10/03/2013 Regular Meeting C
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
111 October 3, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 3,
2013, 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 Michael Bates of the Salvation Army. Deputy Presiding
t Officer Lynch led the Pledge of Allegiance.
Present were Deputy Presiding Officer Chris Lynch, Assembly members Carol Austerman, Tuck
Bonney, Aaron Griffin, Dave Kaplan, Mel Stephens, and Louise Stutes. Staff members present
were Borough Manager Bud Cassidy, Engineering and Facilities Department Acting Director
Bob Tucker, Engineering and Facilities Department Construction Manager Dave Conrad, Clerk
Nova Javier, and Deputy Clerk Jessica Kilborn.
KAPLAN moved to excuse Mayor Selby who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
AUSTERMAN moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Deputy Presiding Officer Lynch proclaimed the Month of October 2013 as Fire Prevention
Month in Kodiak, and encouraged all citizens to participate in fire prevention activities at home,
work, and school and to practice the 2013 theme "Prevent Kitchen Fires, Get Cookin' With Fire
Safety".
Deputy Presiding Officer Lynch proclaimed the Month of October 2013 as Domestic Violence
0 Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and
participate in the ongoing programs designed to reduce and eventually eliminate violence as a
social problem.
CITIZENS' COMMENTS
Scott Arndt, Dennis Symmons, and Dave Anderson spoke on Resolution No. FY2014-12.
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Lenny Roberson spoke to dumpster issues in the community.
Karen Yashin thanked the Assembly for its continued support for the Kodiak Animal Shelter.
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October 3, 2013 Page 1271
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Vicky Jo Kennedy spoke on the logging storage issues along Sargent Creek road and at the
Lash Dock in Womens Bay and urged Lesinoi and Koniag entities to work together with A-1
Timber to locate new logging storage areas. She also spoke against the proposed zoning
designation in Monashka Bay from Rural Residential to Suburban zoning districts, as was based
on the code revision project.
Judi Kidder spoke on borough residents being charged city sales tax through ACS and GCI.
Betty MacTavish spoke to "Common Core" standards adopted for school districts throughout the
State of Alaska.
COMMITTEE REPORTS
Assembly member Kaplan reported on efforts of the Kodiak College and Humane Society of
Kodiak.
Assembly member Austerman reported on the Providence Joint Community meeting held on
Tuesday, September 24.
PUBLIC HEARING
A. State of Alaska Alcoholic Beverage Control Board New Liquor License Application for the
Navigator Lounge Beverage Dispensary-Tourism. (Licensee/Applicant: Allstar Alliance
Company).
BONNEY moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board
for a New Liquor License application for a beverage dispensary-tourism at the Navigator Lounge
(Licensee/Applicant: Allstar Alliance Company).
The application was for a new beverage dispensary-tourism liquor license at the Navigator
Lounge. The Clerk's office followed the procedures in KIBC 5.01.030 New license and transfer
procedure. Public hearing notices were mailed to twelve landowners, and no responses were
received.
Deputy Presiding Officer Lynch opened the public hearing.
George Gatter spoke in support of the new liquor license for the Navigation Lounge.
Deputy Presiding Officer Lynch closed the public hearing. ��
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin,
Kaplan, Lynch, Stephens, and Stutes.
B. Ordinance No. FY2014-08 Rezoning Lots 1,2,3,4, and 5A, Block 14, Aleutian Homes
Subdivision From R1-Single Family Residential To R3-Multi Family Residential (P&Z Case
No. 14-001). Li
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KAPLAN moved to adopt Ordinance No. FY2014-08.
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October 3, 2013 Page 1272
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The applicant requested a rezone of these parcels in order to allow a more intensive residential
use of the property than allowed under the current R1-Single-Family Residential zoning
designation. The applicant's targeted residential client base projected to be drawn from referrals
through local non-profit agencies serving low income and under-served populations. The
conversion of existing housing stock to accommodate a growing demand for affordable housing
was an investment in the community and the human resources composing that community.
The Commission held a public hearing on August 21, 2013 on the request and found the
request was consistent with the goals and objectives of the 2008 Kodiak Island Borough
Comprehensive Plan Update. The Commission voted unanimously to recommend that the
Assembly approve the rezone request. Seventy-four public hearing notices were sent out by the
Clerk's Office on Friday, September 20, and no responses were received.
Deputy Presiding Officer Lynch opened the public hearing.
Dave Nesheim spoke in support of Ordinance No. FY2014-08.
Deputy Presiding Officer Lynch closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Stephens, Stutes, and Austerman.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• He would attend the Seismic Hazard Safety Commission meeting on Monday, October 7
and Tuesday, October 8.
