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2012-12-06 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting December 6, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 6, 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. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of September 22, 2012, and regular meetings minutes of October 4, October 18, and November 1, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for November 2012 to Reymark Galleto, a junior at the Kodiak High School. CITIZENS' COMMENTS Todd Hiner spoke on the sludge issue in Middle Bay. Lawrence Anderson gave an update on the services provided by the Kodiak Senior Center and Island Cove. Judy Kidder thanked the Assembly and City in joining forces on the sludge issue. Ms. Kidder requested that the animal control fees be reinstated in the fee schedule, to be enforced if needed. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chair, gave an update on the its meeting of November 15. Assembly member Stephens reported on the Alaska Municipal League Conference meetings in Anchorage. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1120 Assembly member Lynch reported on the Kodiak Fisheries Workgroup meeting held Monday, December 3, 2012. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Engineering/Facilities Department finished the interviewing process for the Kodiak High School Project Manager Consultant position. • Auditing of personal property and severance tax, the Borough collected an additional $300,000 in tax revenue. • The Borough received approval on the 95% drawings on the Kodiak High School Renovation project from Department of Education and Early Development (DEED). • The Borough and the City were looking for a community solution to the sludge issue. • The Long Term Care Facility paperwork was scheduled for the next regular meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the meetings at the Alaska Municipal League Conference meetings in Anchorage. Mayor Selby also encouraged the community to give a helping for those in need over the holidays. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -02 Reestablishing the Fees of the Kodiak Island Borough. KAPLAN moved to adopt Resolution No. FY2013 -02. Resolution No. FY2013 -02 was the annual review of the Borough's fees schedule. Review included fees covering costs, making language clearer, and adjusting reproduction costs. STEPHENS moved to amend Resolution No. FY2013 -02 by reinstating all references of Title 6 of the Borough Code in the Resolution. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 2. Resolution No. FY2013 -15 Authorizing Terms and Conditions For Sale of a Tax Foreclosed Property Legally Described as Lot 17, Block 7, Baranof Heights Subdivision 1st Addition at Borough Land Sale Number Seventeen. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1121 GRIFFIN moved to adopt Resolution No. FY2013 -15. The Kodiak Island Borough acquired Lot 17 Block, 7, Baranof Heights Subdivision 1st Addition as a result of the tax foreclosure procedure. The Assembly adopted Ordinance No. FY2013 -05, which determined, consistent with the recommendation of the Planning and Zoning Commission, that a public need did not exist for this property, and authorized the Manager to offer the property for sale by sealed bid auction. This resolution defined the terms of sale previously outlined in Ordinance No. FY2013 -05. To be eligible for consideration to purchase Lot 17, Block 7, Baranof Heights Subdivision 1st Addition, sealed bids were required to be in the Manager's office by 4 p.m. on January 17, 2013. The bidder would enclose a 10% deposit ($6,650) based on the minimum bid amount indicated in the bid packet, to be paid in cash or other means acceptable to the Borough Finance Director. The remaining balance was to be paid in thirty (30) days. The Borough Assessor appraised the property within a fair market value range of $70,000 - $80,000, with a recommendation that the property be offered at the lower end of this range. Minimum acceptable bid at the auction would not be less than ninety five percent (95 %) of the low range of the low market appraised value, or not less than $66,500. This resolution also outlined the procedure available for the previous record owner of the property to claim proceeds of the sale exceeding the amount of taxes owed, penalties, interest, and other related costs (Section 4), and described conveyance by quitclaim deed (Section 5). This resolution was reviewed by the Borough Attorney. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Griffin, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephens (No). 3. Resolution No. FY2013 -17 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. AUSTERMAN moved to adopt Resolution No. FY2013 -17.. The purpose of this resolution was to approve the Kodiak Island Borough's submittal of an application to the Alaska Clean Water Fund for a loan in an amount up to $5,818,548. Loan funds were to be used to support the Landfill Lateral Expansion Project, Phase III. This phase was the construction of a wastewater treatment facility for on -site treatment of the landfill's leachate. KIB could borrow loan funds as needed up to the approved amount. Terms for the repayment of the loan were up to 20 years at 1.5% interest. Borough staff initiated the "pre - application" process in January 2012 requesting $6,437,500 in loan funding. The State of Alaska Department of Environmental Conservation reviewed the loan request