invalidate the entire ballot. /",2 104 3. If a voter marks fewer names than there are persons to•b elected to the office, a vote 105 shall be counted for each candidate properly marked'({ 106 4. If a voter marks more names than there are persons to be elected to the office, the 107 votes for candidates for that office may not be / counted. 108 5. The mark specified in subsection (A)(1) of�;this section shall be counted only if it is 109 substantially inside the oval provided, or t uc the so as to indicate clearly that 110 the voter intended the particular oval to be designatedd ?'\ 7 111 6. Improper marks on the ballot may not be counted_ d and do not invalidate marks for 112 candidates properly made. \\ 113 7. An erasure or correction invaliat s only that section of the ballot in which it appears. ■ 114 8. Write -in votes are not invalidated by writing -in the name of a. andidate whose name is 115 printed on the ballot unless the election -b a d.,determines, on the basis of other 116 evidence, that the ballot was so marked forthe purpose of identifying the ballot. 117 9. In order to vote,for „-- ----, candidat t he voter . write in the candidate's name 118 in the space P ace rovided and fill in the oval o osite the candidate's name in accordance t \ 119 with subsection;(A)(1) of this section. `\ ,,, 120 10. Stickers bearing the canddate's -name may not be used on the ballot. 121 �"� \ �� % 122 Section 5:�1ea7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 123 7.30.125 -in votes.is• hereby added as follows: 124 a,\ \ i 125 7.30.125 Write -in Votes. j 126 A. Write -in votes shall not ble tallied except: 127 1. if the a person running as a write -in candidate has, at least before 5 p.m. of the 128 day beforaNtIierelection filed a declaration of write -in candidacy on a form 129 provided by the clerk stating that they -are he or she is willing to assume the 130 office if elected and have has also filed a completed public officials financial 131 disclosure statement with the borough clerk; and 132 2. if the total number of write -in votes for an office exceeds the smallest number of 133 votes cast for a candidate for that office whose name is printed on the ballot. 134 B. In order to vote for a write -in candidate, the voter must, in the space provided, write 135 in the candidate's name as the candidate's name appears on the candidate's 136 declaration of write -in candidacy filed with the borough clerk. In addition, the voter 137 must mark the square or oval opposite the candidate's name in accordance with 138 subsection 7.30.120 Al of the KIB Code. Stickers shall not be used. Kodiak Island Borough Ordinance No. FY2012 -16 Page 3 of 4 139 C. Write -in votes are not invalidated by writing in the name of a candidate whose name 140 is printed on the ballot unless the election board determines, on the basis of other 141 evidence, that the ballot was so marked for the purpose of identifying the ballot. 142 D. If votes for write -in candidates are counted at the precinct level, election workers 143 shall set aside any ballots which contain any abbreviation, misspelling, or other 144 minor variation in the form of the name of a write in candidate and forward those 145 ballots to the canvass board for review and determination. The canvass board shall 146 review such ballots and shall disregard any misspelling, or other minor variation in 147 the form of the name of a write -in candidate if the intention of the voter can be 148 ascertained. 149 E. In order to be elected, a write -in candidate must receive - the number of votes 150 required by this chapter. 151 152 Section 6: Title 7 Elections, Chapter 7.30 Procedure'of Conduct of Elections, Section 153 7.30.130 Receiving team is hereby amen dekas follows\ 154 9 \ r n 155 7.30.130 Tally -of -votes Receiving Team. 156 A. Before each election, the assembly shall appoi a t , leas thr ee qualified vot who shall 157 constitute the receiving/counting team. 158 B. The receiving /counting team shall receive all ballots; election materials, supplies, etc., 159 from the precinct election officials on election night. 160 • \c• - - 161 e _ '• ' ' o 162 \ \ ./ /7`� ,, 163 ` '/ \ / 164 the balled /` 165 D. Tho clock chall'issuo i nstruction and shall provide forms and supplies for tho tally of tho 166 write - ire -votee. N \f °- "" - ,/� 167 \ / wm4 % ! 168 Section 7" Effective Date. This'ordinance shall be effective upon notification from the U.S. 169 Department Hof Just ■ce_of non-objection to the Preclearance Request in 170 -. accordance with Section�5 of the Voting Rights Act of 1965. \ 171 1 `I 172 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 173 \ 'NTHIS I! DAY OF 2012 N °'f 174 175 / KODIAK ISLAND BOROUGH 176 177 178 179 ATTEST: Jerome M. Selby, Borough Mayor 180 181 182 183 184 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -16 Page 4 of 4 Kodiak Island Borough Office of the Borough Clerk J 710 Mill Bay Road _ .. Kodiak, Alaska 99615 a a,.' Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: May 8, 2012 MEMO TO: Mayor and Assembly FROM: Nova M. Javier, MMC RE: Election Code Follow up This memo is provided to clarify some concerns expressed at the last regular meeting. Please let me know if there's anything that I could research or clarify regarding this ordinance. Since this has been reviewed by the Attorney, I would appreciate getting your comments ahead of time so I could run them through the attorney. 7.30.125 Write -in Votes. A. Write -in votes shall not be tallied except: 1. if a person running as a write -in candidate has, at least before 5 p.m. of the day before the election filed a declaration of write -in candidacy on a form provided by the clerk stating that he or she is willing to assume the office if elected and has also filed a completed public officials financial disclosure statement with the borough clerk; and 2. if the total number of write -in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. Assembly member Stephens noted the following: • Theoretically, if 60% votes were cast for an individual, there is a clear majority and those votes would be disregarded unless the individual files a declaration of candidacy by the day before the election. Correct. • Similar language is in the State code; however, State and Borough Elections situations are different. The proposed KIB code amendment would do the same which is to establish compliance and determine the eligibility of candidates with regards to their residency, age requirements, qualification as a voter, citizenship requirements, etc. before election day. • This is a form of disenfranchisement. Is this something you would the attorney to review regarding a possible disenfranchisement of a voter? In checking the definition of disenfranchisement, it means "to deprive of right, especially voting: to deprive a person or organization of a privilege, immunity, or legal right, especially the right to vote." Section 2's intent is not to deprive anyone of their legal right to vote but to set parameters regarding write -in candidacy and write -in votes. • It's not a big deal to count write -ins for Borough Elections. Hours spent on counting service area write -in votes: 5 hours For at -large seats (Mayor, School Board, or Assembly): estimated additional time 16 hours Assembly member Friend noted that Section 5, bullet #2 is a little vague and could be worked on. A. Write -in votes shall not be tallied except: 1. if a person running as a write -in candidate has, at least before 5 p.m. of the day before the election filed a declaration of write -in candidacy on a form provided by the clerk stating that he or she is willing to assume the office if elected and has also filed a completed public officials financial disclosure statement with the borough clerk; and 2. if the total number of write -in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. EXAMPLE: Three seats open, two candidates. \ Are there any candidates who filled out Seat will be filled per declarations of write -in candidacy at least KIBC 2.20.100 before 5 p.m. of the day before the No election ?r (Mayor) KIBC 2.25.060 (Assembly) KIBC 4.15.040 �,. (Service Area Boards) q . 2 Does the total number of write -in votes for an office exceed the smallest number of votes cast for a candidate? Total Votes: John Doe 400 William Smith 300 (smallest) Write -ins 350 (exceeds) The above example would trigger a count of the write -ins. J Historically, the Borough declares a person who received the highest write -in vote tallied as the person who is elected to a vacant seat in a race even though the person has not filed a declaration of write -in candidacy. Generally, what happens is that the Clerk would verify the qualifications of the person elected, locate /contact the person, offer the seat to the person, and ask whether they want to assume or decline the seat. In many instances, we go through this laborious process and the person elected declines to assume the seat, writes a letter of declination, the Assembly declare the seat vacant, the Clerk advertises, and then the Assembly appoints to the "refused /vacated" seat. KIB Section Description of Amendment Section 2 Change of the wording "special needs" to "personal representative ". This is to make the code consistent with the State's. Section 3 Declaration of candidacy. 7.20.030(C5) This is to allow those running for candidacy who cannot obtain notary services to have a postmaster attest their statement of candidacy. This was reviewed by the Attorney in the past and it was found that Alaska Statutes A.S. 44.50.180 allow postmasters to perform the functions of notaries. 7.20.030(E) This will allow candidates to submit their declaration of candidacy by electronic transmission. Section 4 Rules for counting ballots. 7.30.120 (A) Clarifies that this section would only pertain to precincts where the optical scans or other computer -read or electronic ballot counting equipment are not used, or in elections where write -in votes should be tallied. Section 5 Write -in votes. 7.30.125 (A) Historically, the Borough declares a person who received the highest write - in vote tallied as the person who is elected to a vacant seat on a race even though the person has not filed a declaration of write -in candidacy. Generally, what happens is that the Clerk would verify the qualifications of the person elected, locate /contact the person, offer the seat to the person, and ask whether they want to assume or decline the seat. In many instances, we go through this laborious process and the person elected declines to assume the seat, writes a letter of declination, the Assembly would have to declare the seat vacant, the Clerk advertises, and then the Assembly could appoint to the "refused /vacated" seat. This section of the code would eliminate all the unnecessary work cited above. 7.30.125 (B -E) AS 15.15.360 was amended on August 15, 2011, based on the Alaska Supreme Court decision on the Joe Miller v. Mead Treadwell, and Lisa Murkowski. The amendment mandates "the director of elections shall disregard any abbreviation, misspelling, or other minor variation in the form of the name of a candidate if the intention of the voter can be ascertained." Although this has been historically the practice of the canvass board, this amendment would incorporate the language in the borough code in order to solidify the process in allowing minor variations in the spelling of write -in candidate names to be counted for that candidate. Section 6 Receiving Team 7.30.130 Historically, the receiving /counting team tallied write -in votes on the night of the election after receiving all the voted materials from the precinct. In reviewing this process, counting ballots on election night do not produce a result since the votes /tallies still need to be verified by the Canvass Board. This process is redundant since the canvass board would have to go through the work of the counting team and it also makes it a very long day for the receiving team and staff. In checking with the members of the canvass board, they expressed their willingness to assume the duties of counting write -in ballots. \ ~u r' •�i LAWS OF ALASKA ( _ 2011 Source Chapter No. HCS CSSB 31(STA) am H AN ACT Relating to the counting of write -in votes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: THE ACT FOLLOWS ON PAGE 1 Enrolled SB 31 AN ACT 1 Relating to the counting of write -in votes. 2 3 * Section 1. AS 15.15.360 is amended by adding a new subsection to read: 4 (d) Write -in votes shall be counted according to the following rules: 5 (1) writing in the name of a candidate whose name is printed on the 6 ballot does not invalidate a write -in vote unless the director determines, on the basis of 7 other evidence, that the ballot was so marked for the purpose of identifying the ballot; 8 (2) in order to vote for a write -in candidate, the voter must write in the 9 candidate's name in the space provided and fill in the oval opposite the candidate's 10 name in accordance with (a)(1) of this section; 11 (3) a vote for a write -in candidate, other than a write -in vote for 12 governor and lieutenant governor, shall be counted if the oval is filled in for that 13 candidate and if the name of the candidate, as it appears on the write -in declaration of 14 candidacy, or the last name of the candidate is written in the space provided; 15 (4) if the write -in vote is for governor and lieutenant governor, the vote -1- Enrolled SB 31 1 shall be counted if the oval is filled in and the names of the candidates for governor 2 and lieutenant governor, as they appear on the write -in declaration of candidacy, or the 3 last names of the candidates for governor and lieutenant governor, or the name of the 4 candidate for governor, as it appears on the write -in declaration of candidacy, or the 5 last name of the candidate for governor is written in the space provided; 6 (5) in counting votes for a write -in candidate, the director shall 7 disregard any abbreviation, misspelling, or other minor variation in the form of the 8 name of a candidate if the intention of the voter can be ascertained. 9 * Sec. 2. AS 15.15 is amended by adding a new section to read: 10 Sec. 15.15.365. Counting of write -in votes in general election. (a) Write -in 11 votes on a general election ballot shall be counted for a candidate only if the aggregate 12 of all votes cast for all write -in candidates for the particular office is 13 (I) the highest number of votes received by any candidate for the 14 office; or 15 (2) the second highest number of votes received by any candidate and 16 the difference between the total number of votes received by the candidate having the 17 highest number of votes and the aggregate of all votes cast for all write -in candidates 18 for the office is less than the percentage necessary for a recount at the state's cost 19 under AS 15.20.450. 20 (b) Write -in votes that do not meet the requirements of this section may not be 21 individually counted under this section. 22 (c) If the director determines that the requirements of (a) of this section have 23 been met, the director shall establish the date for counting those write -in votes, and the 24 director, or a designee of the director, shall count all write -in ballots under 25 AS 15.15.360(d). 26 (d) This section does not apply to the counting of federal write -in absentee 27 ballots submitted under 42 U.S.C. 1973ff. 28 (e) Write -in ballots shall be counted by the director, or a designee of the 29 director, in a public place at the location where write -in ballots are sent for counting 30 following an election. 31 * Sec. 3. AS 15.15.360(a)(9), 15.15.360(a)(10), 15.15.360(a)(11), and 15.15.360(a)(12) are Enrolled SB 31 -2- I repealed. -3- Enrolled SE 31 In the Supreme Court of the State of Alaska State of Alaska, Division of Elections, ) Gail Fenumiai, in her capacity as ) Director of the Division of Elections, ) and Lisa Murkowski for U.S. Senate, ) ) Supreme Court No. S - 14054 Petitioners, ) v. ) Order ) Alaska Democratic Party and Alaska ) Republican Party, ) ) Respondents. ) ) Trial Court Case # 3AN 10 11621CI Before: Fabe, Winfree, Christen, and Stowers, Justices. [Carpeneti, Chief Justice, not participating.] 1. In preparation for the upcoming November 2, 2010 election, the Division of Elections anticipated a substantial increase in the number of people wanting to vote with write -in ballots. On October 18, 2010, the Division began offering voters a list identifying approved write -in candidates' to voters who appeared at the polls and requested assistance. The list contained the names of the write -in candidates, the candidates' party affiliation, and the candidates' registration status with the Division. To qualify as an approved write -in candidate, the person must file a letter of intent not later than five days before the general election. AS 15.25.105. Ballots marked in support of candidates who do not meet this requirement may not be counted. AS 15.25.105. The Division's list included only those candidates who had met the necessary requirements; it was updated whenever additional individuals filed a letter of intent within the appropriate deadline. Stale v. Alaska Democratic Party Supreme Court Case No. S -14054 Order of 10/29/10 Page 2 The list was only provided to those voters who explicitly requested help with write -in voting "beyond the basic assistance provided by the simple instructional poster," including voters who asked how to spell the name of the candidate for whom the voter wished to cast a ballot. 2. On October 27, 2010, at the request of the Alaska Democratic Party, joined by the Alaska Republican Party, the superior court entered a restraining order prohibiting the Division from providing a list of write -in candidates to voters requesting assistance at the polls. The Division filed an emergency motion for stay, a petition for review, and a motion for expedited consideration. To avoid disruption at the polls, we stayed the superior court's order, granted expedited consideration of the Division's petition for review of the restraining order, and received additional information and argument from the parties? We now grant the Division's petition for review and issue this brief order to provide guidance regarding the appropriate use of the "write -in candidate list" for the 2010 general election. 3. The legislature provided in AS 15.15.240 that, if a voter requests assistance, the Division "shall assist the voter. " But 6 AAC 25.070(b) adopted by the We acknowledge the efforts of the parties and amicus curiae Alaska Federation of Natives in presenting this briefing and oral argument to us in such expeditious fashion. In an earlier form, AS 15.15.240 required that, "A qualified voter who cannot read, mark the ballot, or sign the voter's name may request an election judge, a person, or not more than two persons of the voter's choice to assist." (Emphasis added.) But in 2000, the Alaska State Legislature amended AS 15.15.240 by removing the phrase 2 State v. Alaska Democratic Party Supreme Court Case No. S -14054 Order of 10/29/10 Page 3 Division, provides that "[i]nformation regarding a write -in candidate may not be discussed, exhibited, or provided at the polling place, or within 200 feet of any entrance to the polling place, on election day." The Division asserts that it has authority to provide a list of write -in candidates and their party affiliations under its statutory obligation to assist voters. The Alaska Democratic Party and the Alaska Republican Party respond that the Division's decision violates the regulation. 4. The decision we reach today is informed by our previous cases regarding the importance of facilitating voter intent. "[W]e have consistently emphasized the importance of voter intent" because the "opportunity to freely cast [one's] ballot" is fundamental "The right to vote encompasses the right to express one's opinion and is a way to declare one's full membership in the political community "who cannot read, mark the ballot, or sign the voter's name" and replaced it with the broader phrase "needing assistance in voting." Thus, AS 15.15.240 now reads, "A qualified voter needing assistance in voting may request an election official, a person, or not more than two persons of the voter's choice to assist." Qualified voters requiring assistance may include those covered by the old version of the statute, those "who cannot read, mark the ballot, or sign the voter's name," but they also include voters who require assistance for other reasons. Edgmon v. State, Div. of Elections, 152 P.3d 1154, 1 157 (Alaska 2007); see also Sonneman v. State, 969 P.2d 632, 636 -37 (Alaska 1998) ( "[T]he right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil rights, any alleged infringement of the right of the citizens to vote must be carefully and meticulously scrutinized. "); Carr v. Thomas, 586 P.2d 622, 626 (Alaska 1978) ( "In the absence of fraud, election statutes will be liberally construed to guarantee to the elector an opportunity to freely cast his ballot, to prevent his disenfranchisement, and to uphold the will of the electorate. "). 3 State v. Alaska Democratic Party Supreme Court Case No. S -14054 Order of 10/29/10 Page 4 . . a true democracy must seek to make each citizen's vote as meaningful as every other vote to ensure the equality of all people under the law. " 5. The legislature's statutory mandate that the Division assist voters who request assistance is paramount. Our decisions have consistently held that when a regulation conflicts with a statutory requirement, "it is the regulation that must yield. " And we have consistently held that we should "defer to an agency's interpretation of a statute if undefined or ambiguous terms appear in the statute. "' Regarding regulations we have held, "[w]here an agency interprets its own regulation ... a deferential standard of review properly recognizes that the agency is best able to discern its intent in promulgating the regulation at issue. " 6. We recognize there are myriad reasons why a qualified voter in Alaska may require assistance casting a write -in ballot. Some voters require assistance for medical difficulties or conditions that make spelling or memory recall difficult. Some voters suffer from learning disabilities that interfere with word retrieval, such as aphasia 5 Dansereau v. Ulmer, 903 P.2d 555, 559 (Alaska 1995). 6 Bradshaw v. State, Dep't ofAdmin., Div. of Motor Vehicles, 224 P.3d 118, 122 (Alaska 2010). ' Id. 8 Alaska State Emps. Assoc. /AFSCME Local 52, AFL -CIO v. State, 990 P.2d 14, 19 (Alaska 1999). 4 Stale v. Alaska Democratic Party Supreme Court Case No. S -14054 Order of 10/29/10 Page 5 and dyslexia.' Further, some voters may need assistance remembering or spelling the name of a candidate due to conditions impacting their memory or comprehension, including stroke victims who may have word retrieval problems. Other qualified voters may need assistance spelling the name of a candidate for a variety of reasons, including language barriers. Providing the proper spelling of names written in English could assist those voters who want to vote for a particular candidate and need assistance in ensuring that they write the candidate's name correctly. 7. We conclude that when a voter requests assistance in casting a write - in vote and that request for assistance cannot be addressed by the posted general instructions for completing a write -in ballot,' the assistance provided to the voter must Aphasia is defined as a defect or loss of the power of expression by speech, writing, or signs, or of comprehending spoken or written language, due to injury or disease of the brain. DORLAND'S ILLUSTRATED MEDICAL DICTIONARY 105 (28th ed.1994). Dyslexia is defined as the inability to read, spell, and write words, despite the ability to see and recognize letters. Id. at 516. "' There are twenty different Native Alaskan languages still spoken in Alaska: Aleut, Alutiiq, Inupiaq, Central Yup'ik, Siberian Yup'ik, Tsimshian, Haida, Tlingit, Eyak, Ahtna, Dena' ina, Deg Hit'an, Holikachuk, Upper Kuskokwim, Koyukon, Tanana, Tanacross, Upper Tanana, Gwich'in and Han. U.S. Census Bureau, Table 4. Languages Spoken at Home and Ability to Speak English for the Population 5 Years and Over by State (2000) (available at http: / /www. census. gov / population /cen2000 /phc- t20 /tab04.pdf). In addition, the 2000 Census reports that 82,758 Alaskans "speak a language other than English at home," and of those 30,842 "do not speak English very well." 6 AAC 25.070(d) provides that "[ijnstructions for indicating a write -in choice will be posted in each polling place ...." 5 Stale v Alaska Democratic Party Supreme Court Case No. 5 -14054 Order of 10/29/10 Page 6 be related to and commensurate with the voter's request. The Division may provide the list only when its use is tailored to address a voter's request for specific assistance. There will be some circumstances where providing the list will not be necessary to address a voter's request for assistance and other circumstances where providing the list will be necessary to address a voter's request for assistance. For example, if a voter requested the correct spelling of a specified registered write -in candidate's name, it would be unnecessary to provide the entire list to that voter in order to provide the requested spelling assistance. 8. We do agree with the Alaska Democratic Party and Alaska Republican Party that providing information about a write -in candidate's party affiliation is prohibited because party affiliation is "information regarding" a write -in candidate that is not necessary to address a voter's request for assistance. Thus we reiterate our previous order that the "write -in candidate list" shall not include any information other than the write -in candidates' names. 9. We vacate our previous order requiring the Division to mark and segregate ballots cast by voters who use the "write -in candidate list." Entered at the direction of the court. Clerk of the Appellate Courts Marilyn M 6 State v. Alaska Democratic Party Supreme Court Case No. S -14054 Order of 10/29/10 Page 7 cc: Supreme Court Justices Judge Pfiffner Trial Court Clerk - Anchorage Distribution (phone, fax, & email): Margaret Paton Walsh Assistant Attorney General 1031 West Fourth Avenue Suite 200 Anchorage AK 9950] Thomas M Daniel Perkins Coie 1029 West 3rd Avenue Suite 300 Anchorage AK 99501 Scott Kendall Holmes, Weddle & Barcott, PC 701 West 8th Ave Suite 700 Anchorage AK 99501 Kenneth C Kirk Kenneth Kirk & Associates 425 G Street Suite 204 Anchorage AK 9950] Thomas P Amodio Amodio Stanley & Reeves LLC 500 L Street Suite 300 Anchorage AK 99501 7 Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264 -0608, fax (907) 264 -0878, e -mail corrections@appellate.courts.state.ak.us. THE SUPREME COURT OF THE STATE OF ALASKA JOE MILLER, ) ) Supreme Court No. S -14112 Appellant, ) ) Superior Court No. v. ) 1JU- 10- 01007CI ) MEAD TREADWELL, in his official ) OPINION capacity as Lieutenant Governor, ) STATE OF ALASKA, DIVISION ) No. 6532 — December 22, 2010 OF ELECTIONS, and LISA ) MURKOWSKI, ) Appellees. ) ) ) LISA MURKOWSKI, ) Supreme Court No. S -14121 ) Cross - Appellant, ) v. ) ) JOE MILLER, MEAD TREAD WELL, ) in his official capacity as Lieutenant ) Governor, STATE OF ALASKA, ) DIVISION OF ELECTIONS, ) ) Cross - Appellees. ) ) ) Appeal from the Superior Court of the State of Alaska, First Judicial District, Juneau, William B. Carey, Judge. Appearances: Thomas V. Van Flein, Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC, Anchorage, and Michael T. Morley, pro hac vice, Washington, D.C., for Appellant and Cross - Appellee Miller. Joanne M. Grace and Laura F. Fox, Assistant Attorneys General, Anchorage, and Richard A. Svobodny, Acting Attorney General, Juneau, for Appellees and Cross - Appellees Treadwell and State of Alaska, Division of Elections. Timothy A. McKeever and Scott M. Kendall, Holmes Weddle & Barcott, Anchorage, for Appellee and Cross - Appellant Murkowski. Thomas P. Amodio, Reeves & Amodio, LLC, Anchorage, for Amicus Curiae Alaska Federation of Natives. Before: Carpeneti, Chief Justice, Fabe, Winfree, and Christen, Justices. [Stowers, Justice, not participating.] PER CURIAM. I. Introduction This case presents several issues of constitutional and statutory interpretation that arise from the count of votes following the 2010 election for one of Alaska's two seats in the United States Senate. Two of the contestants for that seat — Joe Miller, the Republican nominee, and Senator Lisa Murkowski, running as a write -in candidate — are parties to the lawsuit. Without seeking a recount, Miller filed suit in superior court challenging several decisions of the Alaska Division of Elections in counting the votes. Murkowski intervened, challenging other vote - counting decisions of the Division. Superior Court Judge William B. Carey upheld the Division's actions. Miller appeals, and Murkowski cross - appeals. II. Longstanding Alaska Election Principles In resolving the questions presented by the parties, we are governed by a number of longstanding principles that we have consistently applied to election issues in Alaska over the past 50 years. -2- 6532 We start with the bedrock principle that "[t]he right of the citizen[s] to cast [their] ballot[s] and thus participate in the selection of those who control [their] government is one of the fundamental prerogatives of citizenship. "' The right to vote "is fundamental to our concept of democratic government. " "[It] encompasses the [voter's] right to express [the voter's] opinion and is a way to declare [the voter's] full membership in the political community.i We articulated this principle over three decades ago in Carr v. Thomas, recognizing the profound importance of citizens' rights to select their leaders and noting that "[c]ourts are reluctant to permit a wholesale disfranchisement of qualified electors through no fault of their own. " In reviewing and interpreting election statutes, we have uniformly held that "[w]here any reasonable construction of [a] statute can be found which will avoid such a result, the courts should and will favor it. " We have applied this principle throughout the years because we recognize that the right to vote is key to participatory democracy. Guided by this polar principle, we declared in Edgmon v. State, Office of the Lieutenant Governor, Division of Elections that "the voter shall not be disenfranchised because of mere mistake, but [the Carr v. Thomas, 586 P.2d 622, 626 (Alaska 1978) (quoting Sanchez v. Bravo, 251 S.W.2d 935, 938 (Tex. Civ. App. 1952)). 2 Dansereau v. Ulmer, 903 P.2d 555, 559 (Alaska 1995). The United States Supreme Court recognized the principle that voting is a fundamental right, emphasizing: "When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter." Bush v. Gore, 531 U.S. 98, 104 (2000). 3 Dansereau, 903 P.2d at 559. 4 Carr, 586 P.2d at 626. 5 Id. (quoting Reese v. Dempsey, 153 P.2d 127, 132 (N.M. 1944)). -3- 6532 voter's] intention shall prevail.i Most recently, in State, Division of Elections v. Alaska Democratic Party, we noted that "[w]e have consistently emphasized the importance of voter intent because the opportunity to freely cast [one's] ballot is fundamental. "' It is in light of our consistent application of these cardinal principles that we examine the issues presented in this case. III. Voter Intent Is Paramount, And Any Misspelling, Abbreviation, Or Other Minor Variation In The Form Of The Candidate's Name On A Write -In Ballot Does Not Invalidate A Ballot So Long As The Intention Of The Voter Can Be Ascertained. Joe Miller seeks an interpretation of election statute AS 15.15.360 that would disqualify any write -in votes that misspell the candidate's name. We do not interpret the statute to require perfection in the manner that the candidate's name is written on the ballot. Our prior decisions clearly hold that a voter's intention is paramount.' In light of our strong and consistently applied policy of construing statutes in order to effectuate voter intent, we hold that abbreviations, misspellings, or other minor variations in the form of the name of a candidate will be disregarded in determining the validity of the ballot, so long as the intention of the voter can be ascertained. Miller points to language in AS 15.15.360(a)(11) providing that "[a] vote for a write -in candidate ... shall be counted if the oval is filled in for that candidate and if the name, as it appears on the write -in declaration of candidacy, of the candidate or the 6 152 P.3d 1154, 1157 (Alaska 2007) (internal citations and quotations omitted). ' Case No. S- 14054, Order dated Oct. 29, 2010 at 3 (internal citations omitted). ' Edgmon, 152 P.3d at 1157 ( "[W]e have consistently emphasized the importance of voter intent in ballot disputes. "). -4- 6532 last name of the candidate is written in the space provided." He argues that this subsection, read in the context of other provisions of the statute, requires that a write -in candidate's name be written and spelled perfectly, even if the voter's intent to vote for a particular candidate can be readily ascertained. But when read as a whole, AS 15.15.360's purpose is inclusive, not exclusive; it is designed to ensure that ballots are counted, not excluded. And this inclusiveness is consistent with the overarching purpose of an election: "to ascertain the public will.s Miller urges that only his interpretation of the statute will "preserv[e] the integrity of the electoral process as a whole." But it is Miller's interpretation of the statute that would erode the integrity of the election system, because it would result in disenfranchisement of some voters and ultimately rejection of election results that constitute the will of the people. We have consistently construed election statutes in favor of voter enfranchisement. Turning to the language of subsection (a)(11), it is evident that it does not require exact spelling. We agree with the State that subsection (a)(11) concerns pseudonyms. The "nickname" field on the declaration of candidacy form supports this interpretation. If that field were not present, a candidate with a pseudonym might write only his or her legal name on the form, thus invalidating ballots with the candidate's pseudonym written in. The "nickname" field allows a candidate to ensure that his or 9 Boucher v. Bomhoff, 495 P.2d 77, 79 (Alaska 1972) (internal quotations and citation omitted). 1° Compare AS 15.15.360(11) (requiring write -in vote to include "name, as it appears on the write -in declaration of candidacy, of the candidate or the last name of the candidate "), with AS 15.15.030(4) (allowing the Director, in placing names on the ballot, to "include in the candidate's name any nickname or familiar form of a proper name of the candidate "). -5- 6532 her pseudonym "appears on the write -in declaration of candidacy "" so that the write -in votes listing that pseudonym will count. Thus, the word "appears" relates to a pseudonym's possible presence on the ballot, not the particular form of the vote, and demonstrates that the statute is inclusive— it is designed to include, rather than exclude, votes. As we have recognized, "a true democracy must seek to make each citizen's vote as meaningful as every other vote to ensure the equality of all people under the law."' In order to ensure that each citizen's vote is as meaningful as every other vote, we must interpret the election statute to preserve a voter's clear choice rather than to disenfranchise that voter. The State characterizes the standard urged by Miller as the "perfection standard," and we agree that such a standard would tend to disenfranchise many Alaskans on the basis of "technical errors.s Alaskan voters arrive at their polling places with a vast array of backgrounds and capabilities. Some Alaskans were not raised with English as their first language. Some Alaskans who speak English do not write it as well. Some Alaskans have physical or learning disabilities that hinder their ability to write clearly or spell correctly. Yet none of these issues should take away a voter's right to decide which candidate to elect to govern. We must construe the statute's language in light of the " AS 15.15.360(a)(11). " Dansereau v. Ulmer, 903 P.2d 555, 559 (Alaska 1995); see also Bush v. Gore, 531 U.S. 98, 104 -05 (2000) ( "Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. "). 13 See Carr v. Thomas, 586 P.2d 622, 625 -26 (Alaska 1978) ( "There is well - established policy which favors upholding of elections when technical errors or irregularities arise in carrying out directory provisions which do not affect the result of an election. "). -6- 6532 purpose of preserving a voter's choice rather than ignoring it. As we have consistently ruled, we remain "reluctant to permit a wholesale disfranchisement of qualified electors through no fault of their own, and [w]here any reasonable construction of the statute can be found which will avoid such a result, [we] should and will favor it.' " Our interpretation of AS 15.15.360 permitting abbreviations, misspellings, or other minor variations in the form of the name of a write -in candidate so long as the intention of the voter can be ascertained is also consistent with the federally mandated standard for counting the write -in votes of those voters living or serving in uniform overseas. The Uniformed and Overseas Citizens Absentee Voting Act provides that in counting the ballot of a uniformed services voter or other voter who is overseas, "[a]ny abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. " The Alaska Administrative Code incorporates this requirement into state law. Miller's proposed construction of the statute would require us to impose a different, and more rigorous, voting standard on domestic Alaskans than on those who are serving in the military or living abroad. Our construction of AS 15.15.360 treats overseas and domestic Alaskan voters equally, 14 Id. at 626 (quoting Reese v. Dempsey, 153 P.2d 127, 132 (N.M. 1944)). 15 42 U.S.C. § 1973ff- 2(c)(3) (2006). 16 See 6 Alaska Administrative Code (AAC) 25.670(b) (2010) ( "Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or political party will be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. "). We do not reach the question as to whether any provisions of federal law might conflict with relevant portions of the Alaska Administrative Code, as it is not presented here. - 7 - 6532 ensures that each write -in vote is treated equally and counted in the same manner, and avoids valuing one person's vote over that of another." Finally, Miller suggests that our interpretation of AS 15.15.360 will lead to elections being decided by the unbridled discretion of election officials in determining voters' intent through visual inspection of write -in ballots. But Miller concedes that other states use the same standard for counting write -in ballots and that Congress has mandated that standard. We see no basis for Miller to argue that the application of the standard in this election violates equal protection under either the state or federal constitution. First, only one person, the Division's Director, made the initial determinations whether write -in ballots demonstrated voter intent for a particular candidate; this avoids any constitutional infirmities that might arise from different reviewers applying the standard differently. Second, the initial election results are subject to the Director's review during a recount. And, of course, the Director's final determinations are subject to judicial review. We affirm the decision of the superior court on this issue. IV. The Manual Count Of Write -In Votes Complied With Alaska Law And Did Not Violate Miller's Right To Equal Protection. Miller alleges that the Division's procedure to manually count the write -in votes violated 6 AAC 25.085. He argues that this regulation requires the Division to manually examine and count only the write -in ballots the optical scanners had first 17 Cf. Bush, 531 U.S. at 104 -09. 