• A letter of resignation was received from Engineering and Facilities (E/F) Department
Director Woody Koning.
• Local NOAA offices and long-term experimental projects were being affected by the
government shutdown at the Kodiak Fisheries Research Center.
MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Lynch)
None.
UNFINISHED BUSINESS
A. Resolution No. FY2014-12 Adopting a Capital Improvement Projects Priority List for the
2014 State Legislative Session.
The resolution was postponed from the September 19, 2013 regular meeting.
In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and
updated a list of project priorities for the Borough Capital Improvement Program (CIP) for
FY2014-2018. The Commission was required to make a recommendation to the Assembly by
resolution and deliver that recommendation no later than October 1st of each year.
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The Commission reviewed last year's resolution and took into account those projects which had
been funded since that time. In addition, the Commission received input from the City of Kodiak,
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October 3, 2013 Page 1273
the Borough Parks and Recreation Committee, and the Ouzinkie Native Corporation and
provided available opportunities for input by the general public. At its August 21, 2013 regular I 1
meeting, the Commission reviewed the input received and adopted P&Z Resolution No.
FY2013-02, establishing a revised and updated list of project priorities for the CIP FY2014-
2018, and the resolution was forwarded to the Assembly for its consideration.
The resolution compiled the list of capital improvement priority projects discussed by the
Commission. The goal was to complete a list early so that projects could be considered by the
different state agencies with the aim to be included in the Governor's Capital Budget. The
adopted list would be forwarded to the legislative delegation, the Governor, and any state
agencies that would have oversight and/or involvement in the project.
STEPHENS moved to amend Resolution No. FY2014-12, by renumbering Item No. 6 Service
Area Road and Paving Improvements as Item No 3.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Kaplan, Lynch,
Stephens, Stutes, Austerman, and Bonney (Ayes); Griffin (No).
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Kaplan,
Lynch, Austerman, Bonney, and Griffin (Ayes); Stephens and Stutes (Noes).
NEW BUSINESS
Contracts
A. Approval of Change Order No. 9 Amending Contract No. FY2012-21 Landfill Lateral
Expansion Phase II.
AUSTERMAN moved to authorize the manager to execute Change Order No. 9 Amending
Contract No. FY2012-21 Landfill Lateral Expansion Phase II with Brechan Enterprises, Inc. of
Kodiak, Alaska in an amount not to exceed $1,044,026.
The provided change order and backup included the following changes to the Landfill Lateral
Expansion Project Phase II construction contract. The funding was in place to cover the costs
associated with the change order.
1. Perimeter Road Leachate Piping and Manhole Realignment — Improved long-term
maintenance and access to the leachate collection and conveyance systems.
2. Storm Water Control and Stream Diversion — Engineered control measures for the
handling of the normal stream flows and increased storm water control measures along
the northeast boundary of the Landfill property.
3. Credit for the reduction of Cell 1 Pipe Concrete Encasement and Support— Relocation of
the pipe alignment within the Cell 1 area allowed for the use of existing rock substrate,
reducing the original estimated quantity of concrete needed.
4. Credit for On Site Rock Production — The ability of the contractor to be allowed to
produce required drain rock on site with existing materials to specification eliminated the 1
need to import rock from off site. LI
The Monashka Bay Road Service Area Board met on Wednesday, October 2 to discuss the E/F
Department's request to approve the plan to encroach into the Monashka Bay Greenbelt C
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overlay, located next to the Landfill. A recommendation of the Board regarding Change Order
No. 9 was provided to the Assembly.
J ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Stutes, Austerman, Bonney,
Griffin, and Kaplan (Ayes); Stephens (No).
B. Contract No. FY2014-17 Kodiak Island Borough and City of Kodiak Animal Control Services
Agreement.
0 GRIFFIN moved to authorize the manager to execute Contract No. FY2014-17 with the City of
Kodiak to provide animal control services in the borough for the period beginning October 1,
2013 to June 30, 2014 in the amount of $82,061.25.
The Borough and the City of Kodiak jointly funded the animal control program. The City
provided the officer (including management of the position which included payroll, evaluation,
and training), the vehicle (including maintenance), and contracts with the Humane Society to
operate the animal shelter. In the past the City and Borough shared one Animal Control Officer
(ACO) who patrolled the city limits as well as the remainder of the road system outside city
limits. With Contract No. FY2014-17 a second ACO would be hired. Between the two positions,
service was expanded to seven days a week, 8 a.m. to 8 p.m. Should this have been a contract
that ran a full year, it would have increased from the $84,125 (that had been the historical cost)
to $109,415 per year. The increase resulted from what was to be a back log of service required,
as well as a general increase of salaries and city overhead. Prorating the annual cost to nine
months (October to June) the contract would be $82,061.25. The contract would not go into
— effect until November 1.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, Austerman, Bonney, Griffin,
Kaplan, and Lynch (Ayes); Stephens (No).