and placed the project on the Alaska Clean Water Fund Non -Point Source Funding Priority List for Fiscal Year 2013 in the amount of the program's current available assistance, $5,818,548. Once on the list, a formal application would be submitted to receive the loan funds. To assist with financing the cost of expanding the landfill under current regulations, the Borough also applied for a second grant from the Alaska Department of Environmental Conservation Municipal Matching Grant Program as well as a second legislative grant from the Alaska Legislature via the FY13 Capital Improvements Priority List. Application to the Alaska Clean Water Fund Loan Program provides security of project funding in case these grant requests were not approved. This resolution authorized Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1122 the Borough Manager to submit an application for a loan from the Alaska Clean Water Fund and authorized the Borough Manager to execute any and all documents required for the loan. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Kaplan, Lynch, Austerman, and Griffin (Ayes); Stephens and Bonney (Nos). Ordinances for Introduction • 1. Ordinance No. FY2013 -10 Accepting a Grant From the Alaska Division of Homeland Security and Emergency Management Under the Homeland Security Grant Program (HSGP) for Kodiak Area Emergency Operations Plan Update. AUSTERMAN moved to adopt Ordinance No. FY2013 -10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough and the City of Kodiak jointly agreed to provide for disaster preparedness and emergency response on an area -wide regional basis. The City and Borough have historically maintained one Emergency Operations Plan (EOP) in this regard, which covers the Kodiak Road System and six remote communities. These plans must be updated and amended from time -to -time in order to remain current in terms of personnel and resources available in the community. The Kodiak Island Borough traditionally facilitated the planning process to maintain the Kodiak Area Emergency Operations Plan (KAEOP). The KAEOP is typically reviewed on an annual basis by city and borough staff and when necessary, amendments were forwarded to the Kodiak Island Borough Local Emergency Planning Committee (KIB LEPC). Any changes recommended by the KIB LEPC through this process were then forwarded to the Kodiak Emergency Services Council (ESC) for consideration as an amendment to the adopted plan. The last major revision and update to the plan was adopted in 2005. Many of the changes at that time reflected the lessons learned from 9/11 and the new anti - terror regulations that were put into place immediately following this event. In the intervening years the state and federal governments gradually moved back to a more balanced "all- hazards" approach to emergency preparedness and response. Due to the passage of time, and changes to what the State of Alaska considered to be best planning practices, an annual update was no longer sufficient to keep the KAEOP current. By accepting the attached grant, the Assembly could ensure that the plan would be updated in a timely and comprehensive fashion so that the updated plan could be exercised in March 2014 as part of the next statewide "Alaska Shield" exercise. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. Other Items 1. Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. This item was approved under the consent agenda. The Assembly approved the meeting schedule for the upcoming year. 2. Assembly Appointments to the Bay View Road Service Area Board. This item was approved under the consent agenda. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1123 No one declared candidacy at the last election for this board. The incumbents, Mr. Fred Roberts and Jim Schauff, expressed to the Clerk their desire to continue their service on the board. Mr. Reed Oswalt, BVRSA Board Chairperson, noted approval of the appointments of Mr. Roberts and Mr. Schauff. Both Mr. Roberts and Mr. Jim Schauff were qualified voters within the Borough and were both residents of the Service Area. 3. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough. GRIFFIN moved to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Board for the renewal application requests indicated on presented spreadsheet for 2013. After the Clerk's office routine investigation, no protests were returned. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. 4. Mayoral Appointment to the Architectural /Engineering Review Board. AUSTERMAN moved to confirm the Mayoral Appointment of Mr. Jerrol Friend to the Architectural Review Board for a term to expire December 2013. With the adoption of Ordinance No. FY2013 -08, amending KIBC 2.125, a Citizen -at -Large seat would be created on the Architectural /Engineering Review Board. The vacancy was advertised by the Clerk's office per Borough Code 2.100.070. The Clerk's office received an application from Mr. Jerrol Friend on November 5 for the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:25 p.m. BOARD OF ADJUSTMENT 1. APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) Assembly member Lynch noted she had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Lynch. Chair Selby announced that 42 appeal hearing notices were mailed and three written comments were returned and provided to the Board of Adjustment. Chair Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1124 Adjustment, only persons who had submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission would present oral argument. Chair Selby announced the following persons would be allowed to present oral argument on the appeal: Persons who submitted written argument on the appeal: Thomas Loran Leland James Les James Christopher Wing Testified before the Commission: Gretchen Wing John Whiddon Chris Wing Lauri Whiddon Chris Lynch Jennifer Ridgecreek Bill Alwert Kevin Arndt Barbara from Pickled Willys Submitted written comments to the Commission: Christopher P. Wing Debra Davis Clayton Weather Leland P. James John Adams Ryan Horwath Howard Peterson Steven E. Hom Garreck Parker Wes Hillman Charlie and Laurie Madsen Randy Ensign Chris Lynch Bert Ashley Thomas Loran Cliff Zawacki 1. Borough staff represented by Duane Dvorak, Acting Community Development Director (CDD) and Alan Torres, Chairperson of the Planning and Zoning Commission. Acting Director Dvorak reviewed the case packet and backup information. Mr. Dvorak explained that two cases were included in the packet (current and historical). Comments received after the deadline date were addressed, in that it was mistakenly included in the final packet. Chairperson Alan Torres reported that the Commission agreed with the staff report and addressed that the comments received after the deadline were those of Mr. Kevin Arndt who also spoke at the Planning and Zoning Commission public hearing; therefore, he felt the subject mute. 2. Appellant: 10 minutes - (John Whiddon) Mr. Whiddon gave a historical perspective of Pacific Seafoods including the ownership, growth of business and employees, and structural coverage along with the parking requirements in relation to his required turning radius. Mr. Whiddon suggested a two -part solution which included maintaining the prior zoning requirement of 17 parking spaces; using five spaces in front for retail, five spaces which would be the container van, leaving seven spaces. The remaining seven space requirement would be accommodated by using maximum density parking (vehicles parked in every direction in every available spot). Mr. Whiddon reported that they would not he able to delineate seven additional parking spaces but could comply by using the maximum density scenario. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1125 3. Private person supporting the appeal: None. 4. Private person opposing the appeal: Chris Wing, Jennifer Richcreek, Bill Alwert, and Chris Lynch spoke against the appeal and addressed the lack of parking spaces for personal businesses and property owners on Shelikof Avenue. 5. Appellant, for rebuttal: 10 minutes - (John Whiddon) Mr. Whiddon reiterated his proposed solution of maintaining the 17 required parking spaces in light of the inherent parking problem on Shelikof. AUSTERMAN moved to convene into closed session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION FAILED THREE TO TWO: Griffin, Kaplan, Austerman (Ayes); Bonney and Stephens (Nos). AUSTERMAN moved to Reverse in Part the Planning and Zoning Commission's Decision on Case 13- 006 DENYING the Request of a Variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces according to KIBC 17.175.040 (Appellant: John Whiddon) to 20 spaces with the designation of five retail spaces, five container spaces, and ten tandem parking spaces. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Griffin, Kaplan, Austerman, and Bonney (Ayes); Stephens (No). AUSTERMAN moved to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case 13 -006 REVERSING IN PART the Request of a Variance, According to KIBC 17.195, reducing the required off - street parking from 22 spaces according to KIBC 17.175.040 to 20 with the designation of five retail spaces, five container spaces, and ten tandem parking spaces to the regular meeting of January 3, 2013. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Austerman, Bonney, and Griffin (Ayes); Stephens (No). Mayor Selby reconvened the regular meeting at 10:05 p.m, EXECUTIVE SESSION A. Evaluation of Applicants for the Borough Manager's Position. KAPLAN moved to convene into executive session to discuss the applicants for the Borough Manager's position which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. Mayor Selby invited the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1126 Mayor Selby recessed the regular meeting and convened the executive session at 10:20 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 10:35 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS Judy Kidder encouraged the community to get involved and participate in the Assembly meetings. ASSEMBLY MEMBER COMMENTS Assembly member Austerman thanked Lawrence Anderson for his update and comments. Assembly member Lynch congratulated student of the month Reymark Galleto and also thanked Lawrence Anderson for his update and encouraged other non - profits to update the Assembly. Announcements Mayor Selby announced that the Kodiak Island Borough Mayors Conference was scheduled for Monday, December 10 at 11 a.m. in the Borough Conference Room. The next Assembly work session was scheduled on Thursday, December 13 at 7:30 p.m, in the Borough Conference Room and the next regular meeting was scheduled on Thursday, December 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT AUSTERMAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. The meeting was adjourned at 10:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Je *me M. Selby, Ma • Nova M. Javier, MMC, BorouClerk Approved on: January 3, 2013 Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1127