18 Cf id. 19 See AS 15.20.480. 20 See AS 15.20.510. -8- 6532 validated. Miller claims that his interpretation of 6 AAC 25.085 would best "facilitate fairness" under AS 15.15.030. Neither this regulation nor the statute Miller cites requires a particular procedure for counting write -in votes. Alaska Statute 15.15.030 addresses ballot preparation. It directs that ballots must be prepared "to facilitate fairness, simplicity, and clarity in the voting procedure "; it does not apply to the method used to conduct a count of write -in votes. In addition, Miller's contention that the Division should have manually counted only those write -in ballots that were first validated by the optical scanner ignores the State's uncontested showing that the optical scanner neither sorts nor segregates ballots. The machine merely counts filled -in ovals indicating a vote for those candidates whose names appear on pre - printed ballots and for the "write -in" category. It is possible to quantify the number of ballots that an optical scanner deems invalid, but these ballots are not segregated by the machine. Because the optical scanner counted a sufficient number of ballots for the "write -in" category in this election, it was necessary for the Division to conduct a manual count of the write -in ballots to determine for which candidates the write -in ballots had been cast. Miller impliedly raises an equal protection argument under Bush v. Gore, claiming that Division workers counted more write -in ballots than the optical scanner because they used a more lenient standard than the scanner. But there is no factual 21 See 6 AAC 25.085(b). 22 531 U.S. at 104 -10. 23 The optical scanner detected 102,252 write -in votes. From all of the ballots cast in the election, the Division workers manually sorted out 103,805 ballots cast for a "write -in" candidate. From that total, the Division determined that 101,088 ballots were cast for Lisa Murkowski; 92,929 were unchallenged and 8,159 were challenged but counted. -9- 6532 dispute that the Division workers looked at every ballot cast in the election to segregate the total ballots cast for "write -in" candidates. In an affidavit to the superior court, Division Director Gail Fenumiai explained the three -step procedure as follows. First, "all the ballots cast in the election were sorted by 30 election board workers who worked in 15 teams of two." They sorted the ballots into five categories: (1) ballots on which the oval was marked correctly next to a candidate's name that was printed on the ballot; (2) ballots on which no oval was marked for U.S. Senate, more than one oval was marked for that race, or a name was written in but the oval was unmarked; (3) ballots on which the write -in oval was marked and the written name was "Lisa Murkowski" or "Murkowski," spelled correctly, and the ballot was not challenged by any observer; (4) ballots on which the write -in oval was marked and the name written appeared to be a variation or misspelling of Lisa Murkowski or Murkowski; this category also included any ballot challenged by an observer in the sorting process; (5) ballots on which the write -in oval was marked and the name written in was not "Murkowski," "Lisa Murkowski," or a variation thereof. Significantly, the candidates had observers present who could challenge the category into which every ballot was sorted. The Division instructed the workers who conducted the initial sort of the ballots not to proceed unless observers were present at the table from both the Miller and Murkowski campaigns. After the ballots were sorted, the Director personally examined the ballots in category four — ballots on which ovals had been filled in but the handwritten name was a variation or misspelling of "Lisa Murkowski" and other ballots challenged during -10- 6532 the sorting process — to determine voter intent. The Director examined the ballots that were challenged because they contained misspellings of "Lisa Murkowski" or for any other reason. She permitted write -in ballots containing "minor misspellings and phonetic variations of `Murkowski' to be counted for Lisa Murkowski when [she] determined that the voter clearly intended to vote for that candidate." The Director placed the ballots into one of two envelopes: "challenged counted" or "challenged not counted." If the Director's decision regarding voter intent was not challenged, the ballot was placed in category three (write -in, oval filled, Lisa Murkowski properly spelled, not challenged) or category five (write -in, oval filled, a candidate other than Murkowski), depending on whether the Director decided to count it for Murkowski. The Director examined ballots in category two in which no oval was filled in for the U.S. Senate race, and those ballots were not counted for any candidate. This was true of ballots on which voters spelled "Lisa Murkowski" correctly but failed to fill in the oval. The Director also examined "over -voted ballotsi in category two to determine voter intent. As Director Fenumiai explained: 1) I did not count ballots that had no oval filled in for the U.S. Senate race, even if a name was written in. 2) If a ballot had two ovals filled in for the U.S. Senate race, I examined the ballot to see where the ovals appeared. If the voter had filled in the oval by the name of a candidate printed on the ballot and also by the write -in choice, I counted the ballot if the voter wrote in the name of the same candidate. This is how Joe Miller received many of his 20 write -in votes. I also counted ballots with two ovals marked 24 The Director was the only person who made the final decision regarding voter intent. Given this protocol, we see no basis for any concern that inconsistent standards were used to determine the validity of ballots cast in this election. 25 This refers to a ballot with more than one oval filled in. -11- 6532 J • when it was clear that the voter crossed out one of the ovals. I did this regardless of whether the voter expresses an intent to vote for a write -in candidate or for a candidate whose name was printed on the ballot. Otherwise, I did not add the ballot to the count. 3) The candidates' observers were able to challenge all of these determinations. As a result of this process, each candidate's vote tally was increased. The write -in vote count yielded the following tallies: Lisa Murkowski, unchallenged 92,929 Lisa Murkowski, challenged, counted 8,159 Total counted for Lisa Murkowski 101,088 Lisa Murkowski, challenged, not counted 2,016 Joe Miller 20 Scott McAdams 8 Other registered write -in candidates 53 Other miscellaneous names 620 Total write -in votes 103,805 The total number of write -in votes identified by the Division workers was 103,805 but the optical scanner detected 102,252. Miller claims that because the total write -in votes from the manual count - 103,805 — was higher than the number of write - in votes detected by the optical scanner, the workers must have applied "more lenient standards" that unfairly advantaged Murkowski. He claims that "it is unclear how many additional votes Joe Miller, or any other preprinted candidate, would have gained, had those same standards been applied to all the ballots in the election." But having carefully examined the record in this case, we conclude that the record does not support Miller's contention that ballots in category two were treated differently depending on whether they were cast for candidates whose names were pre - printed on the ballot. Observers -12- 6532 working on Miller's behalf had the opportunity to challenge the sorting of every ballot cast in the election, and every category-two ballot was individually examined, as were the ballots in category four. In addition, only one individual — the Director of the Division — looked at all of the ballots containing anomalies, including both over -votes and 'under- votes. We fail to see how having one person examine all overcount, undercount, and write -in ballots and all ballots challenged by either candidate is not a uniform standard. Finally, the Director's examination resulted in additional votes for both Miller and Democratic nominee Scott McAdams, as well as Murkowski. Because the Division applied the methodology described above to every precinct, we conclude that the Division's methodology gave all of the ballots — as well as all of the candidates — equal treatment. For these reasons, we affirm the decision of the superior court on this issue. 26 W observe that even if Miller had demonstrated that the Division was more lenient in the threshold it used to validate votes than the optical scanner, the difference he cites would not have changed the outcome of this election. The optical scanners deemed a total of 2,882 votes for the U.S. Senate race to be invalid. But the Division shows that the number of votes rejected by the optical scanner that could have been cast in Miller's favor is much smaller. The Division begins with the total number of ballots cast in this election (258,746) and subtracts the total number of votes cast for candidates on the pre - printed ballot (153,579) and the total number of write -in votes it identified in its manual tally (103,805). The difference (258,746 - 257,384 = 1,362) is the Division's calculation of the number of votes rejected by the scanners that could have been cast in Miller's favor. -13- 6532 • V. The Division's Vote - Counting Procedures Are Not Regulations. Miller argues that the Division's write -in vote - counting methodology is a regulation, or set of regulations, that should have been enacted pursuant to the Administrative Procedure Act (APA) 2 We disagree. The APA requires advance notice of a regulation before it can be applied in agency interactions with the public. Common sense statutory interpretations by agencies do not require regulations. By contrast, if a statutory interpretation is "expansive or unforeseeable," the agency may be required to promulgate its interpretation through a regulation. The Division's statutory interpretations of AS 15.15.360 and 6 AAC 25.085 were common sense interpretations and were not required to be promulgated in regulations. We have previously noted that "[n]early every agency action is based, implicitly or explicitly, on an interpretation of a statute or regulation authorizing it to act. A requirement that each such interpretation be preceded by rulemaking would result in complete ossification of the regulatory state.s We decline to depart from our previous decisions, and conclude that the Division did not violate the APA. Accordingly, we affirm the decision of the superior court on this issue. 27 AS 44.62.010 et seq. 28 AS 44.62.190. 29 See Squires v. Alaska Bd. of Architects, Eng 'rs & Land Surveyors, 205 P.3d 326, 334 -35 (Alaska 2009); Alyeska Pipeline Serv. Co. v. State, Dep 't of Envtl. Conservation, 145 P.3d 561, 573 (Alaska 2006); Alaska Ctr. for the Env 't v. State, Office of the Governor, Office of Mgmt. & Budget, Div. of Gov't Coordination, 80 P.3d 231, 243 -44 (Alaska 2003). J0 Alyeska Pipeline, 145 P.3d at 573. 31 Id. -14- 6532 VI. We Affirm The Dismissal Of Miller's Claims For Invalidation Of Two Categories Of Votes: (1) Votes Allegedly Cast By Voters Whose Identities Had Not Been Confirmed, And (2) Write -In Votes Allegedly Cast By The Same Person(s) On Multiple Ballots. A. Overview This case comes to us under unusual circumstances. The election was held on November 2, 2010. Without seeking a statutorily available vote recount by the Division' or filing a lawsuit in state court to contest the election," on November 9 Miller filed a federal court lawsuit. Miller sought declaratory and injunctive relief (1) stopping the Division from certifying the election results in favor of Murkowski, and (2) directing the Division to follow his interpretation of AS 15.15.360 by invalidating write -in votes "in which a candidate's name is misspelled or is not written on the ballot as it appears on the candidate's write -in declaration of candidacy." On November 19 the federal court issued an injunction against certification, conditioned on Miller's filing a state court lawsuit by November 22 to resolve the disputed interpretation of AS 15.15.360. Miller filed suit in superior court on November 22, seeking not only declaratory and injunctive relief regarding the interpretation of AS 15.15.360, but also regarding: alleged disparate treatment of ballots, violation of other election statutes, the validity of the Division's write -in vote - counting methodology under the Administrative Procedure Act, the validity of classes of votes the Division counted, and the validity of the election results. Murkowski intervened in Miller's lawsuit, asking for declaratory and injunctive relief regarding the interpretation of election statutes, as well as challenging the validity of two classes of votes not counted by the Division. After expediting the proceedings, on December 10, 2010, Superior Court Judge William B. 32 See AS 15.20.430 —.530. " See AS 15.20.540 —.560. -15- 6532 Carey upheld all of the Division's disputed actions, treating some claims as pure declaratory judgment requests and treating other claims as an election contest under AS 15.20.540. It may be that certain legal issues could properly be brought to us pre- election or during an election with appropriate requests for declaratory and even injunctive relief. But the legislature has created two specific legal proceedings for election challenges that would normally apply to many of the issues in this case — an election contest and a recount appea1. And as we have noted, "an election contest and a recount appeal are distinct proceedings. " An election contest is authorized by AS 15.20.540, which provides that "a contest of the election as a whole" is heard first by the superior court 3 An election contestant must show "malconduct, fraud, or corruption on the part of an election official sufficient to change the result of the election" or "any corrupt practice as defined by law sufficient to change the results of the election. " By contrast, AS 15.20.510 provides for a recount appeal directly to our court to challenge the Director's decisions to count or not count votes during a recount of an election for, among other offices, the United States Senate. We have noted that 34 See Willis v. Thomas, 600 P.2d 1079, 1081 (Alaska 1979) (identifying, describing, and comparing the two legal proceedings). 35 Id. 36 Id.; see also AS 15.20.550 (providing for superior court's original jurisdiction). 37 AS 15.20.540. 38 AS 15.20.510 provides, in relevant part: "A candidate ... who requested a recount who has reason to believe an error has been made in the recount ... involving (continued...) -16- 6532 "the inquiry in a recount appeal is whether specific votes or classes of votes were properly counted or rejected. " Our review comes only after the Director "review[s] all ballots ... to determine which ballots, or part of ballots, were properly marked and which ballots are to be counted in the recount[.] " Issues we have considered in a recount appeal "include the validity of punch cards and a variety of marks on ballots, the proper procedures for absentee voting and consequences for failure to follow those procedures, and registration requirements."' With this legal framework in mind, we consider Miller's claims that two classes of votes should not be counted. B. Multiple write -in ballots cast by the same person(s) Miller alleged in his complaint that the Division accepted and counted as valid "write -in votes in which the candidate's name apparently was not written on the ballot by the voter" in violation of AS 15.15.360(a)(10), which provides that "the voter" must write in the candidate's name. In its summary judgment motion, the State noted 38 (...continued) candidates for ... Congress ... may appeal to the supreme court ...." 39 Willis, 600 P.2d at 1081. 40 AS 15.20.480. 41 Cissna v. Stout, 931 P.2d 363, 367 (Alaska 1996). Miller's claim for declaratory judgment regarding the interpretation of AS 15.15.360 can easily be seen as in the nature of a recount appeal that should not be properly before us. Given the unusual circumstances of this case, we nonetheless chose to decide the legal issues raised regarding Alaska election statutes and regulations. 42 Under Alaska Civil Rule 56(c), summary judgment may be granted without trial if there are no genuine issues of fact and a party is entitled to judgment as a matter of law. -17- 6532 that under AS 15.15.240 voters "can delegate that authority [to vote] to others — election officials or friends or family members — if they need assistance in writing in the name of a candidate.s The State argued that Miller's claim was in the nature of an election contest and that he would have to present some evidence of both (1) improper conduct on the part of someone and (2) an indication that any such wrongful conduct was sufficient to affect the election's outcome. Miller submitted affidavits from observers of the ballot count attesting that in some precincts many write -in ballots appeared to have been written in similar handwriting. He argued that this evidence was "sufficiently suspicious that it legitimately raises the specter of voter fraud or other electoral improprieties." (This argument reflects that he considered his claim to be an election contest claim under AS 15.20.540, because misconduct is not an element of a recount appeal. He also argued that this evidence was sufficient to entitle him to further time for discovery regarding the identity of the people who completed the ballots, whether voters had actually requested assistance, why only a few people apparently filled in many ballots, and the total number of ballots that might have been affected. The superior court denied Miller's request for discovery and granted the State's motion for summary judgment, noting that the admissible portions of Miller's 43 AS 15.15.240 provides, in relevant part, that "[a] qualified voter needing assistance in voting may request an election official, a person, or not more than two persons of the voter's choice to assist." 44 Willis, 600 P.2d at 1081 ( "[I]n a recount appeal ... [t]he concept of malconduct does not enter into the question[.] "). 45 Alaska Civil Rule 56(f) allows the superior court broad discretion to grant a party sufficient time to conduct discovery before opposing a summary judgment motion if the party is unable to marshal evidence in the time normally required to oppose the motion. -18- 6532 evidence did not create a genuine issue of material fact regarding misconduct by anyone, and that it was not even sufficient circumstantial evidence to warrant discovery before opposing the summary judgment motion. We agree. Alaska Statute 15.15.240 allows any qualified voter to ask for assistance, including assistance in writing in the name of a write -in candidate. No reasonable inference of misconduct can arise from the mere fact that the handwriting on multiple ballots appears to be from a small number of people. And though we have interpreted Civil Rule 56(f) liberally to allow a litigant a meaningful opportunity to obtain evidence to present a case, pure speculation cannot support a fishing expedition for evidence to oppose summary judgment in an election contest. We affirm the superior court's summary dismissal of this election contest claim. C. Ballots cast by allegedly unidentified voters Miller alleged in his complaint that the Division accepted and counted as valid ballots from voters who, "according to the official election registers from the precinct polling places, ... neither showed proper identification nor were excused from showing such identification." He noted that Alaska law requires a voter to show identification before being allowed to vote, unless an election official waives that requirement because the voter is known to the official. In its motion for summary judgment, the State explained that although the voter registers contain spaces for election officials to specify how they verified each voter's identity, there is no statutory or regulatory requirement that the election officials 46 E.g., Kessey v. Frontier Lodge, Inc., 42 P.3d 1060, 1062 (Alaska 2002) ( "Generally, `requests made pursuant to Rule 56(f) should be freely granted[.]' " (quoting Jennings v. State, 566 P.2d 1304, 1313 (Alaska 1997))); Gamble v. Northstore P'ship, 907 P.2d 477, 485 (Alaska 1995); Munn v. Bristol Bay Hous. Auth., 777 P.2d 188, 193 (Alaska 1989). 47 See AS 15.15.225. -19- 6532 actually fill in this information. Construing Miller's claim as an election contest, the State argued that Miller would have to produce some evidence both (1) that misconduct by election officials actually allowed unregistered persons to vote and (2) that the number of votes in question would affect the outcome of the election. Miller responded that he was not bringing an election contest on this issue, but rather was "contesting the validity of particular ballots." He argued that the failure of election officials to mark the register form for some voters was circumstantial evidence that "certain people may have voted without showing identification or being personally known to an election worker" and that he needed discovery to determine who they were. The superior court treated this claim as an election contest, denied Miller's request for discovery, and granted summary judgment in favor of the State. The court noted that there is no requirement that election workers fill out the register, that the failure to fill out the register did not create a reasonable inference of misconduct by election officials, and that there was no legitimate basis for the requested discovery based solely on the failure to fill out some of the registers. But Miller did not raise his claim as an election contest within the jurisdiction of the superior court. He instead raised a challenge to "the validity of particular ballots," which is in the nature of a recount appeal that would come directly to us. But he also did not ask for a recount and there is no recount decision about the validity of particular ballots for us to review. Miller cannot avoid the avenues established by the legislature to challenge elections: Miller asserted in the superior court that he did not bring an election contest, and he did not seek a recount by the Division. The only possible issue before us, then, is an issue not decided by the superior court: whether Miller is entitled to a judgment declaring that an entire class of ballots — those from voters for whom election officials did not mark on their registers how the officials verified the voters' identification is invalid. He is not entitled to such a judgment. -20- 6532 We affirm the superior court's dismissal of the claim because there is no legal requirement that an election official mark the register form for identification verification and the failure to do so does not invalidate a vote. VII. We Do Not Reach Questions Regarding Miller's Motion To Amend His Complaint To Add Claims About Alleged Voting By Felons. During the summary judgment briefing, Miller raised a new claim that an unknown number of felons ineligible to vote had actually voted in the election. This claim was discussed at oral argument before the superior court on the summary judgment issues. Shortly after the oral argument, Miller sought leave to file an amended complaint setting out this claim. The superior court issued its order on summary judgment without ruling on the motion to amend. In light of the expedited nature of this case, we accepted Miller's appeal of the summary judgment ruling without waiting for a final judgment from the superior court. We now decline to reach whether the superior court implicitly denied the motion to amend and whether it was error to do so. We will resolve all issues actually before us by way of this opinion, and we will return jurisdiction to the superior court to consider Miller's motion to amend. But we note the following. If Miller intends to pursue his superior court claim about improper voting by felons, he must do so as an election contest under AS 15.20.540. Re must allege and prove the necessary elements of an election contest claim, including the level of misconduct necessary to support the claim and that the votes in question are sufficient to change the result of the election. In light of our other rulings and the current voting tally, it appears to us that the number of votes in question would have to be in the tens of thousands to change the result of the election. But it is difficult, at best, to quantify 48 Miller currently trails by over 10,000 votes. Because any malconduct in (continued...) -21- 6532 the number based on the record before us, and we leave that to the parties to resolve in the superior court should Miller decide to pursue this claim. Finally, we note that an election contest does not bar certification of an election and that there are no remaining issues raised by Miller that would prevent this election from being certified. Under AS 15.20.560, if an election contest ultimately changes the result of an election, judgment will be so entered and a new certification will be issued. VIII. The Superior Court Did Not Err In Denying Murkowski's Motion for Summary Judgment On Her Claim That Write -In Ballots With Her Name But Lacking A Filled -In Oval Should Have Been Counted. The Division did not count a number of ballots for Murkowski because the voters had not filled in the ovals next to the write -in line, even though the voters had written in Murkowski's name. Murkowski argues that these votes should have been counted for her. We disagree. Alaska Statute 15.I5.360(a)(10) states that "[i]n order to vote for a write -in candidate, the voter must write in the candidate's name in the space 48 (... continued) allowing ineligible felons to vote would not appear to bias any particular candidate, proportional reduction of votes would be the proper remedy if any ineligible felons were actually shown to have voted. See Hammond v. Hickel, 588 P.2d 256, 260 (Alaska 1978). 49 AS 15.20.560 provides in relevant part that, at the conclusion of an election contest, "[t]he judge shall pronounce judgment on which candidate was elected .... The director shall issue a new election certificate to correctly reflect the judgment of the court." 50 Like Miller's claim regarding the class of votes by allegedly unidentified voters, this claim is in the nature of an election recount appeal. Like Miller, Murkowski did not request a recount. We therefore consider this claim only as one for declaratory judgment with respect to the interpretation of AS 15.15.360's provisions regarding marking the ovals on ballots. -22- 6532 provided and fill in the oval opposite the candidate's name." (Emphasis added.) Although AS 15.15.360(a) does not address spelling, marks that validly "fill in the oval" are subject to the requirements of AS 15.15.360(a)(1) and (a)(5), which state: (1) A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate. (5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated. In other words, the statute mandates that the write -in voter mark the oval in some fashion; a blank oval will invalidate the vote. Writing in the name but not marking the oval is not compliant with the statute. Murkowski is not entitled to declaratory judgment that AS 15.15.360 should be interpreted to excuse write -in voters from marking ovals as required by law' Accordingly, we affirm the decision of the superior court on this issue. IX. Conclusion For the reasons set out above, we AFFIRM the decision of the superior court in all respects. 51 Murkowski also argues that the Division erred by not counting a number of write -in votes for "Lisa M." and that the superior court erred by affirming the Division's determination. This claim is essentially a recount appeal that may only be brought to us after a recount by the Director, and is not an election contest within the jurisdiction of the superior court. As with Miller's claim about specific votes by allegedly unidentified voters, Murkowski's claim is not properly before us. To the extent she requests declaratory judgment regarding variations on write -in candidates' names, we have already addressed it. - 6532 There are no remaining issues raised by Miller that prevent this election from being certified. -24- 6532 KODIAK ISLAND BOROUGH AGENDA STATEMENT 5t. REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.A.1 TITLE: Contract No. FY2012 -20 Professional Services Agreement for Coordination /Constructability and Code Compliance Review of the Kodiak High School Addition and Renovation Project Design Documents. ORIGINATOR: Engineering and Facilities Director FISCAL IMPACT: ® Yes $$211,460 or ❑ No Funds Available ®Yes ❑ No Account Number: 460 - 533 - 452 -140 Amount Budgeted: $211,460 ATTACHMENTS: PC Associates proposal dated March 19, 2012 APPROVAL FOR AGENDA /�!'vUC z F� SUMMARY STATEMENT: E Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. Engineering /Facilities staff has discussed the need for peer review of design documents for the Kodiak High School Addition and Renovation Project with various consultants and industry professionals. Most change orders, cost overruns, and time delays on projects of this magnitude are the direct result of coordination errors in the construction documents. Considering all factors involved in this project the concensus from a risk, cost, and quality control perspective is that the proposed reviews from a third party will provide value to the project. The Coordination /Constructability Review verifies that the bid documents provide sufficient instructions to the builder to construct the building and that the various design elements fit together without conflict. The Code Compliance Review is normally outsourced by the local buiding official to verify that the building will meet all code requirements and fees are charged to the project. Combining both the Coordination /Constructability Review and the Code Compliance Review by the same vendor allows for cost reductions based on the reviewer's familiarity with the project and applying that advantage to both tasks. PC Associates was recommended as a leading firm in design review and reporting. The firm provides a thorough interdisciplinary review methodology as described in the attached proposal. References were checked with consultants and firms in the business of delivering large projects resulting in positive responses. PC Associates specializes in plan review and has performed their services throughout the west since 1989. In accordance with KIB 3.30.070 A. which allows for the exception to the procurement rules for contracts for professional or unique services, staff recommends authorizing the Manager to enter into a professional services agreement with PC Associates for the services outlined in the attached proposal in an amount not to exceed $211,460. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012 -20 with PC Associates for the Coordination /Constructability Review and Code Compliance Review services in an amount not to exceed $211,460. Kodiak Island Borough Page 1 of 1 • March 19, 2012 Revised April 26, 2012 rC le-Th Revised May 09, 2012 ASSOCIATES Mr. Kenneth W. Smith, PE ' ,HE MAN CHECK PEWEE' Project Manager / Inspector Kodiak Island Borough Engineering & Facilities Dept 710 Mill Bay Rd Kodiak, AK 99615 907- 942 -1678 (cell) 907 - 486 -9341 (vox) ksm ith(a) kod is kak. us RE: Proposal for Plan Review Services for the Kodiak High School Addition and Renovation Dear Ken: We propose to provide Plan Review Services including a RemedyCheck Constructability Review for the above referenced project as follows: 1. Coordination & Constructability Review of 65% complete Construction Documents 2. Coordination & Constructability Review of 95% complete Construction Documents 3. Option for All Discipline Code Compliance Review of 95% complete Construction Documents 4. Back Check of issues found in 95% Review(s) We guarantee to find our clients a minimum of three times our fee in change orders that can be prevented when providing a RemedyCheck ® Review, so you can't really lose. Our record, however, has been to save them an average of 10 to 30 times our fee. Our job is to make you look good and your life easier during construction! A. Based on the following information, our fee will be: • 1 Back 2 Back Chk (if Service Review Fee Chk required) TOTAL 95% CD Coordination /Constructability - $44,987 $8,997 $4,499 $58,483 95% CD Code Compliance $63,760 $12,752 $6,376 $82,888 Grand Totals $108,747 $21,749 $10,875 $141,371 65% Package 451 Estimated Construction Cost $61,500,000 No. Of 95% Package 474 - 'Sheets: (Estimated 5% Cost per Sheet for Constructability $95 increase) 15 business days for each Constructability /Coordination Review Time -Req'd for Initial Reviews: Add 5 business days for concurrent Code Review @ 95% CD Note: All documents listed for submittal, signed Agreement and retainer (minimum 35% for all non - governmental agencies) must all be received prior to start of review(s). Piecemeal submittals slow down the process and time line listed above for review will no longer be valid. Kodiak' 8 KodiakHSRev.wpd THE PLAN CHECK PEOPLE 3419 E Chapman Ave ++ Suite 480 ++ Orange, California 92869 • 714 -538 -0933 • 877 - 730 -0933 + www.pcassoc.com The process shall include: Task 1: PC Associates shall be supplied with the following: a. Four (4) complete sets of half size hard copy progress plans b. One (1) hard copy set of specifications c. One (1) electronic copy of plans and specs (PDF format) on CD or uploaded to our FTP site. Single files of all drawing sheet PDFs by discipline are preferred to individual sheet files. Specifications may be a single file (preferred) or by sections. Contact Judy Williams, judy@pcassoc.com, for uploading instructions. d. One (1) electronic or hard copy of the soils report (applicable for new construction /additions). e. One (1) electronic or hard copy of occupancy /exiting /allowable area calculations, structural calculations, energy calculations, etc are required for Code Compliance Reviews. For 95% Review to be effective, all plans, elevations, sections and details must have notes /keynotes, all schedules in all disciplines must be completed, framing, foundations, piping and ductwork must be sized, electrical plans must be circuited, all details must be keyed in and master specifications must be edited for the specific project. Task 2: Evaluation of the plans and other data shall produce a report (with space for responses by Design Architect and /or Engineers) accompanied by a marked -up set of documents indicating areas requiring additional information, revisions, corrections, coordination and clarifications. An electronic copy of the Report (in Excel 2003 format) and the marked up electronic documents shall be downloadable from our FTP site for distribution. A hard copy of the Report is available upon request. Task 3: A follow-up Resolution Check (back check) between PC Associates and Design Architect and /or Engineers shall be held to review resolutions to the findings of the original review. This task will be performed via detailed response comments in the electronic copy of the Review Booklet, uploads to our FTP site, overnight mailing services, tele- conferences and /or email. We find this process to be highly effective and eliminates the need for expensive travel and face to face meeting costs. When all issues have been resolved to the satisfaction of PC Associates, a letter for Recommendation of Approval will be issued to the client and /or governing agency. In case of a difference of opinion in the interpretation of the code compliance, PC Associates will request an opinion from the governing agency and defer to that opinion. Task 4: All Deferred Approval items will be reviewed for code compliance during construction as an extra service and at our standard hourly rates. B. Progress payment shall be made in lump sums for each phase for each project. Invoices will be sent as follows: Completion of Task 1 & start of Task 2 50% of Progress Review Fees Completion of Task 2 for each Review 50% balance of Progress Review Fees Completion of Task 3 100% of Resolution Check Fee for that submittal C. Time required for Completion of Work under Task 2 outlined in this Proposal in the Table in Section "A" shall be from the date of Task 1 and receipt by PC Associates of a fully executed Service Agreement. It shall be understood that time is of the essence and effort shall be made to complete the work as quickly as possible. D. All applicable requirements of California and Alaska State Contract Law shall be made a part of this Proposal. E. If either party becomes involved in litigation, mediation or arbitration arising out of this Proposal and Agreement, or the performance of this Agreement, the court or arbitration tribunal in such litigation, mediation or arbitration, or in a separate action, shall award attorneys fees for and costs to the prevailing party. The attorney's fees and costs awarded by the court or arbitration tribunal shall be computed in accordance with actual costs. Kodiak' B_KodiakHSRev xpe T i>tTHEf?L�'dN CHECK PEOPLE ` .,� �:!`; ti� -._. �. o ';`�. 