Resolutions
A. Resolution No. FY2014-14 Disposing of a Portion of Tract B Miller Point Alaska Subdivision
of Approximately 15,246 Square Feet of Borough Land (Case 13-031) to an Adjacent
Property Owner Per KIBC Section 18.10.030.
GRIFFIN moved to adopt Resolution No. FY2014-14.
The applicant of Planning and Zoning Commission Case No. 13-031 applied for a disposal of
Borough lands, by direct negotiation according to KIBC 18.20.120(A), for the purpose of
residential development. At the preliminary stage of review typically all that was required was a
determination by the Assembly that the land identified for disposal in the review was surplus to
the Borough's (public's) need. Upon the Assembly's approval that the land was surplus to the
Borough's needs, the applicant would be responsible for surveying, appraisal, and rezoning of
the property.
There was no adopted plan guidance indicating a need for the lands reviewed in the case to be
retained for any particular public purposes. Upon approval by the Assembly of the disposal of
the parcel, an additional zoning review would be required before the parcel would be considered
fit for residential development. The Commission held a public hearing on the request and found
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October 3, 2013 Page 1275
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the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough
Comprehensive Plan Update.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, r,
Griffin, Kaplan, Lynch, and Stephens.
Ordinances for Introduction
None. (�
Other Items ` )
1. Declaring a Seat Vacant on the Personnel Advisory Board (Perry Page). This item was
approved under the consent agenda.
On September 20, 2013 the Clerk's Office received notification of Mr. Perry Page's resignation
from the Personnel Advisory Board. The Assembly accepted, with regret, the resignation of Mr.
Page from the Personnel Advisory Board for a seat term to expire December 2013, and directed
the Borough Clerk to advertise the vacancy per Borough Code.
2. Assembly Appointment to the Monashka Bay Road Service Area Board (Louise Stutes).
This item was approved under the consent agenda.
Ms. Stutes was the only applicant for a vacant seat Monashka Bay Road Service Area Board
(MBRSA). The other two seats on the board were up for reelection in October 2013. The
MBRSA board met on September 25, and the Chairperson advised the Clerk of the Board's
recommendation to appoint Ms. Stutes to the Board. The Assembly confirmed the appointment
of Ms. Louise Stutes to the Monashka Bay Road Service Area Board for a term to expire
October 2015.
Executive Session
1. Borough Clerk's Performance Evaluation
KAPLAN moved to convene into executive session to discuss the Borough Clerk's performance
evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice
her reputation or character.
Deputy Presiding Officer Lynch invited the Assembly members and Clerk to join in the executive
session. (��
After the vote, Deputy Presiding Officer Lynch recessed the regular meeting at 8:55 p.m. and `-�
convened the executive session.
Upon returning from the executive session, Deputy Presiding Officer Lynch reconvened the
regular meeting at 9:25 p.m.
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AUSTERMAN moved to keep the Clerk's salary at Range 24, Step M pending contract
verification and to approve a merit award of$1500.
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ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Stephens, Stutes, and Austerman.
[ 1] CITIZENS' COMMENTS
None.
ASSEMBLY MEMBERS' COMMENTS
Assembly members Bonney, Stephens, and Stutes spoke on issues with the current dumpster
service.
Assembly member Stephens expressed a need to fix the Chambers sound system. He
addressed the issue of Borough residents being charged City sales tax by GCI and ACS.
Assembly member Bonney spoke to the option of property development in the Nemetz area for
Coast Guard housing.
Assembly member Kaplan announced a robotic demonstration would be held at the Kodiak
College, Friday, November 1 in the Kodiak Room.
Assembly member Austerman commended the Borough Clerk for her hard work for the
Assembly. She addressed the Chambers sound system issue. She reminded citizens to switch
( batteries in smoke detectors as October was Fire Prevention Month.
Assembly member Griffin spoke on the Alaska Common Core program for state-wide school
districts.
Announcements — Deputy Presiding Officer Lynch
The next Assembly work session was scheduled on Thursday, October 10, at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, October 17,
at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
GRIFFIN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens,
Stutes, Austerman, and Bonney.
The meeting was adjourned at 9:30 p.m.
KODI K IS NDB RO CH
ATTEST: Frieric4ayor
Nova M. Javier, MMC, orough Clerk Approved on: November 7, 2013 Kodiak Island Borough Assembly Minutes
October 3, 2013 Page 1277