'c. >� 3419 E Chapman Ave O Suite 480 S Orange, California 92869 • 714 -538 -0933 P 877 - 730 - 0933++ www.pcassoc.com F. PC Associates maintains a workmen's compensation insurance and general business (with auto coverage) liability policy of one million dollars ($1,000,000.00). We also carry professional liability coverage with a limit of one million dollars ($1,000,000) specifically for plan review services and reports. G. PC Associates is a certified woman -owned business and has maintained thatstatus since May 1990 when certified by Caltrans as a woman -owned business enterprise (W BE). We are also certified nationally by NW BOC as both a woman owned business and a small business enterprise. Our certificate no. is RCPS9214. Plan Check Associates Inc. dba PC Associates is a California Corporation. Our Federal Tax ID No. is 27- 3133734. H. Our services represent our opinion of the Interdisciplinary Coordination and Constructability and /or Code Compliance of a project based on our general review of the drawings and specifications. In making a general review, some detail items requiring further action will be identified. It should be recognized, however, that other items may exist which we will not be able to identify specifically. Our review is not intended to preempt the technical or professional responsibility of the project design consultants in any way and does not represent a warranty or guarantee on our part that other coordination or code compliance problems do not exist. Our job is to find discrepancies within the contract documents, but not to decide which information is correct. That decision is the prerogative of the Design Architect. We look forward to working with you. Let me know how you wish to proceed. Respectfully : ours, Accepted by: Michelle . Pettit, AIA Printed Name & Title: President michelle • .cassoc.com Date: Kodiaki B_KodiakHSRev wpd THE PLAN CHECK PEOPLE - - 3419 E Chapman Ave.) Suite 480 •+ Orange, California 92869 > 714- 538 -0933 O 877-730-0933-) www.pcassoc.com contract no. rrzulz -tu REMEDYCHECK ALTERATION / ADDITION / RENOVATION CHECKLIST ASS RemedyCheck® is a construction document interdisciplinary coordination and constructability review — constantly evolving from client feedback. Project Title Project No. Date 1. General Information - Vedfy that: Yes Partly No N/A a. Sheet index matches what is actually in the set ❑ ❑ ❑ ❑ b. Disciplines appear complete Architectural ❑ ❑ ❑ ❑ Structural ❑ ❑ ❑ ❑ Mechanical ❑ ❑ ❑ ❑ Plumbing ❑ ❑ ❑ ❑ Electrical ❑ ❑ ❑ ❑ Civil ❑ ❑ ❑ ❑ c. References to other disciplines are sheet and /or detail specific. ❑ ❑ ❑ ❑ Coordinated 2. Plan Check Civil - Vedfy that: Yes Partly No N/A a. New driveways, sidewalks or other site improvements do not interfere with existing features. ❑ ❑ ❑ ❑ b. Property lines, limits of construction, clearing, grading, etc. are clearly shown and are consistent with other disciplines. ❑ ❑ ❑ ❑ c. All existing and proposed grades are shown. ❑ ❑ ❑ ❑ d. Points of connection at new or existing site utility feeder lines for new utilities (ie: water, sewer, storm drain, gas, fire ❑ ❑ ❑ ❑ protection and power) are shown. Locations and inverts match plumbing, mechanical and electrical plans. e. All exterior features requiring lighting, power or other utilities have been provided. ❑ ❑ ❑ ❑ f. All details are keyed and coordinated with other disciplines. ❑ ❑ ❑ ❑ 3. Plan Check Structural - Vedfy that: a. Dimensions are complete and match architectural. ❑ ❑ ❑ ❑ b. Foundations are identified and sized on a schedule or plan. ❑ ❑ ❑ ❑ c. Grade beams are identified and sized on a schedule or plan. ❑ ❑ ❑ ❑ d. Walls are identified and sized on a schedule or plan. ❑ ❑ ❑ ❑ e. Floor beams, roof beams.and columns are identified on plans or listed in column and beam schedules. ❑ ❑ ❑ ❑ f. Perimeter roof line matches architectural roof plan. ❑ ❑ El ❑ g. Roof elevations, slopes and locations of ridges & valleys match architectural roof plan. All areas of roof can freely drain. ❑ ❑ ❑ ❑ h. Openings for mechanical roof and wall penetrations (ducts, fans, etc.) and locations of heavy equipment (with maximum ❑ ❑ ❑ ❑ weights) are indicated on plans. i. Structural supports required for mechanical and electrical equipment are indicated and coordinated with mechanical and ❑ ❑ ❑ ❑ electrical drawings. j. Stair and ramp plans and details are coordinated with architectural. ❑ ❑ ❑ ❑ k. All necessary sections are provided, complete, keyed and coordinated with other disciplines. ❑ ❑ ❑ ❑ I. Drawing notes do not conflict with specifications and are customized to the project. ❑ ❑ ❑ ❑ Revised 1/23/02 Page 1 of 3 Coordinated 4. Plan Check Specifications - Verify that: Contract N 1.1_ Y2 � by 2 No N/A a. Table of Contents lists all sections. Titles, section numbers and number of pages listed match actual sections. ❑ ❑ ❑ ❑ b. Scope of Work and bid items explicitly state what is intended. ❑ ❑ ❑ ❑ c. Major materials and equipment items are coordinated with drawings. ❑ ❑ ❑ ❑ d. Items specified "as indicated" or "where indicated" in the specifications are in fact indicated in drawings. ❑ ❑ ❑ ❑ e. All cross referenced sections are provided in the specification. ❑ ❑ ❑ ❑ f. Thicknesses and/or quantities of materials in specifications are coordinated with drawings. ❑ ❑ ❑ ❑ g. Specifications are tailored to the project. ❑ ❑ ❑ ❑ h. Duplication of information between specification sections is avoided. ❑ ❑ ❑ ❑ i. Specifications are coordinated with keynote system. ❑ ❑ ❑ ❑ 5. Plan Check Architectural - Verify that: a. Existing and new work is clearly identified on site plans. Scope of demolition and patch work is clearly defined and ❑ ❑ ❑ ❑ coordinated with other disciplines. Exact makeup of existing materials and systems are clearly identified on the plans and details. b. Exterior elevations match floor plans for roof lines, window and door openings, louver openings, exterior light fixtures, ❑ ❑ ❑ ❑ and separation joints. c. All details are keyed and coordinated with architectural and structural plans and sections as well as other disciplines. ❑ ❑ ❑ ❑ d. Keynote system is complete. All keynotes are referenced and coordinated with architectural and other discipline's ❑ ❑ ❑ ❑ drawings. e. Sizes and locations of openings for windows and doors match structural. Openings in masonry walls are coordinated ❑ ❑ ❑ ❑ with block modules. Openings in walls with braced frames are coordinated with diagonal bracing. f. Wall locations on reflected ceiling plans match architectural floor plans. Locations of new light fixtures and mechanical ❑ ❑ ❑ ❑ registers /diffusers on electrical and mechanical plans match locations on reflected ceiling plans. g. Enlarged floor plans match small scale floor plans and other disciplines. ❑ ❑ ❑ ❑ h. Toilet room accessories scheduled on plans match schedule in specifications. ❑ ❑ ❑ ❑ i. Finish schedule information, including room names and numbers, finishes and ceiling heights, etc., is consistent with ❑ ❑ ❑ ❑ plans, elevations and specifications. Scope of new finishes vs reworking of existing finishes is clear. j. Items noted "to match existing" are clear as to what to match and matching same does not conflict with current codes ❑ ❑ ❑ ❑ (ie: heights, spacing, etc.). All required demolition, salvage and patching of existing materials is clearly identified. k. Doorschedule information matches plan and elevation information; including sizes, types, labels, etc. Look for omissions ❑ ❑ ❑ ❑ and inconsistencies. Hardware scheduled in specifications and door types appear logical. Extent of modifications to existing hardware is clear. I. New cabinets will fit in available space. Electrical, phone and computer outlets on cabinet walls are at correct height. ❑ ❑ ❑ ❑ Scope of reuse, rework or refinish of existing casework is clear. m. Flashing material, gauges and construction methods are sufficiently detailed and consistent with the specifications. ❑ ❑ ❑ ❑ n. Sealants are indicated in specifications for all conditions and materials shown on drawings. ❑ ❑ ❑ ❑ o. Signage, miscellaneous specialties and equipment shown on drawings are coordinated with specifications. ❑ ❑ ❑ ❑ p. Fire ratings and detailing are consistent with Type of Construction. ❑ ❑ ❑ ❑ q. Handicapped accessibility features are coordinated between disciplines & with specifications (ie: signage, rails, heights). ❑ ❑ ❑ ❑ r. Sufficient information appears on drawings to verify interstitial space for new mechanical systems. ❑ ❑ ❑ ❑ s. Special Owner supplied criteria have been addressed (see attached list if applicable). ❑ ❑ ❑ ❑ Revised 1/23/02 Page 2 of 3 Project No. Coordinated 6. Plan Check Mechanical /Plumbing - Verify that: Contract Naf2 &0 No N/A a. Plumbing floor plans are consistent with architectural floor plans. ❑ ❑ ❑ ❑ b. New utilities such as gas, water, sewer, etc. lines connect to existing or new utilities shown on site plan or civil drawings. ❑ ❑ ❑ ❑ c. Roof slopes and drain locations match architectural locations. ❑ ❑ ❑ El d. Saw cutting of existing floor is shown for sewer intercepts. ❑ ❑ ❑ ❑ e. Plumbing walls or chases are provided on architectural to conceal vertical piping. ❑ ❑ ❑ ❑ f. HVAC floor plans are consistent with architectural floor plans. ❑ ❑ ❑ El g. Air distribution on plans equals scheduled values for unit capacity. ❑ ❑ ❑ ❑ h. Ducts and pipes don notconflictwith architectural features orstructural members. Ceiling height provides adequate room ❑ ❑ ❑ ❑ i. Locations of smoke and fire dampers are consistent with smoke and fire walls on architectural drawings. ❑ ❑ ❑ ❑ j. Locations of air conditioning units, heaters & exhaust fans match architectural roof plan & structural roof framing plan. ❑ ❑ ❑ ❑ k. Air volume is provided for all diffusers and registers. ❑ ❑ ❑ ❑ I. Automatic shut down is provided for HVAC systems exceeding 2000 CFM. ❑ ❑ ❑ ❑ m. Plumbing fixtures are scheduled and match architectural locations. ❑ ❑ ❑ ❑ n. All fixtures are connected to sanitary drain system and are supplied with utilities. ❑ ❑ ❑ ❑ o. All duct work is sized. ❑ ❑ ❑ ❑ p. There is adequate space for mechanical equipment with room for maintenance such as removing filters or tubes. ❑ ❑ El El q. Ducts and piping crossing building separation joints have flexible connections. ❑ ❑ ❑ ❑ r. Scope of demolition work is clear and coordinated with other disciplines. ❑ ❑ ❑ ❑ s. All equipment designated on schedules is located on plans. All equipment on plans is scheduled. ❑ ❑ ❑ ❑ t. Total fixture units and water pressure calcs are shown on plans. ❑ ❑ ❑ ❑ u. Combustion air is provided for gas fired equipment. ❑ ❑ ❑ El v. Indirect waste is shown on plans. ❑ ❑ ❑ ❑ w. Method of existing and/or new backflow protection is shown on plans. ❑ El ❑ ❑ x. Length of longest gas connection to meter is shown on plans with individual & cumulative gas demand for each line. ❑ ❑ ❑ ❑ y. Riser diagrams are shown on plans. ❑ ❑ El ❑ z. Seismic anchoring of equipment and piping is shown on plans and detailed. ❑ ❑ ❑ ❑ aa. All keynotes are referenced. ❑ ❑ ❑ ❑ bb. Details are coordinated with and keyed to plans. El ❑ El ❑ 7. Plan Check Electrical - Verify that: a. Electrical floor plans are consistent with architectural & mechanical plans, including locations of floor mounted eqmt. ❑ ❑ ❑ ❑ b. Locations of exterior electrical equipment are coordinated with site paving on architectural plans, grading & landscaping. ❑ ❑ El ❑ c. Electrical connections are provided for all major pieces of equipment. Horsepower ratings, phases and voltages are ❑ ❑ ❑ ❑ d. There is sufficient space for electrical panels to fit and adequate access and working space is available. ❑ ❑ ❑ ❑ e. Locations of panel boards are consistent with architectural, mechanical and plumbing floor plans. ❑ ❑ ❑ ❑ f. Panel board circuiting matches floor plans. ❑ ❑ ❑ ❑ g. Existing panel board schedules are included when circuits are revised. ❑ ❑ ❑ ❑ h. Existing service demand loads are listed. ❑ ❑ El ❑ i. Electrical riser diagrams indicate panel boards and terminal cabinets and are coordinated with plans. ❑ ❑ ❑ ❑ j. Electrical power and alarm connection are provided to smoke /fire dampers and HVAC duct detectors. ❑ ❑ ❑ El k. Conduit and cable trays crossing building separation joints have flexible connections. ❑ ❑ ❑ ❑ I. Fire alarm system is per current code. ❑ ❑ ❑ ❑ m. Fire sprinkler flow and tamper valves are electrically monitored. El ❑ ❑ ❑ n. Sway bracing for new fixtures is per current code. ❑ ❑ ❑ ❑ o. Scope of demolition work is clear and coordinated with other disciplines. ❑ ❑ ❑ ❑ p. Seismic anchoring of equipment is shown on plans and detailed. ❑ ❑ ❑ ❑ q. All keynotes are referenced. ❑ ❑ ❑ ❑ r. All details are coordinated with and keyed to plans. ❑ ❑ ❑ ❑ Revised 1/23/02 Page 3 of 3 Project No. s' }. ° i. KODIAK ISLAND BOROUGH ok0 �4•'r�f�4 AGENDA STATEMENT REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2012 -30 Disposing of Certain Borough Owned Land to the City of Kodiak for Less Than Fair Market Value (P &Z Case 12 -031). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2012 -30, P &ZC Resolution, case packet, and library results APPROVAL FOR AGENDA:a SUMMARY STATEMENT: A citizen's group called the Kodiak Public Library Association is working with the City of Kodiak to construct a new city owned public library on Borough Hill in the vicinity of the barn. The existing city owned lot is not large enough to locate the facility, provide needed parking, and provide proper drainage and setbacks. The City has asked for transfer of a portion of an adjacent Borough land parcel. This Borough land is the parcel where the Red Cross Building is located. The commission has reviewed this disposal and by resolution is recommending to the Assembly approval of the disposal. KIB 18.20.030 requires P &ZC review and recommendation to the Assembly by resolution of its recommendation, which has been made part of the packet. RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -30. Kodiak Island Borough Page 1 of 1 j Kodiak Island Borough • MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough THROUGH: Rick Gifford, Borough Manager r FROM: Karleton Short, Finance Director �� SUBJECT: School Funding DATE: May 17, 2012 On April 24, the School District requested for a local contribution of $10,388,388. Resolution No. FY2013 -01 appropriates $9,931,800 to the school district. This is a difference of $456,880. Please consider the following: 1. If Resolution No. FY2013 -01 is adopted as presented, the Assembly would have the opportunity to increase appropriation at the June 7 meeting when the Borough's budget is approved. 2. By State Law, the Assembly needs to furnish the School Board with a statement(resolution) by May 23. If not, the amount of funding will automatically become what the school district requested. For amendment considerations, please see the following: • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,388,388 (funding to the cap). Suggested sources for the increase: $256,880 fish severance tax $200,000 State raw fish tax $456,880 • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,331,800. Suggested sources for the increase: $200,000 fish severance tax $200,000 State raw fish tax $400,000 • Move to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,131,800. Suggested source for the increase: $200,000 fish severance tax These three scenarios are the likeliest options. The Assembly may wish to consider alternative scenarios. 1 Introduced by: Borough Manager 2 Requested by: CDD Director 3 Drafted by: CDD Director Introduced on: 05/17/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -30 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 DISPOSING CERTAIN BOROUGH OWNED LAND TO THE CITY OF KODIAK FOR 11 LESS THAN FAIR MARKET VALUE (P8Z CASE 12 -031) 12 13 WHEREAS, the City of Kodiak is working with the Kodiak Public Library Association in 14 an effort to construct a new community public library on Borough Hill; and 15 16 WHEREAS, during design for this facility it became clear that due to site slopes and 17 setbacks, there is a need for additional area above and beyond what this parcel could 18 supply; and 19 20 WHEREAS, there is an adjacent Borough owned parcel that is underutilized and fits well 21 into the development of the library; and 22 23 WHEREAS, KIBC 18.20.030(A), requires review of each disposal of borough real 24 property by the Planning and Zoning Commission; and 25 26 WHEREAS, KIBC 18.20.100(B) provides for the disposal of KIB real property for less 27 than fair market value to a political subdivision upon a finding that the use of the land will 28 be for a public purpose beneficial to the borough; and 29 30 WHEREAS, KIBC 18.20.100(B) provides for the disposal of KIB real property for less 31 than fair market value to a political subdivision upon a finding that the use of the land will 32 be for a public purpose beneficial to the borough. 33 34 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT it affirms the recommendation and findings of fact by the Planning and 36 Zoning Commission to dispose of approximately 2038 square foot portion of Lot 7B -1, U.S. 37 Survey 2538A for less than fair market value and finds that such a disposal will be of a 38 public purpose beneficial to the Borough. 39 40 BE IT FURTHER RESOLVED that the Assembly's action is conditioned upon the 41 completion, approval, and recordation of a survey that redraws the property lines between 42 the properties. 43 44 BE IT FURTHER RESOLVED that that the Assembly authorizes the Manager to sign all 45 paperwork required completing this disposal to the City of Kodiak. 46 Kodiak Island Borough Resolution No. FY2012 -30 Page 1 of 2 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS DAY OF 2012 49 50 KODIAK ISLAND BOROUGH 51 52 53 54 ATTEST: Jerome M. Selby, Borough Mayor 55 56 57 58 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -30 Page 2 of 2 Public Hearing Item I -C. P &Z April 18, 2012 Current Location Request: A disposal of borough lands (a portion of Lot 7B -1), P & Z Case # 12 -031 per KIBC 18.20, requiring a review and recommendation City of Kodiak of a disposal of borough lands by the P &Z Commission, according to KIBC 18.20.030 A Agent: Roe Sturgulewski k rbc, 12 A 3 Q ti ^>\ „.„ n3N ,,,, (b 0 � �.� � � �'' o Legend rib N 6 6\ t\ Subject Parcel 0 5 NC° ii-: t\ N �'`� ` ` Illill` N v 7B -1 61 627 2 614 . � 720 72 Q' 620 . 00 p�L • . S O ;�P 1 , \ 1 ilit, V P.`b co C. (1/ co v LC) S AN „. A3 40 + O 1� ti... ` 3 U) 512 6 rL� 1 ,�O O r\ u) e G A to. c, tx b ,,K N <$1 Kodiak Island Borough GIS System P , 2 ' 0 90 180 360 540 720 .Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -031 Introduction Page 1 of 6 Public Hearing Item / -C P &Z April 18, 2012 \ 0 O 0 0 C\ � Case No. 12 -031 Introduction Page 2 of 6 Public Hearing Item I -C P &Z April 18, 2012 Zoning Request: A disposal Cuborough lands j$ portion € Pe3BC09 i12 -03+1 wC'.t 18.20, requiring ® review aid recommendation CQO disposal CO borough lands (o r (Limp P &Z Commission, gIV CO Kodiak according QP C4I©18.20.030A Agent: Roe a IP cog" f�' 9 • r l,� ,�� X15 11 A y� 0 l I k1Z) vk 11 cl, �� r,6 VO JO ^^ Act �_, 01 1a IC' � � � ,� ``� 0 01 2 ^0 IV' � ^ ^ N. • 1 ^ \ 0 5 • t\C) - co t• 4°1 G< 7B -1 61 , 627 r 2 614 q 72 0 722 44 t Q 60 °. 68 0.- �� o � � P �,P s , op r % N -is 4011; of Q ;L a 1 Zoning Legend Public Use Lands I Rural Residential 1 I Multi Family Residential Light Industrial a Watershed I I Rural Residential 2 I_.`^`I Business = __I Rural Neighborhood Commercial Conservation Single Family Residential r. Retail Business ® Urban Neighborhood Commercial I - Rural Residential ' I Two Family Residential I ' I Industrial Natural Use l This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -031 Introduction Page 3 of 6 Public Hearing Item I -C P &Z April 18, 2012 : O \I CS\9 O o� k \‘' O Case No. 12 -031 Introduction Page 4 of 6 Public Hearing item / -C P &Z April 18, 2012 — Overlay Request: Gil disposal (of?borough lands eiD portion d Q 7B -1), pQ gge 12 -0311 ( CEM18.20, requiring review aid recommendation @TV @.Q Kodiak - - CQOdisposalCQborough lands I bra? Commission, according tiOC '.g 18.20.030 Agent: Roe TL y6 x C . 5 f A t kFj+ ?.4 ti 4.+n " 4 S c 'Irt � / f� i.t -T��a r ttet s y b L' F� ; c ' � r i s � : j e ei , y w i $ ,C w r y - "1, rs- Y.r ."1" '` ' 4 • a y ,9-. t • n , ►. t ,� ., 41/- � �:�µ �. On' t cs. s a 1- e t `� fl jf 3 > '4 �� E"' f�'5 p M t` >,,, kr � ' t ( ° i ts / - rte J��'" � + -l• 44 WA F. `gyp � Y Pfr p 'ib. y I -Y '1r Kodiak Island Borough GIS System `. 0 20 40 80 120 160 Feet I This nap was preparetl from the Kodiak Island Borough GIS System It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. Mare information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (gW) 486 -9333 Case No. 12 -031 Introduction Page 5 of 6 Public Hearing Item I - P &Z April 18, 2012 O ° 0 . Case No. 12 -031 Introduction Page 6 of 6 Public Hearing Item 7 -C P &Z April 18, 2012 Program Management 1 ICI U � j ConsWdionConw 7A LASKA ; Strategic Planning an 0 ARCADE company March 30, 2012 Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Re: Lot 7B -1 US Survey 2538A Property Procurement Dear Mr. Cassidy: This is to provide a modification to our February 29, 2012 letter and Administrative Request for Lot 7B -1 US Survey 2538A. Subsequent to submittal of our Request our A/E team refined their thinking on the exact property to be requested from the Borough. The revised area is shown on the attached sketch dated March 8, 2012 and entitled Kodiak Library Proposed Property Addition. The size of the property transfer has increased from approximately 1600 sf to 2038 sf. The proposed property line has been adjusted to reflect the existing topography and allow for use of the parcel without addition of a retaining structure. Also attached is a revised site plan dated March 29, 2012. The added KM property allows significant improvements to our parking layout. We are able to accommodate handicap parking adjacent to building and provide a drop off area directly in front of the main entry. Thank you for your assistance on our project. Please contact me at (907) 343 -3013 if you have any questions. Sincerely, RISE ALASKA, LLC Roe Sturgulewski Project Manager 880 H Street Suite 101 Anchorage, AK 99501 USA 907.276.8095 Tel / 907.276.8609 Fax wmwr.risealaska.com Case No. 12 -031 Application Page 1 of 8 Public Hearing Item 7 -C P &Z April 18, 2012 ' / r 9 h tern I \ J la i t \ 7 \ \ I \ \ \.\\ \ , 1 \\‘,-. ' \ % �\ l N / ryo \ \ ( ( C C \\ "O Q m V 4 # \ T in J v r ,,. C b < 2 oN G U a . n 5 < L 0 O > l G c§ i L2 I !/ Case No. 12 -031 Application Page 2 of 8 Public Hearing Item 7 -C P &Z April 18, 2012 p ry ¶ k 2 Je J - -__._ _ - - f t r ti . as .f Y I \ �1 t, , %r�l, � \ a - -- I \ \ o m a m $ � zH ay , y r,44 . � I \ b ai nr r NI 0 u 0.�v. ' ?) �9sp n • N A N 11 . ‘ Ire + om t4 4 ' ' „. ,, 1 P # al' q; \\ N i tat 17/ �: 1 1 y �v4g - 1 6 W E 1 - It \ \ /, \ /' < \ / z \ ( 4 Y L y \ /,/ m V C y ,\ / o<s y • / / Y f E / Case No. 12 -031 Application Page 3 of 8 PuNic Hearing Item / -C P &Z April 18, 2012 Kodiak Island Borough Community Development Department Submit byEmaB i y .' ,. 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Print Form .I Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http: / /www.kodiakak.us Administrative Request Applicant Information; Property Owner / Applicant: City of Kodiak Mailing Address: 710 Mill Bay Road Kodiak Alaska 99615 Phone Number: (907) 486 -8636 Other Contact email, etc.: akniaziowski @ciry.kodiak.ak.us Agent & /or Surveyor: Roe Sturgulewski - RISE Alaska Mailing Address: 880 H Street, Suite 101 Anchorage, Alaska 99501 Phone Number: (907) 276 -8095 Other Contact email, etc.: rsturgulewski @risealaska.com Nature / Purpose of Request: Title 18 Land Disposal Review Property Information: Legal Description: Sundv: US Survey 2538A Military Reserve, East Addition to Kodi Block: Lot 7B-1 Current Zoning: Public Use KIBC 11.130 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2(108 Present Use of Property: Lot 76 -1 houses the Red Cross Building. I am providing additional information in the form of: Additional Narrative / History : YES As -built Survey: NO Maps: NO Photographs: NO O�tthher: YES Date: Feb 29, 2012 Signature: f �° l Payment Verification Fee Payable in Cashier's Office Room # 10 Main floor of Borough Building dbcO Review of P &Z Commission Decision KIBC 17.215 r'— ' r $1 50.00 Appeal to P &Z Commission KIBC 17.220 ® r 5150.00 F $350.00 P &Z Commission Site Plan Review P &Z Commission Screening Approval G�O L n9 r $150.00 Title 18 Land Disposal Review ff 17 2012 IX 5150.00 Postponement at Petitioner's request - Public Hearing Item KodlakIsland boroughr $100.00 Postponement at Petitioner's request - Non - Public Hearing ItemF►nance Department r $ 25.00 Other F $150.00 Date: CDD Staff: Case No. 12 -031 Application Page 4 of 8 Public Hearing Item / -C P &Z April 18, 2012 Program Management Project Management Construction Consulting ..AL'ASKA.` �- Strategic Planning an C ARCADIS company February 29, 2012 Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Re: Lot 78-1 US Survey 2538A Property Procurement Dear Mr. Cassidy: This memo provides additional information to the Administrative Request being submitted for a Title 18 Land Disposal Review for a portion of the KIB owned "Red Cross" property. The potential land acquisition will enhance the design and construction of the adjoining City of Kodiak New Public library. The Library and its associated parking fit on the existing property owned by the City of Kodiak (Lot 6B -1C, US Survey 2538A, Military Reserve. East Addition to Kodiak Townsite). The usability of the site is constrained in part by the existing Barn structure. While working on the Schematic Design, MRV Architects identified a potential option of acquiring a small portion (approximately 1600 Sq. Ft.) of the adjoining property (Lot 7B -I, US Survey 2538A Military Reserve, East Addition to Kodiak Townsite) to the North West of the Library site from the Kodiak Island Borough. The proposed acquisition concept and an aerial view are shown on the attached documents. The exact layout of the parking lot and building will be finalized upon resolution of the Title 18 Review. The benefit of this additional property to the Library project is to allow the Library parking to shift towards the northern property line. This allows the building to move to the North and make a slight clockwise rotation. This pulls the North East corner of the building away from the Barn, allows the building to move away from the trees in the South West corner of the site and pulls most of the building away from the South property line. This also improves the potential to provide an addition towards the South East portion if desired in the future. Thank you in advance for KIB consideration of this request. Sincerely. RISESKA, LLC t Roe Sturgulewski Project Manager ESC ti Sttect i01 Anettotege. 9151'. USA SO? 27.3O35 517. coo? r ay ....,. tisealeska.e.,.. Case No. 12 -031 Application Page 5 of 8 Public Hearing item / -C P &Z April 18, 2012 r R ECEOVE --- JAN 1 7 2012 .J COMM M DEVELO DFPASTNrM P p. I / : ; a �� . m 2 in Ci- M " 7 " 1 i I % I \ / / I 1' » I / I � H a �: I W 1 � I 0 I a a I i SINN N N. ....*. \� a ,\ I Case No. 12 -031 Application Page 6 of 8 E /E17Vsn' �Iu r!Pol's!8 /rd11 y ZIOZ /9Z /Z C N V O co N C I N 77 = Q • U Q co F IFU y; �� ,-is 'k t ! y t �y`` F Y A'f tp " d cu t-i • 7 s'72 r Oea ' ir yF r 1 % ° [a ' Fo rk . ' � {r ,tyr ?�..L r''�'tk Kyar"�y.'i,C i ., : zr� V,�,c __ . ... .. _.. —.._.. ... 1 d Sr.j ' t3 �"a ,. +s.�,o 4 ' . 9b 4 x + v g t . Y+ * i•r ttf 4.M P r \ �\ \ 't 'ee� I .Y T t r v lr G F „ ^ + r \ F ` „ �� y II b �� ;s i i , ±4.;;,: Y A N x� C� t . t p y�` . ,r r yfi / � sY � % �tn 4 5. `. _......�_ _ A . I -,7-....-;:3,44:, ¢ "H �^a ` 3 r . F , y J TS e ' r sadvWS m • ar 4y ♦ r: C ,y � °i:r ° s i <3 ft b " ; "S j . r e A,aeaw wt Aiae. o +, O + „F 4, ✓ , a'D.7 \ . Yr' . R'�. 4p, e {K � ds ,� .< • ,,,( .Fu „ } D � a C I S ) l . wl +,1C Z -: I r % s_xzv' .'+\. 4 1 �/ _' {! 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''rF3- `,�.fi ' . = d ' ; � A L � ' _� � �'. � _ . a a is do), faoUD, voadns Dig; aasa y6noJo puelsl d o P N I ;o 1 03rd olozld ny el 6o0Z Public Hearing Item / -C P &Z April 18, 2012 PAYMENT DATE Kodiak Island Borough BATCH NO. 02/29/2012 710 Mill Bay Rd. 2012- 00000397 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2012 - 00000914 RECEIVED FROM CASHIER CITY OF KODIAK Teresa Medina DESCRIPTION 710 MILL BAY RD ;PAYMENTkCODEh x IRECEIP{TiDESCRIPTION`'; ''- '{ i,Ti_RANSACTIONjAMOUNTt Review Fee Review Fee P & Z $150.00 ,_..- LAND DISPOSAL REVIEW TITLE 18 Payments: Type Detail Amount Check 505006 $150.00 Total Amount: $150.00 Printed by: Teresa Medina Page 1 of 1 02/29/2012 12:37:39 AM Case No. 12 -031 Application Page 8 of 8 Public Hearing Item I -C P &Z April 18, 2012 i 4 , Community Development Department _ �(I ' 710 Mill Bay Road Room 205 `t- r. „ , .r y • / Kodiak, Alaska 99615 • - " Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us March 2, 2012 Ms. Aimee Kniaziowski, City Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Re: Case 12 -031. Request a disposal of borough lands (a portion Lot 7B -I), per KBC 18.20, requiring a review and recommendation of a disposal of borough lands by the P &Z Commission, according to KIBC 18.20.030 A. Dear Ms. Kniaziowksi: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 18, 2012 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, April 11, 2012 at 6:30 p.m. in the Borough Conference Room ( #121), 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 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, t h e t n C Sheila Smith, Secretary Community Development Department CC: Rick Gifford, Borough Manager Bob Scholze, Resource Management Officer Case No. 12 -031 Public Comment Page 1 of 6 Public Hearing Item I -C P &Z April 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 March 7, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 18, 2012. 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: 12 - 031 APPLICANT: City of Kodiak AGENT: Roe Sturgulewski, Project Manager, RISE Alaska, LLC REQUEST: A disposal of borough lands (a portion Lot 7B -1), per KIBC 18.20, requiring a review and recommendation of a disposal of borough lands by the P &Z Commission, according to KIBC 18.20.030 A. LOCATION: 610 Egan Way, Lot 7B -1 USS 2538A ZONING: PL- Public Use Zoning District 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 must be received by 5 pm, April 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmith(2D,kodiakak.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. One week prior to the regular meeting, on Wednesday, April 11, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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: Mailing Address: Your property description: Comments: Case No. 12 -031 Public Comment Page 2 of 6 Public Hearing Item I-C P &Z April 18, 2012 Current Location Request a disposal of borough lands (a portion 610 Egan Way of Lot 7B -1), per KIBC 18.20, requiring a review P & Z Case 12 -031 and recommendation of a disposal of borough City of Kodiak lands by the P &Z Commission, according to KIBC 18.20.030 A. kt ti ti o ' . - 1 - le pV�. Cat 1 22 Q�� ®(', P AP g °� a $ v ° e - 6ry1 ` r • 619 _ / 6 �' , 1 ^� IP ® h • #% 0� 61 3 , o � �� 'It 61 3 Ise 4 4 ® Lit O h % /S F AG fr Cr 612 � w A V • �� 614 , 13 1/4t 62p seW p co m P ' P � ® 68 0� �� e ' PO , ^P 31 3 • . **. I) b "2 I Cp o � � �J� �) 5 6 96 , • 3 16 , N i c ° 4 4 Q- © 0 � �' � 6G 616 ry ^ 2CO ci STREET a,, O „ti Q- 6 ,� �� 61 � 36 �� I� w ® Q c 2 a t •,• c Xc8' `� "�..' R�_ � 413 ^9 �^ bs I ° Kodiak Island Borough GIS Legend I " A - i -P I I S ubject Parcel W E , Feet _ _ -. Z4 160 320 640 Q Notifiction Area s This map was prepared from the Kodiak Island Borough's G15 System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 12 -031 Public Comment Page 3 of 6 Public Hearing Item I -C P &Z April 18, 2012 ERNESTO ABAD ALASCOM INC ARMANDO ANTONIO ETAL 717 LOWER NULL BAY RD PROPERTY TAX DIVISION 714 WILLOW ST KODIAK, AK 99615 PO BOX 7207 KODIAK, AK 99615 BEDMINSTER, NJ 07921 WILLIAM BARNES MARIA C BARRAZA NILDA C BATTAD 618 WILLOW ST. PO BOX 2533 PO BOX 8214 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DEWEY BELL RANDY BLONDIN ETAL AMALIA BRAVO 419 ERSKINE AVE PO BOX 159 25172 SANSOME ST KODIAK, AK 99615 KODIAK, AK 99615 . HEMET, CA 92544 ROBERT BRODIE WILLIAM P BUIE STEPHEN BURNSIDE ETAL P.O. BOX 296 12732 TANGLEWOOD DR 418 MILL BAY RD KODIAK, AK 99615 KNOXVILLE, TN 37922 KODIAK, AK 99615 MICHET I F CAGUIOA CITY OF KODIAK DARLA J. COYLE 415 ERSKINE AVE P.O. BOX 1397 PO BOX 1019 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 FRANCIS DELA FUENTE ELIZABETH DELOS SANTOS THOMAS DOOLEY ETAL 713 LO \VER MILL BAY RD 614 WILLOW ST 1519 SIMEONOFF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ADRIANO FANGONILO STEPHEN FAUST WESTON FIELDS 612 LOWER MILL BAY RD 712 LOWER MILL BAY RD PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH GARCHITORENA HORN LIVING TRUST CAROLEJOHNSON 618 LOWER MILL BAY RD 717 MILL BAY RD 519 CAROLYN ST KODIAK, AK 99615 KODLAK, AK 99615 KODIAK, AK 99615 NANCY JONES RICHARD KNIAZIOWSKI ETAL CITY OF KODIAK CENIETARY PO BOX 2915 421 MILL BAY RD P.O. BOX 1397 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH KODIAK PUB BROADCASING CORP MARK KOZAK 710 MILL BAY RD 620 EGAN WAY P 0 BOX 2684 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 i2 - 0 3 Case No. 12 -031 Public Comment Page 4 of 6 Public Hearing Item I -C P &Z April 18, 2012 TERESITA KVASNIKOFF LARRY LACASTE JENNY LAHTI 614 LOWER MILL BAY RD 613 LOWER MILL BAY RD 512 HEMLOCK ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NOE LOPEZ EUGENIA MACARAIG FRANCISCO MARCELO 518 CAROLYN ST 620 LOWER MILL BAY RD 714 LOWER MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 HANS MOODY DAVID MORENO RICKY NELSON ETAL 510 CAROLYN ST 414 MILL BAY RD 413 ERSKINE AVE. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NENITA NICOLAS EDUARDO OCAMPO RACHEL PENCE PO BOX 462 613 WILLOW ST 2999 SCOUT CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KIM PIPER ETAL D. ANN POIRIER BRETT RANDOLPH 515 CAROLYN ST 520 CAROLYN ST PO BOX 210 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RONDO RECUSTODIO JAVIER RUIZ FRED SARGENT 615 MILL BAY RD 514 CAROLYN AVE 3177 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLASS & DAWN SEWARD JOHN SHIPPER JAMES SMITH PO BOX 8971 424 CAROLYN ST 610 LOWER MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARKELLA & AMBROSE STAPLETON KEIKO SUGAWARA JANET THEIS 619 LOWER MILL BAY RD PO BOX 683 713 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 UNITED STATES OF AMERICA FREDA VILLASENOR GORM VISFELDT KODIAK, AK 99615 516 CAROLYN ST P 0 BOX 2893 KODIAK, AK 99615 KODIAK, AK 99615 WILLIE ZEEDAR 711 MILL BAY RD KODIAK, AK 99615 Case No. 12 -031 Public Comment Page 5 of 6 Public Hearing Item / -C P &Z April 18, 2012 A Ili Kodiak Island Borough W i i ,. OFFICE of the MANAGER t..-- _. , � ',ell 710 Mill Bay Road Kodiak, Alaska 99615 tajQ "--`=:-.=-_, Phone (907) 486 -9304 Fax (907) 486 -9374 s,t•. ' o. E -mail: rscholzenkodiakak . us ii To: Planning and Zoning Commission // 1 From: Bob Scholze, Resource Management Officer::-_, 76 et ii Date: April 3, 2012 Re: Land Disposal Review: Pm. Lot 7B -1, USS 2538A (Case 12 -031) KIBC Code Section 18.20.030.A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the assembly with the Commission making a recommendation to the assembly regarding the proposed disposal. By Resolution #2012 -07, the City of Kodiak has requested that a portion consisting of 2,038 sq. ft. of Lot 7B -I, USS 2538A be disposed of by the Borough to the City for less than fair market value, as specified in KIBC 18,20.100.B, "...upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough." Acquisition of this parcel would provide flexibility for the site layout for construction of the proposed new City library on the adjacent property. The additional land would improve landscaping design and tree retention, as well as allowing optimum layout for required parking and traffic circulation. Lot 7B -1 is located directly across Egan Way from the Borough Building. It houses the wood frame structure generally known as the Red Cross Building. The narrow easterly portion that is the subject of the City's request is higher in elevation than the rest of the property and, since it does not provide access or parking associated with the Red Cross Building, it is surplus to the function of that structure. The need for a new City library has been well documented. It would serve a valuable public purpose for all of Kodiak Island. Situated in close proximity to the high school /middle school campus, it will provide readily available opportunities for educational pursuits, as well as offering a site for community meetings and neighborhood forums. This would be the latest in a growing list of property transfers between the two municipalities. In 2008, City property on Near Island was transferred to the Borough to accommodate construction of the new ADF &G office complex and administration facility there. In 2011, the process of transferring Borough property in Monashka Bay within the watershed to the City was initiated. Continuation that cooperative exchange promises mutual future benefits. Case No. 12 -031 Public Comment Page 6 of 6 Public Hearing Item I -C P &Z April 18, 2012 MEMORANDUM DATE: April 6, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 18, 2012 Regular Meeting CASE: 12 -031 APPLICANT: City of Kodiak AGENT: Roe Sturgulewski, RISE Alaska, LLC. REQUEST: A disposal of borough lands (a portion of Lot 7B -1), per KIBC 18.20, requiring a review and recommendation of a disposal of borough lands by the P &Z Commission, according to KIBC 18.20.030 A. LOCATION: 610 Egan Way, Lot 7B -1 United States Survey 2538A ZONING: PL- Public Use Zoning District Fifty eight (58) public hearing notices were distributed on March 7, 2012. One (1) public comment has been returned expressing support for the request. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan depicted this area as zoned Public and Semi Public. Ordinance 83- 30 -0-A rezoned Lot 7 United States Survey 2538A to PL- Public Use. 2. Location: Physical: 610 Egan Way Legal: Portion Lot 7B -1, United States Survey 2538A 3. Lot Size: 2,038 square feet 4. Existing Land Use: Non - governmental agency occupancies 5. Surrounding Land Use and Zoning: North: Lot 7A United States Survey 2538A Use: Governmental administration facility Zoning: PL- Public Use Zoning District South: Lot 6A United States Survey 2538A Use: Multi- family residential Zoning: PL- Public Use Zoning District East: Lot 27 Block 12 Aleutian Homes Subdivision Use: Cemetery Zoning: PL- Public Use Zoning District Case No. 12 -031 Staff Rpt Page 1 of 4 Public Hearing Item / -C P &Z April 18, 2012 West: Lot 6B-1B United States Survey 2538A Use: Vacant Zoning: PL- Public Use Zoning District 6. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update depicts this area as Public Facilities Use 7. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: Kodiak Island Borough Title 18 (Borough Real Property) 18.20.010 Application of chapter and title to real property disposal. A. Except as this title provides otherwise, this chapter governs all disposal of borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the borough may be enforced against the borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. 18.20.020 Disposal authority. Except where this title or another provision of law establishes a specific mandatory procedure for disposing of borough land, the borough may dispose of borough land in any manner not prohibited by law. 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. Case No. 12 -031 Staff Rpt Page 2 of 4 Public Hearing Item I -C P &Z April 18, 2012 STAFF COMMENTS This request is before the Commission pursuant to KIBC18.20.030, which requires Planning & Zoning Commission review prior to a disposal of Borough lands. The request for a lands disposal has been submitted for the purpose of facilitating the construction of a new City Library with provisions for on -site parking, and an eye towards future expansion of the library building. Mr. Roe Sturgulewski, agent for the applicant, succinctly describes the purpose for the request, and identifies the expected public benefit as follows: "The Library and its associated parking fit on the existing property owned by the City of Kodiak (Lot 6B•IC, US Survey 2538A, Military Reserve, East Addition to Kodiak Townsite). The usability of the site is constrained in part by the existing Bam structure. While working on the Schematic Design, MRV Architects identified a potential option of acquiring a small portion (approximately 1600 Sq. Ft.) of the adjoining property (Lot 7811, US Survey 2538A Military Reserve, East Addition to Kodiak Townsite) to the North West of the Library site from the Kodiak Island Borough. The proposed acquisition concept and an aerial view are shown on the attached documents. The exact layout of the parking lot and building will be finalized upon resolution of the Title 18 Review." "The benefit of this additional property to the Library project is to allow the Library parking to shift towards the northern property line. This allows the building to move to the North and make a slight clockwise rotation. This pulls the North East comer of the building away from the Barn, allows the building to move away from the trees in the South West comer of the site and pulls most of the building away from the South property line. This also improves the potential to provide an addition towards the South East portion if desired in the future. "' On March 30, 2012, Mr. Sturgulewski amended the original application with a request for an additional 438 square feet The diagram submitted with the amended request details the requested disposal area and confirms that the existing off- street parking serving Lot 7B -1 (Red Cross Office) will remain unaffected by the land disposal. 1 Application page 5 of 8 2 Application page 1 of 8 3 Application page 2 of 8 Case No. 12 -031 Staff Rpt Page 3 of 4 Public Hearing Item P &Z April 18, 2012 RECOMMENDATION Staff believes that the applicant has correctly characterized this property disposal as beneficial to the City of Kodiak, the wider population of the Borough, and, that the designated tract is surplus to any Borough need. Staff recommends forwarding this request for disposal of Borough lands to the Borough Assembly with a resolution of positive recommendation. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning & Zoning Commission Resolution No. FY 2012- 044, and to adopt the findings in that staff report dated April 6, 2012, as "Findings of Fact" for Case 12 - 031. FINDINGS OF FACT [1] The Commission has reviewed the subject property's current and proposed uses. [2] The Commission finds that the disposal will allow the use of the land for a public purpose beneficial to the borough. See Appendix Page 1 Case No. 12 -031 Staff Rpt Page 4 of 4 1 Introduced by: 2 Requested by: Drafted by: 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION 7 RESOLUTION NO. FY 2012 -04 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING 10 COMMISSION 11 12 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of 13 Borough land to be reviewed by the Planning & Zoning Commission before submission to 14 the Assembly; and, 15 16 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make 17 a recommendation on the disposal by resolution before it is forwarded to the Borough 18 Assembly; and, 19 20 WHEREAS, the principal purpose of the Commission is to consider if the land identified is 21 surplus to the Borough's need: and, 22 23 WHEREAS, the existing parcel is a 2,038 square foot portion of Lot 7B -1 United States 24 Survey 2538 A and, 25 26 WHEREAS, this parcel has no further use to the Kodiak Island Borough; and, 27 28 WHEREAS, the Planning & Zoning Commission held a public hearing on April 18, 2012, 29 and is recommending disposal of this parcel. 30 31 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 32 ISLAND BOROUGH THAT: 33 34 Section 1: The planning & zoning commission, in accordance with Kodiak Island Borough 35 Code Title 18, determines that the 2,038 square foot portion of Lot 7B -1 United States 36 Survey 2538 A, identified in P & Z Case No. 12 -031, is surplus to the public's need. 37 38 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with 39 Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough 40 Assembly approve for disposal the property identified as a portion of Lot 7B -1 United 41 States Survey 2538 A. 42 43 ADOPTED BY THE PLANNING & ZONING COMMISSION 44 OF THE KODIAK ISLAND BOROUGH 45 THIS 18th DAY OF April 2012 46 47 KODIAK ISLAND BOROUGH 48 , pp� ll 40 � i� -f tia- (c n,s �r- 52 ATTEST: Alan Torres, Chair "lam Y D(5 CAa- 53 54 cihP�Oea i �Q 55 hei la Smith, ecretary 56 57 58 59 Kodiak Island Borough P &Z Commission Resolution No. FY2012 -04 Page 1 of 1 :'* * V"( ■ Kodiak Island i orough Community Development Department Y I n� 710 Mill Bay Road 5 a7 ; _ -tt ef Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486 -9396 April 19, 2012 Aimee Kniaziowski, Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Re: Case 12 -031 Request a disposal of borough lands (a portion of Lot 7B -1), per KIBC 18.20, requiring a review and recommendation of a disposal of borough lands by the P &Z Commission, according to KIBC 18.20.030 A. Dear Ms. Kniaziowski: The Kodiak Island Borough Planning & Zoning Commission at their April 18, 2012 regular meeting determined the property is surplus to the borough's needs and granted approval by resolution with a recommendation to the Assembly. The following Findings of Fact were adopted in support of their decision: 1. The Commission has reviewed the subject property's current and proposed uses. 2. The Commission finds that the disposal will allow the use of the land For a public purpose beneficial to the borough. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486 -9310 for information on when this item will be scheduled to be heard by the Assembly. Sincerely, Sheila Smith, Secretary Community Development Dept. CC: Nova Javier, Borough Clerk `* KODIAK ISLAND BOROUGH y' ; AGENDA STATEMENT REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2012 and Ending on the Thirtieth Day of June 2013. (Fiscal Year 2013 Budget) ORIGINATOR: Finance Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No .FFY200113 -01; Excel backup to Ordinance APPROVAL FOR AGENDA � au; ' SUMMARY STATEMENT: ! /yrz`�/ This ordinance includes funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levies a tax on the real and personal property within the Borough. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Finance Director 2 Introduced: 05/17/2012 3 Public Hearing: Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -01 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN 10 THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE 11 KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE 12 FIRST DAY OF JULY 2012 AND ENDING ON THE THIRTIETH DAY OF JUNE 2013 13 (FISCAL YEAR 2013 BUDGET) 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH THAT: 17 18 Section 1: This ordinance is not of general application and shall not be codified. 19 20 Section 2: The following sums of money, or as much thereof as may be authorized by 21 law, as may be needed or deemed necessary to defray all expenses and 22 liabilities of the Kodiak Island Borough, be and the same, is hereby 23 appropriated for municipal purposes and objects of the Kodiak Island Borough 24 and other taxing entities hereinafter specified for the fiscal year commencing 25 on the first day of July 2012 and ending on the thirtieth day of June 2013. 26 27 Section 3: Adoption of this ordinance recognizes that funds are appropriated at 28 department and /or project level. Compositions of these figures are as 29 delineated in the full detail budget document. The full document is available to 30 all elected and appointed officials for their use. Copies may be reviewed by 31 interested citizens at the Borough Building during normal working hours and 32 also at the A. Holmes Johnson, Chiniak, and village public libraries during their 33 normal operating hours. 34 35 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby 36 levied for the value as of January 1, 2012, to be used for the purposes as 37 specified in the Budget for the Fiscal Year 2013 of the Kodiak Island Borough 38 commencing on the first day of July 2011 and ending on the thirtieth day of 39 June 2012 to defray expenses and liabilities of said entity as enumerated in the 40 applicable budgets. 41 42 The millage rates by taxing entity are as follows: 43 A. Kodiak Island Borough .03 mills 44 B. Education Support Fund 9.03 mills 45 C. Womens Bay Road Service Area 2.50 mills 46 D. Womens Bay Fire Dept. 1.25 mills 47 E. Bay View Road Service Area 1.50 mills 48 F. Fire Protection Area No. 1 1.50 mills 49 G. Monashka Bay Road Service Area 2.50 mills 50 H. Service Area No. 1 Roads 1.50 mills Kodiak Island Borough Ordinance No. FY2013 -01 Page 1 of 2 51 I. Woodland Acres Street Light Area 0.25 mills 52 J. Service Area No. 2 0.00 mills 53 K. KIB Airport Fire Area 1.25 mills 54 L. Trinity Islands Street Light Service Area .50 mills 55 M. Mission Lake Tide Gate Service Area 1.00 mills 56 N. Debt Service 1.61 mills 57 O. Renewal and Replacement Fund .08 mills 58 59 Section 5: Commercial Aircraft that have been issued an N number by the Federal 60 Aviation Administration and are less than 12,500 pounds takeoff weight. 61 62 FIXED WING ROTORCRAFT Gross Lbs Annual Tax Gross Lbs Annual Tax Non Flyable $50 0 -1,000 $100 0 -2,000 $400 1,001 -2,000 $200 2,001 -3,000 $800 2,001 -3,000 $400 3,001 -4,000 $1,000 3,001 -4,000 $600 4,001 -7,000 $1,400 4,001 -5,000 $800 7,001- 12,500 $1,600 5,001 -6,000 $1,000 6,001 -7,000 $1,200 7,001 -8,000 $1,300 9,001- 10,000 $1,400 10,001- 12,500 $1,500 63 . 64 Section 6: The tax rate on boats is set at $1 per foot. Boats that are equal to or less than 65 20 feet long are exempt. 66 67 Section 7: Kodiak Island Borough Staff is hereby authorized and directed to effect the 68 necessary line item changes within the limits established above by fund, 69 project, and department to properly monitor, account, and report on the 70 expenditure of these funds. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF 2012 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 ATTEST: Jerome M. Selby, Borough Mayor 80 81 82 83 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 -01 Page 2 of 2 A. General Fund (100) Revenues Percentage Taxes Real Property 0.49% 29,250 Personal Property 0.04% 2,550 Non ad valorem taxes 0.72% 43,500 Payment in lieu of taxes 22.32% 1,345,000 Severance Taxes 25.10% 1,512,581 Penalties & Interest on Tax 2.49% 150,000 Licenses & Permits 1.44% 86,500 Federal Shared Revenue 2.93% 176,500 State Shared Revenue 41.12% 2,477,788 Investments Earnings 3.09% 186,341 Other 0.18% 10,700 Sale of Fixed Assets 0.08% 5,000 Total General Fund Revenues 100.00% 6,025,710 Expenditures FTE Legislative 0 2.92% 175,650 Personnel Services 31,200 Fringe Benefits 6,570 Lobbyist 71,500 Support Services 66,380 Borough Management 4 7.71% 464,543 Personnel Services 275,830 Fringe Benefits 178,620 Contracted Services 0 Support Services 50,093 Allocated (40,000) Borough Clerk 3 8.71% 524,764 Personnel Services 227,000 Fringe Benefits 142,400 Support Services 151,864 Capital Outlay 3,500 Legal Services 0 2.14% 129,000 Cost of Litigation 120,000 Support Services 9,000 1 Ordinance No. FY2013-01 Back -up Info Finance /Accounting 7 13.82% 833,023 Personnel Services 443,660 Fringe Benefits 290,663 Support Services 123,700 Allocated to Projects (25,000) Finance /MIS 4 14.43% 869,770 Personnel Services 305,570 Fringe Benefits 182,620 Contracted Services 25,000 Support Services 273,580 Capital Outlay 145,000 Allocated (62,000) Assessing 5 10.05% 605,710 Personnel Services 316,240 Fringe Benefits 199,790 Contracted Services 10,000 Support Services 92,180 Capital Outlay 500 Allocated to other funds (13,000) Engineering /Facilities 2 2.98% 179,774 Personnel Services 113,750 Fringe Benefits 69,374 Professional Services - Support Services 60,650 Allocated to Projects (64,000) Community Development 5 12.05% 725,804 Personnel Services 369,270 Fringe Benefits 211,034 Professional Services 35,000 Support Services 111,000 Allocated to Projects (500) Building Inspectors 0 2.18% 131,484 Contracted Services 120,000 Support Goods and Services 11,484 Economic Development 0 1.22% 73,600 Professional Services 30,000 Contributions 43,000 Support Goods & Services 600 2 Ordinance No. FY2013 -01 Back -up Info General Administration 0 5.06% 305,100 Personnel Services - Audit Expense 120,000 Contracted Services 10,000 Support Services 150,100 Capital Outlay 25,000 Parks and Recreation 0 0.75% 45,000 Personnel Services 5,000 Contracted Services 18,000 Support Services 22,000 Capital Outlay Emergency Preparedness 0 0.82% 49,500 Personnel Services 5,000 Contracted Services 30,000 Support Goods and Services 14,500 Health & Social Services 0 4.75% 286,315 Contributions 286,315 Education, Culture & Recreation 0 1.60% 96,685 Contributions 96,685 College and Libraries 0 1.44% 87,000 Contributions 87,000 Transfers Out 0 0.23% 7.35% 442,988 Transfers 442,988 Total General Fund Expenditures 6,025,710 3 Ordinance No. FY2013 -01 Back -up Info B. Special Revenue Funds (Revenues and Expenditures) 1 Education Support Fund (201) 9,931,800 2 Child Care Assistance (205) 0 3 Land Sales (210) 325,714 4 Buildings & Grounds Fund (220) 589,178 5 Local Emergency Planning Committee (234) 22,132 6 Women's Bay Road Service Area (240) 206,000 7 Service Area No. 1 (242) 368,500 8 Service Area No. 2 (243) 100 9 Monashka Bay Road Services Area (244) 60,850 10 Bay View Road Service Area (246) 13,000 11 Fire Protection Area No. 1 (254) 535,200 12 Women's Bay Fire Department (252) 119,000 13 KIB Airport Fire Area (254) 13,840 14 Woodland Acres Street Light Area (260) 12,050 15 Trinity Acres Lighting Dist. (261) 5,500 16 Mission Lake Tide Gate (262) 3,970 17 Trinity Acres Paving Dist. 263) 11,000 18 Facilities Fund (276) 850,000 19 Tourism Development (277) 94,810 20 Fern Fuller Trust (290) 66,500 21 Special Projects (295) 0 Total Special Revenue Funds 13,229,144 4 Ordinance No. FY2013 -01 Back -up Info C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 4,855,790 Total Debt Service Funds 4,855,790 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 0 2 Capital Project - School Bonds (420) 0 3 Capital Projects - State Grants (430) 0 4 Capital Project - from 2010 on (450) 0 5 Kodiak High School Renovation and Addition (460) 0 6 Repair and Replacement Projects (469) 2,225,153 6 7 Capital Projects - Landfill (490) 0 7 8 Capital Projects - Hospital (495) 0 Total Capital Projects Funds 2,225,153 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 2,361,549 2 Hospital Enterprise Fund (540) 1,075,600 3 Kodiak Fisheries Research Center (555) 2,122,228 4 911 Service (560) 50,000 Total Enterprise Funds 5,609,377 Total all Funds $ 31,945,174 5 Ordinance No. FY2013 -01 Back -up Info 'ko KODIAK ISLAND BOROUGH a u 0 AGENDA STATEMENT REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.D.1 TITLE: Approval of Revised Planning and Zoning Commission By -Laws. ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: P &Z By -law changes, Minutes from P &Z Meeting approving changes APPROVAL FOR AGENDAG / �„ Ss/ SUMMARY STATEMENT: During the Commission's April 18, 2012 regular meeting, the Commisison reviewed and approved changes to its by -laws and recommended that they be forwarded to the Assembly for approval. The amendments in blue font are the changes recommended by the Commission. RECOMMENDED MOTION: Move to approve the revised Planning and Zoning Commission By -Laws. Kodiak Island Borough Page 1 of 1 Additionally, the property owners purchased these properties with the intent to develop or maintain the current zoning for those lots. I fully understand that this finding of fact is listed under the Variance section of the code but find it applicable due to the financial impact it could create on the actual owner(s). ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -2. The ayes were COMMISSIONERS WATKINS, KERSCH, VAHL, and VINBERG. The noes were COMMISSIONERS JANZ AND SCHMITT. ROLL CALL VOTE ON AMENDED MOTION CARRIED 4 -2. The ayes were COMMISSIONERS WATKINS, KERSCH, VAHL, and VINBERG. The noes were COMMISSIONERS JANZ and SCHMITT. NEW BUSINESS A) Planning & Zoning Bylaws Revision Cassidy reported before you are a number of bylaw changes that were suggested by various commissioners. Should you approve they will go forward to the Assembly for approval. COMMISSIONER SCHMITT MOVED to approve the Planning & Zoning Bylaws as revised and forward to the Assembly with a recommendation for approval. Discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) March Planning & Zoning Results Letters B) Letter re: Sitkinak Cattle Ranch dated March 26, 2012 C) Notice of Compliance re: a Public Safety Hazard dated March 20, 2012 Cassidy gave a brief update on the case results letters from the March meeting and other correspondence. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION REPORTS A) Meeting Schedule: • May 9, 2012 work session at 6:30pm in the KIB Conference Room. • May 16, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • February 28, 2012 Parks & Recreation Committee Meeting • March 13, 2012 Parks & Recreation Committee Meeting C) Abbreviated and Final Approval - Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. P &Z Minutes Page 9 of 11 April 18, 2012 New Business Item 9 -A P &Z -March 21, 2012 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION BY-LAWS ARTICLE I— Authority Pursuant to Section 2.100.150 of the Borough Code, these by -laws of the Kodiak Island Borough Planning and Zoning Commission establish the Commission's procedural rules and order of business, except as otherwise provided by law, subject to approval by the Kodiak Island Borough Assembly. ARTICLE II— Definitions As used in these by -laws: "AS" means Alaska Statutes "Assembly" means the Assembly of the Kodiak Island Borough "Chairperson" means the presiding officer of the Planning and Zoning Commission "Commission" means the Planning and Zoning Commission of the Kodiak Island Borough "Commissioner" means a member of the Planning and Zoning Commission of the Kodiak Island Borough "KIBC" means the Kodiak Island Borough Code "Staff' means member of the Community Development Department ARTICLE III — Powers and Duties The powers and duties of the Commission are spelled out in: A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation (Attachment A); B. KIBC Section 2.105.030 (Attachment 13); C. KIBC Section 2.100.020 D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC Title 18 Borough Real Property. ARTICLE IV— Membership The membership requirements of the Commission are identified in: A. KIBC Sections 2.105.010 and 2.105.020 (Attachment B); and B. KIBC Section 2.100.030 through 2.100.100 (Attachment C). ARTICLE V— Officers and Duties A. Election At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice- Chairperson from among its members. The chair will open nominations, a motion and second will be made to close nominations, and then a roll call vote will be taken. The Vicc- Chairperson shall act in the absence of the chairperson or in the inability of the chairperson to act. (KIBC 2.100.1 10). 13. Duties 1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties normally conferred by parliamentary usage on such office and such duties as may be prescribed by the Commission. 2. The Chairperson may enter into the discussion of a matter before the Commission. 3. In the absence of the Chairperson and Vice - Chairperson, the senior member shall preside at the meeting. ARTICLE VI— Quorum and Voting Requirements A majority (four) of the authorized members of the Commission constitutes a quorum for transaction of business. The affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time and date. Introduction of By -laws Revisions - Page 1 of 4 New Business Item 9 -A P &Z -March 21, 2012 ARTICLE VII -- Meetings' Meetings of the Commission shall be open to the public and notice posted by the Borough Community Development Office (KIBC 2.100.030). However, the Commission may meet privately to deliberate when it is acting in its quasi-judicial role and the meeting is solely to make a decision in an adjudicatory proceeding (AS 44.62.310 (d) (1)). A. Regular Meetings 1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month (KIBC 2.200.030). 2. At 5:00 p.m. on the first working day of each month, the agenda for the following month's regular mccting shall close for public hearing and new business items. B. Special Meetings Special meetings may be called by the Chairperson or the Commission, or the municipal employee who is designated as an ex officio member of the Commission pursuant to Section 2.100.170 of the Borough Code, or a majority of the Commission (KIBC 2.100.130). C. Work Session The second Wednesday of each month will be designated as the packet review work session, with the express purpose of reviewing the information for the upcoming regular meeting. The Commission may schedule other work sessions at its discretion. Audio files shall be kept on file in the Community Development Department subject to the records rctcntion schedule. ARTICLE VIII— Conflict of Interest The rules of conduct regarding conflict of interest are delineated in: A. KIBC Section 2.100.140 (Attachment C); and B. KIBC Section 2.35.010 (Attachment D). ARTICLE IX— Procedure A. Parliamentary Authority 1. The Community Development Department Secretary shall act as Parliamentarian to the Planning & Zoning Commission. B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of Order; Newly Revised (Current Edition) by Henry M. Robert, shall be applicable and shall govern. (KIBC 2.100.150) This does not apply when the Commission is meeting in private to deliberate. Further, as to motions to reconsider, the Commission will follow the procedure of the Assembly, KIBC 2.30.070 P. 1. The order of business at regular meetings shall be as follows: a) Call to Order; b) Pledge of Allegiance; ' Interpretation of "regular meeting" to mean "all scheduled meetings of the Commission, both public hearing meetings and work sessions" approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. 2 The Commission serves in both a legislative and a quasi - judicial fashion. It acts legislatively when it passed on general policy or on the rights of individuals in the abstract. So, the Commission acts legislatively when it makes recommendations to the Assembly regarding the Comprehensive Plan (AS 29.40.020 and .030 and KIBC 2.105.030A); regarding land disposals (KIBC 18.20.030); regarding the annual capital improvement list (KIBC 2.105.030 E); regarding amendments to Titles 16, 17, and 18 or other portions of the code affecting the Commission); regarding amendments to these by -laws (Article XIII, below); and small -scale rezoning (Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 835 (Alaska 2001). It likewise acts legislatively when it makes plans for revitalization and reconstruction of areas within the borough (KIBC 2.105.030. But, the Commission acts in a quasi- judicial fashion when it hears cases involving permitted uses (KIBC 17.15.050); similar uses (KIBC 17.15.090); variances (KIBC 17.195); conditional use permits (KIBC 17.200); vacations (KIBC 16.60); and subdivisions (KIBC 16.10.070). If the Commission is acting to resolve a dispute, it is acting in an adjudicatory or quasi-judicial role. Introduction of By -laws Revisions - Page 2 of 4 New Business Item 9 -A P &Z -March 21, 2012 c) Roll Call; d) Approval of Agenda; e) Approval of minutes; f) Appearance requests and audience comments; g) Public Hearings; h) Old Business; i) New Business; j) Communications; k) Reports and staff comments; 1) Audience Comments; m) Commissioners' Comments; and n) Deliberations; and 0) Adjournment 2. The Commission may vote to dispense with any item on the agenda or to change thc order of business. C. Findings In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission. D. New Information The Commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date. New Information introduced after the fifteen (15) day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. E. Time Limit Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is provided, the meeting will be recessed and reconvened at a time and a place to be established by a majority of the Commission present. F. Ex Parte Contact For all quasi-judicial cases, each member of thc Commission should avoid ex parte contacts or any gathering of ex parte information, such as site visits (unless the site visit has been arranged in advance, all commissioners attend (or are excused) and both a staff member and either the applicant or the applicant's representative also attend. ARTICLE X— Public Hearings A. Notice At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general circulation in the jurisdictional area a notice of the subject, time and place of the hearing. B. Procedures I. Conduct of public hearings The Chairperson shall: a) Preside at all public hearings; b) State a summary of the question or issue at the opening of the hearing, limiting its contents to the subject advertised for hearing; c) Specify the method of conduct of the hearing; d) Assure an orderly hearing, having the power to terminate the hearing if, in his or her opinion, persons become unruly; e) Announce that all questions and comments shall be directed through the Chairperson only after the speaker has been properly recognizcd; 0 Direct each speaker recognized to give their name and, if appropriate, the name of person or organization which the speaker represents; Introduction of By -laws Revisions - Page 3 of 4 New Business Item 9 -A P &Z -March 21, 2012 g) The Chairperson may set a reasonable time limit for the receipt of testimony at public hcarings; h) Direct that all copies of prepared statements be given to the secretary to become a part of the record; i) Call for statements from proponents and opponents giving an equal opportunity for comment; j) Close the hearing to the receipt of public testimony when all who wish to speak have spoken or if thc time limit set by the Chairperson has expired; and, k) Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after Commission members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony. 1) If deemed appropriate by the majority of the commission, the commission will deliberate in private and announce its decision at the conclusion of the deliberations. ARTICLE XI— Reports and Minutes The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall keep minutes of the proceedings and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.160). ARTICLE XII —Ex Officio Members and Staff The duties of ex officio members and staff are delineated in KIBC Section 2.100.170 (Attachment C). ARTICLE XIII — Amendments A. Procedure 1. By -law amendments may be proposed in writing by any Commissioner or staff at a regular meeting. 2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting subsequent to thc introduction of the amendment. B. Approval 1. No amendment shall be effective until approved by the Assembly. Amendment creating Article VI, Scction A through F approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982. Amendments to Article VI— Meetings, and Article VII—Conduct of Meetings, approved by the Commission on September 19, 1984. Ratified by the Assembly on October 4, 1984. Amendments to Article II— Definitions and Article III— Powers and Duties, approved by the Commission on December 18, 1985. Amendments to the entire By -Laws, approved by the Commission on December 21, 1988. Ratified by the Assembly on January 19, 1989. Amendments to Articles I, III, IV, VII, and IX, approved, approved by the Commission on May 21, 2003. Ratified by the Assembly on August 21, 2003. Amendments to Articles VII, X, and XI, approved by the Commission on January 18, 2006. Ratified by the Assembly on March 16, 2006. Amendments to Articles I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, approved by the Commission on March 18, 2009. Ratified by the Assembly on April 2, 2009. Amendments to Articles VII, IX, and X, approved by the Planning & Zoning Commission on June 16, 2010. Ratified by the Assembly on September 3, 2010. Introduction of By -laws Revisions - Page 4 of 4 Agenda Item 9 -A P &Z -March 21, 2012 Attachments to Planning & Zoning By -Laws ARTICLE III - Powers and Duties AS 29.40.010. Planning, Platting, and Land Use Regulation. - Attachment A (a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first obtaining the consent of the city, revoke any power or duty delegated under this section. 2.105.030 Powers and duties. - Attachment B The commission shall accomplish the following: A. Develop, adopt, alter, or revise, subject to approval of the assembly, a comprehensive plan for the physical development of the borough. Such comprehensive plan, with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the commission's recommendations for the development of the borough territory and may include among other things: 1. Development of the type, location, and sequence of all public improvements; 2. The relocation, removal, extension, or change of use of existing or future public ways, grounds, spaces, buildings, properties, and utilities; and 3. The general extent and location of rehabilitation areas. When a comprehensive plan for the borough has been approved by the assembly, amendments, revisions and extensions thereof may be adopted by the assembly after consideration and report of the commission. All amendments, revisions, or extensions shall correspond to major geographical divisions of the borough or to functional divisions of the subject matter of the plan. When such comprehensive plan has been approved by the assembly, no amendments, revisions, or extensions thereto shall be approved, except upon the affirmative vote of four members of the assembly; B. Hold hearings, make recommendations, and review variances and conditional use permits, and otherwise administer the subdivision and zoning provisions as set out in this code; C. Draft an official zoning map of the borough and recommend or disapprove proposed changes in such map; D. Make and adopt plans for the revitalization and reconstruction of areas within the borough that may need it and make and develop plans for the improving and redevelopment of any areas within the borough; E. Submit annually to the assembly, not less than 90 days prior to the beginning of the calendar year, a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the next five -year period. Such list shall be arranged in order of preference with recommendations as to which projects shall be constructed in a specific year; F. Promote public interest in and understanding of the comprehensive plan and of planning, zoning, subdivision and coastal management; oil spill planning; and energy management; G. Make and develop plans for reconstruction or redevelopment of any area or district within the borough which may be destroyed in whole or in part, or damaged by fire, earthquakes, or other disaster; Page l of 3 Attachments to Bylaws Revisions - Page 1 of 3 Agenda Item 9 -A P &Z -March 21, 2012 H. Make investigations regarding any matter related to borough planning; I. Make and prepare reports, prints, plats, and plans for approval by the assembly; and J. Make or cause to be made surveys, maps, and plans relating to the location and design of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street, alley, or playground. For the purpose of implementing this subsection, all departments of the borough considering any such improvement are required, and all public agencies not a part of the borough are required, to inform the commission of the proposed improvement and submit pertinent information to the commission and within such time as will enable the commission to recommend to the assembly whether the proposed improvement is consistent with the general plan and established planning principles. No public improvement shall be authorized by the assembly until the recommendations of the commission shall have been received and reviewed by the assembly. [Ord. 98 -02 §8, 1998; Ord. 85 -26 §1, 1985; Ord. 82 -9 -0, 1982; Ord. 79 -11 -0, 1979; prior code Ch. 5 subch. 1 §3. Formerly §2.40.030]. ARTICLE IV- Membership 2.105.010 Created - Membership. - Attachment B There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Commission membership shall be apportioned so that the number of members from home rule or first class cities within the borough reflects the proportion of borough population residing within those cities. Commission membership shall be reapportioned according to the fluctuation of population within the borough and its home rule and first class cities by resolution of the assembly at the expiration of the terms of commission members. Borough employees may be appointed to serve on the planning and zoning commission unless they are employed by the community development department. Nothing in this section prevents the mayor from appointing additional persons to serve in an advisory or ex officio capacity without regard to apportionment of borough population. [Ord. FY2012 -04 §2, 2011; Ord. 85 -26 -0 §2, 1985; Ord. 79- 11-0, 1979; Ord. 77 -36 -0 §1, 1977; Ord. 73 -20 -0 §1, 1973; prior code Ch. 5 subch. 1 §1. Formerly §2.40.010]. 2.105.020 Terms. - Attachment B The members shall serve for three years; however, of the members first appointed, one -third shall be appointed for three years, one -third for two years, and one -third for one year. Appointment to fill vacancies shall be for the unexpired term only. [Ord. 85 -26 -0 §1, 1985; Ord. 79 -11 -0, 1979; prior code Ch. 5 subch. 1 §2. Formerly §2.40.020]. 2.100.030 Appointments. - Attachment C Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. [Ord. 02 -09 §3, 2002; Ord. 02 -05 §2, 2002; Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.030]. Page 2 of 3 Attachments to Bylaws Revisions - Page 2 of 3 Agenda Item 9 -A P &Z -March 21, 2012 2.100.100 Nominations. - Attachment C The appointing authority shall submit nominations of persons to fill vacancies to the assembly for appointments to be effective January 1st or as soon as practicable. [Ord. 02 -16 §7, 2002; Ord. 87- 29-0 §3, 1987. Formerly §2.39.100]. ARTICLE VIII- Conflict of Interest 2.100.140 Conflict of interest. - Attachment C Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. No member shall represent any person before the board, committee, or commission of which he is a member. [Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.140]. 2.35.010 Conflicts of interest prohibited. - Attachment D A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. B. A municipal officer, appointed official, or employee may not represent a client before the assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four assembly members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four assembly members qualified to vote on the matter are in attendance. E. A municipal officer, appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock. [Ord. 98 -02 §4, 1998; Ord. 84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.010]. ARTICLE XII 2.100.170 Ex officio members and staff. - Attachment C The manager may appoint a borough employee as an ex officio member for the purpose of acting as secretary or to furnish technical advice and information if not provided for in the specific provisions pertaining to the board, committee, or commission. An ex officio member is not entitled to vote on any question nor is an ex officio member a member for the purpose of establishing a quorum. Unless otherwise provided in the section establishing the board, committee, or commission, the manager shall provide or designate any required staff. [Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.170]. Page 3 of 3 Attachments to Bylaws Revisions - Page 3 of 3 ° ° KODIAK ISLAND BOROUGH � .� AGENDA STATEMENT ' tity ' ws REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.D.2 TITLE: Assembly Review of a Planning and Zoning Commission Case Recommending Denial of a Rezone of Certain Properties Along Sharatin Road and Wilton White Way (P &Z Case 12 -022 - Wolf, Arnold, and Breeden). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: P &ZC Packet, Meeting Minutes, Findings of Fact Memo, and Results Letter APPROVAL FOR AGENDA: � - O .{,i SUMMARY STATEMENT: U The Planning and Zoning Commission held a public meeting on March 21, 2012, and DENIED a request to rezone various lots along Wilton White Way and Sharatin Drive From R3- Multifamily Residential To R2 -Two Family Residential. The Commission postponed adopting Findings of Fact to support their denial of the request until the April 18, 2012 meeting. The Commission's Findings were subsequently adopted at that meeting. KIBC 17.205.055(B) states that the commission's action is 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. No such request was submitted and the period to elevate the Commission's decision has expired. Staff recommends that the Assembly uphold the decision of the Commission by failing the motion below. KIBC 17.205.55(B) also requires the Assembly to be notified by the commission of its actions and its findings. RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction to rezone Lots 1- 21, Bk 2, Perez Estates Subdivision from the R3- Multifamily Residential District to R2 -Two Family Residential District. Kodiak Island Borough Page 1 of 1 ** * Kodiak Island Borough t - /--; '' Community Development Department 4 710 Mill Bay Road -; "- ,. % w Kodiak, Alaska 99615 Vii `" Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us April 20, 2012 Alan & Rose Wolf PO Box 791 Kodiak, AK 99615 Re: Case 12 -022. Request an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. Dear Mr. & Mrs. Wolf: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on March 21, 2012 denied your rezone request cited above. The Commission took final action on your request at their April 18, 2012 regular meeting when they adopted their Findings of Fact. Findings of Fact are the commission's formal justification for the action taken. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment, 48% of the lots in the designated area are not developed. There are currently 2 4 -unit buildings that service 8 families. Rezone the subdivision could risk the loss of the property uses if the homes need to be rebuilt. Plat notes had to be changed to allow for safer development of the properties. Access to individual vacant lots can be on Sharatin or Wilton White Way, which reduces traffic congestion. Development of the lots have to meet KIB parking code. This subdivision is an R3 zone and has always been. It was sold as R3 and the first development in it was 4- plexes. The "Nature" of the neighborhood is Multi- Family zoned, with mixed residential and under development, as it has been for years. Re- zoning this land has been looked at several times in the past and consistently rejected because the value of the zoning to the community is high. It is close to arterial access, so as R3 it is well located. The developer sought to keep traffic down on the cul -de -sac area by seeking to have lots access to Sharatin directly and eliminate traffic through several neighborhoods, not just Perez Way. That prior request had the support of staff, the commission and the assembly. R3 property is vital for sustaining a community. It promotes diverse and healthy neighborhoods. This zoning is a vital part of entry into the housing market for many people. It provides affordable housing for families that is modern, safe, and a reasonable distance from schools and stores. Not everybody can go out and buy a home. Those families are often the ones working in the base tiers of our local economy. It is these backs that run our manufacturing here. Without which there is no need for expanded local government, NOAA, Coast Guard, ADF &G, most contractors and most businesses in town. It is the best for the community as a whole and the neighborhood to remain balanced in its economic /social diversity. These are the boots on the ground of "BUILDING AN INCLUSIVE COMMUNITY ". People have the right to develop their property with the expectations they purchased it under, provided by the established zoning. Due diligence is a basic part of buying property and nothing was hidden from anyone. Petitioners requesting an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2- Two- Family Residential. Petitioners concerns relate to topographical restraints of current lots, access, steep driveways, safety due to increased traffic counts, and walk ability of neighborhood. Current mix of existing R3 zoned neighborhood is R2 and R3 structures. Petitioners feel continuity of adjoining R1 and R2 uses are best suited to zoning of R2 desired. Majority of lots in question are owned by local developer opposed to rezone, who has purchased lots under current R3 zoning, with intent to build that which is allowed under current regulations, but also realizes constraints of steep topography and limitations per site development standards for the R3 zone, i.e. no backing out of driveways onto Sharatin Rd. Amendments and Changes 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: By petition of one (1) or more owners of the property within an area proposed to be rezoned. Under this provision the property owner(s) did not petition the Planning and Zoning Department. The rezone request came from the adjacent property owners. It is difficult to change the actual property owner(s) zoning when the actual property owners purchased the property with the intent to develop it under its current zoning (R3). 1720 .020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The comprehensive plan identifies that dense development should be in areas in which water and sewer is available as it is in this area. The comprehensive plan states a goal in which to regulate land uses to balance the rights of private property owners with community values and objectives. Zoning land should meet the needs of the community. Currently, rental property is in high demand so it would do an injustice to the whole Kodiak community to change zoning from R3 to R2, eliminating potential for multi - family development. Changing the zoning goes against the comprehensive plan. It would eliminate a vital component of the Kodiak housing market. Its loss as R3 would be a detriment to the community's long term health and stability. Since the two zones, R3 and R2, are similar, a decision to approve this rezone would have little effect on the objectives of the comprehensive plan. The roads in and out of Perez Estates Subdivision are unpaved (gravel) with no sidewalks. I fail to see how traffic speeds on gravel roads would be an issue. Traffic volumes could possibly increase, depending on what gets built or developed, but traffic speed can be mitigated by traffic management regulations suitable for children playing in the area. Similar traffic regulations are in place along Sharatin (25 MPH) and Puffin Way (20 MHP). R3 Multi- Family Residential District 17.85.010 Description and Intent. To encourage the construction of one - family, two- family and multifamily dwellings. Under this provision I believe changing the zoning would not only violate the rights of the property owner but also violate the intent of the comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. It is recommended that the zoning remain as it has been since the subdivision was planned, R3. There seemed to be a concern about the neighborhood filling in with apartment buildings, the lots are restrictive in their size and topography limiting the construction to smaller multi - family homes. Apartment buildings will not fit on these lots. The zoning as it stands is appropriate and necessary. The community needs R3 land to remain R3 if we plan to maintain property values and grow. Recommend not approving rezone from R3 to R2. Uses are similar. Changing a zone for traffic safety concerns is outside the scope of Title 16 and 17 of KIBC. Traffic speeds are usually established in concert with state DOT &PF and state troopers for appropriate road classifications. Traffic speed concerns can be mitigated by requesting reductions in speeds and posting of appropriate safety signs. Access to Perez Estates lots along Sharatin Rd. have prior approval from the commission to access either from Sharatin Rd. or from Wilton White Way, which will aid in mitigating concerns about topography on those lots. Variances 17.195.050 Approval or Denial. Exceptional physical circumstances or conditions applicable to the property or its intended use or development. Under this item of the approval process the properties are unique in elevation and topography. The limiting development of the actual property owners could create a financial hardship. Additionally, the property owners purchased these properties with the intent to develop or maintain the current zoning for those lots. 1 fully understand that this finding of fact is listed under the Variance section of the code but find it applicable due to the financial impact it could create on the actual owner(s). According fOYCiBC 17.205.055.8: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to appeal the Commission's decision to the Borough Assembly, a $350.00 appeal fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, 4e€C Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Amanda Breeden Dr. William & Janet Arnold Agenda Item 5 P&Z -May 16, 2012 In response to VICE CHAIR WATKINS'S inquiry of whether or not there is a timeline on the old plat that we need to be aware of, Cassidy said yes, preliminary plat is good for two years and Mayor Clarion's plat that was approved well in that time period. COMMISSIONER SCHMITT MOVED to withdraw this request. The public hearing was opened & dosed: There was no public comment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 12 -022. Adopt findings as Findings of Fact in support of the commission's denial of an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 - Two Family Residential. The applicants are Alan & Rose Wolf. The locations are 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. The zoning is R3 - Multi- family Residential. Cassidy reported the commission failed this request 4 -2 to rezone these properties along Wilton White Way to R3 to R2. You postponed findings to this meeting. In your packet, staff put together findings of fact from the emails commissioners sent in, and from the work session it was clear that we confused you more than helped. COMMISSIONER VAHL MOVED to adopt the findings contained in the memorandum dated April 4, 2012, supporting the denial of a request to rezone Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2- Two - Family Residential, as Findings for Case No. 12 -022. During discussion, COMMISSIONER VAHL said finding C1.V is not correct and requested that we insert "recommends non - approval of this request." COMMISSIONER VAHL MOVED TO AMEND the motion to strike finding C.1.V that states the Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. FINDINGS OF FACTS 17.205.020 A. Findings as to the Need and Justificati for a Change or Amendment, 48% of the lots in the designated area are not developed. There are currently 2 4 -unit buildings that service 8 families. Rezone the subdivision could risk the loss of the property uses if the homes need to be rebuilt. Plat notes had to be changed to allow for safer development of the properties. Access to individual vacant lots can be on Sharatin or Wilton White Way, which reduces traffic congestion. Development of the lots have to meet KIB parking code. This subdivision is an R3 zone and has always been. It was sold as R3 and the first development in it was 4- plexes. P &Z Minutes Page 6 of 11 April 18, 2012 Agenda Item 5 P &Z -May 16, 2012 The "Nature" of the neighborhood is Multi- Family zoned, with mixed residential and under development, as it has been for years. Re- zoning this land has been looked at several times in the past and consistently rejected because the value of the zoning to the community is high. It is close to arterial access, so as R3 it is well located. The developer sought to keep traffic down on the cul -de -sac area by seeking to have lots access to Sharatin directly and eliminate traffic through several neighborhoods, not just Perez Way. That prior request had the support of staff, the commission and the assembly. R3 property is vital for sustaining a community. It promotes diverse and healthy neighborhoods. This zoning is a vital part of entry into the housing market for many people. It provides affordable housing for families that is modern, safe, and a reasonable distance from schools and stores. Not everybody can go out and buy a home. Those families are often the ones working in the base tiers of our local economy. It is these backs that run our manufacturing here. Without which there is no need for expanded local government, NOAA, Coast Guard, ADF &G, most contractors and most businesses in town. It is the best for the community as a whole and the neighborhood to remain balanced in its economic /social diversity. These are the boots on the ground of "BUILDING AN INCLUSIVE COMMUNITY ". People have the right to develop their property with the expectations they purchased it under, provided by the established zoning. Due diligence is a basic part of buying property and nothing was hidden from anyone. Petitioners requesting an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 -Two- Family Residential. Petitioners concerns relate to topographical restraints of current lots, access, steep driveways, safety due to increased traffic counts, and walk ability of neighborhood. Current mix of existing R3 zoned neighborhood is R2 and R3 structures. Petitioners feel continuity of adjoining R1 and R2 uses are best suited to zoning of R2 desired. Majority of lots in question are owned by local developer opposed to rezone, who has purchased lots under current R3 zoning, with intent to build that which is allowed under current regulations, but also realizes constraints of steep topography and limitations per site development standards for the R3 zone, i.e. no backing out of driveways onto Sharatin Rd. Amendments and Changes 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: By petition of one (1) or more owners of the property within an area proposed to be rezoned. Under this provision the property owner(s) did not petition the Planning and Zoning Department. The rezone request came from the adjacent property owners. It is difficult to change the actual property owner(s) zoning when the actual property owners purchased the property with the intent to develop it under its current zoning (R3). 17.205.020 B Findings as to the Effect a Chapge or Amendme wo uld have on the OObj'ectives of the Comprehensive Plan. The comprehensive plan identifies that dense development should be in areas in which water and sewer is available as it is in this area. P &Z Minutes Page 7 of 11 April 18, 2012 Agenda Item 5 P&Z -May 16, 2012 The comprehensive plan states a goal in which to regulate land uses to balance the rights of private property owners with community values and objectives. Zoning land should meet the needs of the community. Currently, rental property is in high demand so it would do an injustice to the whole Kodiak community to change zoning from R3 to R2, eliminating potential for multi - family development. Changing the zoning goes against the comprehensive plan. It would eliminate a vital component of the Kodiak housing market. Its loss as R3 would be a detriment to the community's long term health and stability. Since the two zones, 123 and R2, are similar, a decision to approve this rezone would have little effect on the objectives of the comprehensive plan. The roads in and out of Perez Estates Subdivision are unpaved (gravel) with no sidewalks. I fail to see how traffic speeds on gravel roads would be an issue. Traffic volumes could possibly increase, depending on what gets built or developed, but traffic speed can be mitigated by traffic management regulations suitable for children playing in the area. Similar traffic regulations are in place along Sharatin (25 MPH) and Puffin Way (20 MHP). R3 Multi - Family Residential District 17.85.010 Description and Intent. To encourage the construction of one - family, two- family and multifamily dwellings. Under this provision I believe changing the zoning would not only violate the rights of the property owner but also violate the intent of the comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. It is recommended that the zoning remain as it has been since the subdivision was planned, R3. There seemed to be a concern about the neighborhood filling in with apartment buildings, the lots are restrictive in their size and topography limiting the construction to smaller multi- family homes. Apartment buildings will not fit on these lots. The zoning as it stands is appropriate and necessary. The community needs 113 land to remain R3 if we plan to maintain property values and grow. Recommend not approving rezone from R3 to R2. Uses are similar. Changing a zone for traffic safety concerns is outside the scope of Title 16 and 17 of KIBC. Traffic speeds are usually established in concert with state DOT &PF and state troopers for appropriate road classifications. Traffic speed concerns can be mitigated by requesting reductions in speeds and posting of appropriate safety signs. Access to Perez Estates lots along Sharatin Rd. have prior approval from the commission to access either from Sharatin Rd. or from Wilton White Way, which will aid in mitigating concerns about topography on those lots. Variances 17.195.050 Approval or Denial. Exceptional physical circumstances or conditions applicable to the property or its intended use or development. Under this item of the approval process the properties are unique in elevation and topography. The limiting development of the actual property owners could create a financial hardship. P &Z Minutes Page 8 of 11 April 18, 2012 Agenda Item 5 P&Z -May 16, 2012 Additionally, the property owners purchased these properties with the intent to develop or maintain the current zoning for those lots. 1 fully understand that this finding of fact is listed under the Variance section of the code but find it applicable due to the financial impact it could create on the actual owner(s). ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -2. The ayes were COMMISSIONERS WATKINS, KERSCH, VAHL, and VINBERG. The noes were COMMISSIONERS JANZ AND SCHMITT. ROLL CALL VOTE ON AMENDED MOTION CARRIED 4 -2. The ayes were COMMISSIONERS WATKINS, KERSCH, VAHL, and VINBERG. The noes were COMMISSIONERS JANZ and SCHMITT. NEW BUSINESS A) Planning & Zoning Bylaws Revision Cassidy reported before you are a number of bylaw changes that were suggested by various commissioners. Should you approve they will go forward to the Assembly for approval. COMMISSIONER SCHMITT MOVED to approve the Planning & Zoning Bylaws as revised and forward to the Assembly with a recommendation for approval. Discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) March Planning & Zoning Results Letters B) Letter re: Sitkinak Cattle Ranch dated March 26, 2012 C) Notice of Compliance re: a Public Safety Hazard dated March 20, 2012 Cassidy gave a brief update on the case results letters from the March meeting and other correspondence. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION REPORTS A) Meeting Schedule: • May 9, 2012 work session at 6:30pm in the MB Conference Room. • May 16, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • February 28, 2012 Parks & Recreation Committee Meeting • March 13, 2012 Parks & Recreation Committee Meeting C) Abbreviated and Final Approval - Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. P &Z Minutes Page 9 of 11 April 18, 2012 Staff Memorandum DATE: April 4, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 18, 2012 Regular Meeting CASE: 12 -022 APPLICANTS: Dr. Alan & Rose Wolf Dr. William & Janet Amold Mark and Amanda Breeden REQUEST: Approval of Findings, according to KIBC Chapter 17.205.020, supporting the denial of rezone request for Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential t.4 R2- Two - Family Residential. LOCATION: Lots 1 through 21, Block 2, Perez Estates Subdivision ZONING: R3- Multi - Family Residential Zoning District APPLICABLE REGULATIONS: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.205.020 Report from planning and zoning commission. 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: A. Findings as to need and justification for a change or amendments; 8. 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. COMMENTS The Commission, by a vote of 4 noes to 2 ayes, denied the request to rezone Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2- Two- Family Residential at the March 21, 2012, Regular Meeting. The Commission, by unanimous vote, S1 the required findings until the April 18, 2012, Regular Meeting. Because the draft findings submitted by the commission were received shortly before the packet deadline, staff was unable to try and meld them together into a more succinct outline. In the alternative, the findings are listed below as submitted by each commissioner, with only minimal editing for grammar and spelling. The draft findings are listed by the initial of the last name with the exception of Commissioner Vinberg who is designated by the letter S. It is recommended that the commission review the proposed draft findings with an eye towards any needed edits or amendments prior to adoption. RECOMMENDATION Staff recommends that the Commission adopt findings supporting their recommendation to deny the rezone request that can then be reported to the Kodiak Island Borough Assembly. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt the findings contained in the memorandum dated April 4, 2012, supporting the denial of a request to rezone Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2- Two - Family Residential, as Findings for Case No. 12 -022. PROPOSED DRAFT FINDINGS Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. A.1.V 48% of the lots in the designated area are not developed. A.2.V There are currently 2 4 -unit buildings that service 8 families. Rezone the subdivision could risk the loss of the property uses if the homes need to be rebuilt. A.3.V Plat notes had to be changed to allow for safer development of the properties. A.4.V. Access to individual vacant lots can be on Sharatin or Wilton White Way, which reduces traffic congestion. A.5.V Development of the lots have to meet KIB parking code. A.6.W This subdivision is an R3 zone and has always been. It was sold as R3 and the first development in it was 4- plexes. The "Nature" of the neighborhood is Multi - Family zoned, with mixed residential and under development, as it has been for years. Re- zoning this land has been looked at several times in the past and consistently rejected because the value of the zoning to the community is high. It is close to arterial access, so as R3 it is well located. The developer sought to keep traffic down on the cul -de -sac area by seeking to have lots access to Sharatin directly and eliminate traffic through several neighborhoods, not just Perez Way. That prior request had the support of staff, the commission and the assembly. R3 property is vital for sustaining a community. It promotes diverse and healthy neighborhoods. This zoning is a vital part of entry into the housing market for many people. It provides affordable housing for families that is modern, safe, and a reasonable distance from schools and stores. Not everybody can go out and buy a home. Those families are often the ones working in the base tiers of our local economy. It is these backs that run our manufacturing here. Without which there is no need for expanded local government, NOAA, Coast Guard, ADF &G, most contractors and most businesses in town. It is the best for the community as a whole and the neighborhood to remain balanced in its economic /social diversity. These are the boots on the ground of "BUILDING AN INCLUSIVE COMMUNITY ". People have the right to develop their property with the expectations they purchased it under, provided by the established zoning. Due diligence is a basic part of buying property and nothing was hidden from anyone. A.7.S Petitioners requesting an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 — 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 -Two- Family Residential. Petitioners concerns relate to topographical restraints of current lots, access, steep driveways, safety due to increased traffic counts, and walk ability of neighborhood. Current mix of existing R3 zoned neighborhood is R2 and R3 structures. Petitioners feel continuity of adjoining R1 and R2 uses are best suited to zoning of R2 desired. Majority of lots in question are owned by local developer opposed to rezone, who has purchased lots under current R3 zoning, with intent to build that which is allowed under current regulations, but also realizes constraints of steep topography and limitations per site development standards for the R3 zone, i.e. no backing out of driveways onto Sharatin Rd. A.8.K Amendments and Changes 1. 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: c. By petition of one (1) or more owners of the property within an area proposed to be rezoned. Under this provision the property owner(s) did not petition the Planning and Zoning Department. The rezone request came from the adjacent property owners. It is difficult to change the actual property owner(s) zoning when the actual property owners purchased the property with the intent to develop it under its current zoning (R3). 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B.1.V The comprehensive plan identifies that dense development should be in areas in which water and sewer is available as it is in this area. B.2.V The comprehensive plan states a goal in which to regulate land uses to balance the rights of private property owners with community values and objectives. Zoning land should meet the needs of the community. Currently, rental property is in high demand so it would do an injustice to the whole Kodiak community to change zoning from R3 to R2, eliminating potential for multi- family development. B.3.W Changing the zoning goes against the comprehensive plan. It would eliminate a vital component of the Kodiak housing market. Its loss as R3 would be a detriment to the community's long term health and stability. B.4.S Since the two zones, R3 and R2, are similar, a decision to approve this rezone would have little effect on the objectives of the comprehensive plan. The roads in and out of Perez Estates Subdivision are unpaved (gravel) with no sidewalks. I fail to see how traffic speeds on gravel roads would be an issue. Traffic volumes could possibly increase, depending on what gets built or developed, but traffic speed can be mitigated by traffic management regulations suitable for children playing in the area. Similar traffic regulations are in place along Sharatin (25 MPH) and Puffin Way (20 MHP). B.5.K R3 Multi - Family Residential District 2. 17.85.010 Description and Intent. a. To encourage the construction of one - family, two- family and multifamily dwellings. Under this provision I believe changing the zoning would not only violate the rights of the property owner but also violate the intent of the comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. C.1.V The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. C.2.W It is recommended that the zoning remain as it has been since the subdivision was planned, R3. There seemed to be a concern about the neighborhood filling in with apartment buildings, the lots are restrictive in their size and topography limiting the construction to smaller multi - family homes. Apartment buildings will not fit on these lots. The zoning as it stands is appropriate and necessary. The community needs R3 land to remain R3 if we plan to maintain property values and grow. C.3.S Recommend not approving rezone from R3 to R2. Uses are similar. Changing a zone for traffic safety concerns is outside the scope of Title 16 and 17 of KIBC. Traffic speeds are usually established in concert with state DOT &PF and state troopers for appropriate road classifications. Traffic speed concerns can be mitigated by requesting reductions in speeds and posting of appropriate safety signs. Access to Perez Estates lots along Sharatin Rd. have prior approval from the commission to access either from Sharatin Rd. or from Wilton White Way, which will aid in mitigating concerns about tophography on those lots. C.4.K Variances 3. 17.195.050 Approval or Denial. a. Exceptional physical circumstances or conditions applicable to the property or its intended use or development. Under this item of the approval process the properties are unique in elevation and topography. The limiting development of the actual property owners could create a financial hardship. Additionally, the property owners purchased these properties with the intent to develop or maintain the current zoning for those lots. I fully understand that this finding of fact is listed under the Variance section of the code but find it applicable due to the financial impact it could create on the actual owner(s). Rezone Case # 12 -022, Old Business, Findings of Fact 17.205.020: Report from Planning and Zoning Commission. Amendments and Changes 1. 17.72.030 Manner of initiation. Changes in.this title may be initiated in the following manner: c. By petition of one (1) or more owners of the property within an area proposed to he rezoned. Under this provision the property owner(s) did not petition the Planning and Zoning Department. The rezone request came from the adjacent property owners. It is difficult to change the actual property owner(s) zoning when the actual property owner purchased the property with the intent to develop it under its current zoning (R -3). R -3 multifamily Residential District 2. 17.20.010 Description and Intent. a. To encourage the construction of One family, two family and multifamily dwellings. Under this provision I believe changing the zoning would not only violate the rights of the property owner but also violate the intent of the comprehensive plan. Variances 3. 17.66.050 Approval or Denial. a. Exceptional physical circumstances or conditions applicable to the property or its intended use or development. Under this item of the approval process the properties are unique in elevation and topography. The limiting development of the actual property owners could create a financial hardship. Additionally, the property owners purchased these properties with the intent do develop or maintain the current zoning for those lots. 1 fully understand that this finding of fact is listed under the Variance section of the code but is applicable due to the financial impact it could create on the actual owner(s). Sheila Smith From: Rick Vahl <rdvahl @gmail.com> Sent: Tuesday, April 03, 2012 7:05 PM To: Sheila Smith Subject: Re: Your Findings I'm sorry about the delay, but I have been taking care of Melody and my new baby girl!!! So excited to be a DAD!! Finding of Fact for case 12 -022 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. L. 48% of the lots in the designated area are not developed. 2. There am currently 2 4-unit buildings that service 8 families. Rezoning the sub - division could risk the Toss of the property uses if the homes need to be rebuilt. 3. Plat notes had to be changed to allow for safer development of the properties. 4. Access to individual vacant lots can be on Sharatin or Wilton White Way, which reduces traffic congestion. 5. Development of the lots have to meet KIB parking code. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 1. The comprehensive plan identifies that dense development should be in areas in which water and sewer is available as it is in this area. 2. The comprehensive plan states a goal in which to regulate land uses to balance the rights of private property owners with community values and objectives. Zoning land should meet the needs of the community. Cunently, rental property is in high demand so it would do an injustice to the whole Kodiak community to change zoning from R -3 to R -2, eliminating potential for multi - family development. If you have any questions, please give me a call at home 486 -3344 or my cell 907 - 947 -5489 (not very good reception at my house). Thanks, Rick On 4/3/12, Sheila Smith <ssmith(a)kodiakak.us> wrote: > Rick > We need your findings! Can you send them to me? Thanks! > > Thanks, > Sheila Smith,Secretary > Kodiak Island Borough > Community Development > Ph. 907 -486 -9363 Fax 907 -486 -9396 > PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this > e -mail are subject to provisions of the Alaska Statutes and may be > made available to the public upon request. 1 • ( �I� Hi Sheila here is my DRAFT for sending to the other commissioners. Thanks Brent Findings of fact Case Rezone / Perez Estates A) This subdivision is an R -3 zone and has always been. It was sold as R -3 and the first development in it was 4- plexes The "Nature" of the neighborhood Multi family zoned, with mixed residential and under development, as it has been for years. Re- zoning this land has been looked at several times in the past and consistently rejected because the value of the zoning to the community is high. It is close to arterial access, so as R -3 it is well located . The developer sought to keep traffic down on the cul -de -sac area by seeking to have lots access Sheratine directly and eliminate traffic through several neighbor hoods not just Perez Way and was had the support of Staff and the Commission and Assembly. R -3 property is vital for sustaining a community. It promotes diverse and healthy neighbor hoods. This zoning is a vital part of entry into the housing market for many people . It affordable housing for families that is modern ,safe, a reasonable distance from schools and stores. Not everybody can go out and buy a home. These families are often the ones working in the base tiers of our local economy, it is these backs that run our manufacturing here. With out which there is no need for expanded local government, NOAA, Coast guard, ADF &G most contractors and most business in town. It is best for the community as a whole and the neighborhood to remain balanced in its economic/ social diversity. This is the boots on the ground of" BUILDING AN INCLUSIVE COMMUNITY" People have the right to develop their property with the expectations they purchased it under, provided by the established zoning. Due Diligence is a basic part of buying property nothing was hidden from anyone. B) Changing the zoning goes against the Comp. plan . It would eliminate a vital component of the Kodiak housing market . Its loss as R -3 would be a detriment to the community's long term health and stability C) It is recommended that the zoning remain as it has been since the subdivision was planned, R -3. There seemed to be a concern about the neighbor hood filling in with apartment buildings, the lots are restrictive in their size and topography limiting the construction to smaller multi- family homes. Apartment buildings will not fit on these lots. The zoning as it stand is appropriate and necessary. The conununity needs R -3 land to remain R -3 if we plan to maintain property values and grow. Jai / ic9/4 Rezone Findings of Fact Criteria 17.205.020 Report from planning and zoning commission. 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; A. Findings as to need and justification for a change or amendments: Petitioners requesting an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1- 21, Block 2, Perez Estates Subdivision from R3 Multi- Family Residential to R2 Two - Family Residential. Petitioners concerns relate to topographical restraints of current lots, access, steep driveways, safety due to increased traffic counts, and walk ability of neighborhood. Current mix of existing R3 zoned neighborhood is R2 and R3 structures. Petitioners feel continuity of adjoining Rl and R2 uses are best suited to zoning of R2 desired. Majority of lots in question are owned by local developer opposed to rezone, who has purchased lots under current R3 zoning, with intent to build that which is allowed under current regulations, but also realizes constraints of steep topography and limitations per site development standards for the R3 zone, i.e. no backing out of driveways onto Sheratin Rd. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive Plan; and Since the two zones, R3 and R2, are similar, a decision to approve this rezone would have little effect on the objectives of the comprehensive plan. The roads in and out of Perez Estates Subdivision are unpaved (gravel) with no sidewalks. I fail to see how traffic speeds on gravel roads would be an issue. Traffic volumes could possibly increase, depending on what gets built or developed, but traffic speed can be mitigated by traffic management regulations suitable for children in playing in the area. Similar traffic regulations are in place along Sheratin (25 MPH) and Puffin Way (20 MPH). C. Recommendations as to the approval or disapproval of the change or amendment. Recommend not approving rezone from R3 to R2. Uses are similar. Changing a zone for traffic safety concerns is outside the scope of Title 16 and 17 of KIBC. Traffic speeds are usually established in concert with state DOT &PF and state troopers for appropriate road classifications. Traffic speed concerns can be mitigated by requesting reductions in speeds and posting of appropriate safety signs. Access to Perez Estates Subdivision lots along Sheratin Rd. have prior approval from the commission to access either from Sheratin Rd. or from Wilton White Way, which will aid in mitigating concerns about topography on those lots. Old Business Item 9 -A 4astalje.tieefifig4 P &Z -March 21, 2011 .: ., Kodiak Island Borough Zoning Map i p Community Development Department @nom 9.200520022 t r �� Request: investigation, according Qj�e 27205.030.B goo Petitioner: Cli,abil r.r..p . r rezone Ll€i I through a2 Block 2 Perez Estates Subdivision gm @ b and Janet Ar old R3-Multi-family Residential o Gt �AaitlAmanda Breeden y QJQC�Two- family Residential. KIB Comm ission 0 225 450 900 ce w — ®� -..� � wi I r t i Feet 1 i r ( tr. At w : VP' P ' ( 4 SA, : a, 41.kc." P ? 3r•y it "opt ^ ,J0 �1 . ,( -- ow4.-.. 4PA4v ro g f ik t s..5.et USS 3469 a. ® #4, z °GSS °7 ,..> 4\ ,,,. 41). 4,4 4g 0 A G A , g ar 4t 4 , T. 4 4P4404. 4* / 4 1/4\t t , ...'". „ t% !\ pd Zoning Legend I Public Use Lands I I Rural Residential 1 - Multi Family Residential ! __ Light Industrial l i Watershed I I Rural Residential 2 all Business - Rural Neighborhood Commercial I Conservation Single Family Residential =;r^r Retail Business ® Urban Neighborhood Commercial Rural Residential Two Family Residential I Industrial I I Natural Use I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of sham ng the general location of a property within the Kodiak Island Borough. This map does not represent a suney. More information about the mappng data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 666 -9333 Introduction - Page 1 of 6 Public Hearing Item 7 -A C-- —I h 0 S D 0 0o 1 ncn!on II y in E o_o i Introduction - Page 2 of 6 Public Hearing Item 7 -A Current Use P &ZCase# 12 -022 Request: An investigation, according to KIBC 17.205.030.B & C to Petitioner: Dr. Alan and Rose Wolf rezone Lots 1 through 21, Block 2, Perez Estates Subdivision from Dr. William and Janet Arnold Mark and Amanda Breeden R3- Multi- family Residential to R2- Two - family Residential. KIB P &Z Commission ill TRACT A -1 rw1 : �� .. �� iier „O• CO C■I 4ry <j P • 4.441,0...;* * .." IP' M Mp Y .'' �t U) (1) 0. . 4 o q, 017 Pt*/ A .: . : it �. • C 1(11 I 'r 4 % f . h ^P a ",* . • ^ �' Z ^ ^� A � 0 5 Q 3 B rn ry ti % `V t ,, J ,P fr w A mory "1.• ito L ♦ ■ I• � • �` Nt..,-Pi ' ry rya ^� ' • „. ^ S „. ^�rya� ' - p� s.,,,, �” h f f 6 � c ' • USS 3218 1 .,; ' * p� s'0 a,s xoA z ry 3 USS 3469 ��` ^ ° G , o r e GA G ^ti AA SP ♦ ryvP , P 4 44* �QP m ^¢ 3227 O t p� 4'''' 4 � �' O - m P o a ' N(`'3,1".. a G� � ®® 410, ` � ,..q• a �� T co, N CP N h ��► � ANNA WA '\ p , • r b CI AF O ,,,, -6\ i, ,,,.. Kodiak Island Borough GIS System a , 0 180 360 720 1,080 1,440 1Feet 4 1111 I This map was prepared from the Kodiak Island Borough's GIS System. It i5 provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Introduction - Page 3 of 6 Public Hearing Item 7 -A T h ❑ D in _ S a0 _ ntn , nit _ . _ _ D ft D _ O n Introduction - Page 4 of 6 Public Hearing Item 7 -A r Kodiak Island Borough Land Use Map Co mmunity Development Department j _J i MS Basetft 1.2 :022;.1, ' Request: at investigation, aceording f0OS,jY/.205 030.B C Petitioner Dr. S,Qj rezoneLtca a through E Subdivision (t lull ' M. and Janet Arnold : >• - R3-Multi-family ResidentialRA�Two- family Residential. "' ' `Mark and Amanda Breeden .C{Commission VAC N,/ 0 1 25 250 •00 SFR 4FR 4FR I 1 1 1 r Feet 4FR VA VAC SFR SCH VAC #1 4 44 14 p#4,4, 4 4 It 4 s. 4 a , • t I i SFR ifur - g 4 111r a SFR SFR ® .4 SFR SFR Aht itah.. 4 op iiii% ® VAC SFR SFR SFR SFR VAC VAC VAC = Vacant CHR = Church WRH - Warehouse SCH = School SFR = Single- family Residential SMA = Single - Family w /Mother -in -Law Apt. MHP = Mobile Home Park 4FR = Fourplex 2FR = Two - family Residential ACC = Accessory MFR = Multi- family Residential This map was prepared from the Kodiak Island Boroughs GI5 System. 11 is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department 91(90/)486 -9333 Introduction - Page 5 of 6 Public Hearing Item 7 -A L_ Th!s ao, I nn!onII y 0 E 0 o • Introduction - Page 6 of 6 Public Hearing Item 7 -A • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property Information Property ID Number /s Property o w n e r ' s name D ' UX I • I?P�(e � pd_oc.(i� a Legal Desertion Pr erty, owner's mailing ddress _ 3 K • oakAk, q q 15 Current Zoning: �7 y J City State n I ^ g , � Applicable Comprehensive Plan: a t W 0 t '�( -, I l /n �,� U • Y of Plan adoption: IYC - i 46 -a +81p 4% -.3 )8 I a14R , Home phone Work Phone E- ail Addr. Present Use of Property: I2,3 • Agent's name (If applicable) Agent's mailing address • Proposed Use of Property: o City State Zip • • Home phone Work Phone E -mail Addr. • • (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) . Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may Include optional supporting documentation as indicated below. & wneWs1 ddi6onal Narrative/History _ As -built Survey Photographs ✓ Maps - Other na tur Date Authorized Agent's Signature Date 'A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, Including topography vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress an. al reit; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surroundin , C - i . tent; and any other information that reasonably may be required in order that an informed decision can be made by the a ff‘ t 4 (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFtetk1121N et cp . � t Code Section(s)Involved: /ar, />'.0 0. � I A Variance (KIBC 17.66.020) $250.00 d ? - m� � Conditional Use Permit (KIBC 17.67.020.B) $250.00 ;•e, IC 1.? t';;: ' 7_, C,:.C:i is Other (appearance requests, site plan review, etc.) $150.00 Zoning change from E 3 to ,p (KIBC 17.7 130 and 030.C)" . / �r6 " S 7 ✓/ l r rr 1 4.' '; ,, 3 - tel.: Application received by: 1 Staff signature l0 "�/Utt _ - t_ -O Application - Page 1 of 16 PAYMENT DATE Kodiak Island Borough P CA wilid 10/17/2011 710 Mill Bay Rd. 2012- 00000162 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2012 - 00000409 RECEIVED FROM CASHIER Alan and Rose Wolfe Cashier DESCRIPTION Zoning Change « y ' "� ;rRECEIP,T?DESCRIP,TION' ztre OUNf' Zoning Change I Zoning Change Fee $750.00 Zoning Change Payments: Type Detail Amount Charge $750.00 OCT 17 2011 Kodiakisland Borough Finance DeDartmP Total Amount: $750.00 Printed by: Cashier A P , 119 1 2 16 10117/2011 03:56:17 PM Public Hearing Item 7 -A REQUEST FOR RE- ZONING ON PLAT 2000 -8 Petitioners: Dr William and Janet Arnold Lot 17A -1 3300 Wilton White Way, Mark and Amanda Breeden Lot 11 3265 Wilton White Way, and Dr Alan and Rose Wolf Lot 20 3218 Wilton White Way. We would like to begin our request for re- zoning by referencing the Kodiak Island Borough Title 16 (Subdividions) 16.10.010 Purpose The purpose of this title is to: A. Provide minimum standards for survey accuracy and proper preparation of plats. B. Promote and protect the public health, safety, and general welfare. C. Provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land. This request is for consideration of re- zoning from R3 to R2 for lots 20, 12, 2 -10 Block 2, Perez Estates Subdivision. The history of this subdivision has seen requests for access to the Tots from Sharatin Road, access from Wilton White Way or optional from either Sharatin or Wilton White Way. There has also been a previous request for re- zoning from R3 to R2 which appears to have gone by the way side for some unknown reason. Our concern about R3 structures on the lots listed above would be as follows: Proper preparation of plats: Topographical constraints on Lots 5 -10 having a steep grade, soft soil and loose gravel. In order to develop these lots, it would require soil to be disturbed and in some cases added to diminish the steep grade. This could make for an unstable foundation for an R3 structure, which has a great amount of weight. It would also create a steep drive way on the Wilton White Way access road which would diminish parking potential and/or be a safety hazard if a car rolled down the drive way during but not limited to icy, winter conditions. If the access were to be Sharatin, the weight of the parking structure would also be a burden on the foundation and the existing road structure of Sharatin, which is a collector street. Soil erosion would cause drainage disruption with the potential of flooding other residences, the structure itself, roads and neighborhoods. This is not just a supposition; it has already been a problem with one residence on Wilton White Way. Promote and protect the public health, safety and general welfare: Lots 20, 2 -10 and lot 12. R3 structures regardless of access would cause public health, safety and welfare concerns. As it has been addressed in the past, the addition of greater traffic is a huge concern for the safety of community members of Kodiak and this subdivision. R3 structures typically have multifamily residents which have one or more vehicles. Wilton White Way is a small cul- de-sac so traffic is limited to a narrow road. Children ride Application - Page 3 of 16 Public Hearing Item 7 -A bikes, skate boards and play kick -ball in this cul -de -sac. Residents walk to their mail box along the road, to and from work and begin exercise walks on Wilton White Way, Sharatin and Perez; if there is a higher amount of traffic accessing these roads this increases the potential for harm. The Wilton White Way cul -de -sac also has a limited amount of space for vehicles to turn around. All traffic also must access Perez Street whose residents are also concerned with an increase in traffic on a road that already has two R3 structures with many vehicles that use Perez. If the R3 structures accessed Sharatin, this would also create a safety concern not only for the R3 residents, but also for all those living off of Sharatin, which already is a high traffic road. It is the access road for all the R3 structures on Sharatin, the many single family homes and a short cut road for those living along Spruce Cape and it is a collector street for additional subdivisions. Children and adults alike walk along Sharatin and at this time the only safe side of the road is the Block 2 Perez Subdivision side. Adding an R3 structure that accesses Sharatin with multiple vehicles would be a safety hazard for cars and pedestrians alike when residents would drive to and from their homes. During our darker icy winter days this concern becomes even more heightened. Parking for an R3 structure if more than one family has visitors could double or triple the safety risk. It would sadden me for additional traffic to limit individuals from walking to church, the Community Park and work. The addition of more vehicles could also increase the risk of vehicle accidents. The Welfare of the current and future residents is a concern. R3 structures have a greater volume of waste, traffic, noise and population. Can either Wilton White Way or Sharatin provide a safe, healthy environment for its current (and future) residents if R3 structures were to be built? Providing the best subdivision of Land; Lots currently having access to Spruce Cape Road are RI or R2, so the integrity and continuity of the neighborhood would be disrupted with R3 structures. I am not sure why Block 2 of Perez Estates was originally zoned R3 and why it was not changed to R2. R3 structures in Block 2 lots 2 -10, 11 and 20 would increase traffic, increase the potential for harm, cause soil disruption and erosion, decrease property values, change the topography of the neighborhood and disturb current road conditions on Wilton White Way, Perez and Sharatin. We the Petitioners greatly appreciate your consideration of this request. We are all passionate about our community and the safety of our neighborhood and environment and we trust that the Planning and Zoning committee is also. Application - Page 4 of 16 Public Hearing Item 7 -A KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd.,Room 205, Kodiak, AK 99615- 6398(907)486- 9363- Fax(907)486 -9396 www.kib.co.kodiak.ak.us PROPERTY INFORMATION Property ID Numbers Legal Description Zone Type Lot 2 21587 Perez Estates BK 2 LT2 3 Lot 3 21588 Perez Estates BK 3 LT3 3 Lot 4 21589 Perez Estates BK 4 LT4 3 Lot 5 21590 Perez Estates BK 5 LT5 3 Lot 6 21591 Perez Estates BK 6 LT6 3 Lot 7 21592 Perez Estates BK 7 LT7 3 Lot 8 21593 Perez Estates BK 8 LT 8 3 Lot 9 21594 Perez Estates BK 9 LT 9 3 Lot 10 21595 Perez Estates BK 10 LT 10 3 Lot 12 21597 Perez Estates BK 12 LT 12 3 Lot 20 21605 Perez Estates BK 20 LT20 3 Current Zoning: R3 Applicable Comprehensive Plan: Please see enclosed Year of Plan adoption: Plat 200 -8 Present Use of Property R3 Proposed Use of Property R2 Application - Page 5 of 16 Public Hearing Item 7 -A PROP_I0 Shape_Leng Shape_Area 21597 430.74232179100 8581.98170513000 21596 360.34293909700 8080.33113891000 . 21595 360.34188890900 8080.28695019000 21594 360.34267718500 8080.32050525000 21593 360.34083875800 8080.24236926000 21592 360.34287332600 8080.32953682000 21591 378.33614854200 8854.31035870000 21589 589.47274018700 10756.73490430000 21590 379.40685615300 8910.16881370000 21588 408.93814779600 8112.26306826000 85616.96935052000 1.96549516415 RCP-05 Application - Page 6 of 16 Public Hearing Item 7 -A 9/46 Public Hearing Item 7 -8 llama e g. y Request Preliminary ayproval,raccomlinyriu'KlBC. 16(40, iP'& Z Case •St1 01.4 . Ito :amend;ainote(srgntWIat '400018, elatiny.teaccess KodiakMentures, IInc. 'frnnryard setback calculate ?ms (-- rj - elit • - _� , 1 4 2 r t -: r ° S. d p 0a) e • 7 -• . 9 —Kt" aylfetr ',AV: '' 4 0. , _. ->,..., ti 4i 7 :t.,,,., , rr ' reT � /, ri f �j j o r e A � jai, t 3 , dire y • , i /.'Y: b /,� j ,. , T. ,{' e 7?ge t ^" if .i' o V fib 1: - /' /�' of l e / p �{ . t "' . ^4 '?; { d , . ' f tea,, A °, Legend r . k e r .. * +1 { �� ii. .` , T n J i , . N 1 � . • a M Subject Parcels • .. f ( �i' s `a v t e /r ♦• ' . Rc `k - •1 `41 S IS4:' Cnnj `a'r 0- i ,s w � ♦ t ' ' t• 4.7 . ' " ""� l ,d ,—,c--‘,....1,-,:-,. V 1 ccr •F it • > S o' i ` { , d ;s n ' t'o �y ° �M� ` ' Tfk r /i' }'f}: 4 ,'/ 14'i: 4, - , F.- JF 42.' R , _• r d� r �S •'F 4° af,.t1. • �, ' F i t • Kodiak isiand Borough GIS System t er n r r j W ,�l, E TN.. 90 169 360 540 720 ','� _.... Feet S TIM rep was premed tan the Kodak !Sand Bangte GI96yt. nN prodded rer to Pa m oIenei a no wend buYa1 era nee MPIn Ov Kotlat 19 ,d Bunch. TN, ma p dm M wawa jury. Mora bdrereme Maur t e esp eg data m be alaiad by contscti9 the KMIi* Mbne 1300.101 IT Oep.Nmnt M N07) 466033. Introduction - Page 5 of B Application - Page 7 of 16 Public Hearing Item 7 -A 1 K t' 17/16 ! '� II 1 t[ t H aa Item 7 -8 I! 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"e1 ` t t1 !'1 • J I , s � F � , r � � y.A f�� z , v7Ar ,P7 R 3 �fe v� �� ! >S +t3 « �'1'1,�' • °• . - e , i. s g, 8 R sq, �� a n s.. . m y.- 'kill : ' . 7 �a,,�i ,S r,M,,+y. r�l r .' ^d ;It' f r , , p M �; 7 r r ot +a O y � y ° - °}. {r.+, ' . # % oc 1 - t t. •. t •:•. Y 4 ✓ ♦�' +< r'3•1 F '=!r •4,11/4,,`"1 r - . q 411 �. f li ` . • ,r, i.' ., :i• t « • {J. • ' ' - a _ .., ' ° z r • . .r «. y t �• rLL , � , W '�.'yS .,�� { F3 q C Y 4 1 i• r . •f "61. °204 4 l t't� i � ry i • Public Hearing Item 7 -A KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 , Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots I - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi - family Residential 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 cmmnents in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith( kkodiakak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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: Mailing Address: Your property description: Comments: Public Comments - Page 1 of 24 Public Hearing Item 7 -A Current Location Request an investigation, according 531 & 536 Perez Way, 3100, 3084, 3052, 3218, to KIBC 17.205.030 (B) and (C) to 3265, 3300, 3280, & 3252 Wilton White Way, rezone Lots 1 21, Block 2, Perez 3262 &3266 Sharatin Rd, 522 & 534 Carroll Way, & 7 lots with no house numbers Estates Subdivision from R3- Multi- P & Z Case 12 -022 Family Residential to R2 — Two Alan & Rose Wolf Family Residential. A i 'b —;\,/i, •7�OT,f mu 4' g ^ L.--.-1 .P 8 A A .� TRACT A -1 � O� ,�1� �O ‘A J c0 N F q h ytl yepe t � � 4S/4 tP J N N vN A U F 4"O ',� / ' , ' � rh m .9 5 R OR ' J ' � e S q.4 : 4 w / p n' QQ4 ^ P 4 E POP OP P P k'$7 0 ,O o 414 10 l.\ SA * • . .� 0 ` 4.4 1 • ®� USS 3218 'v V ° G p p, TO a S 7 ®� � , • � p Isre940. a... O Q`�uN �S 37 r U . * L „ ,„,„, „L, . . .6%0 ,v tit, ' 1 ". ., te7 PJ 4 ' j 94 , I♦ „di Er °P K ,----- 9 p 0 (, p 6 - 4 _•t Kodiak Island Borough GIS Legend N 1 J Subject Parcels W ) E Ak n.. Feet h o 275 sso i e Notification Area S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comments - Page 2 of 24 • Public Hearing Item 7 -A DAWN ACOSTA RAYMOND & SHANNON ANDERSON JAMES ARNESON PO BOX 723 590 PEREZ WAY 3092 SPRUCE CAPE ROAD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 WILLIAM ARNOLD JOSEPH BAILOR JASON BALL 3300 WILTON WHITE WAY 3535 SITKINAK DR PO BOX 128 KODIAK, AK 99615 KODIAK, AK 99615 UNALASKA, AK 99685 JOHN P & JULIA LORRAINE ROBERT BARTON DONALD BEGUILER ETAL BARKLOW PO BOX 8995 3248 KATMAI DR 3254 KATMAI DRIVE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 HOWARD BODI MARK BREEDEN JOHN BURNETT 3031 SPRUCE CAPE RD 3265 WILTON WHITE WAY PO BOX 8535 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSE CASTRO CITY OF KODIAK KENNETH & SARAH DUNN PO BOX 2246 P.O. BOX 1397 PO BOX 8781 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ENERGY PLUS HOMES, INC DONALD ERDMAN FLP BRANDON HALES PO BOX 1066 PO BOX 1912 3252 WILTON WHITE WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TEENA HALL DAN J HELM JESUS HERNANDEZ JR 4232 150TH ST SW ;r513 PO BOX 3289 3247 KATMAI DRIVE LYNNWOOD, WA 98037 KODIAK, AK 99615 KODIAK, AK 99615 CHRISTIAN HICKS ETAL ROBERT E HILLIS 111 DOUGLAS HOGEN 612 PEREZ WAY PO BOX 847 3099 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 OLIVER HOLM DOROTHY HOLM JERRY HOLT PO BOX 8749 P.O. BOX 365 P.O. BOX 763 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN HUSTER GRACE HWANG LESLIE T & MARY A JAMES PO BOX 1029 107 DONNA DR PO BOX 536 KODIAK, AK 99615 S1TKA, AK 99835 KODIAK, AK 99615 Public Comments - Page 3 of 24 Public Hearing Item 7 -A JEREMY JOY JAMES KENNEDY GARRY KERNAN 3315 TONA LANE 3023 SPRUCE CAPE RD 1315 ISMAILOV ST. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK CHRISTIAN EDUCATION KODIAK ISL HSG AUTHORITY KODIAK ISLAND BOROUGH PO BOX 49 3137 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 WOODSIDE MANOR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK VENTURES, INC. DUSTIN KRUG DIANE LANGFITT PO BOX 1066 PO BOX 1971 565 PEREZ WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANE LARSEN JOHN LARSEN ETAL ROBERT B LINDSEY PO BOX 29 3231 KATMAI DR 3162 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LOUIS LINDSEY LIVING TRUST CHARLES LORENSON LYNDA & TEDDY LORENSON 3825 324TH AVE SE P.O. BOX 1947 3315 SPRUCE CAPE RD FALL CITY, WA 98024 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW LUNDQUIST ETAL PETER LYSE JOSE MADRID PO BOX 589 566 PEREZ WAY PO BOX 363 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERTSON MARQUARDT DENIS MCNIEL DANIEL R. MILLER 3243 KATMAI DR 620 PEREZ WAY PO BOX 2865 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MK ENTERPRISES, LLC MARK MOORE GARRETT MULLAN PO BOX 2338 3259 KATMAI DR 1815 SIMEONOFF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRIAN MULLEN CHARLES NIELSON EMIL NORTON II 1815 SIMEONOF ST 3251 KATMAI DR PO BOX 2731 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY OCAMPO TAKESHI OKI LARRY OLSEN PO BOX 8688 PO BOX 2077 P 0 BOX 1926 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 4 of 24 Public Hearing Item 7 -A ROBERT & HEATHER ONDERS MICHAEL O'NEAL CRYSTALEIGH & ERIK PEACOR 3258 KATMAI DR 992 ALAMIEDA AVE 534 CARROLL WAY KODIAK, AK 99615 ASTORIA, OR 97103 KODIAK, AK 99615 GREGORY PENNINGTON MICHAEL PESTRIKOFF JAMES POULOS P.O. BOX 439 18860 TALARIK DR 3064 SPRUCE CAPE RD KODIAK, AK 99615 EAGLE RIVER, AK 99577 KODIAK, AK 99615 DAVID & LEEANNA PUTMAN MARTHA RANDOLPH MICHAEL REUTER PO BOX 1541 PO BOX 414 PO BOX 1489 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LEONARD R ROBERSON DEBORAH I ROHRER RICHARD ROHRER 3130 SPRUCE CAPE RD 3415 HARLEQUIN COURT PO BOX 2219 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANIEL ROHRER CARLOS SANCHEZ PENALOZA STAN SARGENT PO BOX 786 3155 SPRUCE CAPE RD PO BOX 574 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC SCHNEIDER ARTHUR SCHULTZ BRENDA SCHWANTES PO BOX 311 3580 SITKINAK DR PO BOX 275 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CLAYTON SKONBERG JAKE & HANNA SMITH ST PAUL LUTHERAN CHURCH 3600 SITKINAK DR 3244 KATMAI DRIVE P 0 BOX 102 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 F. ANN STONE STEVEN TIDWELL ANTHONY TROUT P 0 BOX 2168 PO BOX 8904 3214 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CASEY & ALEXANDRA TURNER ARYAN WANDERSEE WARNER ENTERPRISES, LLC 447 CURLEW WAY 3202 SPRUCE CAPE RD PO BOX 595 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD WHITNEY ALAN WOLF JON YOUNG 260 PATTERSON ST PO BOX 791 585 PEREZ WAY ANCHORAGE, AK 99504 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 5 of 24 Public Hearing Item 7 -A PO BOX 2338 PO BOX 2338 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 6 of 24 Jan 30 2012 10:47RM Office of Daniel Rohrer 907 -48G -2215 p.l PLUG Hearirg Item 7 -A . I . KODIAK ISLAND BOROUGH CO V MUNITY.DEVELOPMENT DEPARTI 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486 -9363 j • Pu lie Hearin; Item 7 -A • PUBLIC HEARING NOTICE A public hear g will be held on Wednesday, February 15, 2012. The meeting w gin at 6:30 p.m. in the Borough ssembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before he Kodiak Island . Borough Plan ing and Zoning Commission, to hear comments if any, on the follow:in request: • CASE: 1 12 -022 1 APPLICANT: Alan & Rose Wolf REQUEST:: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, • Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 - Two 4OC-ATIO :53:1 ayd 53 6 e Pcac� tV 3t0�'308473052, 3Z 255; 3 V _. - -: - - . ay; 300; 3280; aid 325 " 2 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 j lots with no house numbers. ZONING: I R3 - Multi- family Residential This notice is being sent to you because our records indicate you are a property owner /interest party in he area of the request. If , ou do not wish to testify verbally, you may provide your comments in the space below o in a letter to the Corium 'ty Development Department Written comments must be reeeiv•d . 5 11 Janua 1 2012 to . • considered b the eom il: / n if you would like to fax your comments to us, our fax 1 slier is: 907) 486- 9396, or you -.y email your comments to ssmith(rdkodiakak.us. if you would like to testify is telephone, please call in your during the appropriate publk hearing section of the meetin . The lo at call -In . telephone nu *her is 486 -3231. I One week prio to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at . 30 p.m. in the Kodiak Isla d Borough Conference•Room ( 8121), to review the packet material for the easel Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Co 1fission's decision on tbi. request. If you have any questions about the request or your appeal rights, pleue feel . •- to call as at486 -936 7i�� /7I- R j Your Name: /.tl(Itt.l koLay. Melling Address: ? D' NK 7 0 �. i i ( 0 Your property dMer r t / • J 0 - ' 1 / ► ! / ! / a Co. i me ,�jj4 f ra- i0 .0 o / ,( 1 i /N utn r 3 w l • oil 0.n I. IA L Je ali � ( M i eXrel/oxf oc.0 lanr l J N I I i/ L. r f ' .. ! /■1 ., t I v 4 .e Koctil�k '! has 1 4 o vs m � o s aC , cavriiU7 • G;nct � - hlr i t - tvivicl if e /AA . ,__ • d /' c(_ Ha L has bad , se- aside hicitete a B. ( } i , t i 0' d t • . r r I - V. 1 ' ! 1 ' . : / rJ 2-, (. d Its •va IUV , r,_ . S - Ieux'e O • /I(U' "bJ at Public Comments - Page 7 of 24 i i ■ • Public Hearing Item 7 -A KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi- family Residential 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 must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith@kodiakak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. � 7 �j� ,/ , �( ' /'/ �' ( • /T / Your Name: �l y/�� / � / / 4, Mailing Address: /.GJ ,6,// }` /}' / y�7 /lLf/ Your property description: « hr 7�(j'r : , • C /- 07 /// Comments: (i f/ C • _ d a I / • Y" . _ L. / / . - l: / " cd ` `.,y/L , d/ Alai /712 jg , 6tdi 'ro-�u/ nte ir ✓a t yi4�4hur� rt./6 rf- a do / ` - at' 3 40/ 4/ A414 yc r , n' T / t tZ21 J Git/w . h bar2G . A ac k 'E t JAN )2012 D l UMMUNlT f DCVLI P A � Public Comments - Page 8 of 24 Public Hearing Item 7 -A KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 (907) 486-9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi- family Residential 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 must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your continents to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith@kodiakak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), 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: Klult YI/t- F'1!�tr t0 ll Mailing Address: Po. j� �-�r/ I I Your property description: 3362 ,l hta(cub n gel Comments: _ �w• .4 alPai/a'_ • i A• Ii' Is • •11 — ■ 2 — z •e•i V %� 4 • e. 1 h• •, I • I t • k I/ tr s-e • -C 'n. r e-4 (1,1 +D CA f l f) IP)C Jr i 1 df. 401/ W erke — - YP ■S (\ I 4yve - 1-t mthr 10c .Se tn` J ln,l(vdt 41c F'LP r • • \ r ..: �� .41. •;• tats III. /• e-n 1 he 5AIP (,Tr ip 3 hn Iy+ ftrvS • a P- J t,Jac -Car tt1 40 0 n tV 0(0 . Tl#tn fn a t 2.. P.11 m RN QS crtny C rvty f n-1" -14, ECEIVE n ,(AN 1 7 7017 COMMUNITY DEVELOPMENT DEPARTMENT Public Comments - Page 9 of 24 t:t)1V11V1UIN11 Y IJEVLLUYIVILIN [ I)LYAKl MEN 710 Mill Bay Road. Kodiak. Alaska 99615 Public Hearing Item 7 -A (907)486 -9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 - Two Family Residential. LOCATION: 531 and-536--Perez-Way 3100; 3084; 3052, 3218, 3265,' 3300,; 3230, and - 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 - Multi - family Residential 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. +s _ .. e n l,: _ , • ;.,,., , be _r*tdrreti It• +i :y r_ _ If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to smit nkadiai_r.; :. 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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. C /� / C / Your Name: l a c:;J!. ), 17'Yl()i ^�r Mailing Address: ( J n�Ic, bn /20Coe-9 Your property description: t^r); i3 dere? C,S✓"Ci BK I 3 4Ti-,2 Comments: I.�- C.E F V l� 1' _ 1.?1 JAN 2 3 IUI1 COMMUNITY DEVELOPMENT DEPARTMENT Public Comments - Page 10 of 24 t:UIV11VIUINIlY DLVLLUYME:1Nl 1J�Il'AIlZIlIVIlIl+IVIl 710 Mill Bay Road. Kodiak, Alaska 99615 Public Hearing Item 7 - (907) 486-9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 - Two Family Residential. LOCATION: 531 and 536- Perez - -Way, 3100, 3084 3052, 3418; 3265; 3300,-3280, and 3252- -- Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 - Multi - family Residential [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. tt r ,, �:,•rin::•::+_ mnu:r he n r,■ c n,n I9onor. t M12 td be`con.ideted !et the von:nlission. If you would tike to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ;_mithm&kodiak:;i:_y. 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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. t t� / /� , . f I fi t ) 1 '� I( Your Name: € I L 1) ` r ` e ' i �f �� t e�t�d V Mailing Address: 5131-( 1 �t� ro a wet Your property description: }e ✓z. c. S-fk -its 3 it- I (a Lo E ( 11 V" Comments: Q' oCilave. �-� - - �t�t. (( :Pkil4 -o (-2-- r 1 %1 C 1•11. burly L JAM 23 2012 COMMIINITY DEVELOPMENT DEPARTMENT Public Comments - Page 11 of 24 ` Public Hearing Item 7 -A D IC E D �+f71 I � . K ISLAND BOROUGH COMMUNIT i I• EVELOPMENT DEPARTMENT t ill Bay Road, Kodiak, Alaska 99615 JAN 1 9 2012 (907) 486 -9363 Public Hearing Item 7 -A COMMONIIYDEVE1.0El aw HEARING NOTICE ' A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi- family Residential 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 Cotnmunity Development Department. Written comments must be received by 5 pin, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith a( kodiakak.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. One week prior to the regular meeting, on Wednesday, February 8. 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. /3& ( o n r L ' / <- r.f.� 't j'l, (. �� /� Your Name: Kt �K l N t' �F S Mailing Address: 3� 1 K K.rl' - 71 1 , 1 f1- I 1) f2 Your property description: t07 1 - le ,1- A/ t /0(70 Y ��( 7 Comments: I /, 11Y( /[�/r eitf do v <r F7t/✓t'�� N( /, , ,' Y<:ff'c a !j v I f l au• :• _ if 2.3 L,' t #o ' - ><u. u . - U , A. a , [ n 4 ii—,. . he s_' .. ,,,,_4 ma /. L. -A_ J. ' f I ' 4 . I " ' _ 11.11.4.4 ' 1 / . r 4/t' i 6 Y -fi rt7t c1 it vtvi, n • C 1 � 4l 02 . t l / • I • Li//7..// �, ursT (f._ i , u. 7v. 1 ' ntie ,Et l - 2/ . c _ _ / a 7 1 kz - n 4.(-4../L,,, /c /t, /c/'tkfi4 . Public Comments - Page 12 of 24 Public Hearing Item 7 -A fill Ft . il.41 'N 1 SLAND ]BOROUGH -,i r 1 li ! ' s LOPMIENT DEPARTMENT 710 f :a Road, Kodiak, Alaska 99615 JAN 2 4 2012 v (907) 486 -9363 Public Hearing Item 7 -A rmrununv IPUBLIC HEARING NOTICE stuhlutt A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 - Two Family Residential. LOCATION:- - 531 and 536 Perez Way, 3100- 3084, 3052, -3218;-326-5 3300, - 3280--and - 3252 - -- Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 Lots with no house numbers. ZONING: R3 - Multi- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area o 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 must be received by 5 nm, January 31, 2012 to . be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmithAkodiakalcus. 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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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: 4Dlle& eC / /O67U;S MarlingAddrss: 0 . BOX 6 A b).4 4frf/id /3 r 7 Your property description: c2 , C r. 1 ' , 4 . 0491n- ...11.)...11.) � -r i /orate ' ' / 1 I 1. C Comments: 1 am 7n -Pa DC 7' 413 re 9oni7 of - Meee Lois a tP 4 va -z . (.O/ /J - I iaam.a. n_ o- -Qcr -iv 54y o af T wo (At AFre ce__ _4( -fber he `torie�.P /6:tf /Q21b accep4. .ie40 /we . "ilte it reaowita4e IfSe of ten.4w44 <nnz/ Wa 3 n,,,.R-tt -,c u , io o - P re - i ■ i ww.;t VL'Si. -ow( - 4110 t s 9 (4 - r - • 464 cllapleI&5 la I ti Clt4.trte -c erese.t+ v\a +•.rc or A tne.ij1 ha" 4o0 iv.crease -la i c , . s Y Q • . . 4 - ♦_ .l • -a.:4 }_ 44 ,:ii.,be- at 4 .1 1 45P et ^45PACCi cwj°kit - 400 failbntp +194 4 4e Contschlt:oN .,la(J. eo.S■Ller • . at . o. f 4 - 4. a eus4 e e nr .. / . f I t ■ 5 ...AI' ',. /L . 1 n al -Prow_ tR- 3 t R2 .a40- bciclol Ike .e FtJ4.4rnc+ i4o Li n- 6p !etic or A. 4railer cokrf !_or<`..0 . 6t5- • r.." et: .., - R 'I. ,.`f,.- .a, .. „ `, s( cl 4k, kw rap -4e rtv Dectie1ral xv tn 4 4- na&'m f 1 c. An,f let 41 ..5e r4 uus(y ra Ar c+ - Co ubt -1-ke_ rrn S ONS u1 by Lot cly.,g -/,o _e..rrine -Se 4. honme to -F!vs 4.1c4 or- C.oi. 4 ,42+ I / $l 2 0/ 2. Public Comments - Page 13 of 24 Public Hearing Rem 7 -A 4 ECHIlifIE A ISLAND BOROUGH OMMUNITY . 1 ELOPMENT DEPARTMENT JAN 2 710 ■ t ay Road, Kodiak, Alaska 99615 2� 2 (907) 486 -9363 Public Hearing Item 7 -A COMMUNIIYD U4 N TEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots I - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 - Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 Tots with no house numbers. ZONING: R3 - Multi- family Residential 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 must be received by 5 pm, January 31, 2012'to . be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith@ kodiakak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), 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: if- ND/cla /C K�v'/ , NC S 6O T: '/ Mailing Address: r: O • BbX 613 1(�On i A-k4 k Sjd /J Your property description: a. - "r. L • . F4✓i -' /1 k / / & - r /�vete \ / Comments: -- am .n - Palm' n,c /4 r nF 1 &e 1016 Is - i - cru le-4 "iO' — L SWC:.CR to St, -near a9 -'lo Z4r 114-1 .1 )pu/? f // er t/h - 'rhe be 3oneA %? 6,ei R-2'i, exece -1 4 (e 40is'•'e.'U -yret9vmivva4e ¢sr Of Kn4mat r 6,ren 34 t »1 ,,,, .t c u 1e . .c o` P. re j - I IA ) aw.i tres ..4I/coll.v( 94r&C fzrjtv 44 b, Swit le,re5 la:C/ Cku.trt 4-be freetew na++tre °F *ke Inctu bc✓ koe ,. { ","Crease -(ac ka= e "/ - - rev 4Le %Areser •k;I a - a ++_ r ,;- ; - a bo- ^c ) .} � i &+P e c,r6eaut .>i.� °4, J. IOOr.(9 +I.♦4 eCon(Mif$ lore ,a4“.. a. cob;S re: a('te itsariolisresk rnr- / / 4o + -ke 4opo ar- koon. (2f 5 f3k g VagekK K 44( '7;4 -Prowl R- 34.1 -Za4e . bed:(of , wwa4 op. 4W4.4rnc+ ;.,to 'fee 6 r /errs sr 1& frailer W rsFlter IPA crc (r' ti. it_ v&S4 `eru ( t-Ffe,42 tt k R-3 des, vn +;nt(, va .t (A 4v1,1 ( c r _ C- l`r+"�4h'e nf4rr op -'Urea vcc& ov.NLMP a. cA2 O c , 7 * l. Nag 4)PK/4 'ri05(y &4rciC+ -koN. -Ik_ rea5oN5 ttl h Nbe awn 4o 4uY'r.LCsz 4 ht ^4z 'rt -k-Li 4v-€A ov CoUiWK. Public Commentifir �� f Public Hearing Item 7 -A C n F fl 7-3 LAND BOROUGH LOPMENT DEPARTMENT 710 Mil :.r� Road, Kodiak, Alaska 99615 JAN 2 7 2012 (907) 486 -9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE COMMNNF#BEVIEIOPMENT DEPARTMENT A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 - Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 - Multi- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the arca 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 must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmitWkodiakak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. / y � Q Your Name: gi(.�s 61) t cMJ La C Mailing Address: ress: 5( T Pei-tit-day Your property description: /.yet, y Ind l- 1 . 7 C,S7rJ J�7L�s i/13 tr." --- '1 / 1 Co A��. !4`L / 1 a � / � rs' ! n-c /LZi4LLf; '45 / ZJ teits -..2 f alo%.f',.Z Po�'! 1.235- rdt•C Sv. '4'v�'.fio -tt ff .{ ni Q- A/cdfi Fa,s,•, /tq [ 11 A .4. Sr 34 fr... / (/t).... . ,t / L e 2tythe),G,ocd y -ral4r sae f jer nefr rho aj / `/lie t, I a r • ai! %� _ / n o l i , •r AI I _it. • ate 'IR / e <.'.. ' ./_, -f ' / b __ 1 w t *n br 21I61 Mt/ {ri -4 t!` . . S 4d/.t' 4., ir>e wdndierh -z4I e - r ,1 /14 J 1- 1 ?. -'cam.. '. - C 4' �.. - 2 I/J � l a.:a SL'I J , , 4 ';r a j f Le 1Cet —chnce t E �+t ><0 7.to.�c /odr L ,) r4O —#t• t Ckcce7 , I ts r � /� 4 rn II 7J ? rru-t- / cEBni - / t., iq& c4L -n WANe_ v'� tN (1/ &QGC 7t) t-re /1� /G 2S wk.:at is a /ready a_ d a T a-kS r pt, -o, ter Mainlet/4e /ba Public Hearing Item 7 -A Sheila Smith From: Kodiak Holts <jeranor @yahoo.com> Sent: Sunday, January 29, 2012 2:20 PM To: Sheila Smith Subject: Case: 12 -022 Jerry & Norma Holt, P.O. Box 763/659 Anna Way. Property: Lots 14B, 14C, 14D, USSurvey 3100. Comments: Due to the design of this area, R -2 zoning makes better sense. R -1 would be even better. We have no objections to the change of zoning. 1 Public Comments - Page 16 of 24 1.111V11V1UIN11 Y VJN;Lt91'IVILIN i 1)LYAK11VMJt1V 1 710 All Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 -A (907) 486 -9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mil( Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KBC 17.205.030 (13) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 — Two Family Residential. - LOCATION: 531 and 536- Perez- Way; 3100, 3084T 3052, 3218, 3265,- 3300;-3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi - family Residential 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. vt ruin: rnn:n:: :::.. ,,U:.: r.:• rreril:,t 111 m Ion Hon j i Sul !_t., n__martrred b•. tt_:• urunti: >ietn If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to s_mith k;}iiskak_us. If you would like to testify via telephone, please Mil in Your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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: - l. � 1"' C� w / l.r�- � S ,, � M ,1 a � il � ing L AAddress: . PO Sox n ,, ` ►'rNU- r91.�/ .Ic , Your property deseriplion: WT 1 S �'e 2 g ttu4t� n✓ -' oW Z (W. L) Comments: We/ a t=e 40 +la reusrve fia t _ JAN 2 3 2012 Public Comments - Page 17 of 24 l V1v1t1V1lflJ Y DLVLLf)Y1VIL1V 1• LJLYAK11V1Lt'1V 1' 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 - (907) 486-9363 Public Hearing Item 7 -A • PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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 bear comments if any, on the following request: CASE: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. - LOCATION: 531 and - 536 - Perez- Way; 3100 3084; 3052, 3218, 3265 ; - 3300, -3280, and White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi - family Residential 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. tk -n_;_ ,•:,nnm_n:; _,<,,,i ht n•r:•it rn n, z t:,,, En. tt_'Ell : in tie cons.iaered ti; the cummis>}nil. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to "mhhue ;oiiit:kak.tN. 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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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 2 486 - 9363 Your Name: l C4r'l` e ✓ -e Jet Mailing Address:732(o L{J ; I k./ t ��(,t/ Your property description: i it e4 C hA n c.. k- 1 1 Z 1 Comments: J arpt iJC. f e z-C1 EBVE 1 1 JAN 2 -.3 2012 J t It t • t ' r • NT DEPARTMENT Public Comments - Page 18 of 24 Public Hearing Item 7 - E © E W e r % RAND BOROUGH d i g i , MMUNITY D Vi i;' ELOPMENT` '1 EPARTMENT JAN 2 6 2012710 f : ay Road, Kodiak, Alaska 99615 (907) 486 -9363 Public Hearing Item 7 -A COMMUNITYRURISITEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100. 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi- fatnily Residential 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 must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith 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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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 at486 -9363. f r 1 ,� r 3.5i �YYIaL 1 y- C Your Name: 3 J LM Co d I Mailing Address: noonX.. , I A-iL- '7q4/ "J Your proper /// e` ty /��,d1escriptiio Lfly,�. I✓WYI�DIN ti" /� �Att)nal T r ) �• p �� } ., y, r, o, Comments: '2V Qi an -' M� t t.i & A (/ / / 01 [ice` 6 l /gyY7 .,,, ✓T rI r w ct -' / p&i - I . .J eve. / ' / - �. ' •) t/!,• -.LL . . .. �. / . I •J L. , ! PaLYIlu.1.F' ..gl•.I .1....A-t /.. a_' . A.. 0-ri 4L'.J .. 1 A • .:. • L a AJ .- •. . . . IL/.... 07norciale..(.• fl,4 h .k, - to-vd. a.4 7 ctLt t n9or etipvucAhc.i h✓d rt, L..: ...,..u..e. /. ud...-al E? 4 ►i. ' _..• ' IL � .-• . If- :..,....,_. 'VV / ,/14.r.[ .Vil,i ....1 el is 4 4 fl t ' : • ,:i...a I y J di I - 1 kin a -. uX�i IL • .44. .u. 4ar/. _es.- dm L 7 r) 4 ....[ ) e . -1 t pnnn,Lv a kc� 4 man, r /4- 4 oceu/9a1ru rah, AS tvR • .. 14/ . al it..a.a_... L ...I a, itt/, ' - • ' L.L �,. . - _. .ills .L ...... ,.. .. i..6/11 A .. • .. 4 t.. e I / / ' , . L ...,i •. /L ,IL.a.t. G L /. r4 . /... ,. A .., M La..- / aI • */51a I OtaI- i.t�OVA r Pe4V1 A i ..7.(lr, ttra7e. t lib -b na tl rl bi rut.... 4-14/r � T � ^ Public Comments - Page 19 of 24 V UIVI1VIUIN11 Y DE VLL ILDVIVILN1 DLf'AKl1V + r Item 7 -A 710 Mill Bay Road, Kodiak. Alaska 99615 (907) 486-9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3 Multi Family Residential to R2 — Two Family Residential. LOCATION: 531 and -536 Perez- Way, 3100 3084 3052, 3218, 3265, 3300, -3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi- family Residential 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, ■t. ruin' a ' u, rnt: n ,_e ant m. rrt., n� s gn!a m•,r!(._ tilt t., ,n t!e c!uv n. the r nitt icn. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to s milhueke:ciiakak-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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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: . .r„ t ;' 1 1 f t I r < Mailing Address: :?" /.;J; /icy / 7t, ,/ /,1r y ,/J eY Q e* ' IRA p - 1 1- 3�t C J Your property description: i�P,7 . ( /S�f,,s ""r" Trt �� 1 7 r -I / �.(�'.iGZ Comments: 41.4 nfp ret;,e / J,. r e 7,-}1 �. r.!� c / ) t. / C/ . J h h+ !J:a,. I JAN 2 3 101 2 J COMMUNITY DEVELOPMENT DEPARTMENT • Public Comments - Page 20 of 24 cuiVEVit11vni Y UEVtLIlYwViA+.'1V'[ 1➢.E:1 i 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 -A • (907) 486 -9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots I - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 - Two Family Residential. - LOCATION: 53I and -536 - Perez -Way, 3-100, 3084, - 3052, 3218, 3265 3300; 3280, and 3252 - - - Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 - Multi - family Residential 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. %% rnarn : unn :, ::•.: n; r,-,r:. , -n wr non nnu,:n tl gal • ,o he coco_iderctl t, tin _•ar._::m.1:m. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to sn :_thu troth :kak.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. One week prior to the regular meeting, on Wednesday, February 8, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), 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. �pyi' n / ( (�-,!' �.&� {� �' ,t t Your Name: I \ t ttt etrk -' �((° II. , 1 � - Igniting Address: I ll I vi / t� I k `'vim Your property description: /2 e &7i L�Yt p-- L . - � 'I 2 &L 7 Comments: C. We Aped `� ree. t & vt _ K3. to e C 1E 11 12 , „ 1 1 2 / S 1 • , _ 0 1 r _•..911,. , 1 Public Comments - Page 21 of 24 KUDIAK INLAND 8OR000:H Public Hearing Item 7 -A COMM th DEVELOPMENT DE_ RTMENT 710 Mill Buy Road, Kodiak, Alaska 99615 (907)486 -9363 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will he held on Wednesday, F • nu 5 0 T • �S ' 1 beg;n at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill ltd �. `k,jIQ?b • the Kodiak Island Borough Planning and Zoning Commission. to 1 ornmcn s I any, on th o l • request: CASE: 12 -022 defer APPLICANT: Alan Bs Rose Wolf FEB - 1 2012 �e adll YtQ REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21., Block 2, Perez Estates SubdlititimniffididitiNfoThithisidential.to R2 — Two Family Residential. LOCATION: 531 and 536 Peitz Way, 3100, 30.84,. 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Shar tin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi - family Residential • This notice is being sent to you because our records indicate you arc a property owner /interested Furry in the mca of the =toast 11' 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 coi n rids n loo 1 llr r'l•tl•i 1'ed by 50111, .lalluan 31, 21111 In be considered by du• commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssrnith oiko,diakak_us. If you would like to testily via telephone, please call in your comments daring the appropriate public hearing section of Me rnerling, The local coo -la telephone number is 486 -3231. One week prior to the regular meeting, on Wednasday, February 8, 2012, a work session will be held at 630 p.m. in the Kodiak Island Borough Conference Room (4121), 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. 1r you have any questions about the reuuesl or your appeal rights, please ftxl free to call us at 486 -9363. Your Natnn: J/w�, 4, ■ Malting Addrru;aze'� ;/l t ie.e 944 / N/ Vow' noway docrlPlivnl , /. / t. dr / - Cumnrnrtr: cal,e aflatrY / _ L ^ ai - - / . . ' / of Vir 14 7/27 a",20 !'I=//../A�Yti..ce "Il 7JF . or/ %ycc / . .r4. ..... _ .. /. Ace sir .. r .- -t.er - . % /.G /— /!/I/.! /f) ^ 4/.. edr ear a�• �rXQ ^/i �i, - 027 - /J'y /Le , A'/1w l` •% / iii �—�_ // ✓.�— � . /_.i � Cent a az2- -- Are-9-7 - ;r 1'd Public Comments - Page 22 of 24 da01. Zt, L£ ue Feb 01 12 02:37p Public Defender Kodiak 907 486 2201 Public HeariPPj2tem 7 - KODIAK I S L A N D BOROUGH D E ©E 01 E , _ F , COMMUNITY DEVELOPMENT DEPART NT 710 Mill Bay Road, Kodiak, Alaska 99615 n FEB - 1 2012 (907) 486 -9363 SwF #e c a ead 11 r10 Public Heannp Item A • ' PUBLIC HEARING .NOTICE fAMMUNIIY DEVE1011NIiNT DEPARTMENT A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Alan & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, . Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052; 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONING: R3 — Multi - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 1f 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 must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith@kodiakak.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. One week prior to the regular meeting, on Wednesday, February. 8, 2012, a work session will be held at 6:30 p.nr. in the Kodiak Island Borough Conference Room (#121), 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 rime: JAM 1'N Y/1 {l-- :tinning Address: x( / !"'t .444t Your propertydc%rript.n: IA I - 16. "I ai f y ( J Comm / ents: � . S °Qrl 'Q No? o on tVi r .. _. .. P Public Comments - Page 23 of 24 Feb 01 12 02:37p Public Defender Kodiak 907 486 2201 Public Hearing Item 7 -A KODIAK ISLAND BOROUGH R YE] COMMUNITY DEVELOPMENT DEPART fl N TEB - 1 2012 • 119,1 710 Mill Bay Road, Kodiak, Alaska 99615 ... - (907) 486 -9363 Oaer Dail ((LO Public Hearing Item 7 -A PUBLIC HEARING NOTICECO m""° WP &C,v smart t A public hearing will be held on Wednesday, February 15, 2012. 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: 12 -022 APPLICANT: Man & Rose Wolf REQUEST: An investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2. Perez Estates Subdivision from R3- Multi- Family Residential to R2 — Two Family Residential. — LOCATION: 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265 3300, 3280, and 3252 - Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. ZONJNQ: R3 — Multi - family Residential 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 continents in the space below' or in a letter to the Community Development Department. Written comments must be received by 5 pm, January 31, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your continents to ssmithTNkodiakak.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. One week prior to the regular meeting, on Wednesday, Febmary 8, 2012. a work session will be held at 6:30 p.m in the Kodiak Island Borough Conference Room (#121), to review the packet material for the cast. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. 1f you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. t ' / (� � Your Name: S it ti / e_ '� t; / 7i r : r .- Ataflio Address: 3a 3f /\fit tvil , Yaorproperly descripl ll l�. /� IYL74. 5Qb:I'M 04 .(... / Comments: X ) 1p/.tt .tp f !1 o 'n( 5C gl 't&_ P ry ert 15 go✓QIn.0erd 1 �Uhn.-gorM_ (- rre • i ♦. G. a. c r 1 b- a la 1 _ .. I r e61;c Cps • , D r ,marl rbt: (0.ren l`cel AP i ch bor In ±oot C Public Comments - Paee 24 of 24 Public Hearing Item 7 -A MEMORANDUM DATE: February 2, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 15, 2012 Regular Meeting CASE: 12 -022 APPLICANTS: Dr. Alan and Rose Wolf Dr. William and Janet Arnold Mark and Amanda Breeden KIB Planning & Zoning Commission REQUEST: An investigation, according to KIBC 17.205.030 (8) & (C) to rezone Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi- family Residential to R2- Two - family Residential. LOCATION: Lots 1 through 21, Block 2, Perez Estates Subdivision ZONING: R3- Multi- family Residential Ninety -Two (92) public hearing notices were mailed on January 9, 2012. Date of site visit: December 5, 2011 1. Zoning History: This area was rezoned from U- Unclassified to R3- Multifamily Residential by KIB Ordinance No. 66- 14. 2. Lot Size: Lot 1 8,362 Sq. Ft. Lot 2 8,114 Sq. Ft. Lot 3 8,111 Sq. Ft. Lot 4 10,755 Sq. Ft. Lot 5 8,908 Sq. Ft. Lot 6 8,853 Sq. Ft. Lot 7 8,078 Sq. Ft. Lot 8 8,078 Sq. Ft. Lot 9 8,078 Sq. Ft. Lot 10 8,078 Sq. Ft. Lot 11 8,078 Sq. Ft. Lot 12 8,580 Sq. Ft. Lot 13 9,766 Sq. Ft. Lot 14 9,194 Sq. Ft. Lot 15 7,525 Sq. Ft. Lot 16 7,512 Sq. Ft. Lot 17A -1 9,483 Sq. Ft. Lot 18 8,345 Sq. Ft. Lot 19 8,467 Sq. Ft. Lot 20 8,453 Sq. Ft. Lot 21 8,358 Sq. Ft. Lot 4 is a flag lot and therefore has more area than the typical lot in this rezone request. 2 Note that Lot 20, Block 2, Perez Estates was granted preliminary approval to acquire additional lot area from adjoining Lot 8A, U.S. Survey 3100 which is already located in the R2- Two- family Residential zoning district. This approval was granted on October 11, 2011 and is good for 24 months from that date. Staff Report - Page 1 of 10 Public Hearing Item 7 -A 3. Existing Land Use: Lot 1 Four -plex Lot 2 Vacant Lot 3 Vacant Lot 4 Vacant Lot 5 Vacant Lot 6 Vacant Lot 7 Vacant Lot 8 Vacant Lot 9 Vacant Lot10 Vacant Lot 11 Single- family Residential Lot 12 Vacant Lot 13 Single- family Residential Lot 14 Duplex Lot 15 Single- family Residential Lot 16 Single- family Residential Lot 17A -1 Single- family w/ small Apartment Lot 18 Single- family Residential Lot 19 Single- family Residential Lot 20 Single- family Residential Lot 21 Four -plex 4. Surrounding Land Use & Zoning: North: Lot 1, Block 3, Kadiak 1 Addition Lots 1 through 4, Mariner Estates Lots 1 through 8 and Lot 20, Katmai Ridge Subdivision Use: Lot 1, Block 3, Kadiak 1 Addition is VACANT Lots 1 through 4, Mariner Estates is MULTI - FAMILY RESIDENTIAL Lots 1 through 5, 7, 8 and 20 are SFR; Lot 6 is DUPLEX Zoning: R3- Multi- family Residential South: Lot 4, Lot 5A and Ptn. Lot 5B, U.S. Survey 3100 Use: Lots 4, 5A and Ptn. Lot 5B are MHP, SFR and SFR Zoning: R2- Two - family Residential East: Lots 5 & 6, Block 1, Perez Estates Subdivision Lots 8A, 9 & 10E, U.S. Survey 3100 Use: Lots 5 & 6, Block 1, Perez Estates Subdivision are SFR & DUPLEX Lots 8A, 9 & 10E, U.S. Survey 3100 are SMA, VACANT & ACCESSORY Zoning: R2- Two - family Residential 3 Although the lots in Katmai Ridge Subdivision are zoned R3 -MFR, staff is aware that the lots in this subdivision are restricted by a covenant recorded at 2002 - 0034240 -0, Kodiak Recording District. The covenant restricts the lots from being developed with mobile homes, modular homes or pre- manufactured homes and the maximum density allowable is a duplex (Two - family Residential) unit. Staff Report - Page 2 of 10 Public Hearing Item 7 -A West: Tract A -1, Block 4, Kadiak Alaska 1 st Addition Use: Vacant Zoning: PL- Public Use Land 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this area for Residential Development. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KODIAK ISLAND BOROUGH TITLE 17 - ZONING 17.05.020 Purpose. It is the purpose of this title to promote public health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. 17.05.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough;... Staff Report - Page 3 of 10 Public Hearing Item 7 -A R2 -Two Family Residential R3- Multifamily Residential 17.80.020 Permitted uses. 17.85.020 Permitted uses. The following land The following land uses are permitted in the two- uses are permitted in the multifamily residential family residential district: district: A. Accessory buildings; A. Accessory buildings; B. Beauty shops; B. Beauty shops; C. Boardinghouses; C. Churches; D. Churches; D. Clinics; E. Clinics; E. Greenhouses; F. Greenhouses; F. Home occupations; G. Home occupations; G. Hospitals; H. Hospitals; I. Multifamily dwellings; H. Parks and playgrounds; J. Parks and playgrounds; I. Professional offices; K. Professional offices; J. Schools; L. Schools; K. Single- family dwellings; M. Single- family dwellings; L. Two - family dwellings; N. Two - family dwellings; M. Vacation homes; and 0. Vacation homes; and N. Bed and breakfasts. P. Bed and breakfasts. STAFF COMMENTS This rezone case is related to the recent subdivision case S11 -014 which was approved by the commission in June 2011 to allow a change of plat notes restricting access to Wilton White Way for Lots 5 through 10 and 12, Block 2, Perez Estates Subdivision. At the time this case was reviewed by the commission, interested persons from the surrounding neighborhood expressed concern at the potential development density afforded by the R3- Multi- family Residential zoning and how this might affect the property values and neighborhood character of other single - family and two- family residential units in the area. The plat note changes were approved, subject to conditions, and this decision was appealed to the borough assembly acting as the Board of Adjustment in August 2011. The decision of the Board of Adjustment was to uphold the plat note changes approved by the commission, but the fee for the appeal was returned to the appellants because of the perceived disconnect between the plat note access issues and neighborhood concerns about development density which is an issue unique to KIBC Title 17 Zoning. Staff had noted in the report evaluating requested plat note changes (Case S11 -014) that the Commission had previously made a motion to investigate a similar rezone from R3- Multi- family Residential to R2- Two - family Residential in February 2000. This was a prior case where the double frontage lots 5 through 12 in Block 2 Perez Estates Subdivision were restricted to access from Wilton White Way. At that time the existing community in Blocks 1 and 2, Perez Estates Subdivision expressed concern with the potential development of additional multi - family residential units. These concerns included additional traffic and disturbance to the character of the neighborhood that multi - family residential (MFR) would bring to the predominantly single - family and duplex neighborhood. ° It should be noted during this same timeframe that Lots 1 and 21, Block 2 Perez Estates Subdivision were already developed with Four- plexes as these two lots were created in Phase I of Perez Estates Subdivision. Staff Report - Page 4 of 10 Public Hearing Item 7 -A In preparing this report, staff has reviewed the applicable codes and comprehensive plan in effect during the year 2000. While no confirming documentation was found to support such a conclusion, it may be that the rezone was not pursued because R3 zoning was considered to be consistent with the Kodiak Island Borough Comprehensive Plan, 1968 — 1999. This area comprising Block 2, Perez Estates Subdivision, was previously designated in the 1968 -1999 plan for Mobile Home Park development. The Mobile Home Park Code in place at that time permitted mobile home parks only in the R3 zoning district as a permitted use. A copy of the 1968 — 1999 plan map and Mobile Home Park Code are included in the appendix at the end of this staff report to illustrate the relationship between plan designation and zoning which existed at that time. The petitioners submitted a request to rezone eleven lots in Block 2, Perez Estates Subdivision from R3- Multi- family Residential to R2- Two - family Residential. This case was considered at the last regular commission meeting on December 22, 2011 at which time the commission expanded the scope of the review to include all 21 lots in Block 2, Perez Estates Subdivision. The case was then postponed until the February 15, 2012 regular meeting in order to provide a new public hearing notice of the expanded rezone area. This should allow the affected community adequate opportunity to re- evaluate the merits the of the expanded rezone request. The expanded scope was intended to correct some perceived deficiencies with the original rezone application wherein only one of the petitioners owned property within the proposed rezone area which was depicted as three separate rezone areas. The new scope of investigation includes the entire Block 2 of Perez Estates Subdivision which provides for a single, contiguous rezone area which, if approved, would bring together all of the lots which share the common history as part of the original Perez Estates Subdivision. Conformance with the Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update is quite a bit different in its classification of land compared to the KIB Comprehensive Plan 1968 — 1999. Future land use maps from prior plans, such as the one depicted in the appendix for the 1968 plan, were used as a starting point when creating the 2008 plan maps. Changes were made based on public input and references to general or specific changes to proposed future land uses. One of the more notable changes to the updated comprehensive plan is the way in which residential land is depicted, particularly in the urban areas. No longer is residential land designated by density or specific housing type. The Kodiak Urban Area Future Land Use Map largely assumes a continuation of existing land use and zoning patterns in most residential areas, but it does allow that where different development trends are emerging, the community may consider whether it is more important to preserve the status quo or to embrace the emerging development trend. As a result, all residential designated areas in the urban area are combined into a single plan designation as "Residential ". It will be up to the commission and the Assembly to decide whether the existing land use pattern should preserved whether the probably trend of mixed single - family, duplex and multi - family residential development makes the most sense in this area. As expressed in comments by the petitioners and in the comments of many returned public hearing forms it not just about development density and traffic safety but about the character of a neighborhood that people believe should be preserved as a predominantly single - family and two- family residential neighborhood. Staff Report - Page 5 of 10 Public Hearing Item 7 -A The "Residential" designation in the 2008 Comprehensive Plan reads as follows: "This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single - family and other types of housing including those allowed in R1, R2, R3 and SRO zones. " Zoning /use: As noted in Section 1, Zoning History, the area comprised of Block 2, Perez Estates Subdivision has been zoned R3- Multi- family Residential since 1966. The development of this area was delayed for many years due to a lack of adequate access and more importantly, access to municipal utilities. Although the R3 zone permits multi - family residential development, the majority of lots in the general area have been developed with single - family and two - family residential units, particularly in neighborhoods developed on cul -de -sac streets. The original developer of Perez Estates Subdivision created lots that were at least 8,000 square feet in area so that each lot would, in theory, be capable of sustaining a four -plex or five -plex unit. These lots sizes did not fully take into account the physical condition of the lots as they would eventually be developed. Once roads were developed and water and sewer utilities extended to serve the subdivision, some of the lots were limited by topography and long distances to fire hydrants. While there are two multi - family residences currently located in Block 2, Perez Estates Subdivision, the majority of lots in and around this subdivision are developed to single - family and two family density. Staff has previously noted that other developments in the former Kadiak Subdivision such as Katmai Ridge and Trinity Islands Subdivisions are restricted to duplex density through covenants. Even though these lots are zoned R3- Multi- family Residential they cannot be developed at a density greater than a duplex on each lot. The lots in Block 2, Perez Estates Subdivision are not restricted in this manner can, therefore, be developed (or redeveloped) to a higher residential density allowed under the existing R3 zoning. There are some multi - family residential lots in the area along Sharatin Road. These developments however are typically located on lots substantially larger than 8,000 square feet. Staff has provided a comparative list of the uses allowed in R2 and R3 zones. The only real difference between the two zones is the allowance of multi - family residential and boarding houses in the R3 zoning district. While the proposed rezone would effectively "downzone" the parcels identified in the petition, it would not deny the lots from being reasonably developed in the sense that there are still many other development options available to the lands under the R2 zoning. One of the test of validity for "downzoning" cases involving a change of zone or amendment of the zoning standards is whether the lots are still reasonably developable. Even though the proposed zoning change would eliminated multi - family residential and boarding houses from the list of permitted uses the R2- Two - family Residential zoning district still provides many other options for use development. As a more practical matter, the R2- Two - family Residential zone is the most common urban density zoning applied in the suburban areas outside of the City of Kodiak which are served by municipal water and sewer. 5 Chapter 4, Page 13 Staff Report - Page 6 of 10 Public Hearing Item 7 -A Although staff does not recommend making a zoning decision based on the effect the rezone might have on property values, staff has provided an analysis of property values in the Appendix to this report. The spreadsheet shows the relative assessment for each lot and a "cost per square foot" calculation adjusted for the different size of each lot in Blocks 1 and 2 of Perez Estates Subdivision. Although the lots are located in both R2 and R3 zones currently, the assessed land value of these lots for tax purposes are virtually identical regardless of which zone they are located in. It should be noted that a change of zoning as requested will make the two existing MFR units on Perez Way into nonconforming uses. They can continue to be maintained indefinitely, subject to certain limits on expansion of the nonconforming use or structures. Based on staff's review of these sites it appears that the sites are already developed to their maximum potential. Should these structures be destroyed or the MFR use abandoned in the future the sites would only be allowed to redevelop based upon the zoning applicable to the sites at that time. Speculative MFR development on vacant or previously developed lots which has not been developed (or at the very least permitted) before a zoning change would not acquire any nonconforming status under the code. Land Suitability: The vacant lots identified in the petition area are generally suitable for development, although some of the lots may be challenging to develop in terms of access to roads and utilities. As discussed in the recent subdivision case, the vacant lots in this block may need to show compliance with fire code requirements regarding proximity to fire hydrants before the lots will be allowed for development. In addition, the original utilities for this subdivision were extended from Spruce Cape Road and as a result there is a substantial distance of Sharatin Road which does not have municipal water and sewer service available on the uphill side of Block 2. Lots 5 through 13 have double frontage on Wilton White Way and on Sharatin Road. The commission recently saw a request to change plat notes restricting access some of these lots to Wilton White Way. This restriction would have made the vacant lots so designated challenging to develop if vehicular access could only be allowed from the downhill side. The commission approved (and the assembly affirmed) a change of the plat notes that would allow access from either frontage for Lots 7, 8, 9, 10 & 12, Block 2, subject to certain conditions. This has made the development of these vacant lots much more likely to occur. Development of these lots and with required access from Wilton White Way could have created significant disturbance of the existing topography of the lots and to the surrounding neighborhood. Although the vacant lots are zoned for single - family, duplex and multi - family residential, the fact that off - street parking for multi - family residential requires turning and maneuvering on -site will likely ensure that the sites are going to be very tight for multi- family residential development. Parking in support of MFR development is required to turn around and maneuver on -site so that vehicles can head out into traffic when they exit the site. This is in contrast to single - family and duplex developments which do not require all parking maneuvering to be located on the site. Several of the vacant lots in question are located near the curve of Sharatin Road, but Lots 5 and 6 are still restricted for access to Wilton White Way. In addition there is additional road right -of- way near the curve so that road improvements for safety, such as a guard rail, could be installed in this area without affecting Lots 5 and 6 which are located substantially below road grade. Staff Report - Page 7 of 10 Public Hearing Item 7 -A Recent Development trends in the area: The development trend in the area is predominantly single - family residential with a few duplex and multi - family residences evident from the current land use map. All the lots in Block 1 of Perez Estates Subdivision, along Perez Way, are zoned R2- Two - family Residential. In addition, all the land along Spruce Cape Road, between the sewage treatment plan and Spruce Cape Subdivision is similarly zoned R2- Two - family Residential. As indicated on the current land use map, most of the development within the surrounding R3 zoning of the former Kadiak Subdivision area tends towards single - family developments. The Sharatin Road corridor does have a number of multiple family dwellings. These multi - family uses are typically located on lots larger than those being considered in the context of this rezone request. The concerns from homeowners on Wilton White Way and above in Katmai Ridge Subdivision are the prospect that new multi - family residential development will reduce property values, affect traffic safety and change the medium density residential character of the neighborhood. Two MFR units already exist on Lots 1 and 21 of Block 2, Perez Estates Subdivision so the neighborhood has some experience with this type of land use in the existing neighborhood context. It appears that a majority of the residents in the neighborhood would not like to see that type of use expanded under the current R3 zoning, particularly on the vacant lots remaining in the neighborhood which have recently become more likely to develop with the recent change of plat notes affecting access to said lots. While it may not always be the case, it has been perceived that R1 and R2 properties usually have a higher degree of owner occupancy than strictly multi - family residential units in the R3 zone. In most people's minds having owner occupied homes tends to equate with better maintained properties and a less transient and more neighborly neighborhood character. Traffic impacts: Development of vacant lots in the rezone area is sure to increase the future traffic on Wilton White Way, Perez Way and Sharatin Road. Staff believes that the design of the roads is adequate to handle the additional traffic, although there are no traffic counts available that would help to quantify the potential change. Sharatin Road in particular is recognized as a collector class street designed for higher traffic levels than a local street would normally be. Sharatin Road has also been paved through a state legislative grant so that the property owners along this route did not have to pay an assessment for the road improvement. The fact that no assessment was required also recognizes the collector street nature of Sharatin Road which carries a great deal of through traffic from other neighborhoods such as Woodland Acres and Spruce Cape Subdivision. The biggest concerns associated with the development of potential multi - family residential uses is the prospect of overflow parking on the streets, additional vehicles backing into the right -of -way (even though this is not technically allowed for multi - family residential uses) and the increase of traffic on the dead -end Perez Way/Wilton White Way. The concern about whether the lots are capable to handling the additional parking requirements can be addressed to a degree by reducing the allowed residential density, but the fact remains that single - family and duplex residential uses are allowed to back out into the right -of -way and that kind of parking already occurs in many locations along Sharatin Road, Perez Way and Wilton White Way. Staff Report - Page 8 of 10 Public Hearing Item 7 -A In regards to the adequacy of the roads, staff believes the road are suitable and capable of handling the additional traffic in this area from a design and construction standpoint regardless of the zoning or development density allowed. What is not factored into this equation however is the impact that additional traffic will have on the character of the neighborhoods. In this regard, staff is inclined to rely on the comments of the residents in the area who have commented on the rezoning request. Under the provision of the plat notes, as recently amended by the commission, access to vacant Lots 2, 3 4, 5 and 6 will still be restricted to Wilton White Way. Vacant Lots 7, 8, 9, 10 and 12 will be allowed to access from either frontage, but it is expected that these lots will most likely be accessed from Sharatin Road. The access for the remaining developed lots is not likely to change in the future, although these lots also have potential to be increased in density so long as the R3 zone remains in effect for this area. RECOMMENDATION Staff believes that preponderance of information reviewed for this case supports the preservation of the existing neighborhood character by reducing the potential development density to the R2- Two - family Residential level as requested by the petitioners in this case. Regardless of the outcome of this review, staff recommends this contiguous rezone area should be treated as a single neighborhood. If it is not to be entirely rezoned to R2, then it should remain entirely R3 as currently designated. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lots 1 through 21, Block 2, Perez Estates Subdivision from R3- Multi- family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. Staff recommends that this motion be approved by the commission. Should the commission agree with staff, the following findings of fact should be adopted. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The need for this rezone request was first perceived by the residents of the rezone area and surrounding neighborhoods when a request was made to relax plat note restriction affecting access for certain vacant lots in Block 2, Perez Estates Subdivision. The relaxation of the plat notes, coupled with a recent change of ownership for those same lots, has increased the likelihood of new multi - family residential development in the existing neighborhood context. Concerned neighbors appealed the original commission ruling on the plat notes only to find that the real issue is one of zoning and not of Staff Report - Page 9 of 10 Public Hearing Item 7 -A platting. Hence this request for rezoning from R3- Multi- family Residential to R2 -Two- family Residential. The majority of residents commenting on the proposed rezone are concerned about a wide range of potential issues relating to traffic safety, property values, neighborhood character and other related concerns. Even though this area has been zoned R3 since 1966, only two multi - family residential units have been developed in Block 2, Perez Estates Subdivision in the past 15 -17 years since the subdivision has been in existence. The original rezone petition singled out only vacant lots in the neighborhood and one developed lot owned by a principal petitioner. It did not seem fair or appropriate for the commission to consider such a limited scope of rezone when so many residents in the area were expressing concerns about potential high density residential development. As a result the commission expanded the rezone area to encompass all of Block 2, Perez Estates Subdivision. While the information coming forward prior to the public hearing is predominantly favorable to preserving the medium density character of this neighborhood, it should not be considered that his is a popularity contest where the majority rules simply by sheer force of numbers. As indicated State Statutes and related case law the validity of zoning decisions is strongest when the decision is substantially based upon and consistent with the adopted comprehensive plan. In this regard, it is recommended that the rezone area be treated as a single contiguous area without resorting to any compromise that would break this neighborhood into zones of different development density. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential. The plan does not recognize a predetermined density assuming that in the vast majority of built up areas simply preserving the existing development pattern would be the preferred alternative. In this neighborhood because of the unique zoning and platting history, the potential for a new higher density residential development trend is becoming more likely due to the recent actions of the Planning & Zoning Commission to provide access relief to a number of vacant lots in this neighborhood. The preponderance of information in this case supports the reduction of development density by rezoning from R3- Multi- family Residential to R2- Two - family Residential. As noted in the staff report the two zones are very similar in that only multi - family residential (tri -plex or larger) and boardinghouses are the only uses allowed in R3 zones that are not allowed in R2 zones. As a result, a decision to approve this rezone would have little effect on the objectives of the comprehensive plan but could have a great effect on the resulting character of the affected neighborhood. Staff Report - Page 10 of 10 Chapter 17.1 15 MOBILE HOME PARKS Public Hearing Raged of 5 (17.115.030 Districts where permitted !Mobile home parks shall be 00i R3 - multifamily residential district, conditional use in the B business district [Ord. FY06 -03 §5, 2005; repealed and reenacted by Ord. 93 -63 §1, 1993; Ord. 84 -37 -0 §1, 1984. Formerly §17.26.010]. 17.115.040 Plan review. A. Every application for zoning compliance for a mobile home or a mobile home park shall include a site plan of the proposed mobile home park or expansion of an existing mobile home park except in instances where the building footprint and /or building placement is not altered. The site plan shall include: 1. The exterior boundaries of the subject property, its dimensions, and the area of the lot; and 2. All the items required by this chapter. B. Plans for drainage, solid waste disposal, lighting, sewer, water, and roads for a mobile home park shall be prepared by a registered engineer and reviewed and approved by the engineering and facilities department prior to construction of the mobile home park. C. An as -built survey may be required to accompany zoning compliance permit applications. When required, the as -built survey will show the mobile home space boundaries, space size, parking area, proposed mobile home footprint, as well as separation distances and parking areas on all adjoining mobile home park spaces. [Ord. FY06 -03 §6, 2005; repealed and reenacted by Ord. 93 -63 §1, 1993; Ord. 92 -17 §4, 1992; Ord. 84 -37 §1, 1984. Formerly §17.26.020]. 17.115.050 Park streets. A. All park streets shall be at least gravel, well drained, maintained, and open to traffic at all times. B. Two -Way Traffic. Each driving lane shall meet the minimum requirements for the design and construction of local roads within a subdivision as provided in KIBC Title 16. C. One -Way Traffic. The driving lane shall be at least 12 feet wide. D. Dead -end streets shall have a turnaround or cul -de -sac approved by the engineering and facilities department. E. No dead -end street shall exceed 500 feet in length. [Ord. FY06 -03 §7, 2005; repealed and reenacted by Ord. 93 -63 §1, 1993; Ord. 84 -37 -0 §1, 1984. Formerly §17.26.0301. 17.115.060 Parking. There shall be at least two residential parking spaces included in each mobile home space, with minimum dimensions of nine feet by 18 feet in size. Alternatively, the total amount of required parking for all mobile home spaces may be within a common parking area inside the mobile home park, subject to approval of the parking plan before the planning and zoning commission as a nonpublic hearing agenda item. All common parking areas shall be designed and approved as specified in KIBC 17.175.080. [Ord. FY06 -03 §8, 2005; repealed and reenacted by Ord. 93 -63 §1, 1993; Ord. 84 -37 -0 §1, 1984. Formerly §17.26.040]. 17.115.070 Walks. Provisions shall be made for at least a 30- inch -wide, well- drained and made of at a minimum the material as the park street, within the park for foot traffic to and from all mobile home spaces. http:// www. codepublishing .com/AK/kodiakislan> reugh6lttniydtodiakIs landBorough17/Kodiakls... 12/8/2011 1.54 -. 4„-s -,-51...,x„--- C i w y . l" 7 ° " �a /ter r ^^, !.� { 5- y a .n ++x r F 1 , � � � Y- % z. . :-- � � _ her f6 -, � • 1 6� I .1 SANITAR / ® r ,� `a r " - > °, i �.,. - , - ® ,°" ',- -- . P eE aoM e' . v�1. - � - �. , — - � sOrlW �� : �av �': �-a s �� `4. � i t °�q // -1-- LEGEND e` ' - 1 al\ tee, : �• 1 /4 < tea® = - 1- T x ` -ti C� HEAVY INDUSTRIAL / (/ � -u. ( ® � TE.. • i == HEAVY INDUSTRIAL i L - 4 - / r ,I \ � w ing ®I ® 4gATE P <aK • ® CENTRAL BUSINESS DISTRICT yy /( + y _ ) i I / / T r ®a � , r' \ i =/ mire b sfs C 7 VA SHOPPING CENTER �_7;_104‘V > b L t ® Y�� - ® Ii U �� C , LOW DENSITY RESIDENTIAL - - rP a f S � '® �� ® MED. DENSITY RESIDENTIAL - Fe ty n ,� 7 - _t - � ® " � .. r' HIGH DENSITY RESIDENTIAL `er Cy �- CN: � - /// MOBILE NOME COURTS WATER SUPPLE; =ESE /' �1 F _asii N PUBLIC AND OPEN SPACE , i Camas - °" ® - '". a S WAMP -` Z All ` <yl. 4 , /, \ ,. '�� ' fr . a++. ' t m t4 ✓§ y, "at 7."- a I-it t br -r" .1 „.. /( Ii f' p ® s i!q s` ' "„,-,, h .x. L " �"' t Jt `.'. 0� I. u — ^ - 7t§� a ir . .. f 3 r • . _! r-;g . yy r-ET •t 1'4' n..». � J�• .e' t� . J+ ' ; r 1 , a* 6 ' x w k� . `wY, T 7 -e" • '77; '7AD - Y A... y % - . . - }" r AA+ ;` '\.` e x +. L Msra ANa Wid� Y�wwl:"" N it � r _ R . +4,p, 59*:' 'SA � � r, 4 ? " '� `// I I Locatlop o erea Ee e tat s !' b ' •YI • �y ' - - t" ¢ e:.. «. . 'an • 44 ? t cr ^ �} i"'• --- -- - HlocksK. i : 2 eh .S '` :� lx_44 - ' .. mum . t. wYli n ..,3 I i , ider £i i KIB Comprehensive -CL-: �` a. .' 'r i m ,u.w � 'r r ° ' 8 J - • F= ', i' - 68 to 1999 N E � si - i/ .L � p / NT I YJ V r a � � y t`.....1� l i�\� pxr '� . -, WI - TREATMENT PLANE RESERVE � �i gan "" KODIAK aE YEAR 2000 LAND USE PLAN i Rt t,� F U IU I .... ,..... MAP 7 3 n • f ; . saii A 11/21/2002 1:43 PM Pages:l of 1 e . A 11111111111111111111111111111111111111111111111111111111111 ,- . cue ,`, �]` / : isAINiSTRIPIVEPP,YENANTS FOR e 1 { The owner of Katmai Ridge Subdivision, Michael W. Anderson, makes * the following restrictions On: • Katmai Ridge Subdivision recorded as plat 2002 -23 • Kodiak Recording District, Kodiak, Alaska, These restrictions are a burden and benefit for all the Lots within the subdivision and run with the land, • 1. There shall be no mobik homes, modular homes, or premanufactured • homes buih in this subdivision. 2. rThe maximum density for residential development shall be duplex Dated: u � 1 �ft.0, , 2002 , MW •tN MICHAEL W. ANDERSON State of Alaska ) Yss Third Judicial District )) THIS IS TO CERTIFY that before mc, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such personally appeared MCIHAEL W. ANDERSON known to be the identical individual named in and who signed and j delivered the foregoing instrument freely and voluntarily as his art and deed for the uses i and purposes therein mentioned JN WITNESS WHEREOF, I have hereunto set my hand and seal this ao day of r i.o ccn. ka-e— ,2002. • -- Nty lai gain and for Alaska ` .. My Commission Expires - [�a� tl Return w: ;+. d) nn o Michael W. Anderson -�.{� P.O. Ban 2310 + Kodiak AK 99615 } Appendix -Page 3 of 4 4 Public Hearing Item 7 -A Perez Estates Property Value Work Sheet Lot Land Value in Zoning Dev. Code Legal Description Land Value Units Area $ /Sq. Ft. R2 SFR PEREZ EST LT 1A -1 $57,400.00 5 7,591 57.56 R2 SFR PEREZ EST LT 2A $57,500.00 5 7,643 57.52 R2 SFR PEREZ EST LT 3 $58,600.00 5 8,913 $6.57 R2 SFR PEREZ EST LT 4 $58,500.00 5 8,909 $6.57 R2 SFR PEREZ EST LT 5 $58,500.00 5 8,897 $6.58 R2 DUP PEREZ EST LT 6 $58,500.00 S 8,915 $6.56 R2 SFR PEREZ EST LT 7 $58,500.00 S 8,911 $6.56 R2 SFR PEREZ EST LT 8 $58,500.00 5 8,915 $6.56 R2 SFR PEREZ EST LT 10A $57,400.00 5 7,580 $7.57 Average Price Per Square Foot in Perez Estates Block $6.90 1 R3 4PLX PEREZ EST BK 2 LT 1 558,400.00 5 8,362 $6.98 R3 VAC PEREZ EST BK 2 LT 2 558,100.00 5 8,114 $7.16 R3 VAC PEREZ EST BK 2 LT 3 $58,200.00 5 8,111 $7.18 R3 VAC PEREZ EST BK 2 LT 4 $64,700.00 5 10,755 $6.02 R3 VAC PEREZ EST BK 2 LT 5 558,500.00 5 8,908 $6.57 R3 VAC PEREZ EST BK 2 LT 6 $58,500.00 5 8,853 56.61 R3 VAC PEREZ EST BK 2 LT 7 558,100.00 5 8,078 $7.19 R3 VAC PEREZ EST BK 2 LT 8 558,100.00 5 8,078 $7.19 R3 VAC PEREZ EST BK 2 LT 9 558,100.00 5 8,078 57.19 R3 VAC PEREZ EST BK 2 LT 10 558,100.00 5 8,078 $7.19 R3 SFR PEREZ EST BK 2 LT 11 558,100.00 5 8,078 $7.19 R3 VAC PEREZ EST BK 2 LT 12 $58,500.00 5 8,580 56.82 R3 SFR PEREZ EST BK 2 LT 13 $61,400.00 5 9,766 $6.29 R3 DUP PEREZ EST BK 2 LT 14 $59,300.00 5 9,194 56.45 R3 SFR PEREZ EST BK 2 LT 15 $57,300.00 5 7,525 $7.61 R3 SFR PEREZ EST BK 2 LT 16 557,200.00 S 7,512 $7.61 R3 SMA PEREZ EST BK 2 LT 17A -1 $60,400.00 S 9,483 56.37 R3 SFR PEREZ EST BK 2 LT 18 558,300.00 5 8,345 $6.99 R3 SFR PEREZ EST BK 2 LT 19 558,400.00 5 8,467 56.90 R3 SFR PEREZ EST BK 2 LT 20 558,400.00 5 8,453 $6.91 R3 4PLX PEREZ EST BK 2 LT 21 558,300.00 5 8,358 56.98 Average Price Per Square Foot in Perez Estates Block $6.92 2 Note: This information is derived from KIB Assessing records. Appendix - Page 4 of 4 fly °'x KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: MAY 17, 2012 ITEM NO.: 13.D.3 TITLE: Hiring for the Position of Construction Inspector/ Engineer at Range 20, Step F. ORIGINATOR: Engineering and Facilities Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available [g]Yes ❑ No Account Number: 460 - 533 - 452 -140/ Amount Budgeted: Proj. 07013 ATTACHMENTS: KIB Offer Letter dated April 3, 2012, Candidate's Offer Letter dated April 17, 2012, Memo from /�/F / F Director dated May 3, 2012 APPROVAL FOR AGENDA: d "' �% SUMMARY STATEMENT: On April 3, 2012, an offer letter was sent to Mr. Dave Conrad for a full -time regular position of Construction Inspector /Engineer with the KIB Engineering & Facilities Department for the Kodiak High School Addition and Renovation and KIB Landfill Lateral Expansion and Closure projects. The offered pay rate was Range 20, Step C or $29.23 /hour and included employee benefits. The candidate offered to accept the position at a Salary Range 20, Step F or $31.48/ hour. According to Section 409 "Entrance Wage Rate" of the Kodiak Island Borough personnel manual, "the Department head, subject to managerial approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C ". We recommend the hire of an applicant who meets the requirements of the position of Construction Inspector/ Engineer. The applicant's credentials are complete and his work history demonstrates over 20 years experience in the construction management field as well as his experience assisting the Borough for the past two years in the managment of the 2009 FEMA flood disaster projects. In addition, Mr. Conrad's offer included exemption from any retirement benefits normally included in the compensation of regular employees, which represents an 8% reduction in personnel costs. RECOMMENDED MOTION: Move to authorize the salary placement of Construction Inpector /Engineer new hire at Salary Range 20, Step F. Kodiak Island Borough Page 1 of 1 Kodiak Island Borough Schedule of Pay Rates A B C D E F G H 1 J K L M 15.00 A 45,211 46,342 47,500 48,688 49,905 51,152 52,431 53,742 55,086 56,463 57,874 59,321 60,804 H 21.7361 22.2796 22.8366 23.4076 23.9928 24.5925 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 15.50 A 46,342 47,500 48,588 49,905 51,152 52,431 53,742 55,086 56,463 57,874 59,321 60,804 62,324 H 22.2796 22.8366 23.4076 23.9928 24.5925 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 16.00 A 47,500 48,688 49905 51,152 52,431 53,742 55,086 56,463 57,874 59,321 60,804 62,324 63,882 H 22.8368 23.4076 23.9928 24.5925 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 30.7126 16.50 A 48,688 49,905 51,152 52,431 53,742 55,086 56,463 57,874 59,321 80,804 62,324 63,882 65,479 H 23.4076 23.9928 24.5925 25.2074 25.8376 26.4835 27,1455 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 17.00 A 49,905 51,152 52,431 53,742 55,086 56,463 57,874 59,321 60,804 62,324 63,882 65,479 67,116 H 23.9928 24.5925 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 17.50 A 51,152 52,431 53,742 55,086 56,463 57,874 59,321 60,804 62,324 63,882 65,479 67,116 58,794 H 24.5925 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 18.00 A 52,431 53,742 55,086 56,463 57,874 59,321 60,804 62,324 63,882 65,479 67,116 68,794 70,514 H 25.2074 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29,9635 30.7126 31.4804 32.2675 33.0741 33.9010 18.50 A 53,742 55,086 56,463 57,874 59,321 60,804 62,324 63,882 65,479 67,116 68,794 70,514 72,277 H 25.8376 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 19,00 A 55,086 56,463 57,874 59,321 60,804 62,324 63,882 65,479 67,116 68,794 70.514 72,277 74,084 H 26.4835 27.1455 27.8242 28.5198 29.2328 29.9635 30.7126 31,4804 32.2575 33.0741 33.9010 34.7485 35.6172 19,50 A 56,463 57,874 59,321 60,804 62.324 63,882 65,479 67,115 68,794 70,514 72,277 74,084 75,936 H 27,1455 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35.6172 36.5077 20.00 A 57,874 59,321 60,804 ' 62,324 63,882 65,479 67,118 68,794 70,514 72,277 74,084 75,936 77,834 H 27.8242 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35,6172 36.5077 37.4203 20.50 A 59,321 60,804 62,324 63,882 65,479 67,116 68,794 70,514 72,277 74,084 75,936 77,834 79,780 H 28.5198 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35.6172 36.5077 37.4203 38.3558 21.00 A 60,304 62,324 63,882 65,479 67,116 68,794 70,514 72,277 74,084 75,936 77,834 79.780 81,775 H 29.2328 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35.6172 36.5077 37.4203 38.3558 39.3148 21.50 A 62,324 63,882 65,479 67,116 68,794 70,514 72,277 74,084 75,936 77,834 79,780 81,775 83,819 11 29.9635 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35,6172 36.5077 37.4203 38.3558 39,3148 40.2977 22.00 A 63,882 65,479 67,116 68,794 70,514 72,277 74,084 75,936 77.834 79,780 81,775 83,819 85,915 H 30.7126 31.4804 32.2675 33.0741 33.9010 34.7485 35.6172 36,5077 37.4203 38.3558 39.3148 40.2977 41.3052 Effective 1/1/2011 Page 2 ** * Kodiak Island °roughh t u , ` . Manager's Office • akt 11 710 Mill Bay Road Kodiak, Alaska 99615 I f ' 4- a� Phone (907) 486 -9301 Fax (907) 486 -9374 a: ;- i April 3,2012 David G. Conrad PO Box 25N Kodiak, AK 99615 Dear Mr. Conrad: The purpose of this letter is to formally offer you the full -time, regular position of Construction Inspector /Engincer with the Kodiak Island Borough Engineering & Facilities Department, contingent upon successful completion of a background check This offer of employment is scheduled to begin the week of April 2, 2012. Please report to Room 123 to begin orientation. Your starting pay rate will be at Range 20 Step C or $29.23 /hour. Employees are paid on a biweekly pay schedule. Paychecks will be distributed at the Kodiak Island Borough offices located at 710 Mill Bay Road, Kodiak, Alaska. This position may require occasional scheduled overtime, and you are entitled to overtime pay at the rate of one and one -half (1.5) times the normal rate of pay for any hours worked over eight (8) hours in a day or forty (40) hours in a week. You will be entitled to employee benefits as designated in the Kodiak Island Borough personnel policies; these are subject to change. The hours for this position are eight (8) hours a day 8:00 a.m. to 5:00 p.m., Monday through Friday. This position will be responsible for providing the inspection of the following two projects: The Kodiak High School Addition and Renovation Project, and the Kodiak Island Borough Lateral Landfill Expansion and Closure Project. It is understood that these projects are estimated to last from two (2) to four (4) years. As this is a time - limited position, it is non- PERSable. All new regular employees after serving a six -month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Employment is on an at -will basis, therefore, employees are free to resign their employment at any time for any reason. The Kodiak Island Borough retains that same right. Employees must obtain at least a satisfactory performance rating at the time they complete their probationary period in order to obtain regular status. Upon successful completion of the probationary period, you will advance to the next horizontal step of the salary scale. Continued employment with the Kodiak Island Borough will be based on acceptable job performance and adequate funding. All employees are expected to sign and abide by the following Kodiak Island Borough policies: Drug - free Workplace Policy, Blood -borne Pathogens Policy, Sexual Harassment Policy, and Computer Resources Policy. If you accept this offer of employment, please indicate by signing below and returning this letter to the Kodiak Island Borough Manager's Office, Room 125, 710 Mill Bay Road, Kodiak, AK 99615. Sincerely, Kodiak Island Borough ACCEPTANCE OF OFFER I accept the employment opportunity as a full -time, regular Construction Inspector /Engineer for the Kodiak Island Borough Engineering & Facilities Department, as outlined above. It is understood that this offer of employment is contingent upon successful completion of a background check to be conducted by KIB's insurance carrier. David G. Conrad Date April 17, 2012 Mr, Rick Gifford Kodiak island Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Gifford: Subject: Offer Letter — Construction Inspector/Engineer 1 have received a portion of the information requested in my response letter of April 6, 2012 regarding the personnel benefit package associated with employment at the Kodiak Island Borough. I am interested in this full time employment offer. At this time it is my position that due to the requirements and responsibilities associated with the Construction Inspector /Engineer and the project specific longevity of the offer, the current salary is not commensurate with the expectations of job performance or my documented experience in government contracting and various construction related positions. The current salary offer in Range 20, Step C of $29.23 and the lack of contribution to any retirement compensation compel me to request consideration by the KIB to place the starting salary at Range 20, Step F at $31.48. In addition 1 am requesting consideration for the award of annual leave and sick time accrued to date with my current position be awarded at the cumulative accrual of 1040 compensated hours. Should the KIB find these conditions acceptable, I would be pleased to accept this position and be available for employment within one work week. Thank you for your time and consideration with this matter. - .David G. Conrad KODIAK ISLAND 1 to R 1 UGH / t; a i `_ . DEPARTMENT of ENGINEERING and FACILITIES A t r '1. 4 :, WOODY KONING, DIRECTOR ,a e ' y -` wkoning @kodiakak.us DATE: 5 -3 -2012 TO: Rick Gifford FROM: Woody Koning RE: David Conrad In response to Mr. Conrad's letter countering your offer for temporary employment as construction Inspector/Engineer, I recommend forwarding his offer to the Assembly for approval. Dave agrees to begin employment at a starting salary of Range 20, Step F, which is currently designated as $31.48 per hour. The offer includes exemption from any retirement benefits normally included in compensation for regular employees, which represents an 8% reduction in personnel costs to the borough. Additionally, local market rates for this level of work would range around $100 per hour. Dave's twenty years plus experience supervising and managing all aspects of construction and facility maintenance including estimating, quality control, and quality assurance elevates his status from entry level to veteran. His many years of construction management experience on Kodiak Island provides valuable local knowledge that is not taught in schools. Dave has worked as a part -time temporary employee for the borough for the past two years assisting in the management of the 2009 flood disaster. He has done a remarkable job learning the difficult FEMA process of project development and project management. As part of his work managing the disaster funding he has become familiar with the funding mechanisms for both pre and post disaster funding mechanisms through federal granting agencies. His offer to accept temporary employment at Range 20 Step F is fair and provides the borough value and competence with nearly zero learning curve. I recommend approval. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET }� Regular / Special ( T f 2 • 3( Date: U1 - 1171 1 � 11° r1 Convened: I 1 . 51) p- �• Recessed: Reconvened: /� 0� I 1 r Adjourned: BY: BY: g.49,4_.., ` BY: `" U 1 " Vim"` BY: 0 (J (� Ka � BY: SECOND: SECOND: l)� ' SECOND: �1 4 SECOND: 60" SECOND: t ,,,,vik ) wok 94 efAAP III ari- St5"791 (i V . 'r: 'YES NO YES NO YES NO YES NO ' ' YES NO ._ . • Ms. Austerman 1 / s 4 ;0 , • .3. .a " a l o p , .. a%• a _': vi �� - -K lo o• �� c ' a.:iui- ' Mr. Bonney ✓ V Mr. Bonney Mr. Bonney Mr. Bonney e / Mr. Bonney f , / Mr. Friend t / Mr. Friend Mr. Friend Mr. Friend / Mr. Friend v � Mr. Kaplan v . / Mr. Kaplan Mr. Kaplan Mr. Kaplan V I Mr. Kaplan Ms. Lynch V , / Ms. Lynch Ms. Lynch Ms. Lynch I / Ms. Lynch Mr. Stephens / Mr. Stephens Mr. Stephens Mr. Stephens 1 7 Mr. Stephens V Ms. Stutes , / Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes ' •LCHANGE VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?, TOTAL: TOTAL: TOTAL: TOTAL: 4 TOTAL: a' 4 The mayor may not vote except in the case where only six members of the assembly are present and there is a thhrree/ ree tie vote of the assembly. Mayor Selby ✓ M. • - • Ma or Selb u . • - • Mayor Selby / / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �1I Regular �/ S pecial Date: r ii i L �Cl - Convened: Recessed: Reconvened: Adjourned: BY: 6 k fil1/4) BY: tioni.iiett BY: L`I/ BY: 9- v aa BY: Boa Kil, SECOND: 0 SECOND: Q� II�„ Q�� k SECOND: g SECOND: cI on CUPAVAP urouiltfitge/ Cothr 6 Ord po. 4 L o ,,ok029 -} , , t ell - � l � - o f glo \- �,o YES NO YES NO YES NO YES NO .YES NO A st rmyc \ Ms ' term- • Ms. rman rM AysteTrht^aQV vls ist4r:aa`i N_,/ Mr. Bonney \ Mr. Bonney Mr. Bonney Mr. Bonney , / Mr. Bonney V Mr. Friend Mr. Friend . / Mr. Friend , / Mr. Friend V , / Mr. Friend l i t Mr. Kaplan Mr. Kaplan �/� / Mr. Kaplan V ' / Mr. Kaplan v / Mr. Kaplan Ms. Lynch ✓ Ms. Lynch I/ V Ms. Lynch Ms. Lynch V , / Ms. Lynch V Mr. Stephens ✓ Mr. Stephens / V Mr. Stephens i Mr. Stephens f 7 Mr. Stephens ✓ Ms. Stutes Ms. Stutes V Ms. Stutes t / Ms. Stutes 7 Ms. Stutes *—v jCHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: �1 TOTAL: r j TOTAL: 0 TOTAL: / 0 TOTAL: L2. 0 The mayor ay not v to except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 4 / Regular V Special Date: odiilaota Convened: Recessed: Reconvened: Adjourned: 0 ` Lt l r. "1- BY: l Y /L- BY: r BY: l (/o„ BY: BY: SECOND: lib SECOND: \ SECOND: SECOND: 1\it1/410/001.3 • 1 , , Al t i t R stAllreid \it- YES NO YES NO YES NO YES NO YES NO s u r -a M . : m.. s. ° • u. • M terms ster a‘A/ t Mr. Bonney Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney Mr. Friend , / Mr. Friend '! / Mr. Friend t/ Mr. Friend Mr. Friend Mr. Kaplan v . / Mr. Kaplan `� Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan V Ms. Lynch Ms. Lynch V � Ms. Lynch ; / Ms. Lynch Ms. Lynch Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephens Mr. Stephens Ms. Stutes , / Ms. Stutes ‘ Ms. Stutes ✓ Ms. Stutes Ms. Stutes CHANGE OF VOTE? HANGE OF VOT? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: 0 ( TOTAL: 5 ` TOTAL: Le O TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Ku l ) Kodiak Island Borough Assembly Regular Meeting Guidelines May 17, 2012, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Mayor Selby who is attending a NACO Western Interstate Region Conference and Assembly member Austerman who is absent due to personal leave. VOICE VOTE ON MOTION. 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. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of April 19, 2012. * Resolution No. FY2012 -30 Disposing of Certain Borough Owned Land to the City of Kodiak for Less Than Fair Market Value (P &Z Case 12 -031). * Approval of Revised Planning and Zoning Commission By -Laws. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of April 19, 2012. PLEASE ANNOUNCE: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines May 17, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Safe Boating Week Proclamation • Accepting: Drew Herman, Flotilla 23 Commander B. Kodiak Chamber of Commerce Economic Development Update — Lale (Lah -lay) Gurer, Economic Development Specialist C. Kodiak Island Convention and Visitors Bureau Presentation - Janet Buckingham, Executive Director D. FY2013 Budget Power Point Presentation — Finance Director Karl Short 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Resolution No. FY2013 -01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013. Recommended motion: Move to adopt Resolution No. FY2013 -01. Clerk's Note: Attached on breed paper is a memo from Finance Director Short regarding possible amendments to this resolution. Staff Report — Manager Gifford Open public hearing. Read phone number: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page ... Kodiak Island Borough Assembly Guidelines May 17, 2012 Page 2 B. Ordinance No. FY2012 -16 Amending Various Code Sections in Title 7 Elections. Recommended motion: Move to adopt Ordinance No. FY2012 -16. Clerk's note: Attached on 'blug paper is the substituted copy of Ordinance No. FY2012 -16. Staff Report — Clerk Javier Recommended motion: Move to amend Ordinance No. FY2012 -16 by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone number: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Friend) 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -20 Professional Services Agreement for Coordination /Constructability and Code Compliance Review of the Kodiak High School Addition and Renovation Project Design Documents. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -20 with PC Associates for the Coordination /Constructability Review and Code Compliance Review services in an amount not to exceed $141,371. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 17, 2012 Page 3 B. Resolutions 1. *Resolution No. FY2012 -30 Disposing of Certain Borough Owned Land to the City of Kodiak for Less Than Fair Market Value (P &Z Case 12 -031). C. Ordinances for Introduction 1. Ordinance No. FY2013 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2012 and Ending on the Thirtieth Day of June 2013 (Fiscal Year 2013 Budget). Recommended motion: Move to adopt Ordinance No. FY2013 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. *Approval of Revised Planning and Zoning Commission By -Laws. 2. Assembly Review of a Planning and Zoning Commission Case Recommending Denial of a Rezone of Certain Properties Along Sharatin Road and Wilton White Way (P &Z Case 12 -022 — Wolf, Arnold, and Breeden). Recommended motion: Move to direct staff to prepare an ordinance for introduction to rezone Lots 1 -21, Blk 2, Perez Estates Subdivision from the R3- Multifamily Residential District to R2 -Two Family Residential District. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. PLEASE ANNOUNCE: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Continued on next page... Kodiak Island Borough Assembly Guidelines May 17, 2012 Page 4 3. Hiring for the Position of Construction Inspector /Engineer at Salary Range 20, Step F. Recommended motion: Move to authorize the salary placement of Construction Inspector /Engineer new hire at Salary Range 20, Step F. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Deputy Presiding Officer Friend The Assembly will hold a special meeting and work session on Thursday, May 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 7 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices will be closed on Monday, May 28, in observance of the Memorial Day Holiday. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 17, 2012 Page 5 KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: may 17, c2D /0. Please PRINT your name Please PRINT your ,name gc,d 0 ct_ � U {),(4:47- c:\ 0 ;veicr „,) Y i\xv‘ 1) t� �� zc3i A.0 e cze gi:„.fra T >N/ ECONOMIC DEVELOPMENT SPECIALIST ANNUAL REPORT Kodiak Island Borough May 17, 2012 Comprehensive Economic Development Strategy (CEDS): Each year the CEDS document is updated and reviewed by the CEDS Committee. Once the resolutions are received from the City of Kodiak, Kodiak Island Borough and Kodiak Chamber of Commerce the updated document will be forwarded to US Dept of Commerce EDA. In order for communities to, receive federal funding, they are required to include their Capital Improvements Projects list in the CEDS. The Chamber continues to host quarterly CEDS committee meetings. A total of four CEDS meetings were held within the FY 2012. Our most recent topics of discussion included review and updated of the CEDS document, Kodiak High School Career Tech Program, Career Readiness Certificate program and J -1 visa program. Southwest Alaska Municipal Conference: Trevor Brown, the director of Kodiak Chamber of Commerce, continues to serve on the Southwest Alaska Municipal Conference Board of directors. Trevor Brown was elected to serve another two year term at the Annual Meeting in February. The Chamber of Commerce continues to get involved with the SWAMC projects. We are recently assisting them for their USDA funded broadband project which is to promote the current use of Internet and potential benefits of extended broadband technology for the Southwest Alaska communities. Economic Development Summit: The Kodiak Chamber of Commerce partnered with SWAMC and San Francisco Federal Reserve Bank to hold a small business economic development summit in Kodiak. The main goal of the summit was to provide resources that are available for local small businesses. The topics of discussion included challenges and barriers of operating a business in Kodiak. Retail Meetings: The Chamber continues to be involved with the local retailers. The Sales Tax Free Day saw its fourth year this past March. Questionnaires sent to retailers after the event. Responses were very positive. The City of Kodiak has designated the first Saturday in March Sales Tax Free Day. Comfish: This year's Comfish event was held at the new Convention Center and feedback from businesses, fishermen and the general public were all very positive. The chamber is tasked with finding ways to make the event more relevant to the needs of today's fishermen. Kodiak College Advisory Council: A Chamber employee serves as a member of the Kodiak College Local Advisory Council, which meets on a monthly basis. Input from the group helps shape the focus and strategy of the College. The topics of discussion were 1 Kodiak College graduation, the structure and updates of math classes, Alaska Basic Education program. Kodiak Fisheries Advisory Committee: Trevor has facilitated 4 meetings of the Kodiak Fisheries Advisory Committee, a joint committee of the City of Kodiak and Kodiak Island Borough. The committee is made up of 18 appointed seats from all sectors of the fishing fleet and local community. The committee discusses issues facing the local fisheries and possible effects they may have on the community. Recommendations from the committee are forwarded to the City Council and Borough Assembly. The committee is a valuable venue for the exchange of information and ideas between the different sectors of Kodiak's fishing community. The topics of discussion were NOAA budget reduction, Chinook by- catch, halibut by -catch PSC motion, Halibut Sablefish IFQ program, Crab EDR and Re- structured Observer Program. Contact Lale Gurer, Kodiak Chamber of Commerce Phone: (907) 486 -5557 Email: tale @kodiak.org 2 CHANGES ON KODIAK'S ECONOMY SEAFOOD Commercial Seafood Harvest Value & Volume Port of Kodiak 1990 -2010 400.0 350.0 300.0 " — — 250.0 / t — 200.0 ' — — — — — — 150.0 — — — — — — — — 1 0 0 .0 0 0 0 0 0 0 4 0 0°3 O° o^ 0 o 0 6 O � 0 Total lbs. (mil.) II Total $ (mil.) Kodiak continues to be one of the top three fishing ports in the Unites States in terms of ex- vessel value. The 2010 ex- vessel value of all fish coming into Kodiak was $132.3 million, up from $115.5 million in 2009, a 14% increase. Port of Kodiak landing volume in 2010 was 313 million pounds, up from 294 in 2009. Salmon has traditionally been the mainstay of Kodiak's fisheries. Because of the cyclic nature of the salmon fisheries -- especially pink salmon -- the volume and value of Kodiak's salmon catch varies greatly. Increased competition in world markets has also driven prices to new lows. In 1997, the ex- vessel value of Kodiak's salmon harvest was $18.8 million compared to $25 million in 1996 and $53 million in 1995. The ex- vessel value of salmon in 2009 was $39.1 million up from $17.8 million harvested in 2005. During the recent years, ground fish fishery (primarily pollock and cod) has become increasingly important to Kodiak's economy. In 2010, ground fish accounted for 44% of the total ex- vessel value with a 9% increase compared to previous year. Halibut followed with the 24% and salmon was 22% of the total ex- vessel value in 2010. 3 EMPLOYMENT Kodiak Island Borough Monthly Employment Trends January 2001 to December 2011 8,000 7,000 _ r a 5,000 v' ` . .V' �Vesr�r A ._ 0 4,000 a 3,000 Employed - - - -12 Month Average Unemployed Z 2,000 1,000 N N CO to v O u1 N l0 '0 IN N. m CO at 01 0 0 r r O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 N N N N N N N N CM N N N N N N N N N N N N N n r n r n r n r n r n r n r n r n r n r n source: Alaska Department of Labor Kodiak's employment varies throughout the year due to the seasonal nature of the fishing industry. Employment usually peaks during the months of July, August and September when fish harvesting is busiest, and declines in November and December as yearly fishing quotas are reached. For this reason, Kodiak is characterized by large swings in its monthly unemployment rate throughout the year. Kodiak's average annual unemployment rate in 2011 was 7.0 %, remaining almost the same as 2010 unemployment rate of 7.1 %. The average number of jobs increased from 6,194 to 6,537 in 2011 and the size of the active work force increased to from 6,674 to 7,025. In 2011, monthly unemployment rate varied from a low of 5.5% to a high of 12.1% in December due to the seasonal fluctuations in the fishing industry. 4 COST OF LIVING There are several studies exist in order to determine cost of living in cities in Alaska and around the country. In the American Chamber of Commerce Researchers Association (ACCRA) Cost of Living Index is designed to answer "How do urban areas compare in the cost of maintaining a standard of living appropriate for moderately affluent professional and managerial households? The ACCRA Cost of Living Index provides a useful measure of living costs among approximately 300 different cities in the U.S. There are four Alaskan cities included in the report: Anchorage, Fairbanks, Juneau, and Kodiak. The ACCRA Cost of Living Index data is gathered 3 times a year — January, April, and July for 61 standardized items. Items are categorized as Grocery, Housing, Utilities, Transportation, Healthcare and Misc. Goods and Services. The average price data of the each group is converted into an index number for each participating city and then used for comparative purposes. The ACCRA study does not take into account local tax burden or income levels, and is intended as a comparison of prices relative to a national average (100). 250.0 Comparative Cost of Living 2011 200.0 137.0 139.4 148.9 0 I 1 152.7 150.0 131.x_ 127.4 — % 1122'6 130.7 1 32.3 iiui:I Composite Grocery ( %) Housing ( %) Utilities ( %) Transp. ( %) Healthcare Misc. Goods index ( %) ( %) and Services a Anchorage • Fairbanks o Juneau • Kodiak ( %) Based on 2011 data collected by the Kodiak Chamber of Commerce and provided to the ACCRA, Kodiak living costs are 27 %more expensive than an average U.S city. When compared with other cities in Alaska, Kodiak overall cost of living index, housing (monthly apt. rent including water and sewer, new house purchase, mortgage interest rate, mortgage monthly principal and interest payment) and healthcare (optometrist, doctor, dentist, etc.) are the lowest among Anchorage, Fairbanks and Juneau. However, Kodiak transportation index (based on tire balancing and gasoline prices) and grocery items (26 items) seem to be the most expensive categories. Kodiak is also the third most expensive city among the others in terms of utility rates (electricity, heating oil and telephone). 5 POPULATION According to the Alaska Department of Labor, the estimated 2011 population of the Kodiak Island Borough is 13,870, higher than the 2010 population of 13,592. Population has remained virtually steady since 1997 when the estimated population was 13,648. Kodiak Island Borough Population • 1995 -2011 15,000 14,500 14,000 17 , 13,500 F i i�� ■. 13,000 u ' I I I 12,500 CP CP 9‘ 9 cP 0 O 0 O� O a e O O e e ^ ^ \9 N9 N9 9 r ry rO (19 rO y 0 9 99 , , 6 BANK DEPOSITS Kodiak Island Borough - Bank Deposits ($) $250 $192 194 $200 $17�>�� $150 $130 -$128 $135 $141 $141 $139 /1 - i S120 $120 $117 • � a �i•i�� .•••r $100 $50 $0 ' 1 ' 1 1 , 1 1 1 1 1 I 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Source: Federal Deposit Insurance Corporation Kodiak Island Borough total bank deposits have increased by 60% over the last 10 year period from 2000 to 2010. Bank deposits increased in 2011 to approximately $194 million by 1 %. This includes deposits from Kodiak's three commercial banks. Because this is a "snapshot" taken on June 30 of each year, it may not accurately reflect the economic situation brought about by the variability of the different fishing seasons. 7 GROSS SALES RECIEPT City of Kodiak Total Sales Receipts 1st quarter 1994 to 1st quarter 2011 $130,000,000 $120,000,000 1 $110,000,000 1 $100,000,000 J ' " � 11 , $90,000,000 f $70,000,000 , : '11► 1 , $60,000,000 ' y $50,000,000 f $40,000,000 LO CD n CO a) r N 0 0 In f0 n co a) o rn rn0 rnrnrn rn 00000000rr aa aa aaaaaaaaaa• aaaa N N co N N N N N N N N N N CO N N N — Quarterly Receipts — 4 quarter average Total retail sales within the city have increased more than 79% since 1994 (not adjusted for inflation). There is a close correlation between retail sales and the strength of local fisheries. In 1995, after a record - breaking salmon season, retail sales climbed 9 %. In the second half of 1996, when the salmon harvest dropped and fish prices fell, retail sales went down approximately 10- to -12 %. Retail sales have increased significantly since the opening of a local Wal -Mart store in the spring of 1999. Gross sales receipts of the City of Kodiak decreased by 2.7 %, going from $406 million in 2009 to a little over $395 million in 2010. Gross sales receipts of the City of Kodiak in 2011 was $396 million which is almost the same as 2010 of $395 million. As we head into 2012 the 1' quarter numbers are up by 11% over the 1s` quarter of 2010. 8 May 17 Annual r' - , % =LL u R eport 4 J l Report to the Kodiak Island Borough Kodiak Island Convention & Visitors Bureau Report to the Kodiak Island Borough May 2012 Website: This year, the KICVB acquired full ownership of the domain kodiak.org and have recently contracted for a rebuild of our website, which will no longer be shared with the Chamber of Commerce. The new website will incorporate many, many new features including more accurate and useful analytics and demographics. The analytics reported below are from our web hosting site and it is cautioned that website analytics are really difficult to interpret with behind the scenes "autobots" causing false hits, but we have attempted to extrapolate some information. Across the board, www.kodiak.org has shown a small increase (over 2011) in hits, pages, number of visitors and unique visits. ✓ 14.9 million hits = someone visits kodiak.org and opens or "hits" a multitude of items. Think of it as if visiting a book store, picking up a book and opening it to read a sentence or paragraph; each sentence or paragraph is a hit. ✓ 2.9 million pages =This equates to the number of pages looked at while visiting kodiak.org. In the book store analogy, this would be the number of books picked up without reading sentences. ✓ 281,855 Number of visits = The number of times people went through the door of kodiak.org (or the book store in the analogy) ✓ 176,836 unique visits = These are unique IP addresses; all different people visiting kodiak.org in one year. Visitor Center: We served approximately 5,000 visitors in the information center from January 1, 2011, to December 2011 and another 3,200 since the beginning of 2012. Membership: The KICVB currently has 251 members from all sectors of business, with, of course, an emphasis on tourism related businesses. Cruise Industry: KICVB staff and the community of Kodiak welcomed 14,868 passengers traveling on 15 ships. 2012 will bring us 14 ships carrying 13, 620 passengers. The KICVB recently received news that Holland America is dropping its 14 -day cruise in South Central Alaska, which included Kodiak, and replacing it with more 7 -day cruises in Southeast. Social Media. KICVB's Facebook page has continued to expand. We currently have 12,636 fans and are the largest Facebook fan base of any destination in Alaska. We experimented with Facebook advertising this past quarter and increased our fan base by 1000 in four days. Our ad created an 80 %" click throughs" to our site, which is phenomenal results by any standard. Our new website will do a better job of integrating social media including Facebook, Twitter, YouTube and other sites. We plan on developing a YouTube and Pinterest site within the next few months. ATIA Board of Directors: KICVB executive director Janet Buckingham continues to serve on the Alaska Travel Tourism Industry Board of Directors. In that capacity, she also serves on the marketing committee participating specifically in the public relations and website subcommittees. She is also a member of the Grass Roots subcommittee of Government Relations. In that role she is committed to keeping Kodiak informed of legislation involving tourism in Alaska and will, from time to time, request KICVB membership assistance in contacting legislators on issues that may impact tourism and economic development in Kodiak. Discover Kodiak Visitors Guide. The 2011 visitors guide was sent directly to approximately 7,000 consumers through www.kodiak.org, phone inquiries, email inquiries, and or Alaska Travel Industry Association leads from January 2011 - December; another 5500 2012 visitor guides have been mailed since the beginning of the year. Additional targeted case distribution of Kodiak Visitor Guide Ted Stevens International AMHS (Kennicott, Tustumena) Petersburg Chamber Airport, Anchorage Copper Valley Chamber Seward CVB Soldotna Chamber AMH Homer Terminal Wrangell CVB Haines CVB AAA Travel Ohio Valdez CVB Fairbanks CVB Casa de Oro Travel, CA Tok, Alaska (AK Public Lands) Morris Cultural & Visitor Center Homer CVB Kenai Area Visitor Center Anchorage CVB Juneau CVB Kenai CVB Alaska Ferry Adventures Ketchikan CVB Yukon Visitor Center Kenai CVB Unalaska CVB Glen Allen CVB Prince Rupert Ferry Terminal Old Harbor Lodges, Denali Park Texas Area Travel Agency Anchorage and vicinity ABC Motor Home Rentals Eagle River Chamber Holiday Inn Express Alaska Railroad Eagle River Microtel Howard Johnson Inn at Whittier Alyeska Resort Elmendorf Armed Service Kenai Fjord Tours Anchorage CVB Elmendorf North Star Marriott Hotel Anchorage Grand Hotel Elmendorf Outdoor Rec Mat -Su CVB Arctic Adventure Hostel Embassy Suites Mush Inn Best Western Golden Lion Executive Suites Palmer Chamber of Commerce Black Angus Ext Stay Inn downtown Parkwood Inn Clarion Suites Ext Stay Inn Midtown Puffin Inn Coastal Inn Fort Rich Armed Service Ramada Inn downtown Comfort Inn Fort Rich Family Service Residence Inn Comfort Inn Intl Fort Rich Lodging Ship Creek Center Courtyard Marriott Fort Rich Outdoor Rec Ship Creek RV Ctr Creekwood Inn Glacier Ranger Station Springhill Suites Cruise America Gold Nugget Camper Park Super 8 Days Inn Great AK Motor Home Rental Whittier Ferry Terminal Diamond Hotel Hawthorne Suites Whittier Inn Dorothy Page Museum Hilton Hotel Locally these businesses (and more) assist in the distribution of visitor guides: Best Western Kodiak Inn Kodiak Sports & Tours Comfort Inn US Coast Guard Russian Heritage Inn Island Seafoods (included in every order) Shelikof Lodge Alutiiq Museum Andrew Airways (takes to additional consumer shows) Baranov Museum Mack's Sport Shop Spirit of Alaska Wilderness Adventures (takes to First Student additional consumer shows) Senator Gary Stevens (distributes in Juneau) Kodiak Outdoor Adventures (takes to sportsman's Representative Alan Austerman (distributes in Juneau) shows) Kodiak Visitor Guide Placement FY 2011 -2012 200 -300 visitor guides at each show • Travel Franchise Group Leaders (Domestic Travel Agents), Kissimee, FL June 2011 • JATA World Tourism Congress (Japanese Association of Travel Agents) Tokyo, Japan Sep 2011 • Adventures in Travel Expo (Domestic consumer) Dallas Nov 2011 • Pacific Marine Expo (commercial fish) Seattle, WA Nov 2011 • Western Hunting & Conservation Exposition, Salt Lake City Jan 2011 ▪ Seattle Boat Show (consumer) Seattle, WA Jan 2012 • New York Times Travel Show (domestic consumer) Feb 2012 • Wild Sheep Foundation Show & Auction, Reno NV Feb 2012 • Adirondack Outdoorsman Show (domestic consumer) Feb 2012 • Northwest Sportshow (domestic consumer) KICVB Shows Attended by Staff or Board • AARP Life After 50 Event /Show (Domestic Consumer) Los Angeles Sept 2011 • Alaska Media Road Show, Santa Barbara, CA Oct 2011 (One on one with 25 media representatives interested in Kodiak) • Adventures in Travel Expo (Chicago, Illinois) Jan 2012 • International Tourism Exchange Berlin (International Trade, consumer, media Mar 2012 • International Sportsman's Show, Salt Lake City, Utah (consumer) March 2012 • Great Alaska Sportsman's Show, Anchorage (consumer) April 2012 • Additional shows to be announced for 2012 & 2013 Magazine advertising appeared in the following magazines in 2011 and to date in 2012 • Fish Alaska Magazine • AAA Journeys • Northwest Jackpot Magazine • Smart Meetings • Life After 50 (targeted California) • California Sportsman Magazine (also online) • Traveling Angler Magazine • Sunset Magazine • USA Today Most popular search engines to find our site Other sites people use to get to kodiak.org: 1. Google 1. Facebook 4. Kodiakak.us (Borough) 2. Bing 2. Wikipedia 5. Travelalaska.com (ATIA) 3. Yahoo 3. Alaska.gov (state) What states /countries are most interested in Kodiak? KODIAK INQUIRIES through kodiak.org ALASKA STATE TRAVEL INQUIRIES Top 10 States Top 10 States (excluding Alaska} California California Texas Florida Florida Texas Alaska New York New York Illinois Colorado Michigan Pennsylvania Georgia Minnesota Washington Washington North Carolina Ohio /Illinois Wisconsin Kodiak Specific Inquiries — travelalaska.com (ATIA website) Top 10 states California Texas New York Florida Pennsylvania Ohio Michigan Wisconsin Minnesota Illinois INTERNATIONAL INQUIRIES (requesting VG) INTERNATIONAL INQUIRIES (visiting Kodiak Top 3 countries kodiak.org but not necessarily requesting VG) Kodiak Top 5 Canada Germany Brazil Great Britain Germany Canada Australia Switzerland International Inquiries about Kodiak International Inquiries about Alaska Coming through travelalaska.com coming through state (travelalaska.com) Canada Canada Germany United Kingdom United Kingdom Australia Highlights from Alaska Travel Industry Research 2011 GMA Research Corporation for Alaska Travel Industry Association (1400 interviews were conducted; 1,000 prospective travelers and 400 who had already visited Alaska) (7% of those interviewed who already visited Alaska came to Kodiak) • Interest in Alaska is high 73% of those who already visited Alaska have plans to return to Alaska in the next 5 years 53% of prospective visitors said they will visit in next 5 years Why do people want to come to Alaska? 1. I've always wanted to go there (most frequent response) 2. Beautiful Scenery /wildlife (53 %) (Compare to answer of fishing at 6 %) Highest rated activities: Lowest rated activities: 1. Viewing outstanding scenery 1. Golf 2. Wildlife viewing 2. Winter sports 3. Shopping 3. Bird watching 4. Dining out 4. Fishing 5. Cruising Main reasons stated by those who do NOT intend to visit Alaska: 1. Cold /freezing weather 2. Cost too high 3. Too much time required for trip Repeat market significant and increasing: 57% of visitors are first - timers, but 43% are repeat visitors Many people are involved in decision to come to Alaska (usually spouse, friends, and other family). It is very often for a special occasion. Most frequent: anniversary, birthday, retirement (in that order) When are they deciding and when are they booking? Average time between decision and visit: 8.6 months Average time between booking and visit: 5.4 months (cruise visitors 6.1 months, car /RV 5.3 months, air, 3.7 months) 19% decided a year or more in advance 44% booked between 3 -6 months in advance of travel 12% book within 2 months of travel 51% of those traveling to Alaska in 2011 used a travel agent to assist in trip planning What will people pay for a trip to Alaska? 37% willing to pay up to $2500 per person (entire trip including transportation) 62% willing to pay up to $2000 per person (entire trip including transportation) 87% willing to pay up to $1500 per person (entire trip including transportation) Asked in another way 43% of people interviewed indicated that cost would need to be under $2000 before they would consider coming to Alaska. 30% stated between $1000 — 1999. 53% stated that cost is the greatest barrier to coming to Alaska 24% said no particular reason 23% stated the distance was too far /too much time needed (most said they would need 11 days or more) What tools are people using to plan and book? 52% of visitors used Internet as planning tool 79% of visitors to Alaska used internet to make travel related reservations and /or purchases 81% of potential visitors use the internet to make travel related reservations and /or purchases Mobile devices (smart phones, laptops, iPads, etc.) are playing an increasing role: 33% of visitors used their device to help with travel planning accessing where to go next, using maps, etc. 67% checked flight status 60% used device for web check -in or transportation research 26% used device for travel related purchases Where are our visitors coming from? The highest potential for visitors to Alaska are from the West, South, East, Midwest (in that order). Top mentioned additional sources (besides state website travelalaska.com) for trip planning /arranging: 1. Travel books (52 %) 2. Cruise line website (51 %) 3. Friends /relatives (40 %) 4. Cruise line advertising (38 %) 5. Destination website (24 %) 6. Official Alaska Vacation Planner (22 %) 7. Magazine articles (15 %) 8. Wrote or called tourism office (14 %) 9. Magazine advertising (12 %) 10. Wrote or called Alaska company (12 %) Impact of Reality Television on Alaska Visitation Over half of the 2011 visitors to Alaska have seen: - -Ice Road Truckers (52 %) - -Sarah Palin's Alaska (47 %) -- Deadliest Catch (51 %) 58% of potential visitors have seen Deadliest Catch 36% of potential visitors saw Sarah Palin's Alaska Research found that no Alaska TV show is creating a very positive interest in visiting Alaska among potential visitors. Deadliest Catch has created the most interest and Sarah Palin's Alaska created the least amount of interest. (This survey done prior to the launch of Coast Guard Alaska.) • Kodiak's Visitor Profile Visiting family /relatives and business travelers more common in Kodiak than in other parts of the state More likely to participate in wildlife viewing, fishing and cultural activities Two - thirds of the visitors were male. Average age of all visitors 53.7 years Annual average income somewhat higher than visitors to the rest of the state *Spending per person while in Alaska is higher when compared to the state: $1,110 for Kodiak $ 941 rest of Alaska Average per - person total spent in the community: $386 *Excludes transportation costs More likely to purchase a fishing package; less likely to purchase a wilderness lodge package Kodiak visitors book later than other parts of the state with nearly 38% booking between April and June of the year they are planning to visit; another 25% book between January and March Average length of stay in Kodiak 13.3 days compared to 9.2 nights in other parts of Alaska Top activities Kodiak visitors participated in: 1. Cultural activities 2. Wildlife viewing 3. Fishing 4. Hiking /nature walks 61% of Kodiak's visitors have been to Alaska before, with the average number of repeat times at 6 visits Trip Planning 85% of visitors to Kodiak used the internet to research trip 67% booked over the internet 30% booked using a travel agent 51% learned about Kodiak from friends /family 31 % knew from a prior experience 24% learned from a AAA publication 24% learned from a cruise line Strategy for the Future 1. Invest in the media. Increase our PR /media assistance budget to get more writers and filmmakers to Kodiak. Work closely with the state's PR team to fold Kodiak into plans for any writers, news stations, filmmakers or photographers visiting the state. Consider attending the New York Media Show in addition to the Alaska Media Road Show (Santa Barbara) Justification: Media and PR gives you more bang for the buck. One well - placed article can be equivalent to hundreds of thousands of dollars of advertising that we could never afford to purchase. 2. Trade shows. Over the next two years, shift trade show participation. Add shows that target air travelers with easy access to Alaska as well as shows that hit our main demographic: male over 50. Add Fairbanks Sport Show. Consider attending Northwest Sportshow in Minneapolis instead of sending visitor guides only. Target shows that offer one on one appointments with travel agents that specialize in FITs (Free Independent travelers). Reserve funds for the Mid - Atlantic Conference with the state of Alaska in Reykjavik, Iceland, when and if Iceland Air announces flights into Anchorage. Scandinavian countries are hungry for wildlife viewing opportunities and these countries are considered a prime target in upcoming years if Iceland Air makes the decision to fly to Alaska. Justification: Kodiak is likely to be "off the radar" of the major cruise lines for the foreseeable future. We need to bolster independent travel to Kodiak and develop new markets of travelers who will stay longer and spend more. Adding another Alaska show will target important in -state travelers. 3. Website. Invest in the success of our website. Offer interactive map on website. Develop blog. Offer greater opportunities for member promotion and advertising on website. Improve and expand trip planning. Improve and expand meetings and convention. Improve and expand wedding and other specialty travel sections. Invest in SEO and Google Analytics reports. Justification: With 85% of visitors to Kodiak trip planning on line and 67% booking online, it is imperative that we invest heavily and consistently in our website development and maintenance. 4. Social Media: Develop and maintain YouTube for Kodiak. Develop and maintain Pinterest for Kodiak. Develop and maintain blog. Capitalize on our large fan base and generate more fans through targeted Facebook advertising. Stay current on new social media opportunities and mobile media opportunities. Justification: Social media is the future. Kodiak needs to be "there" wherever "there" is. This will help cultivate younger prospective visitors as well and broaden our target to include more women. (Women are the greatest users of Facebook.)